Approval and Promulgation of Air Quality Implementation Plans; Connecticut; VOC Regulations and One-Hour Ozone Attainment Demonstration Shortfall, 51792-51793 [06-7311]

Download as PDF 51792 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules encourages states to develop their own plan, or to request delegation of the Federal plan, as NJDEP has done. E. What Guidance Did EPA Use To Evaluate NJDEP’s Delegation Request? EPA evaluated NJDEP’s request for delegation of the three Federal plans pursuant to EPA’s Delegation Manual. Under EPA’s Delegation Manual, item 7–139, the Regional Administrator is authorized to delegate implementation and enforcement of sections 111(d)/129 Federal plans to state environmental agencies. The requirements and limitations of a delegation agreement are defined in item 7–139. The Regional Administrator may consider delegating authority to implement and enforce Federal plans to a state provided all of the following conditions are met by the state: (1) The state does not already have an EPA approved State plan; (2) the state has submitted a written request for delegation authority and has demonstrated that it has satisfied EPA’s criteria for delegation including, at a minimum, a demonstration of adequate resources and legal and enforcement authority to administer and enforce the Federal plan at issue; and (3) the state has entered into a MOA with the Regional Administrator that sets forth the terms, conditions and effective date of the delegation, and that serves as the mechanism for the transfer of authority. New Jersey met all of EPA’s delegation requirements. The reader may view New Jersey’s letter to EPA requesting delegation and the MOAs signed by both parties at the following Web site: www.regulations.gov. erjones on PROD1PC72 with PROPOSALS II. What Is EPA’s Conclusion? EPA has evaluated New Jersey’s submittal for consistency with the Act, EPA regulations, and EPA policy. New Jersey has met all the requirements of EPA’s guidance for obtaining delegation of authority to implement and enforce the three Federal plans. New Jersey entered into a MOA with EPA and it became effective on May 15, 2006. Accordingly, EPA is proposing to approve New Jersey’s request dated May 13, 2005 for delegation of authority of the three Federal plans for existing sources of HMIWI, Small MWC and MSW Landfills. EPA will continue to retain enforcement authority along with NJDEP and EPA will continue to retain certain specific authorities reserved to EPA in individual Federal plans and as indicated in each MOA (e.g., authority to approve major alternatives to test methods or monitoring, etc). VerDate Aug<31>2005 12:18 Aug 30, 2006 Jkt 208001 III. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Act. This proposed rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Act. In this context, in the absence of a prior existing requirement for the PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 state to use voluntary consensus standards (VCS), EPA has no authority to disapprove plan submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a plan submission, to use VCS in place of a plan submission that otherwise satisfies the provisions of the Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Waste treatment and disposal. Authority: 42 U.S.C. 7401–7671q. Dated: August 21, 2006. Alan J. Steinberg, Regional Administrator, Region 2. [FR Doc. 06–7317 Filed 8–30–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2005–CT–0001; A–1–FRL– 8209–5] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; VOC Regulations and One-Hour Ozone Attainment Demonstration Shortfall Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: The EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from portable fuel containers, automotive refinishing operations, and gasoline dispensing facilities. The intended effect of this action is to propose approval of these requirements into the Connecticut SIP. This action also proposes approval of these control measures, along with a previously approved control measure, as fulfilling the shortfall in emission reductions identified in Connecticut’s one-hour ozone attainment demonstration SIP. E:\FR\FM\31AUP1.SGM 31AUP1 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules EPA is taking this action in accordance with the Clean Air Act (CAA). DATES: Written comments must be received on or before October 2, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R01– OAR–2005–CT–0001 by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: arnold.anne@epa.gov. 3. Fax: (617) 918–0047. 4. Mail: ‘‘EPA–R01–OAR–2005–CT– 0001,’’ Anne Arnold, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114–2023. 5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, Manager, Air Quality Planning Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, 11th floor, (CAQ), Boston, MA 02114–2023. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4, excluding legal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality Planning, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, 11th floor, (CAQ), Boston, MA 02114– 2023. Phone: 617–918–1664, Fax: (617) 918–0664, E-mail: burkhart.richard@epa.gov. In the Final Rules Section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting erjones on PROD1PC72 with PROPOSALS SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 12:18 Aug 30, 2006 Jkt 208001 on this action should do so at this time. 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. For additional information, see the direct final rule which is located in the Rules section of this Federal Register. Dated: July 31, 2006. Robert W. Varney, Regional Administrator, EPA New England. [FR Doc. 06–7311 Filed 8–30–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2006–0630; FRL–8215–8] Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Monitoring and Volatile Organic Compound Rules Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing full approval of some revisions and a limited approval/limited disapproval of other revisions to the Nevada Department of Conservation and Natural Resources portion of the Nevada State Implementation Plan (SIP). These revisions concern definitions, organic solvent controls, and various monitoring regulations. We are proposing action on state provisions that regulate emission sources under the Clean Air Act as amended in 1990 (Act or CAA). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by October 2, 2006. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2006–0630, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 51793 including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. 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. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415) 947– 4126. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What regulations did the State submit? B. What is the regulatory history of the Nevada SIP? C. What is the purpose of this proposed rule? II. EPA’s Evaluation and Action A. How is EPA evaluating the regulations? B. Do the regulations meet the evaluation criteria? C. What are the regulation deficiencies? D. EPA recommendations to further improve the regulations E. Proposed action and public comment III. Statutory and Executive Order Reviews I. The State’s Submittal A. What regulations did the State submit? The Governor’s designee, the Nevada Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP), submitted a large revision to the applicable state implementation plan (SIP) on January E:\FR\FM\31AUP1.SGM 31AUP1

