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Air Plan Approval; Connecticut; Revised Format for Materials Incorporated by Reference
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AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Final rule; administrative change.
SUMMARY:
The Environmental Protection Agency (EPA) is revising the format for materials that are made part of the Connecticut State Implementation Plan (SIP) through the process of incorporation by reference (IBR). The regulations and materials affected by this format change have all been previously submitted by Connecticut and approved by EPA as part of the SIP.
DATES:
This action is effective on February 9, 2026.
( printed page 5676)
ADDRESSES:
EPA has established a docket for this action under Docket ID No. EPA-R01-OAR-2025-2895. SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection by appointment at Environmental Protection Agency, Region 1, 5 Post Office Square, Boston, Massachusetts 02109-3912. For information on the availability of this material at the EPA Regional Office, please contact the person in the
FOR FURTHER INFORMATION CONTACT
section of this document.
FOR FURTHER INFORMATION CONTACT:
Patrick Lillis, Air and Radiation Division, Environmental Protection Agency, Region 1, 5 Post Office Square—Suite 100, Boston, MA 02109, (617) 917-1067,
lillis.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever “we,” “us” or “our” is used, it is intended to refer to EPA.
Table of Contents
I. Background
A. Description of a SIP
B. How EPA Enforces SIPs
C. How the State and EPA Update the SIP
D. How EPA Compiles the SIPs
E. How EPA Organizes the SIP Compilation
F. Where You Can Find a Copy of the SIP Compilation
G. The Format of the New Identification of Plan Section
H. When a SIP Revision Becomes Part of the SIP and Federally Enforceable
I. The Historical Record of SIP Revision Approvals
II. What EPA Is Doing in This Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
A. Description of a SIP
Each state has a SIP containing, among other things, the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms.
B. How EPA Enforces SIPs
Each state must formally adopt the control measures and strategies to attain and maintain the NAAQS after the public has had an opportunity to comment on them and then the state must submit the proposed SIP revisions to EPA. Once these control measures and strategies are approved by EPA through notice and comment rulemaking, EPA uses the IBR process to make them part of the federally approved SIP. IBR is a method of incorporating material into EPA regulations in the Code of Federal Regulations (CFR) by referencing the original document(s) without publishing the full text of the material in the CFR. In this case, the SIP rules are identified in part 52 (Approval and Promulgation of Implementation Plans), title 40 of the CFR (40 CFR part 52). These rules are approved by EPA with a specific effective date, but are not reproduced in their entirety in 40 CFR part 52. This format allows both EPA and the public to identify which regulations are contained in a given SIP and to help determine whether the state is enforcing those regulations. This format also assists EPA and the public in taking enforcement action, should a state not enforce its SIP-approved regulations.
C. How the State and EPA Update the SIP
The SIP is periodically revised as necessary to address the unique air pollution problems in the state. Therefore, EPA must periodically take action on state SIP submissions containing new and/or revised regulations and other materials; if approved by EPA, they become part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the formatting procedures of 40 CFR part 52 for incorporating by reference federally-approved SIP revisions. These procedures include: (1) A revised SIP document for each state that would use the IBR process under the provisions of 1 CFR part 51; (2) a revised mechanism for announcing EPA approval of revisions to an applicable SIP and updating both the document that has gone through the IBR process and the CFR; and (3) a revised format of the “Identification of plan” sections for each applicable subpart in 40 CFR part 52 to reflect these revised IBR procedures. The description of the revised SIP document, IBR procedures, and “Identification of plan” format are discussed in further detail in the May 22, 1997,
Federal Register
document.
D. How EPA Compiles the SIPs
The federally-approved regulations and statutes and source-specific requirements (entirely or portions of) submitted by each state agency have been compiled by EPA into a “SIP compilation,” which is incorporated by reference. The SIP compilation does not contain the nonregulatory provisions (entirely or portions of) submitted by each state agency approved by EPA through previous rulemaking actions in the
Federal Register
.
E. How EPA Organizes the SIP Compilation
Each SIP consists of three parts. Part one contains the regulations and statutes, part two contains the source-specific requirements, and part three contains nonregulatory provisions. Each state's SIP contains a table for each of the three parts that identifies each SIP-approved regulation and statute, source-specific requirement, and nonregulatory provision. In this action, EPA is publishing the SIP tables that summarize the applicable SIP requirements for Connecticut and that will be codified at 40 CFR 52.370. The effective dates in the table indicate the date of the most recent revision to an approved regulation. EPA Regional Offices have the primary responsibility for updating the state SIPs, and the SIP compilations that are incorporated by reference, and ensuring their accuracy.
F. Where You Can Find a Copy of the SIP Compilation
EPA Region 1 has developed and will maintain the SIP compilation for Connecticut.
