Air Plan Approval; Connecticut; Sulfur Content of Fuel Oil Burned in Stationary Sources, 33134-33139 [2016-12120]

Download as PDF 33134 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations (b) Classification. Class II (special controls). The special controls for this device are: (1) Nonclinical performance testing under simulated physiological conditions must demonstrate the reliability of the delivery of specific compression depth and rate over the intended duration of use. (2) Labeling must include the following: (i) The clinical training necessary for the safe use of this device; (ii) Adjunctive use only indication prominently displayed on labels physically placed on the device and in any device manuals or other labeling; (iii) Information on the patient population for which the device has been demonstrated to be effective (including patient size and/or age limitations, e.g., adult, pediatric and/or infant); and (iv) Information on the time necessary to deploy the device as demonstrated in the performance testing. (3) For devices that incorporate electrical components, appropriate analysis and testing must demonstrate that the device is electrically safe and electromagnetically compatible in its intended use environment. (4) Human factors testing and analysis must validate that the device design and labeling are sufficient for effective use by the intended user, including an evaluation for the time necessary to deploy the device. (5) For devices containing software, software verification, validation, and hazard analysis must be performed. (6) Components of the device that come into human contact must be demonstrated to be biocompatible. ■ 3. Add § 870.5210 to subpart F to read as follows: Lhorne on DSK30JT082PROD with RULES § 870.5210 (CPR) aid. Cardiopulmonary resuscitation (a) CPR aid without feedback—(1) Identification. A CPR aid without feedback is a device that performs a simple function such as proper hand placement and/or simple prompting for rate and/or timing of compressions/ breathing for the professionally trained rescuer, but offers no feedback related to the quality of the CPR being provided. These devices are intended for use by persons professionally trained in CPR to assure proper use and the delivery of optimal CPR to the victim. (2) Classification. Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 870.9. (b) CPR aid with feedback—(1) Identification. A CPR Aid device with VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 feedback is a device that provides realtime feedback to the rescuer regarding the quality of CPR being delivered to the victim, and provides either audio and/ or visual information to encourage the rescuer to continue the consistent application of effective manual CPR in accordance with current accepted CPR guidelines (to include, but not be limited to, parameters such as compression rate, compression depth, ventilation, recoil, instruction for one or multiple rescuers, etc.). These devices may also perform a coaching function to aid rescuers in the sequence of steps necessary to perform effective CPR on a victim. (2) Classification. Class II (special controls). The special controls for this device are: (i) Nonclinical performance testing under simulated physiological or use conditions must demonstrate the accuracy and reliability of the feedback to the user on specific compression rate, depth and/or respiration over the intended duration, and environment of use. (ii) Labeling must include the clinical training, if needed, for the safe use of this device and information on the patient population for which the device has been demonstrated to be effective (including patient size and/or age limitations, e.g., adult, pediatric and/or infant). (iii) For devices that incorporate electrical components, appropriate analysis and testing must demonstrate that the device is electrically safe and electromagnetically compatible in its intended use environment. (iv) For devices containing software, software verification, validation, and hazard analysis must be performed. (v) Components of the device that come into human contact must be demonstrated to be biocompatible. (vi) Human factors testing and analysis must validate that the device design and labeling are sufficient for effective use by the intended user. (3) Premarket notification. The CPR Aid with feedback device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter if it does not contain software (e.g., is mechanical or electromechanical) and is in compliance with the special controls under paragraph (b)(2) of this section, subject to the limitations of exemptions in § 870.9. Dated: May 20, 2016. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2016–12333 Filed 5–24–16; 8:45 am] BILLING CODE 4164–01–P PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2014–0364; A–1–FRL– 9939–63–Region 1] Air Plan Approval; Connecticut; Sulfur Content of Fuel Oil Burned in Stationary Sources Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut on April 22, 2014, with supplemental submittals on June 18, 2015 and September 25, 2015. This revision establishes sulfur in fuel oil content limits for use in stationary sources. In addition, the submittal includes a revision to the sampling and emission testing methods for the sulfur content in liquid fuels. The intended effect of this action is to approve these requirements into the Connecticut SIP. This action is being taken under the Clean Air Act. DATES: This direct final rule will be effective July 25, 2016, unless EPA receives adverse comments by June 24, 2016. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R01–OAR–2014–0364 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: arnold.anne@epa.gov. 3. Fax: (617) 918–0047. 4. Mail: Docket Identification Number EPA–R01–OAR–2014–0364, Anne Arnold, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, 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, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, 5 Post Office Square—Suite 100, (mail code OEP05–2), 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 SUMMARY: E:\FR\FM\25MYR1.SGM 25MYR1 Lhorne on DSK30JT082PROD with RULES Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Instructions: Direct your comments to Docket ID No. EPA–R01–OAR–2014– 0364. 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’’ system, 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. 