[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18868-18871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08109]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2016-0542; A-1-FRL-9952-93-Region 1]
Air Plan Approval; Connecticut; General Permit To Limit Potential
To Emit From Major Stationary Sources of Air Pollution
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct 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. This revision approves into the Connecticut SIP the
provisions of Connecticut's ``General Permit to Limit Potential to Emit
from Major Stationary Sources of Air Pollution'' (GPLPE) as they apply
to the restriction of emissions of criteria pollutants for which EPA
has established national ambient air quality standards. Separately, we
are also approving the provisions of the GPLPE as it applies to the
restriction of emissions of hazardous air pollutants (HAPs). The State
issued the GPLPE on November 9, 2015. The permit imposes legally and
practicably enforceable emissions limitations restricting eligible
sources' potential to emit air pollutants. Such restrictions would
generally allow eligible sources to avoid having to comply with
reasonably available control technology (RACT) that would otherwise
apply to major stationary sources, title V operating permit
requirements, or other requirements that apply only to major stationary
sources. This action is being taken in accordance with the Clean Air
Act (CAA or the Act).
DATES: This direct final rule will be effective from June 23, 2017 to
November 8, 2020, unless EPA receives adverse comments by May 24, 2017.
If adverse comments are received, EPA will publish a timely withdrawal
of the direct final rule in the Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2016-0542 at http://www.regulations.gov, or via email to
[email protected]. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics, and
Indoor Programs Unit, Office of Ecosystem Protection, 5 Post Office
Square--Suite 100 (Mail code OEP05-2), Boston, MA 02109-3912, telephone
617-918-1656, fax 617-918-0656, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Evaluation of the GPLPE Under Section 110 of the Clean Air Act
III. Evaluation of the GPLPE Under Section 112 of the Clean Air Act
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
In a letter dated June 27, 2016, the State of Connecticut submitted
a formal revision to its State Implementation Plan (SIP). The SIP
revision consists of Connecticut's GPLPE as it relates to criteria
pollutants. Federally-enforceable limits on criteria pollutants or
their precursors (e.g., VOCs or PM-10) may have the incidental effect
of limiting certain HAPs listed pursuant to section 112(b) of the Act.
As a legal matter, no additional program approval by the EPA is
required beyond SIP approval under section 110 in order for these
criteria pollutant limits to be recognized as federally enforceable.
However, section 112 of the Act provides the underlying authority for
controlling all HAP emissions, regardless of their relationship to
criteria pollutant controls.
Connecticut's June 27, 2016 letter also requested that EPA approve
the GPLPE under section 112(l) of the CAA, as the GPLPE relates to
HAPs. The GPLPE was issued on November 9, 2015 and expires on November
8, 2020. As noted earlier, the GPLPE is a general permit designed to
limit air pollutant emissions from major stationary sources to below
major source thresholds by including legally and practicably
enforceable permit restrictions on potential and actual emissions.
By letter dated August 18, 2016, CT DEEP withdrew from its June 27,
2016 SIP submittal, all explicit and implicit \1\ references in the
GPLPE to greenhouse gases (GHGs). The explicit references in the GPLPE
are not being approved by EPA in this notice. In addition to those
explicit references, to the extent that any provisions of, or
definitions contained in, the GPLPE implicitly cover or address GHGs as
a matter of state law, EPA's approval in this notice of the GPLPE
specifically does not include such provisions or definitions in
relation to GHGs. However, our approval excludes such definitions and
provisions only insofar as, and to the extent that, they cover or
address GHGs. To the extent that the same definitions and provisions
implicitly address any and all other pollutants addressed by the GPLPE,
those definitions and provisions are being approved into the SIP by EPA
in this notice for purposes of those pollutants. In other words, EPA's
approval of the GPLPE specifically excludes applicability of the
[[Page 18869]]
GPLPE to sources of GHGs for purposes of federal law consistent with
the U.S. Supreme Court's decision addressing the application of PSD
permitting requirements to GHG emissions. See Utility Air Regulatory
Group v. Environmental Protection Agency, 134 S. Ct. 2427. This does
not, however, affect applicability of the GPLPE to sources of GHGs for
purposes of state law.
