Statement By Uma Chowdhry, Global Vice President DuPont Central Research & Development Before The United States Environmental Protection Agency Public Meeting Enforceable Consent Agreement Development For Perfluorooctanoic Acid ( PFOA) and Fluorinated Telomers Friday, June 6, 2003 Good aflernoon. My name is Uma Chowdhry. I am the global vice president ofDuPont Central Research & Development. With me today are Mr. Richard Angiullo, vice president of DuPont Fluoroproducts and Dr. RobertRitchie, technical director for DuPont Chemical Solutions.

I would like to thank the Agency forproviding the opportunity for DuPont to comment on the Enforceable Consent Agreement development process for pefluorooctanoic acid ( PFOA). I would note that in addition to my statement, DuPont also responded to your request for written comments and submitted those to you for consideration on May 16 th°

We recognize that therehave been many questions raised by EPA and others about the potential risks associated with exposure to PFOA. And, as a science company, DuPont is fully conm iitted to work with industry to address those questions; to investigate both past and current potential sources of PFOA exposure; to further reduce exposure pathways; and to provide information needed to allow for the development of an accurate, science based assessment of any risks posed by PFOA.

Our knowledge ofthe compound is extensive and we are more than willing to continue to share that knowledge with the agency and the public throughout theECA development process. And, we will of course cooperate with its final conclusions.

DuPont is a company with a 200 year heritage based on core values of safety, health and environmental stewardship; high ethical standards; and a commitment to treat all people with respect. These core values are foremost in everything that we do as a company. Consistent with these values, we very much respect the rights and desires of consumers around the world to know that the products they purchase, use and rely on are safe.

Throughout our history, safety has been our first priority of business. We are passionate about the safety of our operations and products.

In more than 50 years of use by DuPont and others, there have beenno known adverse human health effects associated withPFOA. Extensive scientific studies indicate that current PFOA exposure does not present a risk to humans or the environment.

There are more than 100 laboratory and employee health studies on PFOA, many of which have been peer reviewed andpublished in the open literature. These studies support our 2 conclusion that PFOA does not pose a risk to humans. This is especiallyimportant given the potential for higher levels of exposure to PFOA that may result in an occupational setting.

We believe, and are confident, that PFOA poses no danger to the public at current levels.

PFOA is a biopersistent compound. It does not bioaccumulate in the environment or animals. PFOA is not a genotoxin and, while it may cause cancer in laboratory animals, it is not believed to be a human carcinogen. Based on the scientific data available to us, DuPont does not consider PFOA to be a developmental toxin.

The ECA regulatory process should be based on high quality, credible scientific data, and should include a complete characterization of all past and current PFOA exposure routes. We are confident that the outcome of this more comprehensive process will support our position that the compounds and products involved are safe for their intended uses.

In 2002, DuPont began manufacturing PFOA in the U. S. after 3M, our domestic supplier, discontinued production. Today, our state of the art manufacturing facility employs emissions control technologythat reduces PFOA emissions by more than 99 percent compared to emissions from previously used PFOA manufacturing technologies. This is a distinction that we are truly proud of and have openly shared our newly developed technology on emissions reductions throughout the industry.

Testing is conducted to ensure that DuPont products that use PFOA in their manufacture are safe for their intended uses, whether they are sold to consumers or to business to business customers who fabricate or use our products as ingredients in their products.

On April 14 of this year, your agency concluded that " EPA does not believe there is any reason for consumers to stop using any consumer or industrial products" containing fluoropolymers or telomers as ingredients, because of questions about PFOA.

DuPont agrees and supports the EPA position.

Lastly, I would like to reaffirm that DuPont is fully supportive ofthe Agency's leadership to conduct a scientifically sound risk assessment for PFOA and we are fully supportive ofthe Agency's decision to convene a Scientific Advisory Board to review and comment on the agency's risk assessment.

We believe that EPA's process may lead to regulation that will assure the protection of the public's health and safety while allowing the continued use ofPFOA and the benefits it brings to society.

We remain confident that society is not being exposed to healthor environmental risks from potential exposure to PFOA. We will work with the Agency to provide any information we can to assist with your investigation.

Thank you.


[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Proposed Rules]
[Pages 10748-10750]
[FR Doc No: 2019-05415]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0802; FRL-9991-28-OAR]

Air Plan Approval; California; Antelope Valley Air Quality
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Antelope Valley Air Quality Management
District (AVAQMD) portion of the California State Implementation Plan
(SIP). This revision concerns emissions of volatile organic compounds
(VOCs) from solvent cleaning operations. We are proposing to approve a
local rule to regulate these emission sources under the Clean Air Act
(CAA or the Act). We are taking comments on this proposal and plan to
follow with a final action.

