[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Proposed Rules]
[Pages 27161-27165]
[FR Doc No: 2013-10929]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0117; A-1-FRL-9810-1]

Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Ozone Attainment Demonstrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve the ozone attainment
demonstrations (including the reasonably available control measures
(RACM) analyses) submitted by Connecticut as a State Implementation
Plan (SIP) revision on February 1, 2008 to meet Clean Air Act
requirements for attaining the 1997 8-hour ozone national ambient air
quality standard. EPA is proposing to approve Connecticut's
demonstrations of attainment of the 1997 8-hour ozone standard for
Connecticut's portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT 1997 moderate ozone nonattainment area and for the Greater
Connecticut moderate ozone nonattainment area. EPA is also proposing to
approve the RACM analyses for these same areas.

DATES: Written comments must be received on or before June 10, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2008-0117 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0117,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2),
Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, Suite 100, Boston, MA 02109-3912. Such deliveries
are only accepted during the Regional Office's normal hours of
operation. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2008-0117. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an

``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. 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 in www.regulations.gov or
in hard copy at Air Quality Planning Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, 11th floor, (CAQ), Boston, MA
02114-2023. EPA requests that if at all possible, you contact the
person 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 to 4:30, excluding legal
holidays.
    In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency: the Bureau of Air Management, Department of Energy
and 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, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  Throughout this document, wherever
``Agency,'' ``we,'' ``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. What Actions is EPA Proposing?
II. What is the Background for EPA's Proposed Actions?
    A. History of Connecticut's Ozone Attainment Demonstrations
    B. Moderate Nonattainment Area Requirements
    C. Why is EPA Proposing these Actions?
III. What was included in Connecticut's SIP Submittal?
IV. What is EPA's Basis for Proposing to Approve the Attainment
Demonstrations?
    A. Adequacy of Control Strategy
B. Components of the Modeled Attainment Demonstrations
    C. Air Quality Data
    D. EPA's Evaluation
V. Proposed Actions
VI. Statutory and Executive Order Reviews

I. What actions is EPA proposing?

    EPA is proposing to approve Connecticut's February 1, 2008 SIP
revision which demonstrates attainment of the 1997 8-hour ozone
national ambient air quality standard (NAAQS or standard) \1\ for
Connecticut's portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT moderate ozone nonattainment area (also called the New York
City area) and for the Greater Connecticut moderate ozone nonattainment
area. EPA is also proposing to approve the associated RACM analyses for
these same areas. The EPA is proposing to approve Connecticut's 1997 8-
hour ozone attainment demonstrations and RACM analyses, because the EPA
has determined that both the New York City and Greater Connecticut
moderate ozone nonattainment areas attained the 1997 8-hour ozone NAAQS
by their attainment deadline.
---------------------------------------------------------------------------

    \1\ Unless otherwise specifically noted in this action,
references to the 8-hour ozone standard are to the 0.08 parts per
million (ppm) ozone standard promulgated in 1997.
---------------------------------------------------------------------------

II. What is the background for EPA's proposed actions?

A. History of Connecticut Ozone Attainment Demonstrations.

    In 1997, EPA revised the health-based NAAQS for ozone, setting it
at 0.08 ppm averaged over an 8-hour time frame. EPA set the 8-hour
ozone standard based on scientific evidence demonstrating that ozone
causes adverse health effects at lower ozone concentrations and over
longer periods of time than was understood when the pre-existing 1-hour
ozone standard was set. EPA determined that the 8-hour standard would
be more protective of human health, especially with regard to children
and adults who are active outdoors, and individuals with a pre-existing
respiratory disease, such as asthma.
    On April 30, 2004 (69 FR 23858), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to
the 8-hour ozone standard. These actions became effective on June 15,
2004. Among those nonattainment areas is the New York City area. The
New York City moderate ozone nonattainment area is composed of: Bergen,
Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic,
Somerset, Sussex, Union, and Warren Counties in New Jersey; Bronx,
Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and
Westchester Counties in New York; and Fairfield, Middlesex, and New
Haven Counties in Connecticut. See 40 CFR 81.307, 81.331, and 81.333.
In addition, the remaining five counties in Connecticut were also
designated nonattainment, as the Greater Connecticut moderate ozone
nonattainment area. See 40 CFR 81.307.
    Also, on April 30, 2004 (69 FR 23951), EPA promulgated the Phase 1
8-hour ozone implementation rule which provided how areas designated
nonattainment for the 1997 8-hour ozone standard would be classified.
These designations triggered the Clean Air Act (CAA or Act)
requirements under section 182(b) for moderate nonattainment areas,
including a requirement to submit an attainment demonstration. EPA's
Phase 2 8-hour ozone implementation rule, published on November 29,
2005 (70 FR 71612) (Phase 2 Rule) specifies that states must submit
attainment demonstrations for their nonattainment areas to the EPA by
no later than three years from the effective date of designation, that
is, by June 15, 2007. 40 CFR 51.908(a).
    Although the focus of this proposed action is on attainment
demonstrations and RACM analyses for the 1997 8-hour ozone standard, we
note that EPA has subsequently revised the ozone standard. On March 12,
2008, EPA revised both the primary and secondary NAAQS for ozone to a
level of 0.075 ppm (annual fourth-highest daily maximum 8-hour average
concentration, averaged over 3 years) to provide increased protection
of public health