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 U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 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. VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 In addition, copies of the state submittal are also available for public inspection during normal business hours, by appointment at the State Air Agency; Bureau of Air Management, Department of Energy and Environmental Protection, State Office Building, 79 Elm Street, Hartford, CT 06106–1630. FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square— Suite 100, (Mail code OEP05–2), Boston, MA 02109–3912, telephone (617) 918– 1697, facsimile (617) 918–0697, email mcwilliams.anne@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. Background and Purpose II. Connecticut’s SIP Revision III. EPA’s Evaluation of Connecticut’s SIP Revision a. New Section 22a–174–19b ‘‘Fuel Sulfur Content Limitations for Stationary Sources’’ b. Revisions to Section 22a–174–19 ‘‘Control of Sulfur Compound Emissions’’ c. Revisions to Section 22a–174–19a ‘‘Control of Sulfur Dioxide Emissions From Power Plants and Other Large Stationary Sources of Air Pollution’’ d. Revisions to Section 22a–174–5 (previously codified as Section 19–508– 5) ‘‘Methods for Sampling, Emission Testing, and Reporting’’ IV. Final Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background and Purpose In section 169A(a)(1) of the 1977 Amendments to the Clean Air Act (CAA), Congress created a program for protecting visibility in the nation’s national parks and wilderness areas. This section of the CAA establishes as a national goal the ‘‘prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas 1 which impairment results from manmade air 1 Areas designated as mandatory Class I Federal areas consist of national parks exceeding 6000 acres, wilderness areas and national memorial parks exceeding 5000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). In accordance with section 169A of the CAA, EPA, in consultation with the Department of Interior, promulgated a list of 156 areas where visibility is identified as an important value (44 FR 69122, November 30, 1979). The extent of a mandatory Class I area includes subsequent changes in boundaries, such as park expansions (42 U.S.C. 7472(a)). PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 33135 pollution.’’ Congress added section 169B to the CAA in 1990 to address regional haze issues. EPA promulgated a rule to address regional haze on July 1, 1999 (64 FR 35714), the Regional Haze Rule. The Regional Haze Rule revised the existing visibility regulations to integrate into the regulation provisions addressing regional haze impairment and established a comprehensive visibility protection program for Class I areas. On July 10, 2014, EPA approved Connecticut’s initial Regional Haze plan into the SIP. See 79 FR 39322. Specifically, as part of the approval, EPA approved into the Connecticut SIP Connecticut’s legislation to reduce the sulfur in fuel content of home heating oil.2 3 EPA also approved Regulations of Connecticut State Agencies (RCSA) Section 22a–174–19a (Sec–19a) ‘‘Control of Sulfur Dioxide Emissions from Power Plants and other Large Stationary Sources of Air Pollution’’ in the July 2014 rulemaking. Sec–19a limits the sulfur in fuel oil content used in any emission unit subject to the provisions of RCSA section 22a–174– 22b, the Post-2002 Nitrogen Oxides Budget Program. The emission units regulated by the Post-2002 Nitrogen Oxides Budget Program are baseline electricity generating units, cogeneration units, industrial units, and new electricity generating units. The Connecticut Department of Energy and Environmental Protection (CT–DEEP) has now submitted a SIP revision concerning the sulfur content of fuel oils burned in stationary sources not subject to Sec–19a. This revision supplements the State’s earlier approved Regional Haze plan in that the revision will result in additional reductions of sulfur dioxide (SO2) emissions (but was not legally required in order for EPA to have earlier approved Connecticut’s Regional Haze plan). II. Connecticut’s SIP Revision On April 22, 2014, CT–DEEP submitted to EPA new RCSA section 22a–174–19b (Sec–19b) ‘‘Fuel Sulfur content Limitations for Stationary 2 Connecticut General Statute Title 16a–21a effective June 2, 2008 in part limits the sulfur content of number two heating oil to 500 parts per million (ppm) as of the date on which the last of the states of New York, Massachusetts, and Rhode Island made this requirement effective. The fuel sulfur limit became effective in these three states as of July 1, 2014. 3 Sulfates play a major role in the formation of Regional Haze in the Northeast. (See the Northeast States for Coordinated Air Use Management (NESCAUM) document Contributions to Regional Haze in the Northeast and Mid-Atlantic United States, August 2006) E:\FR\FM\25MYR1.SGM 25MYR1 33136 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations Sources,’’ revisions to SIP-approved RCSA section 22a–174–19 (Sec–19) ‘‘Control of Sulfur Compound Emissions,’’ revisions to SIP-approved RCSA section 22a–174–19a ‘‘Control of Sulfur Dioxide Emissions from Power Plants and Other Large Stationary Sources of Air Pollution,’’ and RSCA section 19–174–5 ‘‘Methods for Sampling, Emission Testing, and Reporting.’’ Supplemental revisions to Sec–19a and Sec–19b were submitted to EPA on June 18, 2015 and September 25, 2015, respectively. III. EPA’s Evaluation of Connecticut’s SIP Revision a. New Section 22a–174–19b ‘‘Fuel Sulfur Content Limitations for Stationary Sources’’ The new Sec–19b applies to any person who, on or after July 1, 2014, sells, supplies, offers for sale, stores, delivers or exchanges in trade, in the state of Connecticut, any fuel for combustion in a stationary source not subject to Sec-19a and to any person who, on or after July 1, 2014, combusts any fuel in a stationary source (not subject to section Sec–19a within the State of Connecticut.) Under Sec–19b, the sulfur in fuel oil limits, in parts per million (ppm), for affected sources are: MAXIMUM FUEL SULFUR CONTENT, BY WEIGHT Fuel type Effective July 1, 2014 through June 30, 2018 Distillate fuel oil or distillate fuel oil blended with biodiesel fuel ................................... Residual oil or residual oil blended with biodiesel ........................................................ Aviation fuel combusted in a stationary source ............................................................ Kerosene ........................................................................................................................ 500 ppm (0.05%) ............... 10,000 ppm (1.0%) ............ 3,000 ppm (0.3%) .............. 400 ppm (0.04%) ............... Lhorne on DSK30JT082PROD with RULES An exemption from the requirements of Sec 19b extends to: (1) Any person combusting fuel in fuel-burning equipment undergoing testing as part of a research and development operation; (2) fuel stored in the state of Connecticut that meets any of the applicable sulfur content limitations at the time it is stored; (3) any fuel stored in Connecticut for shipment, sale or use outside of the State; and (4) to any person who sells, supplies, offers for sale, stores for sale or combusts number two heating oil (home heating oil) subject to the sulfur content limitations of section 16a–21a of the Connecticut General Statutes. EPA finds that the revised sulfur in fuel limits for stationary sources adopted in Sec–19b are more stringent than the State’s current SIP-approved requirements and will aid in the overall reduction of SO2 emissions from sources not already subject to limits under Sec– 19a or of the Connecticut General Statutes. Therefore, EPA is approving Sec–19b. b. Revisions to Section 22a–174–19 ‘‘Control of Sulfur Compound Emissions’’ Sec–19 (previously codified as section 19–508–19 of Connecticut’s regulations) was approved into the Connecticut SIP on November 18, 1981. See 46 FR 56612. The revisions to Sec–19 included in Connecticut’s April 22, 2014 submittal consist of: (1) The removal of Section 22a–174–19(a), ‘‘Fuel combustion’’; (2) revising the term ‘‘sulfur oxides’’ to ‘‘sulfur compound, expressed as sulfur dioxide;’’ and (3) two other minor