[Federal Register: February 27, 2003 (Volume 68, Number 39)]
[Rules and Regulations]
[Page 9009-9012]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe03-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CT-068-7225a; A-1-FRL-7445-9]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; New Source Review/Prevention of Significant Deterioration
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revisions
submitted by the Connecticut Department of Environmental Protection
(DEP). The revisions include new provisions that implement the core
requirements of 1990 Clean Air Act Amendments (CAAA) regarding
nonattainment New Source Review (NSR) in areas that have not attained
the National Ambient Air Quality Standards (NAAQS). In addition, the
changes amend the applicability requirements and certain other
requirements of the Prevention of Significant Protection (PSD) program
and NSR rules. Finally, the changes provide a definition for
``Practicably Enforceable'' that would allow sources a streamlined
approach to limit potential to emit for PSD/NSR applicability purposes.
In aggregate, these revisions will substantially strengthen the DEP's
air permitting rules.
This action is to approve the revisions to section 22a-174-1,
``Definitions,'' section 22a-174-2a, ``Procedural Requirements for New
Source Review and Title V Permitting,'' and section 22a-174-3a,
``Permit to Construct and Operate Stationary Sources.'' This action is
being taken in accordance with the Clean Air Act (CAA or Act).
DATES: This rule will become effective on March 31, 2003.
ADDRESSES: Copies of the documents relevant to this action are
available for inspection during normal business
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hours at the Office of Ecosystem Protection, U.S. Environmental
Protection Agency, Region I, One Congress Street, 11th floor, Boston,
MA; Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-108 West, 1301 Constitution Avenue, NW.,
Washington DC; and the Bureau of Air Management, Department of
Environmental Protection, State Office Building, 79 Elm Street,
Hartford, CT 06106-1630.
FOR FURTHER INFORMATION CONTACT: Brendan McCahill, (617) 918-1652; e-
mail at McCahill.Brendan@EPA.GOV.
SUPPLEMENTARY INFORMATION:
I. Background
On January 21, 2003 (68 FR 2722), EPA published a notice of
proposed rulemaking (NPR) for the state of Connecticut. The NPR
proposes approval of the revisions to section 22a-174-1,
``Definitions,'' section 22a-174-2a, ``Procedural Requirements for New
Source Review and Title V Permitting,'' and section 22a-174-3a,
``Permit to Construct and Operate Stationary Sources.'' The formal SIP
revision was submitted on June 14, 2002.
Provisions in these rules that only affect programs other that PSD
and NSR have not been incorporated into the SIP by today's action. For
details, please contact the EPA regional office at the address given
above. Furthermore, EPA is not taking action on portions of DEP's
submittal that address NOX increments. This aspect of the
PSD Federal implementation plan remains in effect (see 40 CFR 52.382).
The DEP has submitted other changes to the increment provisions of its
SIP. EPA anticipates taking action on the NOX increments and
these other changes in a future action.
EPA has recently promulgated revisions to certain portions of the
Federal PSD and nonattainment NSR regulations (67 FR 80244 (Dec. 31,
2002). These rules have an effective date of March 3, 2003. With
respect to Connecticut's rules relating to new source review, EPA has
determined that Connecticut's rules meet the requirements of 40 CFR
part 51, subpart I, as currently in effect, and is taking no position
on whether Connecticut will need to make changes to its new source
review rules to meet requirements that EPA has promulgated, but are not
yet effective, as part of new source review reform.
In addition, while EPA is approving Connecticut's PSD SIP, EPA
recognizes that it has a responsibility to insure that all States
properly implement their preconstruction permitting programs. EPA's
approval of Connecticut's PSD program does not divest the Agency of the
duty to continue appropriate oversight to insure that PSD
determinations made by Connecticut are consistent with the requirements
of the CAA, EPA regulations, and the SIP. EPA's authority to oversee
PSD program implementation is set forth in sections 113, 167, and
505(b) of the Act. For example, section 167 provides that EPA shall
issue administrative orders, initiate civil actions, or take whatever
other enforcement action may be necessary to prevent construction of a
major stationary source that does not ``conform to the requirements
of'' the PSD program. Similarly, section 113(a)(5) provides for
administrative orders and civil actions whenever EPA finds that a State
``is not acting in compliance with'' any requirement or prohibition of
the Act regarding construction of new or modified sources. Likewise,
section 113(a)(1) provides for a range of enforcement remedies whenever
EPA finds that a person is in violation of an applicable implementation
plan.
