Air Plan Approval; Connecticut; Definitions of Emergency and Emergency Engine
| Published date | 15 March 2021 |
| Citation | 86 FR 14299 |
| Record Number | 2021-05164 |
| Section | Proposed rules |
| Court | Environmental Protection Agency |
Federal Register, Volume 86 Issue 48 (Monday, March 15, 2021)
[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Proposed Rules]
[Pages 14299-14300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05164]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0042; FRL-10021-29-Region 1]
Air Plan Approval; Connecticut; Definitions of Emergency and
Emergency Engine
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Connecticut on December 20, 2019. This revision amends the
State's definitions of ``emergency'' and ``emergency engine'' in its
air quality regulations. The intended effect of this action is to
propose approval of the December 20, 2019, submittal into the
Connecticut SIP. This action is being taken under the Clean Air Act.
DATES: Written comments must be received on or before April 14, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2021-0042 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the 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 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: John Creilson, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109, tel. (617) 918-
1688, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Connecticut's SIP Revision
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On December 20, 2019, the Connecticut Department of Energy and
Environmental Protection (DEEP) submitted a revision to its State
Implementation Plan (SIP) to add a recent amendment to Connecticut's
air quality regulations concerning the definitions of ``emergency'' and
``emergency engine,'' which became effective as state law on October 8,
2019.
Effective June 1, 2018, the Independent System Operator for New
England (ISO-NE) revised its Operating Procedure No. 4 to reflect
changes in how demand response generating units are compensated in the
energy markets. Since 2005, DEEP has referred to ISO-NE's Operating
Procedure No. 4 to describe certain circumstances under which an
electric generating unit is classified as an emergency unit within its
air quality regulations. Due to the ISO-NE's revisions, references to
Operating Procedure No. 4 in Connecticut's air quality regulations no
longer produce the desired result in classifying electric generating
units as emergency units for air quality purposes. Classification as an
emergency unit means that the unit can only operate during capacity
deficiencies (true reliability emergencies) and exempts the unit from
meeting certain air quality requirements. Retaining the existing
reference could create confusion in the regulated community and allow
an increase in emissions if an emission unit owner not entitled to an
emergency classification claimed emergency status to avoid expensive
pollution controls.
II. Connecticut's SIP Revision
On December 20, 2019, the Connecticut Department of Energy and
Environmental Protection (DEEP) submitted a SIP revision to EPA. The
SIP revision replaces two definitions within the previously approved
Regulations of Connecticut State Agencies (RCSA) Section 22a-174-22e,
Control of NOX Emissions from Fuel-burning Equipment at
Major Stationary Sources of NOX. The revision proposes to
add to the State's SIP a recent amendment to 22a-174-22e concerning the
definitions of ``emergency'' and ``emergency engine,'' which became
effective as a state requirement on October 8, 2019. On the whole, this
action will make Connecticut's definition of these terms consistent
with the revisions to ISO-NE Operating Procedure No. 4 to reflect
changes in how demand response generating units are compensated in the
energy markets and will have a beneficial effect on air quality by
reducing NOX emissions.
Specifically, this action adjusts the definitions of ``emergency''
and ``emergency engine'' in RCSA section 22a-174-22e(a) to remove
references to Operating Procedure No. 4 (OP-4). Additionally, two
compliance options
[[Page 14300]]
that rely on Operating Procedure No. 4 were removed from RCSA section
22a-174-22e(g). The compliance options removed had allowed, pursuant to
a now outdated version of ISO New England's OP-4, turbines or engines
that do not meet the NOX emissions limits of section 22a-
174-22e to be called upon to operate during times of an electrical
capacity deficiency. However, ISO New England has removed this
provision from its OP-4, making these provisions within Connecticut's
regulation obsolete. Removal of these provisions from the Connecticut
SIP is consistent with the anti-backsliding provision of section 110(l)
of the CAA because their removal strengthens the SIP by increasing the
emission reduction potential of the rule by removing provisions that
allowed certain high emitting equipment to operate during periods of an
electrical capacity deficiency.
III. Proposed Action
EPA is proposing to approve the revision to the definitions of
``emergency'' and ``emergency engine,'' and to also approve related
provisions in Connecticut's air pollution control regulations affected
by this change, as discussed in section II. Connecticut submitted this
SIP revision to EPA on December 20, 2019. 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.
IV. 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 Connecticut's revision to the definitions of ``emergency''
and ``emergency engine,'' and to also approve related provisions in
Connecticut's air pollution control regulations affected by this change
as discussed in section II. 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 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 Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone.
Dated: March 8, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-05164 Filed 3-12-21; 8:45 am]
BILLING CODE 6560-50-P