edits (‘‘0 85’’ is revised to ‘‘0.85’’ and ‘‘0 77’’ is revised to ‘‘0.77’’) throughout the remainder of Sec–19. The previously SIP-approved VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 section Sec–19(a) limited the sale, storage, and use of fuel which contains sulfur in excess of a maximum of one percent (1%) by weight. Revised Sec–19 now only applies to sulfuric acid plants, sulfur recovery plants, nonferrous smelters, sulfite pulp mills, and other process sources. The Clean Air Act (CAA) section 110(l) provides that EPA shall not approve any implementation plan revision if it would interfere with any applicable requirement concerning attainment and reasonable progress, or any other applicable requirement of the CAA, i.e., demonstrate anti-backsliding. EPA finds that the requirements of the removed Sec–19(a) ‘‘Fuel combustion’’ are maintained and incorporated in a more stringent manner into the combination of the more stringent revised Sec–19a ‘‘Control of Sulfur Dioxide Emissions from Power Plants and Other Large Stationary Sources of Air Pollution’’ and the new Sec–19b ‘‘Fuel Sulfur content Limitations for Stationary Sources.’’ Therefore, the antibacksliding requirements of section 110(l) have been met. In addition, the revision of the term ‘‘sulfur oxides’’ to ‘‘sulfur compound, expressed as sulfur dioxide’’ is consistent with the previous definition of ‘‘sulfur oxides’’ found in the removed Sec–19(a). For all of the reasons above, EPA is approving Connecticut’s revised Sec–19. c. Revisions to Section 22a–174–19a ‘‘Control of Sulfur Dioxide Emissions from Power Plants and Other Large Stationary Sources of Air Pollution’’ Sec–19a was approved into the Connecticut SIP on July 10, 2014. See 79 FR 39322. The revisions to Sec–19a included in Connecticut’s April 22, 2014 submittal consist of: (1) The PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Effective on and after July 1, 2018 15 ppm (0.0015%). 3,000 ppm (0.3%). 3,000 ppm (0.3%). 15 ppm (0.0015%). removal of section Sec–19a(c) sulfur dioxide emission standards and fuel sulfur limits effective on and after January 1, 2002; (2) in Sec–19a(e), the removal of a specified January 1, 2003 effective date; and (3) in Sec–19a(i), the allowance of more recent versions of the American Society for Testing and Materials (ASTM) test method D4294 and automatic sampling equipment conformance to ASTM test method D4177–82 or a more recent version of the same method. Our action to remove two of these Connecticut SIP requirements, and revise the third, is discussed below. The sulfur in fuel limit (0.5% sulfur, by weight) and emission limit (0.55 pound SO2 per MMBTU) required on or after January 1, 2002 by the removed Sec–19a(c) have been superseded by the more stringent fuel limits (0.3% sulfur, by weight) and emission limit (0.33 pound SO2 per MMBtu) required under Sec–19(e) which we are approving into the SIP. Similarly, Sec–19a(e) has been revised to remove the reference to a January 1, 2003 commencement date in relation to sulfur limits that are being removed from the SIP. Revised Sec–19a(i), which we are approving into the SIP, updates the record keeping requirements to allow the use of more recent versions of approved ASTM test methods and requires the owners and operators of the affected units to maintain all sulfur in fuel records on premises for five years. The previous version dictated that records need not be maintained for distillate oil, motor vehicle fuel, aircraft fuel, or gaseous fuel provided such fuels which had a sulfur content below 0.3% by weight. The version we are approving in this action corrects these omissions. E:\FR\FM\25MYR1.SGM 25MYR1 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations Connecticut’s revised Section 19a removes outdated requirements while maintaining the same level of SO2 control as the previous SIP-approved version. Therefore, the CAA’s Section 110(l) anti-backsliding requirement has been met. In addition, EPA finds it appropriate to update the testing and sampling methods to conform to a more recent test method. EPA also finds it appropriate for the above-referenced records to be maintained. Therefore, EPA is approving Connecticut’s revised Sec–19a. Lhorne on DSK30JT082PROD with RULES d. Revisions to Section 22a–174–5 ‘‘Methods for Sampling, Emission Testing, and Reporting’’ Section 22a–174–5 (previously codified as Section 19–508–5 of Connecticut’s regulations) was approved into the Connecticut SIP on August 28, 1981. See 46 FR 43418. Section 22a– 174–5(b)(1) was subsequently revised by Connecticut to allow analysis for the sulfur content of liquid fuels to be done according to the American Society for Testing and Materials method D7039. EPA is approving the minor revision to Section 22a–174–5(b)(1) because EPA concurs that it should be an allowable method of analysis. IV. Final Action EPA is approving, and incorporating into the Connecticut SIP, the Regulations of Connecticut State Agencies Section 22a–174–19 (as amended and described in Section III.b., above), Section 22a–174–19a(e), Section 22a–174–19a(i), Section 22a–174–19b, and Section 22a–174–5(b)(1), all as published in the Connecticut Law Journal on June 24, 2014. EPA is also removing, without replacement, Section 22a–19a(c), which was previously approved into the SIP. See 40 CFR Section 52.370 (c)(103)(i)(A)(1). The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should relevant adverse comments be filed. This rule will be effective July 25, 2016 without further notice unless the Agency receives relevant adverse comments by June 24, 2016. If the EPA receives such comments, then EPA will publish a notice withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on July 25, 2016 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. V. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Regulations of Connecticut State Agencies described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 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, this 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.); PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 33137 • 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 monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Regional haze, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: November 5, 2015. H. Curtis Spalding, Regional Administrator, EPA New England. 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 et seq. Subpart H—Connecticut 2. Section 52.370 is amended by redesignating paragraph (c)(103)(i)(A)(2) ■ E:\FR\FM\25MYR1.SGM 25MYR1 33138 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations as (c)(103)(i)(A)(3), adding a new paragraph (c)(103)(i)(A)(2), and adding paragraph (c)(111) to read as follows: § 52.370 Identification of plan. * * * * * (c) * * * (103) * * * (i) * * * (A) * * * (2) Section 22a–174–19a(c) which was approved in paragraph (c)(103)(i)(A)(1), is removed without replacement; see paragraph (c)(111)(i)(B). * * * * * (111) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on April 22, 2014. (i) Incorporation by reference. (A) Amendments to Regulations of Connecticut State Agencies (RCSA) as published in the Connecticut Law Journal on June 24, 2014, effective April 15, 2014. (1) Revised Section 22a–174–19. (2) Revised Section 22a–174–19a(e). (3) Revised Section 22a–174–19a(i). (4) Section 22a–174–19b with the exception of subsection (e), which was not submitted by the State. (5) Revised Section 22a–174–5(b)(1). (B) RCSA Section 22a–174–19a(c) which was approved in paragraph (c)(103)(i)(A)(1), is removed without replacement. (ii) Additional materials. [Reserved] 3. In § 52.385, Table 52.385 is amended by adding a new entry for state citation 22a–174–5; adding a new entry for state citation 22a–174–19; revising the entry for 22a–174–19a; and adding an entry for state citation 22a–174–19b in numerical order to read as follows: ■ § 52.385 EPA-approved Connecticut regulations. * * * * * TABLE 52.385—EPA-APPROVED REGULATIONS Dates Connecticut state citation Title/subject * 22a–174–5 .......... * Methods for sampling, emission testing, sample analysis and reporting * 4/15/14 * 5/25/16 * 22a–174–19 ........ * Control of Sulfur Compound Emissions. * 4/15/14 * 5/25/16 * 22a–174–19a ...... * Control of sulfur dioxide emissions from power plants and other large stationary sources of air pollution. * 12/28/00 * 7/10/14 * 79 FR 39322 ....... 22a–174–19a ...... Control of sulfur dioxide emissions from power plants and other stationary sources of air pollution. Fuel Sulfur Content Limitations for Stationary Sources. 4/15/14 5/25/16 [Insert Federal Register citation]. (c)(111) .. 4/15/14 5/25/16 [Insert Federal Register citation]. (c)(111) .. Lhorne on DSK30JT082PROD with RULES 22a–174–19b ...... * VerDate Sep<11>2014 Date adopted by state * 14:51 May 24, 2016 Date approved by EPA * Jkt 238001 PO 00000 Federal Register citation Fmt 4700 Comments/description * [Insert Federal Register citation] (c)(111) .. * [Insert Federal Register citation]. * Frm 00016 Section 52.370 (c)(111) .. (c)(103) .. * Revision to 5(b)(1). E:\FR\FM\25MYR1.SGM * 22a–174– * * Revises section 22a–174–19. * * Approves the sulfur dioxide emission standards and fuel sulfur limits for units subject to the CT NOX 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). Section 22a–174–19a(c) was repealed by the State of Connecticut effective April 15, 2014 and removed from the SIP without replacement effective May 25, 2016. Withdraws section 22a–174–19a(c) previously approved in paragraph 52.370(c)(103) and revises sections 22a–174–19a(e) and 22a– 174–19a(i). Addition of a new regulation with the exception of subsection (e) which was not submitted by the State. * Sfmt 4700 section * 25MYR1 * Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations [FR Doc. 2016–12120 Filed 5–24–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2015–0798; FRL–9946–77– Region 4] Air Plan Disapprovals; MS; Prong 4– 2008 Ozone, 2010 NO2, SO2, and 2012 PM2.5 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to disapprove the visibility transport (prong 4) portions of revisions to the Mississippi State Implementation Plan (SIP), submitted by the Mississippi Department of Environmental Quality (MDEQ), addressing the Clean Air Act (CAA or Act) infrastructure SIP requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide (NO2), 2010 1-hour Sulfur Dioxide (SO2), and 2012 annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, commonly referred to as an ‘‘infrastructure SIP.’’ Specifically, EPA is disapproving the prong 4 portions of Mississippi’s May 29, 2012; July 26, 2012; February 28, 2013; June 20, 2013; and December 8, 2015, infrastructure SIP submissions. All other applicable infrastructure requirements for these SIP submissions have been or will be addressed in separate rulemakings. DATES: This rule will be effective June 24, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2015–0798. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information 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 through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Lhorne on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 14:51 May 24, 2016 Jkt 238001 Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. 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 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Mr. Lakeman can be reached by telephone at (404) 562–9043 or via electronic mail at lakeman.sean@epa.gov. SUPPLEMENTARY INFORMATION: I. Background By statute, SIPs meeting the requirements of sections 110(a)(1) and (2) of the CAA are to be submitted by states within three years after promulgation of a new or revised NAAQS to provide for the implementation, maintenance, and enforcement of the new or revised NAAQS. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of sections 110(a)(1) and 110(a)(2) as ‘‘infrastructure SIP’’ submissions. Sections 110(a)(1) and (2) require states to address basic SIP elements such as the requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the newly established or revised NAAQS. More specifically, section 110(a)(1) provides the procedural and timing requirements for infrastructure SIPs. Section 110(a)(2) lists specific elements that states must meet for the infrastructure SIP requirements related to a newly established or revised NAAQS. The contents of an infrastructure SIP submission may vary depending upon the data and analytical tools available to the state, as well as the provisions already contained in the state’s implementation plan at the time in which the state develops and submits the submission for a new or revised NAAQS. Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct components, commonly referred to as ‘‘prongs,’’ that must be addressed in infrastructure SIP PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 33139 submissions. The first two prongs, which are codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS in another state (prong 1) and from interfering with maintenance of the NAAQS in another state (prong 2). The third and fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state (prong 3) or from interfering with measures to protect visibility in another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to include provisions insuring compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement. In a notice of proposed rulemaking (NPRM) published on March 22, 2016 (81 FR 15205), EPA proposed to disapprove the prong 4 portions of Mississippi’s infrastructure SIP submissions for the 2008 8-hour Ozone, 2010 1-hour NO2, 2010 1-hour SO2, and 2012 annual PM2.5 NAAQS. The details of Mississippi’s submissions and the rationale for EPA’s actions are explained in the NPRM. Comments on the proposed rulemaking were due on or before April 21, 2016. EPA received no comments on the NPRM. II. Final Action EPA is taking final action to disapprove the prong 4 portions of Mississippi’s May 29, 2012, 2008 8-hour Ozone infrastructure SIP submission; July 26, 2012, 2008 8-hour Ozone infrastructure SIP resubmission; February 28, 2013, 2010 1-hour NO2 infrastructure SIP submission; June 20, 2013, 2010 1-hour SO2 infrastructure SIP submission; and December 8, 2015, 2012 annual PM2.5 infrastructure SIP submission. All other outstanding applicable infrastructure requirements for these SIP submissions have been or will be addressed in separate rulemakings. III. Statutory and Executive Order Reviews Under the CAA, 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 CAA. This action disapproves the prong 4 portions of the aforementioned SIP submissions as not meeting Federal E:\FR\FM\25MYR1.SGM 25MYR1