The specific requirements of Connecticut's SIP revision and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here.
II. Response to Comments
EPA did not receive any comments during the comment period.
III. Final Action
EPA is approving the SIP revision submitted by Connecticut on June
14, 2002 as a revision to the SIP.
IV. Regulatory Assessment Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a State rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 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
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and to the Comptroller General of the United States. EPA will submit a
report containing this rule 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. section 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 April 28, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, and Volatile organic compounds.
Dated: February 19, 2003.
Robert W. Varney,
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]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
2. Section 52.370 is amended by adding paragraph (c)(91) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(91) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on June 14, 2002.
(i) Incorporation by reference.
(A) Connecticut's amendments to Section 22a-174-1, Definitions
except for the following sections: (4), (18), (20), (29), (44), (45),
(60), (111), (112) and, (117). These regulations are effective in the
state of Connecticut on March 15, 2002.
(B) Connecticut's new Section 22a-174-2a, Procedural Requirements
for New Source Review and Title V Permitting except for the following
sections: (a)(1) through (6); (b)(1) through (4); introduction to
(b)(5); (b)(5)(D), (F) and, the last sentence of (G); (b)(9); (c)(2);
clause after first comma `` * * * or order pursuant to section 22a-174-
33(d) of regulations of Connecticut State Agency * * * '' in the
introduction to (c)(6); (c)(6)(B) and (C); clause after first comma ``
* * * or order pursuant to section 22a-174-33(d) of Regulations of
Connecticut State Agencies * * * '' in (c)(9); reference to ``Title V''
in title of (d); (d)(4)(A) through (D); (d)(7)(A) through (D);
(d)(8)(A) and (B); reference to ``Title V'' in title of (e); (e)(2)(A)
and (B); (e)(3)(D); (e)(5)(A) through (F); reference to ``Title V
permit'' in (e)(6); reference to ``22a-174-33'' in first clause of
introduction to (f)(2); (f)(2)(F); (f)(5); (f)(6); (g)(1) and (2);
(h)(1) through (3) and; (i)(1) through (3). These regulations are
effective in the state of Connecticut on March 15, 2002.
(C) Connecticut's new Section 22a-174-3a, Permit to Construct and
Operate Stationary Sources except for the following sections:
(a)(1)(C); (c)(1)(H); (d)(3)(J) and (M); references to ``Dioxin,''
``PCDDs'' and, ``PCDFs'' in Table 3a(i)-1 of (i)(1) and; (m)(1) through
(8). These regulations are effective in the state of Connecticut on
March 15, 2002.
(ii) Additional materials.
(A) Letter from the Connecticut Department of Environmental
Protection dated June 14, 2002 submitting a revision to the Connecticut
State Implementation Plan.
For the State of Connecticut:
3. In Sec. 52.385, Table 52.385 is amended by revising existing
entry in state citations for 22a-174-1, Definitions, and adding new
entries in state citation for 22a-174-2a, Procedural Requirements for
New Source Review and Title V Permitting and, 22a-174-3a, Permit to
Construct and Operate Stationary Sources, to read as follows:
Sec. 52.385 EPA-approved Connecticut Regulations.
* * * * *
Table 52.385.--EPA-Approved Regulations
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Dates
----------------------------- Federal
Connecticut State Title/subject Date Register 52.370 Explanations/
citation adopted by Date approved citation description
State by EPA
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* * * * * * *
22a-174-1............. Definitions.... 03/15/02 February 27, [Insert FR ........ Adopting
2003.. citation from definitions
published applicable to
date]. PSD/NSR
program.
* * * * * * *
22a-174-2a............ Procedural 03/15/02 February 27, [Insert FR ........ Provisions
Requirements 2003.. citation from applicable to
for New Source published PSD/NSR in
Review and date]. consolidated
Title V permit
Permitting. procedural
requirements.
* * * * * * *
22a-174-3a............ Permit to 03/15/02 February 27, [Insert FR ........ PSD/NSR program
Construct and 2003.. citation from requirements
Operate published as revised by
Stationary date]. the CAAA.
Sources.
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[FR Doc. 03-4508 Filed 2-26-03; 8:45 am]
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