[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Rules and Regulations]
[Pages 68472-68474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22527]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0255; FRL-10013-47-Region 1]
Air Plan Approval; Connecticut; Control of Particulate Matter and
Visible Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of
Connecticut. This revision amends a Connecticut air-quality regulation
for controlling particulate matter (PM) and visible emissions. The
intended effect of this action is to define the process industries and
activities to which this regulation applies, and to make technical
corrections to an emission-rate calculation method. This action is
being taken in accordance with the Clean Air Act.
DATES: This rule is effective on November 30, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0255. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
[[Page 68473]]
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617)
918-1684, email simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On June 29th, 2020 (85 FR 38830), EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of Connecticut. The NPRM
proposed approval of amendments to Regulations of Connecticut State
Agencies (RCSA) section 22a-174-18, Control of particulate matter (PM)
and visible emissions. The formal SIP revision was submitted by
Connecticut on October 19, 2018. The revision consists of amendments to
subsections (c), (f), and (j) to define the process industries and
activities to which this regulation applies, to make technical
corrections to an emission-rate calculation method, and to make minor,
non-substantive modifications in regulatory language. The rationale for
EPA's proposed action is given in the NPRM and will not be restated
here.
II. Response to Comments
EPA received three comments during the comment period. The comments
we received discuss subjects outside the scope of the action on this
Connecticut air-quality regulation, do not explain (or provide a legal
basis for) how the proposed action should differ in any way, and,
indeed, make no specific mention of the proposed action. Consequently,
the received comments are not germane to this rulemaking and require no
further response.
III. Final Action
EPA is approving, and incorporating into the Connecticut SIP, the
revisions to subsections (c), (f), and (j) of RCSA section 22a-174-18,
Control of Particulate Matter and Visible Emissions, effective on
August 3, 2018, submitted to EPA on October 19, 2018.
IV. 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 incorporation by reference into the
Connecticut SIP the Connecticut regulation referenced in Section III
above. The EPA has made, and will continue to make, these documents
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.
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);
Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866;
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 December 28, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
[[Page 68474]]
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: September 30, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
0
2. Section 52.370 is amended by adding paragraph (c)(124) to read as
follows:
Sec. 52.370 Identification of plan
* * * * *
(c) * * *
(124) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
October 19, 2018.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies Section 22a-174-18,
entitled ``Control of Particulate Matter and Visible Emissions,'' as
amended August 3, 2018, as follows:
(1) 22a-174-18(c) Control of airborne particulate matter and
fugitive particulate matter;
(2) 22a-174-18(f) Process industries--general; and
(3) 22a-174-18(j)(1).
(B) [Reserved].
(ii) [Reserved]
0
3. In Sec. 52.385, Table 52.385 is amended by revising the entry in
state citations for ``22a-174-18'' 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 Date Register Section Comments/
citation adopted by approved by citation 52.370 description
state EPA
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* * * * * * *
22a-174-18........... Control of 8/3/2018 10/29/2020 [Insert Federal (c)(124) Approval of
Particulate Register revisions to
Matter and citation]. subsections
Visible (c), (f), and
Emissions. (j).
* * * * * * *
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[FR Doc. 2020-22527 Filed 10-28-20; 8:45 am]
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