Agencies

[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33134-33139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12120]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0364; A-1-FRL-9939-63-Region 1]


Air Plan Approval; Connecticut; Sulfur Content of Fuel Oil Burned 
in Stationary Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of 
Connecticut on April 22, 2014, with supplemental submittals on June 18, 
2015 and September 25, 2015. This revision establishes sulfur in fuel 
oil content limits for use in stationary sources. In addition, the 
submittal includes a revision to the sampling and emission testing 
methods for the sulfur content in liquid fuels. The intended effect of 
this action is to approve these requirements into the Connecticut SIP. 
This action is being taken under the Clean Air Act.

DATES: This direct final rule will be effective July 25, 2016, unless 
EPA receives adverse comments by June 24, 2016. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0364 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: Docket Identification Number EPA-R01-OAR-2014-0364, Anne 
Arnold, U.S. Environmental Protection Agency, EPA New England Regional 
Office, Office of Ecosystem Protection, 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, U.S. Environmental Protection 
Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, 5 Post Office Square--Suite 100, (mail code OEP05-2), 
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

[[Page 33135]]

Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2014-0364. 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'' system, 
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.
    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 U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 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.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency; Bureau of Air Management, Department of Energy and 
Environmental Protection, State Office Building, 79 Elm Street, 
Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), 
Boston, MA 02109-3912, telephone (617) 918-1697, facsimile (617) 918-
0697, email mcwilliams.anne@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Connecticut's SIP Revision
III. EPA's Evaluation of Connecticut's SIP Revision
    a. New Section 22a-174-19b ``Fuel Sulfur Content Limitations for 
Stationary Sources''
    b. Revisions to Section 22a-174-19 ``Control of Sulfur Compound 
Emissions''
    c. Revisions to Section 22a-174-19a ``Control of Sulfur Dioxide 
Emissions From Power Plants and Other Large Stationary Sources of 
Air Pollution''
    d. Revisions to Section 22a-174-5 (previously codified as 
Section 19-508-5) ``Methods for Sampling, Emission Testing, and 
Reporting''
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    In section 169A(a)(1) of the 1977 Amendments to the Clean Air Act 
(CAA), Congress created a program for protecting visibility in the 
nation's national parks and wilderness areas. This section of the CAA 
establishes as a national goal the ``prevention of any future, and the 
remedying of any existing, impairment of visibility in mandatory Class 
I Federal areas \1\ which impairment results from manmade air 
pollution.'' Congress added section 169B to the CAA in 1990 to address 
regional haze issues. EPA promulgated a rule to address regional haze 
on July 1, 1999 (64 FR 35714), the Regional Haze Rule. The Regional 
Haze Rule revised the existing visibility regulations to integrate into 
the regulation provisions addressing regional haze impairment and 
established a comprehensive visibility protection program for Class I 
areas.
---------------------------------------------------------------------------