and the environment.\2\ The 2008 ozone NAAQS retain the same general
form and averaging time as the 0.08 ppm NAAQS set in 1997, but are set
at a more protective level. State emission reduction efforts already
underway to meet the 1997 8-hour ozone standard will continue with
implementation of the 2008 ozone NAAQS.
---------------------------------------------------------------------------

    \2\ See 73 FR 16436; March 27, 2008. For a detailed explanation
of the calculation of the 3-year 8-hour average, see 40 CFR part 50,
Appendix I.
---------------------------------------------------------------------------

B. Moderate Nonattainment Area Requirements.

    EPA's November 29, 2005 Phase 2 ozone implementation rule
addresses, among other things, the control obligations that apply to
areas designated nonattainment for the 1997 8-hour NAAQS. The Phase 1
and Phase 2 ozone implementation rules outline the SIP requirements and
deadlines for various requirements in areas designated as moderate
nonattainment. For such areas, modeling and attainment demonstrations
with projection year emission inventories were due by June 15, 2007,
along with reasonable further progress (RFP) plans, RACM, motor vehicle
emissions budgets and contingency measures (40 CFR 51.908(a) and (c),
51.910, 51.912). In addition, moderate nonattainment areas were also
required to submit a reasonably available control technology (RACT)
SIP. This action addresses Connecticut's demonstrations of attainment
of the 1997 8-hour ozone standard, and the RACM analyses. Moderate
nonattainment areas are required to attain the 1997 8-hour ozone NAAQS
by no later than six years after designation, or June 15, 2010. See 40
CFR 51.903. In order to demonstrate attainment by June 2010, the area
must adopt and implement all controls necessary for attainment by the
beginning of the 2009 ozone season and demonstrate that the level of
the standard will be met during the 2009 ozone season.

C. Why is EPA proposing these actions?

    On August 31, 2010 (75 FR 53219), EPA made a determination that the
Greater Connecticut area had attained the 1997 8-hour ozone NAAQS.
Similarly, on June 18, 2012 (77 FR 36163), EPA made a determination
that the New York City area had attained the 1997 8-hour ozone NAAQS.
Pursuant to 40 CFR 51.918, these ``clean data'' determinations suspend
the requirements for various SIP items, including, the requirement to
submit an attainment demonstration, an RFP plan, and section 172(c)(9)
contingency measures for the eight-hour ozone NAAQS for so long as an
area continues to attain the ozone NAAQS. However, section 110(k)(2) of
the CAA requires EPA to take action on any administratively complete
SIP revision submittal within 12 months of the SIP being deemed
complete. Therefore, while the clean data determinations suspend the
state's obligation to submit the attainment demonstration SIP revision,
the determinations do not suspend EPA's obligation to take action on
the SIP revision if it has been submitted by the state and deemed to be
complete. This proposed rulemaking is intended to address EPA's
obligations on Connecticut's February 1, 2008 SIP revision.

III. What was included in Connecticut's SIP submittal?

    After completing the appropriate public notice and comment
procedures, Connecticut made a series of submittals in order to address
the Act's 1997 8-hour ozone nonattainment requirements.
    On December 8, 2006, Connecticut submitted its state-wide 8-hour
ozone RACT SIP, for both volatile organic compounds and oxides of
nitrogen, which included a determination that many of the RACT rules
currently contained in its SIP meet the RACT obligation for the 8-hour
standard and also included commitments to adopt revisions to several
regulations where the State identified more stringent emission
limitations that it believed should now be considered RACT.
    On February 1, 2008, Connecticut submitted a SIP that included
ozone attainment demonstrations for the 1997 8-hour ozone standard, RFP
plans, motor vehicle emissions budgets, contingency measures and RACM
analyses for the Connecticut portion of the New York City area and the
Greater Connecticut area. Connecticut's attainment demonstrations and
RACM analyses are the only subjects of this proposed rulemaking.
    On August 22, 2012 (77 FR 50595), EPA approved Connecticut's RFP
plans for the Connecticut portion of the New York City area and the
Greater Connecticut area. In that same notice, EPA also approved the
contingency measures, the 2002 base year inventory, and the Motor
Vehicle Emissions Budgets for 2008, associated with the reasonable
further progress plans for both these areas.

