Approval and Promulgation of Air Quality Implementation Plans; Connecticut; State Order No. 7019, United Technologies Corporation

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT-12-01-6154; A-1-FRL-4822-8]

Approval and Promulgation of Air Quality Implementation Plans;

Connecticut; State Order No. 7019, United Technologies Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the State of Connecticut. This revision consists of

Connecticut State Order No. 7019, which requires The United Technology

Corporation (UTC) to limit the operation of certain boilers, increase

certain stack heights, and limit the sulfur content of fuels burned in

certain boilers, as specified in the order. This action is supported by

a modeling study prepared by TRC Environmental Consultants, Inc. in

June, 1991. This action is being taken in accordance with section 110

of the Clean Air Act.

EFFECTIVE DATE: This action will become effective March 21, 1994,

unless notice is received by February 17, 1994, that adverse or

critical comments will be submitted. If the effective date is delayed,

timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,

Air, Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.

Copies of the documents relevant to this action are available for

public inspection during normal business hours, by appointment at the

Air, Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, One Congress Street, 10th floor, Boston,

MA; Jerry Kurtzweg, U.S. Environmental Protection Agency, 401 M Street,

SW., (ANR-443), Washington, DC 20460; and the Bureau of Air Management,

Department of Environmental Protection, 79 Elm Street, Hartford, CT

06106.

FOR FURTHER INFORMATION CONTACT: Ian D. Cohen, (617) 565-3229.

SUPPLEMENTARY INFORMATION: On March 11, 1993, the State of Connecticut

submitted a formal revision to its State Implementation Plan (SIP). The

SIP revision consists of State Order No. 7019.

Background

The Hamilton Standard Division of United Technologies Corporation

(UTC), located at Windsor Locks, CT, operates several boilers which

emit sulfur dioxide (SO2). On April 6, 1990, the Hamilton Standard

Division received a notice of violation from the Connecticut Department

of Environmental Protection (CT DEP). Dispersion modeling done by CT

DEP showed potential violations of the 3-hour and 24-hour Connecticut

Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality

Standards (NAAQS) for SO2. TRC Consultants, under contract to UTC,

performed a subsequent dispersion modeling study to determine which

actions UTC could take to prevent these violations. In June, 1991, TRC

provided a report which recommended a compliance strategy for UTC to

follow. On January 7, 1993, CT DEP issued State Order No. 7019, which

requires UTC to implement this compliance strategy.

Summary of SIP Revision

The SIP revision consists of Connecticut State Order No. 7019. The

order makes certain recommendations contained in the TRC report

entitled Air Quality Modeling Analysis to Demonstrate SO2 CAAQS/

NAAQS Compliance at the Hamilton Standard Division of United

Technologies Corporation Windsor Locks, Connecticut Facility legally

binding on UTC. These recommendations are based on modeling done by TRC

in accordance with EPA and Connecticut DEP modeling guidance. The

Modeling study used the ISCST and PTMTPA-CONN models.

Under State Order No. 7019, UTC will be required to take the

following actions:

(1) Concerning the four boilers designated 518(41), 519(42),

520(43), and 521(44), not more than three (3) may be operated

simultaneously.

(2) Boilers 519(42) and 520(43) shall burn only Natural Gas or No.

6 fuel oil with sulfur content not exceeding 1.0%, and boilers 518(41)

and 521(44) shall burn only No. 6 fuel oil with sulfur content not

exceeding 1.0%.

(3) Boilers 506(48) and 505(49) shall burn either natural gas or

No. 4 or No. 2 fuel oil with sulfur content not exceeding 0.3%.

(4) Test Cell D and Test Cell E shall be restricted to burning Jet-

A fuel with sulfur content not exceeding 0.3%.

(5) The stack heights of Boilers 518(41), 519(42), 520(43), and

521(44) shall be increased to not less than 23.4 meters.

Enforcement

State Order No. 7019 contains requirements that UTC keep records of

the sulfur content of each purchase of fuel, and specifies the dates

for the commencement and completion of the higher stacks required by

the order. These records will allow the state to monitor compliance.

State Order No. 7019 also contains a schedule of fines which UTC must

pay if a violation occurs, as well as the name and address of the

person at the Connecticut Department of Environmental Protection to

whom payments are to be sent.

EPA has reviewed State Order No. 7019 and has determined that the

restrictions in sulfur content and the increases in stack height are

sufficient to maintain the NAAQS in the vicinity of UTC's facility in

Windsor Locks, Connecticut.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. This action will be effective 60 days from the

date of this Federal Register notice unless, by February 17, 1994,

notice is received that adverse or critical comments will be submitted.

If such notice is received, this action will be withdrawn before the

effective date by simultaneously publishing two subsequent notices. One

notice will withdraw the final action and another will begin a new

rulemaking by announcing a proposal of the action and establishing a

comment period. If no such comments are received, the public is advised

that this action will be effective on March 21, 1994.

Final Action

EPA is approving State Order No. 7019 dated March 11, 1993 and

effective in the State of Connecticut on February 19, 1993. The order

is supported by a modeling study which demonstrates attainment of the

NAAQS.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225).

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410 (a)(2).

On January 6, 1989, the Office of Management and Budget (OMB)

waived Table 2 and Table 3 revisions (54 FR 2222) from the requirements

of Section 3 of Executive Order 12291 for a period of two years. EPA

has submitted a request for a permanent waiver for Table 2 and Table 3

SIP revisions. OMB has agreed to continue the waiver until such time as

it rules on EPA's request. This request continues in effect under

Executive Order 12866 which superseded Executive Order 12291 on

September 30, 1993.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan. Each request for revision to

the State implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by March 21, 1994. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Reporting and recordkeeping

requirements, Sulfur oxides.

Note: Incorporation by reference of the State Implementation

Plan for the State of Connecticut was approved by the Director of

the Federal Register on July 1, 1982.

Dated: November 24, 1993.

Patricia L. Meaney,

Acting Regional Administrator, Region I.

Part 52 of chapter I, title 40 of the Code of Federal Regulations

is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart H--Connecticut

2. Section 52.370 is amended by adding paragraph (c)(63) to read as

follows:

Sec. 52.370 Identification of plan.

* * * * * *

(c) * * *

(63) Revisions to the State Implementation Plan submitted by the

Connecticut Department of Environmental Protection on March 11, 1993.

(i) Incorporation by reference.

(A) Letter from the Connecticut Department of Environmental

Protection dated March 11, 1993 submitting a revision to the

Connecticut State Implementation Plan.

(B) Connecticut State Order No 7019 dated March 11, 1993, and

effective in the State of Connecticut on February 19, 1993.

(ii) Additional materials.

(A) Air Quality Modeling Analysis to Demonstrate SO2 CAAQS/

NAAQS Compliance at the Hamilton Standard Division of United

Technologies Corporation Windsor Locks CT; June 1991.

[FR Doc. 94-1063 Filed 1-14-94; 8:45 am]

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