Je veux savoir à propos de…

8576

Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS

22a17433a, facilities may commit to be limited to emissions less than 50%
of the title V operating permit program thresholds for a major source; or, alternatively, under RCSA section 22a 17433b, certain specified source categories may commit to be limited to emissions up to, but no more than, 80%
of the title V operating permit program thresholds for a major stationary source provided the owner or operator conducts the additional specified monitoring and any other additional requirements required by RCSA 22a 17433b for the relevant source category.
Connecticuts RCSA sections 22a 17433a and 22a17433b contain emissions limitations, requirements for the source to calculate actual emissions, recordkeeping requirements, and require subject sources to submit an annual compliance certification.
Additionally, as noted above, RCSA
section 22a17433b provides enhanced monitoring requirements for specific source categories at premises operating according to section 22a17433b which limits a sources potential and actual emissions up to, but to no more than, 80% of the title V operating permit program thresholds for a major source.
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, 1995.1 This guidance outlines various approaches to establishing federallyenforceable mechanisms to limit emissions from sources that wish to limit potential emissions to below major source levels. Connecticuts RCSA 22a 17433a and 22a17433b satisfy the criteria necessary for EPAs approval as a SIP revision under section 110 of the CAA. The regulations contain legally enforceable limitations on emissions that are also federally and practicably enforceable.
III. Evaluation Under Section 112 of the Clean Air Act The state of Connecticut has also requested approval of RCSA sections 22a17433a and 22a17433b under section 112l of the Act for the purpose of creating federally enforceable 1 See 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. https
www.epa.gov/sites/production/files/2015-07/
documents/ptememo.pdf.

VerDate Sep<11>2014

17:47 Feb 05, 2021

Jkt 253001

limitations on the potential to emit of HAPs. Approval under CAA section 112l is necessary because the SIP
approval discussed above, pursuant to section 110 of the Act, does not extend to HAPs. Approval pursuant to section 112l of the Act will render RCSA
sections 22a17433a and 22a17433b federally enforceable for sources of HAPs.
In order for EPA to approve Connecticuts RCSA sections 22a174
33a and 22a17433b for limiting the potential to emit of HAPs, the regulations must meet the statutory criteria for approval under section 112l5 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 112l of the CAA. A state must demonstrate that it has satisfied the general approval criteria contained in 40 CFR 63.91d.
The process of providing up-front approval assures that a state has met the criteria in section 112l5 of the CAA as codified in 40 CFR 63.91d.
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. To the extent that these have already been satisfied through a title V
program approval, a state need not resubmit information demonstrating that it meets the general approval criteria in 40 CFR 63.91d. Therefore, under 40 CFR 63.91d3, interim or final title V operating permit program approval satisfies the criteria set forth in 40 CFR 63.91d for up-front approval. On May 13, 2002, EPA
granted full approval of Connecticuts title V operating permit program. See 67
FR 31966. In addition, Connecticuts regulations contain legally and practicably enforceable restrictions on potential and actual emissions.
Accordingly, the EPA is proposing to approve RCSA sections 22a17433a and 22a17433b pursuant to 40 CFR
part 63, subpart E and section 112l of the Act because the program meets the applicable approval criteria in section 112l5 of the Act and 40 CFR 63.91.
IV. Proposed Action EPA is proposing to approve Connecticuts RCSA section 22a174
33a, Limit on Premises-wide Actual Emissions Below 50% of Title V
Thresholds, effective September 24, 2020, and RCSA section 22a17433b, Limit on Premises-wide Actual Emissions Below 80% of Title V

PO 00000

Frm 00017

Fmt 4702

Sfmt 4702

Thresholds, effective September 24, 2020, as a revision to the States SIP
with respect to criteria pollutants and is separately proposing to approve the regulations under section 112l of the Act with respect to HAPs. EPA is proposing to approve Connecticuts request in accordance with the requirements of sections 110 and 112 of the CAA.
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 this proposed rule by following the instructions 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 Connecticut regulations to limit premises-wide actual and potential emissions from major stationary sources of air pollution as discussed in section IV. of this preamble. 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.
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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, EPAs 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;
Is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866;

E:FRFM08FEP1.SGM

08FEP1