IV. What is EPA's basis for approving the attainment demonstrations?

A. Adequacy of Control Strategy

    Sections 172 and 182 of the Act require Connecticut to revise its
SIP to meet various requirements applicable to nonattainment areas.
Connecticut has submitted all required SIP revisions to address the
control requirements under the 1997 8-hour ozone standard.
    As noted earlier, EPA has already approved Connecticut's RFP plans
for both nonattainment areas (77 FR 50595). Note that New Jersey and
New York also have fully implemented RFP plans for the New York City
area.\3\ All three state's RFP plans contained corresponding emission
control measures, and the three states also developed and adopted
additional control measures to ensure attainment of the ozone standard
by the attainment date. All of the control measures that are contained
in the RFP plans were submitted as SIP revisions and approved by EPA.
Therefore, Connecticut's demonstrations of attainment for the New York
City and Greater Connecticut areas are approvable because Connecticut
adopted the necessary ozone precursor control measures in its ozone
plans.
---------------------------------------------------------------------------

    \3\ For further information on these plans, see 76 FR 51264 for
New York and 74 FR 22837 for New Jersey.
---------------------------------------------------------------------------

    As discussed above, EPA has already approved most of Connecticut's
SIP revisions or analyses under these requirements. In this action, EPA
is also proposing to approve Connecticut's RACM analyses. Furthermore,
the final approval of Connecticut's December 8, 2006 RACT SIP was
signed by the Regional Administrator on March 22, 2013 and forwarded
for publication in the Federal Register. A copy of the signed approval
is available in the docket for this action. Also, Connecticut submitted
two additional control measures to EPA as SIP revisions from which
reductions are assumed in Connecticut's attainment demonstrations.
These measures are: VOC content limits for consumer products
(Regulations of Connecticut State Agencies (RCSA) section 22a-174-40)
and restrictions on the manufacture and use of adhesives and sealants
(RCSA section 22a-174-44). EPA will take final action on these two
regulations prior to finalizing action on today's proposal.
    Finally, it should be noted that Connecticut's attainment
demonstrations also include discussion of an anticipated measure,
NOX reductions from industrial, commercial

and institutional (ICI) boilers that has not been adopted. However, on
April 2, 2013, the Connecticut Department of Energy and Environmental
Protection (CT DEEP) submitted a letter withdrawing this anticipated
measure from its ozone attainment demonstrations submittal. CT DEEP
noted in its withdrawal letter, that EPA has issued final
determinations that both the Greater Connecticut and New York City
areas have attained the 1997 8-hour ozone standard. Therefore, CT DEEP
indicated that it now believes that the ICI boilers measure is not
necessary for purposes of attainment of the 1997 8-hour ozone standard.
We concur that the ICI boilers measure is not necessary for
Connecticut's attainment demonstrations, for the following reasons.
According to Connecticut's 2008 submission, in 2012, the ICI boiler
regulation was projected to reduce NOX emissions by 1.7 tons
summer per day (TPSD) in the Connecticut portion of the New York City
nonattainment area.\4\ The total NOX emissions projected for
2012 for the Connecticut portion of the New York City nonattainment
area are 110.6 TPSD.\5\ Moreover, the total projected NOX
emissions for 2012 for the entire three-state New York City
nonattainment area exceeded 900 TPSD.\6\ Comparing the projected
reductions from the ICI boiler rule to the projected total
NOX emissions across all sectors, the potential
NOX reductions from Connecticut ICI boilers were only
projected to equal 1.54% of the total Connecticut NOX
emissions for the area in 2012, and less than 0.2% of the total
NOX emissions for the entire nonattainment area. Since the
ICI boiler rule would have resulted in a very small percent reduction
in NOX emissions, as compared to the total, the fact that
Connecticut did not enact the rule does not call into question the
adequacy of its SIP as a whole.
---------------------------------------------------------------------------

