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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules 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 https www.epa.gov/dockets/
commenting-epa-dockets. 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 SquareSuite 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 Offices 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 COVID19.
FOR FURTHER INFORMATION CONTACT:
Susan Lancey, Air Permits, Toxics and Indoor Programs Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office SquareSuite 100, Mail code 052, Boston, MA
021093912, telephone 6179181656, email lancey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.
Table of Contents
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I. Background and Purpose II. Evaluation Under Section 110 of the Clean Air Act III. Evaluation Under Section 112 of the Clean Air Act IV. Proposed Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews
I. Background and Purpose In a letter dated October 26, 2020, the Connecticut Department of Energy and Environmental Protection DEEP
submitted a formal revision to its State Implementation Plan SIP. The SIP
revision consists of Regulations of Connecticut State Agencies RCSA
section 22a17433a, 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
Thresholds, effective September 24, 2020, as the regulations relate to criteria
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pollutants. The Connecticut regulations impose legally and practicably enforceable emissions limitations restricting eligible sources actual and potential emissions below major stationary source thresholds, if a source chooses to be covered by the regulations.
Federally-enforceable limits on criteria pollutants or their precursors e.g., VOCs or PM10 may have the incidental effect of limiting certain HAPs listed pursuant to section 112b of the Clean Air Act CAA or the Act.
As a legal matter, no additional program approval by the EPA is required beyond SIP approval under section 110 of the CAA 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.
In a letter dated December 21, 2020, Connecticut DEEP also requested that EPA approve RCSA sections 22a174
33a and 22a17433b under section 112l of the CAA, as the regulations relate to HAPs. As noted earlier, RCSA
sections 22a17433a and 22a17433b are designed to limit air pollutant emissions from major stationary sources to below major stationary source thresholds by including legally and practicably enforceable restrictions on potential and actual emissions.
On April 24, 2017 in the Federal Register, EPA approved Connecticuts General Permit to Limit Potential to Emit issued on November 9, 2015
GPLPE. See 82 FR 18868. The GPLPE
expired on November 8, 2020. The GPLPE was 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. Connecticut adopted new RCSA sections 22a17433a and 22a 17433b as a replacement program for the GPLPE, as opposed to a renewal of the GPLPE, in order to avoid a lapse in federal enforceability of the applicable requirements. Therefore, RCSA sections 22a17433a and 22a17433b are intended to replace the GPLPE as a means of limiting a sources potential to emit to below major stationary source thresholds.
EPAs review of this material indicates the regulations satisfy the criteria necessary for EPAs approval as a SIP revision under section 110 of the CAA and satisfy the criteria necessary to be approved under Section 112 of the CAA. EPA is proposing to approve the Connecticut SIP revision consisting of
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RCSA section 22a17433a, 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
Thresholds, effective September 24, 2020, under Section 110 of the CAA.
EPA is also separately proposing to approve RCSA section 22a17433a, 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
Thresholds, effective September 24, 2020, under Section 112 of the CAA.
II. Evaluation Under Section 110 of the Clean Air Act The State of Connecticuts principal purpose in issuing RCSA sections 22a 17433a and 22a17433b 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 RCSA sections 22a17433a and 22a 17433b may still need a title V
operating permit if EPA promulgates a National Emissions Standard for Hazardous Air Pollutants NESHAP or a New Source Performance Standard NSPS which require non-major sources to obtain a title V permit.
Connecticuts RCSA sections 22a 17433a and 22a17433b require the owner or operator committing to operate pursuant to the applicable regulation to submit a notification on forms prescribed by the Commissioner. The owner or operator is required to keep records that include, among other things, calculation of a sources actual emissions of regulated air pollutants and a detailed description of the methodology used to calculate those actual emissions. The methodology used by an eligible source must be selected from a preferential hierarchy of methodologies explicitly identified in the regulations. Under RCSA section
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