DATES: Any comments must arrive by April 22, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0802 at http://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. 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 http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Robert Schwartz, EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rule
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Local agency                  Rule No.            Rule title            Amended         Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD..............................            1171   Solvent Cleaning              8/21/2018       10/30/2018
                                                        Operations.
----------------------------------------------------------------------------------------------------------------

    On November 28, 2018, the EPA determined that the submittal for
AVAQMD Rule 1171 met the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    We approved an earlier version of Rule 1171 into the SIP on May 24,
2001 (66 FR 28666). The AVAQMD adopted revisions to the SIP-approved
version on August 21, 2018, and CARB submitted them to us on October
30, 2018.

C. What is the purpose of the rule revision?

    Volatile organic compounds (VOCs) contribute to ground-level ozone,
smog and particulate matter (PM), which harm human health and the
environment. Section 110(a) of the CAA requires states to submit
regulations that control VOC emissions. The current SIP-approved Rule
1171 establishes VOC content limits and workplace standards for all
persons who use, store, and dispose of VOC-containing materials in
solvent cleaning operations. Revisions to the SIP-approved rule include
lower VOC content limits for most categories of solvent cleaning
activities and the addition of alternative VOC composite partial
pressure limits for all solvent cleaning activities covered by this
rule; updates to definitions; the addition of more comprehensive
recordkeeping requirements; revised test methods; and the removal of
several exemptions.
    Additionally, on October 10, 2017 (82 FR 46923), the EPA partially
conditionally approved AVAQMD's reasonably available control technology
(RACT) demonstrations for the 1997 8-hr ozone National Ambient Air
Quality Standards (NAAQS) and the 2008 8-hr ozone NAAQS (also referred
to as the 2006 and 2015 RACT SIPs) with respect to Rule 1171, based on
commitments from AVAQMD to revise and submit amendments to Rule 1171
that remedy specific deficiencies. These deficiencies were identified
in our December 15, 2016 proposed partial approval and partial
disapproval (81 FR 90754) and referenced in our July 28, 2017 proposal
(82 FR 35149). For Rule 1171, the deficiency identified was the need to
incorporate work practices from the Control Techniques Guidelines,
``Industrial Cleaning Solvents,'' September 2006. Revisions to Rule
1171 on October 30, 2018, were submitted in part to correct this
deficiency. The EPA's technical support document (TSD) has more
information about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
    Generally, SIP rules must require RACT for each category of sources
covered by a Control Techniques Guidelines (CTG) document as well as
each major source of VOCs in ozone nonattainment areas classified as
Moderate or above (see CAA section 182(b)(2)). The AVAQMD regulates an
ozone nonattainment area classified as Severe for the 1997 and 2008 8-
hour ozone NAAQS (40 CFR 81.305). Therefore, this rule must implement
RACT. In addition, the rule was evaluated to ensure it met the
commitment made by the AVAQMD that served as the basis for the partial
conditional approval of the AVAQMD 2006 and 2015 RACT SIPs with respect
to Rule 1171 (82 FR 46923).
    Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Control Techniques Guidelines: Industrial Cleaning Solvents,''
EPA-453/R-06-001, September 2006.

B. Does the rule meet the evaluation criteria?

    This rule is consistent with CAA requirements and relevant guidance
regarding enforceability, RACT, and SIP revisions, and meets the
District's commitment to remedy the Rule 1171 deficiency identified in
the RACT SIP conditional approval (82 FR 46923). The TSD has more
information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until April 22, 2019. If we take final action to approve the submitted
rule, our final action will incorporate this rule into the federally
enforceable SIP.

III. 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 AVAQMD rule described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

IV. 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve 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 an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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 the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, 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 the 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, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 11, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-05415 Filed 3-21-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21576-21579]
[FR Doc No: 2023-07331]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2023-0189; FRL-10876-01-R1]

Air Plan Approval; Connecticut; New Source Review Permit Program
State Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Connecticut State

Implementation Plan (SIP) concerning its New Source Review (NSR) permit
program. The Connecticut Department of Energy and Environmental
Protection (CT DEEP) submitted these revisions on December 15, 2020, as
well as a supplemental letter on February 14, 2023. The revised state
plan incorporates various updates to CT DEEP's NSR procedural
requirements, substantive review criteria, provisions related to the
control of volatile organic compounds (VOC), and clarifying revisions
to existing SIP-approved regulations.