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\1\ Certain terms used in the GPLPE are more fully defined in
other parts of the State's SIP or Title V program regulations. To
the extent that such terms are used in the GPLPE they would
implicitly cover or address GHGs. These implicit references to GHGs
also were withdrawn by Connecticut.
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We note that inclusion in our approval of Section 7 of the GPLPE,
entitled ``Commissioner's Powers,'' does not, as a matter of law, and
is not intended to, supersede or in any way affect EPA's authority
under the CAA in relation to enforcement or any other authority. Please
note that if EPA receives adverse comment on an amendment, paragraph,
or section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.
II. Evaluation of the GPLPE Under Section 110 of the Clean Air Act
As noted earlier, the State of Connecticut's principal purpose in
issuing the GPLPE is to have a federally and practicably enforceable
means of expeditiously restricting sources' potential and actual
emissions of air pollutants, such that those eligible sources would no
longer be required to comply with reasonably available control
technology (RACT) that would otherwise apply to major stationary
sources, title V operating permit requirements, or other requirements
that only apply to major stationary sources. The operating permit
provisions in title V of the Clean Air Act Amendments of 1990 created
interest in mechanisms for limiting sources' potential to emit, thereby
allowing eligible sources to avoid being defined as ``major'' with
respect to title V operating permit programs. Please note, however,
that a source that is eligible for coverage under the GPLPE may still
need a title V operating permit if EPA promulgates a National Emissions
Standard for Hazardous Air Pollutants (NESHAP) which requires non-major
sources to obtain a title V permit.
The GPLPE requires a permittee to submit a registration that
includes, among other things, calculation of a source's potential and
actual emissions of regulated air pollutants and a detailed description
of the methodology used to calculate those actual and potential
emissions. The methodology used by an eligible source must be selected
from a preferential hierarchy of methodologies explicitly identified in
the GPLPE. Under the GPLPE, facilities may register to be limited to
emissions less than 50% of the title V operating permit program
thresholds for a major source; or, alternatively, facilities with
certain specified source categories may apply to be limited to
emissions up to, but no more than, 80% of the title V operating permit
program thresholds for a major source, provided the permittee conducts
the additional specified monitoring and any other additional
requirements required by the GPLPE for the relevant source category.
Section 5 of the GPLPE contains emissions limitations, requirements for
the source to calculate potential and actual emissions, monitoring
requirements, recordkeeping requirements, and requires eligible sources
to submit an annual compliance certification. This approach was
developed in accordance with an EPA guidance document entitled
``Options for Limiting Potential to Emit of a Stationary Source under
Section 112 and Title V of the Clean Air Act,'' issued by John Seitz,
Office of Air Quality Planning and Standards to EPA Air Division
Directors, dated January 25, 1995. This guidance outlines various
approaches to establishing federally-enforceable mechanisms to limit
emissions from sources that wish to limit potential emissions to below
major source levels.
We note that Connecticut is not relying on the GPLPE's emissions
limitations for any National Ambient Air Quality Standards (NAAQS)
attainment demonstration purposes. The GPLPE has a permit term of five
years and expires on November 8, 2020. Therefore, when the permit
expires as a matter of state law on November 8, 2020, the permit also
will no longer be an enforceable part of the Connecticut SIP for
purposes of federal law.
The GPLPE satisfies the criteria necessary for EPA's approval as a
SIP revision under section 110 of the CAA. The GPLPE contains legally
enforceable limitations on emissions that are also federally and
practicably enforceable. As noted earlier, Connecticut is also seeking
approval of the GPLPE under section 112(l) of the CAA for the purpose
of limiting an eligible source's potential and actual emissions of
HAPs. The following is a discussion of EPA's criteria for approval of
the GPLPE under section 112(l).
III. Evaluation of the GPLPE Under Section 112 of the Clean Air Act
The state of Connecticut has also requested approval of its GPLPE
under section 112(l) of the Act for the purpose of creating federally
enforceable limitations on the potential to emit of HAPs. Approval
under section 112(l) is necessary because the SIP approval discussed
above, pursuant to section 110 of the Act, does not extend to HAPs.
Approval pursuant to section 112(l) of the Act will render the GPLPE
federally enforceable for sources of HAPs.