    \4\ The reductions were projected as 0.9 tons per day from area
sources, and 0.8 tons per day from point sources. See Attachment F
(``Revision to Connecticut's State Implementation Plan, 8-Hour Ozone
Attainment Demonstration Technical Support Document, Appendices''),
Appendix 4E (unnumbered last page labeled ``Emission Reductions from
ICI Boiler Control Strategy'').
    \5\ See Attachment D (``Revision to Connecticut's State
Implementation Plan, 8-Hour Ozone Attainment Demonstration Technical
Support''), Table 4.4.2, at 4-32.
    \6\ For the New York portion of the New York City nonattainment
area, the projected 2012 NOX emissions are 544.9 TPSD.
New Jersey did not project 2012 emissions, but projected total
NOX emissions for 2009 of 326.5 TPSD. Using the
simplifying assumption that New Jersey's 2012 emissions would be at
most equal to its 2009 emissions despite continued application of
emissions controls, the projected total NOX emissions for
the New York City area can therefore be estimated as 982 TPSD (110.6
from Connecticut, 544.9 from New York, and 326.5 from New Jersey).
---------------------------------------------------------------------------

    EPA's approval of these SIP revisions, in combination with this
proposed approval of the attainment demonstrations and RACM analyses
for the 1997 8-hour ozone standard, will serve to completely address
Connecticut's requirements under the 1997 8-hour ozone standard for the
Connecticut portion of the New York City area and for the Greater
Connecticut area.

B. Components of the Modeled Attainment Demonstrations

    Section 110(a)(2)(k) of the Act requires states to prepare air
quality modeling to demonstrate how they will meet ambient air quality
standards. The SIP must demonstrate that the ``measures, rules, and
regulations contained in it are adequate to provide for the timely
attainment and maintenance of the national standard.'' 40 CFR
51.112(a). EPA determined that states must use photochemical grid
modeling, or any other analytical method determined by the
Administrator to be at least as effective, to demonstrate attainment of
the ozone health-based standard in areas classified as ``moderate'' or
above, and to do so by the required attainment date. See 40 CFR
51.908(c). EPA requires an attainment demonstration, showing that
attainment will occur by the attainment deadline, which for the New
York City and Greater Connecticut areas was the end of the 2009 ozone
season, using air quality modeling that meets EPA's guidelines. The
model analysis can be supplemented by a ``weight of evidence'' analysis
in which the State can use a variety of information to enhance the
conclusions reached by the photochemical model analysis. In the case of
the Connecticut areas, the weight of evidence also included additional
emission reductions not included in the model inventory, such as the
high electric demand day reductions, and energy efficiency reductions.
EPA has determined that the photochemical grid modeling conducted by
the state is consistent with EPA's guidelines and the model performed
acceptably. See 40 CFR 51.908(c).

C. Air Quality Data

    With respect to the Greater Connecticut area, EPA has evaluated the
ambient air quality monitoring data and has determined that this area
attained the 8-hour ozone standard by the required attainment date. On
August 31, 2010 (75 FR 53219), EPA made a determination that the
Greater Connecticut area had attained the 1997 8-hour ozone NAAQS. This
determination was based upon complete, quality assured and certified
ambient air monitoring data that showed the Greater Connecticut area
had monitored attainment of the 1997 8-hour ozone NAAQS for the 2007-
2009 monitoring period. Ambient air monitoring data for the 2008-2010
and 2009-2011 monitoring periods is also consistent with continued
attainment. In addition, in this same rulemaking, pursuant to section
181(b)(2)(A) of the CAA, EPA made a determination of attainment that
the Greater Connecticut area had attained the 1997 8-hour ozone NAAQS
by its attainment date of June 15, 2010.
    With respect to the New York City area, EPA has evaluated the
ambient air quality monitoring data and has determined that this area
attained the 8-hour ozone standard by the required attainment date. On
June 18, 2012 (77 FR 36163), EPA made a determination that the New York
City area had attained the 1997 8-hour ozone NAAQS. This determination
was based upon complete, quality assured and certified ambient air
monitoring data that showed the New York City area had monitored
attainment of the 1997 8-hour ozone NAAQS for the 2007-2009 and 2008-
2010 monitoring periods. Ambient air monitoring data for the 2009-2011
monitoring period is also consistent with continued attainment. In
addition, in this same rulemaking, pursuant to section 181(b)(2)(A) of
the CAA, EPA made a determination of attainment that the New York City
area had attained the 1997 8-hour ozone NAAQS by its attainment date of
June 15, 2010. Copies of the August 21, 2010 and June 18, 2012
rulemakings are included in the Docket (EPA-R01-OAR-2008-0117) and
available at www.regulations.gov. The reader is referred to these
rulemakings for additional information regarding all of the complete,
quality-assured and certified ozone monitoring data which served as the
basis for these determinations.
    EPA is aware that preliminary ambient air quality monitoring data
for 2012 may indicate that the New York City area \7\ has ozone air
quality above the 1997 8-hour ozone NAAQS. However, 2012 monitoring
data are not relevant to this particular action. This document proposes
to approve Connecticut's demonstration of how it planned to attain the
1997 8-hour ozone

standard by the June 15, 2010 attainment date. As explained above,
Connecticut's control strategy meets applicable EPA requirements,
Connecticut's photochemical grid modeling demonstrated that it would
attain the standard by the attainment date, and, based on monitored
ozone data the New York City area attained the standard by the
attainment date.
---------------------------------------------------------------------------

