Turning an agreement with one company into something federally enforceable — when a facility-specific order enters a state plan
The Environmental Protection Agency approved a revision folding a state consent order for one compressor station into the Connecticut state implementation plan. Terms directed at a single facility thereby become enforceable as a matter of federal law.
Document overview (primary data)
- Document typeRule
- AgencyEnvironmental Protection Agency
- Citation91 FR 50719
Key points
- The Environmental Protection Agency approved folding a consent order for one Connecticut compressor station into the state implementation plan.
- Once in the plan, the conditions for that facility become enforceable as a matter of federal law.
- The source is covered because it lies in an ozone nonattainment area classified moderate or higher and the state is in the ozone transport region.
- One area holds different classifications under two standards — severe under 2008 and serious under 2015.
- The same rule approves a negative declaration that no rubber tire manufacturing sources exist statewide.
1A rule for one facility
A state implementation plan holds not only rules applying statewide but terms directed at a single facility. Here a consent order between the state and an operator, covering one compressor station, was approved as part of the plan.
- 1The state and the operator agreeEmission conditions for that facility are set individually
- 2The state submits it as a plan revisionIn the form of a source-specific plan revision
- 3The agency approvesReviewing whether the requirements are met
- 4EffectThe conditions for that facility become enforceable as a matter of federal law
Why route it into the federal plan? Left as a state agreement, only the state enforces it. Folded into the plan, the federal government becomes an enforcer too, and the terms can ground citizen suits. Approval changes the standing of an agreement with one company.
2Why this facility
| Condition | How it applies here |
|---|---|
| Located in an ozone nonattainment area classified moderate or higher | Classified severe under the 2008 standard and serious under the 2015 standard |
| A state within the ozone transport region | Connecticut lies within that region |
| A major stationary source | A major stationary source of volatile organic compounds |
Notice that one area carries different classifications under two standards — severe under the 2008 standard, serious under the 2015 one. Standards are revised without the older ones disappearing, so an area holds several positions at once.
3The ozone transport region
The precursors of ozone travel on the wind across state lines. A set of northeastern states is therefore treated together as subject to control, regardless of whether each local area meets the standard. That is the ozone transport region: a state may meet the standard itself and still be required to act for the sake of those downwind.
This site separately covers the good neighbor provision on interstate transport, showing several mechanisms built around pollution crossing borders.
4Nothing to regulate, in the same document
The rule simultaneously approves a negative declaration for existing rubber tire manufacturing sources statewide — a statement that no such facilities exist. Imposing conditions on one facility and confirming the absence of any facility sit in one document. This site also covers a negative declaration as a subject in its own right.
Why it matters
When facility-specific terms enter a state plan, both who enforces them and on what basis change. An operator should note that a state agreement converts into an obligation under federal law.
FAQ
Why fold an agreement with one company into a federal plan?
What is the ozone transport region?
Sources (primary)
Source: Federal Register (federal documents, public domain). Links go to the official site.