Agencies

[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Proposed Rules]
[Pages 51792-51793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7311]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2005-CT-0001; A-1-FRL-8209-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; VOC Regulations and One-Hour Ozone Attainment 
Demonstration Shortfall

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to approve a State Implementation Plan 
(SIP) revision submitted by the State of Connecticut. This revision 
establishes requirements to reduce volatile organic compound (VOC) 
emissions from portable fuel containers, automotive refinishing 
operations, and gasoline dispensing facilities. The intended effect of 
this action is to propose approval of these requirements into the 
Connecticut SIP. This action also proposes approval of these control 
measures, along with a previously approved control measure, as 
fulfilling the shortfall in emission reductions identified in 
Connecticut's one-hour ozone attainment demonstration SIP.

[[Page 51793]]

EPA is taking this action in accordance with the Clean Air Act (CAA).

DATES: Written comments must be received on or before October 2, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2005-CT-0001 by one of the following methods:
    1. https://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: ``EPA-R01-OAR-2005-CT-0001,'' Anne Arnold, U.S. 
Environmental Protection Agency, EPA New England Regional Office, One 
Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114-2023.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4, excluding legal holidays.
    Please see the direct final rule which is located in the Rules 
section of this Federal Register for detailed instructions on how to 
submit comments.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning, Office of Ecosystem Protection, U.S. Environmental Protection 
Agency, EPA New England Regional Office, One Congress Street, 11th 
floor, (CAQ), Boston, MA 02114-2023. Phone: 617-918-1664, Fax: (617) 
918-0664, E-mail: burkhart.richard@epa.gov.

SUPPLEMENTARY INFORMATION: In the Final Rules Section of this Federal 
Register, EPA is approving the State's SIP submittal as a direct final 
rule without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the direct final 
rule. If no adverse comments are received in response to this rule, no 
further activity is contemplated. If EPA receives adverse comments, the 
direct final rule will be withdrawn and all public comments received 
will be addressed in a subsequent final rule based on this proposed 
rule. EPA will not institute a second comment period. Any parties 
interested in commenting on this action should do so at this time. 
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.
    For additional information, see the direct final rule which is 
located in the Rules section of this Federal Register.

    Dated: July 31, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. 06-7311 Filed 8-30-06; 8:45 am]
BILLING CODE 6560-50-P
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