G. The Format of the New Identification of Plan Section
In order to better serve the public, EPA revised the organization of the section titled “Identification of plan” at 40 CFR 52.370 and included additional information to clarify the enforceable elements of the SIP. The revised format does not affect Federal enforceability of the SIP and is consistent with the requirements of section 110(h)(1) of the Clean Air Act (CAA) concerning comprehensive SIP publication.
The revised “Identification of plan” section contains five subsections:
1. Purpose and scope
2. Incorporation by reference
3. EPA approved regulations
4. EPA approved source specific requirements
5. EPA approved nonregulatory and quasi-regulatory provisions.
H. When a SIP Revision Becomes Part of the SIP and Federally Enforceable
All new requirements and revisions to the applicable SIP become federally enforceable as of the effective date of the revisions to paragraph (c), (d), or (e) of the applicable “Identification of plan” section found in each subpart of 40 CFR part 52.
I. The Historical Record of SIP Revision Approvals
To facilitate enforcement of previously approved SIP provisions and provide a smooth transition to the new
( printed page 5677)
SIP processing system, EPA will retain the original “Identification of plan” section, previously appearing in the CFR as the first or second section of part 52 for each state subpart. For Connecticut, the original Identification of plan section will be moved from § 52.370 to § 52.388.
II. What EPA Is Doing in This Action
We are revising the format of 40 CFR part 52 “Identification of plan” section for Connecticut regarding incorporation by reference, by adding § 52.370(c), (d), and (e), to be consistent with the format described above and in 62 FR 27968 (May 22, 1997). We are adding § 52.370(b)(1) to further clarify that all SIP revisions listed in § 52.370(c) and (d), regardless of inclusion in the most recent “update to the SIP compilation,” are federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking in which EPA approved the SIP revision. We are adding § 52.370(b)(2) to certify that the materials provided by EPA at the addresses in paragraph (b)(3) are an exact duplicate of the official state rules/regulations. We are adding § 52.370(b)(3) to update address and contact information.
This action constitutes a recordkeeping and organizational exercise to ensure that all revisions to the state programs that have occurred are accurately reflected in 40 CFR part 52. SIP revisions are controlled by EPA regulations at 40 CFR part 51.
EPA has determined that this action falls under the “good cause” exemption in sections 553(b)(4)(B) and 553(d)(3) of the Administrative Procedure Act (APA), which, upon finding “good cause,” authorizes agencies to dispense with public participation and allows an agency to make a rule effective immediately, thereby avoiding the 30-day delayed effective date otherwise provided for in the APA. This action simply reformats and codifies provisions which are already in effect as a matter of law in Federal and approved state programs. Under section 553(b)(4)(B) of the APA, an agency may find good cause where notice and public procedure are “impractical, unnecessary, or contrary to the public interest.” Public comment is unnecessary for this action because EPA is merely reformatting and codifying existing law. Immediate notice in the CFR benefits the public by removing outdated citations and making the IBR format clearer and more user-friendly.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of regulations promulgated by Connecticut, previously approved by EPA and federally effective before August 25, 2025, contained in 40 CFR 52.370(c) and (d), described in section II. of this preamble. EPA has made, and will continue to make, these documents generally available through
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).
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 CAA. Accordingly, this action merely addresses administrative requirements related to previously approved state law found to meet Federal requirements and does not impose additional requirements beyond those previously imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review by the Office of Management and Budget underExecutive Order 12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501et 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. 601et 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);
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 CAA.
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).
This action is subject to the Congressional Review Act, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).
EPA has also determined that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Connecticut SIP compilation afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA believes judicial review of this action under section 307(b)(1) is not available.
(a)
Purpose and scope.
This section sets forth the applicable State implementation plan for the State of Connecticut under section 110 of the CAA, 42 U.S.C. 7401-7671q, and 40 CFR part 51 to meet national ambient air quality standards.
(b)
Incorporation by reference.
(1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to August 25, 2025, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval and notification of any change in the material will be published in the
Federal Register
. Entries in paragraphs (c) and (d) of this section with EPA approval dates after August 25, 2025, will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of the dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference may be inspected at the Region 1 EPA Office at 5 Post Office Square—Suite 100, Boston, MA 02109. To obtain the material, please call the EPA Region 1 Office. You may also inspect the material with an EPA approval date prior to August 25, 2025, at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations
or email
fr.inspection@nara.gov.
(c)
EPA-approved regulations.
EPA-Approved Connecticut Regulations and Statutes
State citation
Title/subject
State
effective
date
EPA approval date
Explanations
14-164c
Periodic Motor Vehicle Emissions Inspection and Maintenance
Modified definition of “severe non-attainment area for ozone.”
Note:
Definitions which have been Incorporated By Reference into the Connecticut State Implementation Plan are numbered consecutively above by EPA, and do not necessarily correspond to the State's assigned definition number in the Connecticut State Regulation. It is Connecticut's practice to renumber their definitions in Section 22a-174-1 when definitions are added or deleted from the State Regulation.