    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
In accordance with section 169A of the CAA, EPA, in consultation 
with the Department of Interior, promulgated a list of 156 areas 
where visibility is identified as an important value (44 FR 69122, 
November 30, 1979). The extent of a mandatory Class I area includes 
subsequent changes in boundaries, such as park expansions (42 U.S.C. 
7472(a)).
---------------------------------------------------------------------------

    On July 10, 2014, EPA approved Connecticut's initial Regional Haze 
plan into the SIP. See 79 FR 39322. Specifically, as part of the 
approval, EPA approved into the Connecticut SIP Connecticut's 
legislation to reduce the sulfur in fuel content of home heating 
oil.\2\ \3\ EPA also approved Regulations of Connecticut State Agencies 
(RCSA) Section 22a-174-19a (Sec-19a) ``Control of Sulfur Dioxide 
Emissions from Power Plants and other Large Stationary Sources of Air 
Pollution'' in the July 2014 rulemaking. Sec-19a limits the sulfur in 
fuel oil content used in any emission unit subject to the provisions of 
RCSA section 22a-174-22b, the Post-2002 Nitrogen Oxides Budget Program. 
The emission units regulated by the Post-2002 Nitrogen Oxides Budget 
Program are baseline electricity generating units, cogeneration units, 
industrial units, and new electricity generating units.
---------------------------------------------------------------------------

    \2\ Connecticut General Statute Title 16a-21a effective June 2, 
2008 in part limits the sulfur content of number two heating oil to 
500 parts per million (ppm) as of the date on which the last of the 
states of New York, Massachusetts, and Rhode Island made this 
requirement effective. The fuel sulfur limit became effective in 
these three states as of July 1, 2014.
    \3\ Sulfates play a major role in the formation of Regional Haze 
in the Northeast. (See the Northeast States for Coordinated Air Use 
Management (NESCAUM) document Contributions to Regional Haze in the 
Northeast and Mid-Atlantic United States, August 2006)
---------------------------------------------------------------------------

    The Connecticut Department of Energy and Environmental Protection 
(CT-DEEP) has now submitted a SIP revision concerning the sulfur 
content of fuel oils burned in stationary sources not subject to Sec-
19a. This revision supplements the State's earlier approved Regional 
Haze plan in that the revision will result in additional reductions of 
sulfur dioxide (SO2) emissions (but was not legally required 
in order for EPA to have earlier approved Connecticut's Regional Haze 
plan).

II. Connecticut's SIP Revision

    On April 22, 2014, CT-DEEP submitted to EPA new RCSA section 22a-
174-19b (Sec-19b) ``Fuel Sulfur content Limitations for Stationary

[[Page 33136]]

Sources,'' revisions to SIP-approved RCSA section 22a-174-19 (Sec-19) 
``Control of Sulfur Compound Emissions,'' revisions to SIP-approved 
RCSA section 22a-174-19a ``Control of Sulfur Dioxide Emissions from 
Power Plants and Other Large Stationary Sources of Air Pollution,'' and 
RSCA section 19-174-5 ``Methods for Sampling, Emission Testing, and 
Reporting.'' Supplemental revisions to Sec-19a and Sec-19b were 
submitted to EPA on June 18, 2015 and September 25, 2015, respectively.

III. EPA's Evaluation of Connecticut's SIP Revision

a. New Section 22a-174-19b ``Fuel Sulfur Content Limitations for 
Stationary Sources''

    The new Sec-19b applies to any person who, on or after July 1, 
2014, sells, supplies, offers for sale, stores, delivers or exchanges 
in trade, in the state of Connecticut, any fuel for combustion in a 
stationary source not subject to Sec-19a and to any person who, on or 
after July 1, 2014, combusts any fuel in a stationary source (not 
subject to section Sec-19a within the State of Connecticut.) Under Sec-
19b, the sulfur in fuel oil limits, in parts per million (ppm), for 
affected sources are:

                                     Maximum Fuel Sulfur Content, by Weight
----------------------------------------------------------------------------------------------------------------
                                     Effective July 1, 2014 through June
            Fuel type                             30, 2018                  Effective on and after July 1, 2018
----------------------------------------------------------------------------------------------------------------
Distillate fuel oil or distillate  500 ppm (0.05%).......................  15 ppm (0.0015%).
 fuel oil blended with biodiesel
 fuel.
Residual oil or residual oil       10,000 ppm (1.0%).....................  3,000 ppm (0.3%).
 blended with biodiesel.
Aviation fuel combusted in a       3,000 ppm (0.3%)......................  3,000 ppm (0.3%).
 stationary source.
Kerosene.........................  400 ppm (0.04%).......................  15 ppm (0.0015%).
----------------------------------------------------------------------------------------------------------------