DATES: Written comments must be received on or before May 11, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2023-0189 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: Jessica Kilpatrick, Air Permits,
Toxics, and Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Mail
Code: 5-MI, Boston, MA 02109-0287. Telephone:<PHONE_NUMBER>. Fax: 617-
918-0652 Email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background
II. Review of NSR Program Updates
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    CT DEEP established its SIP, including its NSR permit program, in
1972 in accordance with Clean Air Act (CAA) section 110 and 40 CFR part
51. Since then, there have been numerous revisions to the SIP in
compliance with state and federal air permitting regulations. On
December 15, 2020, CT DEEP submitted a SIP amendment to its NSR
permitting air quality regulations, Regulations of Connecticut State
Agencies (RCSA) 22a-174-1, 22a-174-2a, 22a-174-3a, 22a-174-20, and 22a-
174-26, which became effective on November 18, 2020. After initial
review of these SIP revisions, EPA requested clarification of the exact
regulatory text CT DEEP proposed to incorporate into its SIP. As a
result, CT DEEP provided a supplemental clarification letter on
February 14, 2023.

II. Review of NSR Program Updates

    CT DEEP's revisions includes various changes to the NSR permit
program. There are multiple corrections and updates to citations within
the RCSA and Connecticut General Statutes (CGS) as well as some
grammatical edits and clarifying language that do not substantively
change the meaning of the regulations. Significant changes are outlined
in the paragraphs below.
    The RCSA 22a-174-2a revisions pertain to procedural requirements
for NSR permitting. One of these revisions at RCSA 22a-174-2a(d)(9)
clarifies the requirements that apply when the commissioner modifies an
NSR permit. The provision requires public notice as well as opportunity
for public comment and public hearing before granting, granting with
conditions, or denying the permit.
    Another revision at RCSA 22a-174-2a(e)(3)(C) alters the timeline
requirements of the minor permit modification \1\ process after an
application is submitted, so that there is an exception for
implementing the modifications not less than 21 days after filing an
application. If the commissioner notifies the applicant during that
period, the commissioner can define when the modification can be
implemented. If 21 days have passed since filing a complete application
and the commissioner has not notified the permittee, the permittee
shall comply with the terms and conditions of the proposed modified
permit and the terms and conditions of the existing permit that are not
being modified, until the commissioner issues or denies the proposed
modified permit.
---------------------------------------------------------------------------

    \1\ Connecticut's minor NSR permit modification provisions apply
to changes to a permit that are required for the permittee to
lawfully engage in any of the activities or proposed activities at a
stationary source as identified, which would not otherwise be
permitted under state's substantive review program at 22a-174-3a,
where a 15 tons per year increase threshold for Regulated NSR
pollutants review exists.
---------------------------------------------------------------------------

    RCSA 22a-174-2a(e)(3) was revised to require a minor permit
notification for a permit issued pursuant to RCSA 22a-174-3a or former
RCSA 22a-174-3 to include the demonstrations required by RCSA 22a-174-
3a(d)(3)(B) and (C). RCSA 22a-174-2a(e) clarifies that the commissioner
may modify a NSR permit in accordance with RCSA 22a-174-2a, RCSA 22a-
174-3a, and CGS 22a-174c. The revision to RCSA 22a-174-2a(f)(2)
requires a permittee of any stationary source for which the
commissioner has issued a permit pursuant to RCSA 22a-174-3a or former
RCSA 22a-174-3 to submit a written request for a permit revision, for
the purpose of implementing a fuel conversion described in section RCSA
22a-174-3a(a)(2)(A)(iii), (iv), or (v). Other purposes established
previously include correcting clerical errors, minor administrative
changes, revising the name of the authorized representative of the
permittee, and more frequent or additional monitoring, record keeping,
or reporting.
    The revisions to RCSA 22a-174-3a pertain to permitting for
constructing and operating stationary sources. Permit exemption
criteria are modified at 22a-174-3a(a)(2)(A)(ii)-(v), so that there is
a new subclause (v) that exempts any activity that ``constitutes a
conversion from fuel oil to liquefied petroleum gas, or in addition to
fuel oil, provided such conversion does not increase actual emissions
of any individual air pollutant by fifteen (15) tons or more per year,
unless such conversion results in reconstruction'' from requiring a
permit to construct or operate a