In order for EPA to approve the Connecticut GPLPE for limiting the
potential to emit of HAPs, the GPLPE must meet the statutory criteria
for approval under section 112(l)(5) of the Act. In a July 10, 1996
Federal Register notice EPA revised 40 CFR part 63, subpart E, to
provide for approval of programs designed to limit sources' potential
to emit HAPs under the authority of section 112(l) of the CAA. A state
must demonstrate that it has satisfied the general approval criteria
contained in 40 CFR 63.91(d). The process of providing ``up-front
approval'' assures that a state has met the criteria in Section
112(l)(5) of the CAA (as codified in 40 CFR 63.91(d)). That is, that
the state has demonstrated that its program contains adequate
authorities to assure compliance with each applicable Federal
requirement, adequate resources for implementation, and an expeditious
compliance schedule. Under 40 CFR 63.91(d) (3), interim or final title
V operating permit program approval satisfies the criteria set forth in
40 CFR 63.91(d) for ``up-front approval.'' On May 13, 2002, EPA granted
full approval of Connecticut's title V operating permit program. See 67
FR 31966. Accordingly, the EPA is approving the Connecticut GPLPE
pursuant to 40 CFR part 63, subpart E and section 112(l) of the Act
because the program meets the applicable approval criteria in section
112(l)(5) of the Act and 40 CFR 63.91.
IV. Final Action
EPA is approving Connecticut's GPLPE as a revision to the State's
SIP with respect to criteria pollutants and is separately approving the
GPLPE under section 112(l) of the Act with respect to HAPs. The GPLPE
was issued on November 9, 2015 and has an expiration date of November
8, 2020. EPA is not taking any action on any implicit or explicit
references to GHGs contained in the GPLPE (which Connecticut withdrew
from the June 27, 2016 SIP submittal). EPA is approving Connecticut's
request in accordance with the requirements of sections 110 and 112 of
the CAA.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register
[[Page 18870]]
publication, EPA is publishing a separate document that will serve as
the proposal to approve the SIP revision should relevant adverse
comments be filed. This rule will be effective June 23, 2017 without
further notice unless the Agency receives relevant adverse comments by
May 24, 2017.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on June 23, 2017 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
General Permit to Limit Potential to Emit from Major Stationary
Sources, issuance date November 9, 2015, except for all provisions
related to greenhouse gases which Connecticut withdrew from
consideration as part of the SIP as described in the amendments to 40
CFR part 52 set forth below. The EPA has made, and will continue to
make, these materials generally available through www.regulations.gov,
and/or at the EPA Region 1 Office (please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section of this preamble for
more information).
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 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);
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).
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 June 23, 2017. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 10, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
0
2. Section 52.370 is amended by adding paragraph (c)(114) to read as
follows:
[[Page 18871]]
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(114) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on June
27, 2016 and August 18, 2016.
(i) Incorporation by reference.
(A) General Permit to Limit Potential to Emit from Major Stationary
Sources, issuance date November 9, 2015, except for the provisions
listed below, related to greenhouse gases which Connecticut withdrew
from consideration as part of the SIP.
(1) In Section 2, the definitions for ``Carbon Dioxide Equivalent
Emissions'' or ``CO2'', ``Greenhouse Gases'' or ``GHG'',
``Hydroflourocarbon'' or ``HFC'', and ``Perfluorocarbon'' or ``PFCs''
in paragraph (a);
(2) In Sections 4 and 5, the words ``excluding GHG which are
limited to less than 100% of Title V source threshold as defined in
section 22a-174-33(a)(10)(F)(iv) of the Regulations of Connecticut
State Agencies'' in paragraphs (4)(c)(2)(E)(i) and (ii), 4(c)(2)(J),
4(d)(1), and 4(g)(5)(A) and (B); and 5(a)(1) and (2);
(3) In Section 5, the words ``excluding GHG which are limited to
less than 100% of Title V source threshold'' in the introductory
paragraph;
(4) In Section 5, paragraphs 5(b)(2)(A)(vi) and 5(b)(2)(B)(i);
(5) In Section 5, the words ``and (vi)'' in paragraph
5(b)(2)(A)(vii); and
(6) In Section 5, the words ``other than GHG'' in paragraphs
5(b)(2)(B)(ii) and (iii).
[FR Doc. 2017-08109 Filed 4-21-17; 8:45 am]
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