[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Rules and Regulations]
[Pages 25516-25518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9964]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2007-0452; A-1-FRL-8562-9]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Interstate Transport of Pollution
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Connecticut. The SIP revision addresses the
provisions of the Clean Air Act that require each state to address
emissions that may adversely affect another state's air quality through
interstate transport. The Connecticut Department of Environmental
Protection has adequately addressed the four distinct elements related
to the impact of interstate transport of air pollutants. These include
prohibiting significant contribution to downwind nonattainment of the
National Ambient Air Quality Standards (NAAQS), interference with
maintenance of the NAAQS, interference with plans in another state to
prevent significant deterioration of air quality, and interference with
efforts of other states to protect visibility. This action is being
taken under the Clean Air Act.
DATES: Effective Date: This rule is effective on June 6, 2008.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2007-0452. All documents in the docket
are listed on the http://www.regulations.gov Web site. 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 either electronically
through http://www.regulations.gov or in hard copy at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100, 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
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Monday through Friday, 8:30 to 4:30, excluding legal holidays
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the Bureau of Air Management, Department of Environmental Protection,
State Office Building, 79 Elm Street, Hartford, CT 06106-1630.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA
02114-2023, telephone number (617) 918-1664, fax number (617) 918-0664,
e-mail [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. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On November 5, 2007 (72 FR 62420), EPA published a Notice of
Proposed Rulemaking (NPR) for the State of Connecticut. The NPR
proposed approval of Connecticut's Clean Air Act (CAA) section
110(a)(2)(D)(i) transport SIP that was submitted by the Connecticut
Department of Environmental Protection on March 13, 2007. Connecticut's
SIP submittal addresses the CAA section 110(a)(2)(D)(i) requirements
for the 1997 8-hour ozone and PM2.5 NAAQS. Section 110(a)(2)(D)(i) of
the CAA requires each state to submit a SIP that prohibits emissions
that could adversely affect another state. The SIP must prevent sources
in the state from emitting pollutants in amounts which will: (1)
Contribute significantly to downwind nonattainment of the NAAQS; (2)
interfere with maintenance of the NAAQS; (3) interfere with provisions
to prevent significant deterioration of air quality; and (4) interfere
with efforts to protect visibility. EPA issued guidance on August 15,
2006, relating to SIP submissions to meet the requirements of section
110(a)(2)(D)(i).\1\
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\1\ ``Guidance for State Implementation Plan (SIP) Submissions
to Meet Current Outstanding Obligations Under Section
110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient Air
Quality Standards,'' Memorandum from William T. Harnett, EPA OAQPS,
to EPA Regional Air Division Directors, August 15, 2006.
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As noted in the NPR, EPA has found that Connecticut has adequately
addressed the four distinct elements related to the impact of
interstate transport of air pollutants. The specific details of
Connecticut's transport SIP and the rationale for EPA's approval are
explained in the NPR and will not be restated here. No comments were
received on the NPR.
II. Final Action
EPA is approving Connecticut's March 13, 2007 Clean Air Act section
110(a)(2)(D)(i) transport SIP submittal for the 1997 8-hour ozone and
PM2.5 NAAQS as a revision to the Connecticut SIP. This SIP submittal
addresses the provisions of the Clean Air Act that require each state
to submit a SIP to address emissions that may adversely affect another
state's air quality through interstate transport. Connecticut has
adequately addressed the four distinct elements related to the impact
of interstate transport of air pollutants. These include prohibiting
significant contribution to downwind nonattainment of the NAAQS,
interference with maintenance of the NAAQS, interference with plans in
another state to prevent significant deterioration of air quality, and
interference with efforts of other states to protect visibility.
Therefore, EPA is approving Connecticut's SIP submittal as meeting the
Clean Air Act section 110(a)(2)(D)(i) requirements for the 1997 8-hour
ozone and PM2.5 NAAQS.
As a consequence of this approval, EPA is no longer obligated to
prepare a Federal Implementation Plan (FIP) for Connecticut for this
CAA requirement. The FIP was due on May 25, 2007, pursuant to a finding
of failure to submit issued by EPA on April 25, 2005 (70 FR 21147).
III. Statutory and Executive Order Reviews
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), because it 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 approves a state rule
implementing a Federal standard.
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. 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
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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 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. 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 July 7, 2008. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: April 22, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.
0
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
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2. Section 52.387 is added to read as follows:
Sec. 52.387 Interstate Transport for the 1997 8-hour ozone and PM2.5
NAAQS.
On March 13, 2007, the State of Connecticut submitted a State
Implementation Plan (SIP) revision addressing the Section
110(a)(2)(D)(i) interstate transport requirements of the Clean Air Act
for the 1997 8-hour ozone and PM2.5 National Ambient Air
Quality Standards (NAAQS). There are four distinct elements related to
the impact of interstate transport of air pollutants. These include
prohibiting significant contribution to downwind nonattainment of the
NAAQS, interference with maintenance of the NAAQS, interference with
plans in another state to prevent significant deterioration of air
quality, and interference with efforts of other states to protect
visibility. EPA has found that Connecticut's March 13, 2007 submittal
adequately addresses these four distinct elements and has approved the
submittal as meeting the requirements of Section 110(a)(2)(D)(i) for
the 1997 8-hour ozone and PM2.5 NAAQS.
[FR Doc. E8-9964 Filed 5-6-08; 8:45 am]
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