    \7\ Note this situation only applies to the New York City area.
Preliminary ozone data for 2012 for the Greater Connecticut area
indicates continued attainment of the 1997 8-hour ozone standard.
---------------------------------------------------------------------------

    With respect to post-attainment date air quality data, EPA has a
continuing obligation to review the air quality data each year, to
determine whether areas are meeting the NAAQS, and EPA will continue to
conduct such review in the future after the data are complete, quality-
assured, certified and submitted to EPA.

D. EPA's Evaluation

    In summary, the photochemical grid modeling used by Connecticut in
its February 1, 2008 SIP submittal meets EPA's guidelines and is
acceptable to EPA. Air quality data through 2011 supports the
conclusion that the New York City and Greater Connecticut areas did
demonstrate attainment of the 8-hour ozone standard by their attainment
date. The purpose of the attainment demonstration is to demonstrate
how, through enforceable and approvable emission reductions, an area
will meet the standard by the attainment date. All necessary ozone
control measures have already been adopted, submitted, approved \8\ and
implemented. Based on (1) The state following EPA's modeling guidance,
(2) the air quality data through 2011, (3) the areas attaining the
standard by the attainment date, and (4) the implemented SIP-approved
control measures, EPA is proposing to approve the Connecticut ozone
attainment demonstrations, including the RACM analyses for the Greater
Connecticut area and for the Connecticut portion of the New York City
area. For similar information about the New Jersey and New York
portions of the New York City area, the reader is referred to EPA's
approval of the New Jersey and New York ozone attainment demonstrations
published on February 11, 2013 (78 FR 9596).
---------------------------------------------------------------------------

    \8\ As noted above, all necessary measures have been approved
with the exception of RCSA sections 22a-174-40 and 22a-174-44. EPA
will take final action on these two regulations prior to finalizing
today's proposal.
---------------------------------------------------------------------------

    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 the EPA
New England Regional Office listed in the ADDRESSES section of this
Federal Register.

V. Proposed Actions

    EPA is proposing to approve the Connecticut ozone attainment
demonstrations, including the RACM analyses, for both the Connecticut
portion of the New York City moderate ozone nonattainment area and for
the Greater Connecticut moderate ozone nonattainment area. EPA has
evaluated Connecticut's submittal for consistency with the Act, EPA
regulations, and EPA policy, and has considered all other information
it deems relevant to attainment of the 1997 8-hour ozone standard,
i.e., clean data determinations, determinations that the areas attained
the standard by the applicable attainment date, statewide RACT,
reasonable further progress plan approvals (including all applicable
control strategy regulations), continued attainment of the 1997 8-hour
ozone standard based on quality assured and certified monitoring data
through 2011, and the implementation of the more stringent 2008 8-hour
ozone standard.

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. 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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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 CAA; and
     Do 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: April 29, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2013-10929 Filed 5-8-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Page 69107]
[FR Doc No: 2021-26366]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. PA-57A; File No. S7-14-21]

Privacy Act of 1974; System of Records; Correction

AGENCY: Securities and Exchange Commission.

ACTION: Notice; correction.

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

SUMMARY: The Securities and Exchange Commission published a document in
the Federal Register on November 29, 2021, concerning a Privacy Act of
1974; System of Records. The document contained an incorrect comment
due date. Comments are due on December 29, 2021.

FOR FURTHER INFORMATION CONTACT: Ronnette McDaniel, Privacy and
Information Assurance Branch Chief, Securities and Exchange Commission,
100 F Street NE, Washington, DC 20549,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register of November 29, 2021 in FR Doc. 2021-25871,
on page 67755, in the first column, correct the DATES section to read:
DATES: The changes will become effective November 29, 2021, to permit
public comment on the revised routine uses. The Commission will publish
a new notice if the effective date is delayed to review comments or if
changes are made based on comments received. To assure consideration,
comments should be received on or before December 29, 2021.

    Dated: December 1, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-26366 Filed 12-3-21; 8:45 am]
BILLING CODE 8011-01-P