    An exemption from the requirements of Sec 19b extends to: (1) Any 
person combusting fuel in fuel-burning equipment undergoing testing as 
part of a research and development operation; (2) fuel stored in the 
state of Connecticut that meets any of the applicable sulfur content 
limitations at the time it is stored; (3) any fuel stored in 
Connecticut for shipment, sale or use outside of the State; and (4) to 
any person who sells, supplies, offers for sale, stores for sale or 
combusts number two heating oil (home heating oil) subject to the 
sulfur content limitations of section 16a-21a of the Connecticut 
General Statutes.
    EPA finds that the revised sulfur in fuel limits for stationary 
sources adopted in Sec-19b are more stringent than the State's current 
SIP-approved requirements and will aid in the overall reduction of 
SO2 emissions from sources not already subject to limits 
under Sec-19a or of the Connecticut General Statutes. Therefore, EPA is 
approving Sec-19b.

b. Revisions to Section 22a-174-19 ``Control of Sulfur Compound 
Emissions''

    Sec-19 (previously codified as section 19-508-19 of Connecticut's 
regulations) was approved into the Connecticut SIP on November 18, 
1981. See 46 FR 56612. The revisions to Sec-19 included in 
Connecticut's April 22, 2014 submittal consist of: (1) The removal of 
Section 22a-174-19(a), ``Fuel combustion''; (2) revising the term 
``sulfur oxides'' to ``sulfur compound, expressed as sulfur dioxide;'' 
and (3) two other minor edits (``0 85'' is revised to ``0.85'' and ``0 
77'' is revised to ``0.77'') throughout the remainder of Sec-19. The 
previously SIP-approved section Sec-19(a) limited the sale, storage, 
and use of fuel which contains sulfur in excess of a maximum of one 
percent (1%) by weight. Revised Sec-19 now only applies to sulfuric 
acid plants, sulfur recovery plants, nonferrous smelters, sulfite pulp 
mills, and other process sources.
    The Clean Air Act (CAA) section 110(l) provides that EPA shall not 
approve any implementation plan revision if it would interfere with any 
applicable requirement concerning attainment and reasonable progress, 
or any other applicable requirement of the CAA, i.e., demonstrate anti-
backsliding. EPA finds that the requirements of the removed Sec-19(a) 
``Fuel combustion'' are maintained and incorporated in a more stringent 
manner into the combination of the more stringent revised Sec-19a 
``Control of Sulfur Dioxide Emissions from Power Plants and Other Large 
Stationary Sources of Air Pollution'' and the new Sec-19b ``Fuel Sulfur 
content Limitations for Stationary Sources.'' Therefore, the anti-
backsliding requirements of section 110(l) have been met. In addition, 
the revision of the term ``sulfur oxides'' to ``sulfur compound, 
expressed as sulfur dioxide'' is consistent with the previous 
definition of ``sulfur oxides'' found in the removed Sec-19(a). For all 
of the reasons above, EPA is approving Connecticut's revised Sec-19.

c. Revisions to Section 22a-174-19a ``Control of Sulfur Dioxide 
Emissions from Power Plants and Other Large Stationary Sources of Air 
Pollution''

    Sec-19a was approved into the Connecticut SIP on July 10, 2014. See 
79 FR 39322. The revisions to Sec-19a included in Connecticut's April 
22, 2014 submittal consist of: (1) The removal of section Sec-19a(c) 
sulfur dioxide emission standards and fuel sulfur limits effective on 
and after January 1, 2002; (2) in Sec-19a(e), the removal of a 
specified January 1, 2003 effective date; and (3) in Sec-19a(i), the 
allowance of more recent versions of the American Society for Testing 
and Materials (ASTM) test method D4294 and automatic sampling equipment 
conformance to ASTM test method D4177-82 or a more recent version of 
the same method. Our action to remove two of these Connecticut SIP 
requirements, and revise the third, is discussed below.
    The sulfur in fuel limit (0.5% sulfur, by weight) and emission 
limit (0.55 pound SO2 per MMBTU) required on or after 
January 1, 2002 by the removed Sec-19a(c) have been superseded by the 
more stringent fuel limits (0.3% sulfur, by weight) and emission limit 
(0.33 pound SO2 per MMBtu) required under Sec-19(e) which we 
are approving into the SIP. Similarly, Sec-19a(e) has been revised to 
remove the reference to a January 1, 2003 commencement date in relation 
to sulfur limits that are being removed from the SIP.
    Revised Sec-19a(i), which we are approving into the SIP, updates 
the record keeping requirements to allow the use of more recent 
versions of approved ASTM test methods and requires the owners and 
operators of the affected units to maintain all sulfur in fuel records 
on premises for five years. The previous version dictated that records 
need not be maintained for distillate oil, motor vehicle fuel, aircraft 
fuel, or gaseous fuel provided such fuels which had a sulfur content 
below 0.3% by weight. The version we are approving in this action 
corrects these omissions.