stationary source or modification. RCSA 22a-174-3a(a)(5) is updated to
confirm that any modification or revision to a permit issued in
accordance with the section or former RCSA 22a-174-3 shall be made as
required in, and in accordance with, the provisions in the section and
section 22a-174-2a of the RCSA.
    RCSA 22a-174-3a(d)(3)(B) and (C) modify demonstration requirements
before issuance of a permit or permit modification. RCSA 22a-174-
3a(d)(3)(B) is modified in regard to demonstration requirements for
attainment or maintenance of applicable ambient air quality standards
or Prevention of Significant Deterioration (PSD) increments. The
revision specifies that such demonstration shall be made with respect
to any applicable ambient air quality standard or increment in effect
at the time the application is submitted: (i) when emissions of the
pollutant or a precursor to the pollutant subject to the applicable
ambient air quality standard or increment will increase as a result of
the construction and operation, or (ii) when any parameter is changed
in a manner that may increase the ambient impact. RCSA 22a-174-
3a(d)(3)(C) is modified in regard to demonstration requirements for
attainment or maintenance of any other states' National Ambient Air
Quality Standards (NAAQS) and SIP application requirements. The
revision specifies that such demonstration shall be made with respect
to any applicable ambient air quality standard or increment in effect
at the time the application is submitted: (i) when emissions of the
pollutant or a precursor to the pollutant subject to the applicable
ambient air quality standard or increment will increase as a result of
the construction and operation, or (ii) when any parameter is changed
in a manner that may increase the ambient impact.
    A revision to RCSA 22a-174-3a(i)(2) specifies that the air quality
models, databases, and other techniques used for estimating ambient air
quality impacts must also be approved by the EPA Administrator, not
just by CT DEEP commissioner.\2\ With this revision, Connecticut's SIP
will provide for the performance of such air quality modeling as the
EPA Administrator has prescribed and will therefore comply with CAA
Sec.  110(a)(2)(K). As a result, EPA proposes to convert the
conditional approvals, which EPA previously issued for CAA section
110(a)(2)(K) and for the PSD-related requirements of sections
110(a)(2)(D)(i)(II), 110(a)(2)(C), and 110(a)(2)(J) for Connecticut's
infrastructure SIP for the 2015 ozone NAAQS, 85 FR 50953 (Aug. 19,
2020), to full approvals.
---------------------------------------------------------------------------

    \2\ The EPA Administrator's approved air quality models,
databases, and other requirements are found at EPA's 40 CFR part 51,
Appendix W, Guideline on Air Quality Models.
---------------------------------------------------------------------------

    RCSA 22a-174-3a(j)(8)(A) adds Best Available Control Technology
(BACT) restrictions to emissions of any pollutant which would exceed:
(ii) any applicable State Implementation Plan limitation or (iii) an
emission limitation established in section 22a-174-22e of the RCSA for
the applicable category of fuel burning equipment, regardless of
whether the equipment is located at a source that is major for nitrogen
oxides (NOX). CT DEEP reserves RCSA 22a-174-3a(k)(3), which
exempts a major stationary source or major modification with potential
emissions of NOX of more than twenty-five (25) tons but less
than forty (40) tons per year from PSD attainment area permit
requirements.
    A variety of changes are made to RCSA 22a-174-3a(l)(1), which
establishes permit requirements for nonattainment areas. These changes
include applicability to any new major stationary source of the
pollutants for which the area is designated as nonattainment, or of the
precursors to such pollutants. There are also updates to applicability
to any major modification that is or will be located at a major
stationary source of the pollutant for which the area is designated as
nonattainment and that results in a significant net emissions increase
of the pollutant for which the area is designated as nonattainment, or
results in a significant net emissions increase of a precursor to the
pollutant for which the area is designated nonattainment. A new RCSA
22a-174-3a(l)(1)(D) defines applicable precursor pollutants to the
subsection: VOC compounds are precursors to ozone, NOX are
precursors to ozone and PM2.5, and sulfur dioxide is a
precursor to PM2.5.
    RCSA 22a-174-20(gg), which regulates control of VOC emissions from
offset lithographic printing and letterpress printing, has a new
subdivision for exemption criteria for fountain solutions at RCSA 22a-
174-20(gg)(3)(A) and cleaning solvents at RCSA 22a-174-20(gg)(5)(A) and
(B). Exemption criteria are specifically applicable to an owner or
operator of a heatset web offset lithographic or heatset letterpress
printing press that operates VOC pollution control equipment in
accordance with RCSA 22a-174-20(gg)(4). These exemptions are subject to
the contingency that the emissions from the use of cleaning solvents
and fountain solution are vented to an air pollution control system
that is operated when VOC-containing materials are used.
    EPA reviewed these SIP revisions for consistency with the CAA. We
determined that CT DEEP's implementation and enforcement provisions are
at least as stringent as the Federal regulations applicable to NSR
permitting at 40 CFR part 51 and 52. The specific changes proposed to
be made to the SIP and EPA's rationale for approval are included in a
technical support document included in this docket of this action.

III. Proposed Action

    EPA is proposing to approve CT DEEP's revised state plan for its
NSR permit program. EPA is also proposing to convert several
conditional approvals, which EPA previously issued for Connecticut's
Infrastructure State Implementation Plan for the 2015 ozone standard,
to full approvals. 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 the provisions regulating NSR permitting discussed in Section
II. of this preamble and as specified in CT DEEP's letter dated
February 14, 2023. 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. See 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, Carbon oxides,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: April 3, 2023.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2023-07331 Filed 4-10-23; 8:45 am]
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