22a-174-2a
Procedural Requirements for New Source Review and Title V Permitting
Revisions made to 22a-174-2a(c)(3), 22a-174-2a(d)(9), 22a-174-2a(e)(3)(C), 22a-174-2a(e)(3)(E), 22a-174-2a(e)(7), 22a-174-2a(f)(2), and 22a-174-2a(f)(2)(G).
22a-174-3a
Permit to Construct and Operate Stationary Sources
Revisions made to 22a-174-3a(a)(2)(A)(ii) through (v), 22a-174-3a(a)(5), 22a-174-3a(d)(3)(B) and (C), 22a-174-3a(i) Table 3a(i)-1, 22a-174-3a(i)(2), 22a- 174-3a(j)(1)(B), 22a-174-3a(j)(8)(A), 22a-174-3a(k)(3) and (4), 22a-174- 3a(k)(6)(A), 22a-174-3a(k)(7) Table 3a(k)-1, and 22a-174-3a(l)(1).
22a-174-3b
Permits for Construction and Operation of Stationary Sources
Only the automotive refinishing requirements of 22a-174-3b are being approved. Connecticut did not submit the other subsections of the rule as part of its SIP revision.
All of Section 22a-174-18 is approved, with the exception of the phrase “or malfunction” in Section 22a-174-18(j)(1) and all of Section 22a-174-18(j)(2), which CT DEEP withdrew from the SIP submittal. Because Connecticut withdrew Section 22a-174-18(j)(2) from its SIP submission, stationary sources subject to a Federal NSPS will remain subject to the opacity limits contained in “Control of Particulate Emissions” under the SIP (See 37 FR 10842). See Section 19-508-18, “Control of Particulate Emissions” posted at
www.epa.gov/sips-ct/epa-approved-regulations-connecticut-sip.
Approves the sulfur dioxide emission standards and fuel sulfur limits for units subject to the CT NO
X
Budget program. The following sections were not submitted as part of the SIP: Sections (a)(5); (a)(8); (a)(11); (d); (e)(4); (f); (g); (h); and in (i)(2) reference to (e)(4).
EPA did not approve subsections (a), (c), (g), or (j) into the Connecticut State Implementation Plan (SIP). Subsection (m) Dioxin, which Connecticut withdrew from its SIP submittal was also not approved.
This SIP revision includes a change to exempt composite vehicles from tailpipe inspections. Revision to Section 22a-174-27 (b) and removal of Section 22a-174-27 (e).
EPA action also removed from the SIP: Dow Chemical U.S.A. Order # 7002B and Pratt & Whitney Order # 8027.
( printed page 5683)
(e)
Nonregulatory.
Connecticut Non Regulatory
Name of non-regulatory SIP provision
Applicable
geographic or
nonattainment
area
State
submittal
date/
effective
date
EPA approved date
Explanations
Miscellaneous non-regulatory addition to the plan and addition of amendment to Chapter 360 of General Statutes which provides authority for delegation of enforcement authority submitted on March 21, 1972, by the Connecticut Department of Environmental Protection
Amending the sulfur control strategy to include an “Air Pollution Control/Energy Trade Option” except for submittal attachments #1 and #2, “Sulfur Dioxide” and “Transport of Sulfur Dioxide” and the section of attachment #3 “Control of Sulfur Oxides” entitled “Sample Analysis of a Btu Bubble Application”.
Non-regulatory addition to the plan of the state New Source Ambient Impact Analysis Guideline
Interpreted to mean that any monitoring method used to collect ambient air pollution data used for attainment status evaluation or designation must be approved by EPA.
Table 1 showing the emission reductions resulting form the measures Connecticut adopted to meet the shortfall identified in the Connecticut on-hour ozone attainment demonstration
Pertains to requirements for Reasonable Further Progress (RFP), enhanced motor vehicle inspection and maintenance (I/M) program, motor vehicle emission budgets for transportation conformity, and a clean fuels for motor vehicles program.
( printed page 5686)
Letter from CT DEEP dated May 22, 2023, submitting a revision to the SIP
SIP revision concerning New Source Review certification for the Greater CT Moderate Nonattainment area under the 2015 Ozone NAAQS and an Emission Statement certification for both the Greater CT and the Southwest CT Moderate Nonattainment areas under the 2015 Ozone NAAQS.
Letter from CT DEEP dated May 3, 2024, submitting a revision to the SIP
SIP revision concerning a 2017 Base Year Emissions Inventory for the 2015 Ozone NAAQS. Submittal also includes 2014 and 2017 Periodic Emission Inventories for the 2008 Ozone NAAQS, approved under separate action.
4. Newly redesignated § 52.388 is amended by revising the section heading and paragraph (a) to read as follows:
(a) This section identified the original “State of Connecticut Air Implementation Plan” and all revisions submitted by Connecticut that were federally-approved prior to August 25, 2025.