[[Page 33137]]

    Connecticut's revised Section 19a removes outdated requirements 
while maintaining the same level of SO2 control as the 
previous SIP-approved version. Therefore, the CAA's Section 110(l) 
anti-backsliding requirement has been met. In addition, EPA finds it 
appropriate to update the testing and sampling methods to conform to a 
more recent test method. EPA also finds it appropriate for the above-
referenced records to be maintained. Therefore, EPA is approving 
Connecticut's revised Sec-19a.

d. Revisions to Section 22a-174-5 ``Methods for Sampling, Emission 
Testing, and Reporting''

    Section 22a-174-5 (previously codified as Section 19-508-5 of 
Connecticut's regulations) was approved into the Connecticut SIP on 
August 28, 1981. See 46 FR 43418. Section 22a-174-5(b)(1) was 
subsequently revised by Connecticut to allow analysis for the sulfur 
content of liquid fuels to be done according to the American Society 
for Testing and Materials method D7039. EPA is approving the minor 
revision to Section 22a-174-5(b)(1) because EPA concurs that it should 
be an allowable method of analysis.

IV. Final Action

    EPA is approving, and incorporating into the Connecticut SIP, the 
Regulations of Connecticut State Agencies Section 22a-174-19 (as 
amended and described in Section III.b., above), Section 22a-174-
19a(e), Section 22a-174-19a(i), Section 22a-174-19b, and Section 22a-
174-5(b)(1), all as published in the Connecticut Law Journal on June 
24, 2014. EPA is also removing, without replacement, Section 22a-
19a(c), which was previously approved into the SIP. See 40 CFR Section 
52.370 (c)(103)(i)(A)(1).
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective July 
25, 2016 without further notice unless the Agency receives relevant 
adverse comments by June 24, 2016.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on July 25, 2016 and no further action will be 
taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Regulations of Connecticut State Agencies described in the amendments 
to 40 CFR part 52 set forth below. The EPA has made, and will continue 
to make, these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

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, this 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 monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Regional haze, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 5, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart H--Connecticut

0
2. Section 52.370 is amended by redesignating paragraph 
(c)(103)(i)(A)(2)

[[Page 33138]]

as (c)(103)(i)(A)(3), adding a new paragraph (c)(103)(i)(A)(2), and 
adding paragraph (c)(111) to read as follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (103) * * *
    (i) * * *
    (A) * * *
    (2) Section 22a-174-19a(c) which was approved in paragraph 
(c)(103)(i)(A)(1), is removed without replacement; see paragraph 
(c)(111)(i)(B).
* * * * *
    (111) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on April 
22, 2014.
    (i) Incorporation by reference.
    (A) Amendments to Regulations of Connecticut State Agencies (RCSA) 
as published in the Connecticut Law Journal on June 24, 2014, effective 
April 15, 2014.
    (1) Revised Section 22a-174-19.
    (2) Revised Section 22a-174-19a(e).
    (3) Revised Section 22a-174-19a(i).
    (4) Section 22a-174-19b with the exception of subsection (e), which 
was not submitted by the State.
    (5) Revised Section 22a-174-5(b)(1).
    (B) RCSA Section 22a-174-19a(c) which was approved in paragraph 
(c)(103)(i)(A)(1), is removed without replacement.
    (ii) Additional materials. [Reserved]

0
3. In Sec.  52.385, Table 52.385 is amended by adding a new entry for 
state citation 22a-174-5; adding a new entry for state citation 22a-
174-19; revising the entry for 22a-174-19a; and adding an entry for 
state citation 22a-174-19b in numerical order to read as follows:


Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Dates
                                                        --------------------------------   Federal Register
    Connecticut state citation         Title/subject      Date adopted    Date approved        citation        Section  52.370    Comments/description
                                                            by state         by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
22a-174-5........................  Methods for                  4/15/14         5/25/16  [Insert Federal      (c)(111)........  Revision to section 22a-
                                    sampling, emission                                    Register citation]                     174-5(b)(1).
                                    testing, sample
                                    analysis and
                                    reporting
 
                                                                      * * * * * * *
22a-174-19.......................  Control of Sulfur            4/15/14         5/25/16  [Insert Federal      (c)(111)........  Revises section 22a-174-
                                    Compound Emissions.                                   Register citation].                    19.
 
                                                                      * * * * * * *
22a-174-19a......................  Control of sulfur           12/28/00         7/10/14  79 FR 39322........  (c)(103)........  Approves the sulfur
                                    dioxide emissions                                                                            dioxide emission
                                    from power plants                                                                            standards and fuel
                                    and other large                                                                              sulfur limits for units
                                    stationary sources                                                                           subject to the CT NOX
                                    of air pollution.                                                                            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).
                                                                                                                                Section 22a-174-19a(c)
                                                                                                                                 was repealed by the
                                                                                                                                 State of Connecticut
                                                                                                                                 effective April 15,
                                                                                                                                 2014 and removed from
                                                                                                                                 the SIP without
                                                                                                                                 replacement effective
                                                                                                                                 May 25, 2016.
22a-174-19a......................  Control of sulfur            4/15/14         5/25/16  [Insert Federal      (c)(111)........  Withdraws section 22a-
                                    dioxide emissions                                     Register citation].                    174-19a(c) previously
                                    from power plants                                                                            approved in paragraph
                                    and other                                                                                    52.370(c)(103) and
                                    stationary sources                                                                           revises sections 22a-
                                    of air pollution.                                                                            174-19a(e) and 22a-174-
                                                                                                                                 19a(i).
22a-174-19b......................  Fuel Sulfur Content          4/15/14         5/25/16  [Insert Federal      (c)(111)........  Addition of a new
                                    Limitations for                                       Register citation].                    regulation with the
                                    Stationary Sources.                                                                          exception of subsection
                                                                                                                                 (e) which was not
                                                                                                                                 submitted by the State.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 33139]]

[FR Doc. 2016-12120 Filed 5-24-16; 8:45 am]
 BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.