Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Reasonably Available Control Technology Update To Address Control Techniques Guidelines Issued in 2006, 2007, and 2008, 32873-32876 [2014-13220]
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Federal Register / Vol. 79, No. 110 / Monday, June 9, 2014 / Rules and Regulations
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advance of intended transit.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF–FM marine band radio channels
13 and 16.
(3) The operator of any vessel within
or in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign, and
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign.
(c) Definitions. (1) Captain of the Port
North Carolina means the Commander,
Coast Guard Sector North Carolina or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the Captain of the Port to act on his
behalf.
(2) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
North Carolina to assist in enforcing the
safety zone described in paragraph (a) of
this section.
(3) Work supervisor means the
contractors on site representative.
(d) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This section
will be enforced daily 11 p.m. until 5
a.m., from July 19, 2014 through April
25, 2015 unless cancelled earlier by the
Captain of the Port.
Dated: May 19, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 2014–13309 Filed 6–6–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R01–OAR–2010–0460; A–1–FRL–
9904–73–Region–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut; Reasonably Available
Control Technology Update To
Address Control Techniques
Guidelines Issued in 2006, 2007, and
2008
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Connecticut.
The revisions establish Reasonably
Available Control Technology (RACT)
for several categories of volatile organic
compound (VOC) air emission sources.
The intended effect of this action is to
approve these requirements into the
Connecticut SIP. This action is being
taken in accordance with the Clean Air
Act (CAA).
DATES: This rule is effective on July 9,
2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2010–0460. All documents in the docket
are listed on the www.regulations.gov
Web site. 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 through
www.regulations.gov or in hard copy at
the Office of Ecosystem Protection, 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 to 4:30,
excluding legal holidays.
Copies of the documents relevant to
this action are also available for public
inspection during normal business
hours, by appointment at the Bureau of
Air Management, Department of Energy
and Environmental Protection, State
Office Building, 79 Elm Street, Hartford,
CT 06106–1630.
FOR FURTHER INFORMATION CONTACT:
David Mackintosh, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, New England Regional Office, 5
Post Office Square—Suite 100, (Mail
Code OEP05–02), Boston, MA 02109–
3912, telephone 617–918–1584,
facsimile 617–918–0584, email
mackintosh.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
SUMMARY:
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32873
Organization of this document: The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Connecticut’s Reasonably Available
Control Technology Updates
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 24, 2013 (78 FR 31459), EPA
published a Notice of Proposed
Rulemaking (NPR) for the State of
Connecticut. In that action, EPA
proposed approval of Connecticut’s
revisions to Section 22a–174–20
‘‘Control of Organic Compound
Emissions’’ and Connecticut’s newly
adopted Section 22a–174–40
‘‘Consumer Products’’ and Section 22a–
174–44 ‘‘Adhesives and Sealants.’’
These regulations address RACT for the
VOC source categories covered by
Control Technique Guidelines (CTGs)
issued by EPA in 2006, 2007, and 2008 1
and include requirements to reduce
VOC emissions from consumer products
based on the 2006 Ozone Transport
Commission (OTC) model rule. EPA
also proposed approval of the negative
declarations for the CTGs for which
Connecticut determined no applicable
sources exist in the State of Connecticut.
II. Connecticut’s Reasonably Available
Control Technology Updates
On February 1, 2008, Connecticut
submitted its consumer products
regulation to EPA as part of its 8-hour
Ozone Attainment Demonstration SIP
revision. Then, on November 18, 2008,
Connecticut submitted its adhesives and
sealants regulation as part of its Annual
Fine Particulate Matter (PM2.5)
Attainment Demonstration SIP revision.
On April 29, 2010, Connecticut
submitted a SIP revision that addressed
eight CTGs: Flexible package printing;
industrial cleaning solvents; large
appliance coatings; metal furniture
coatings; miscellaneous industrial
adhesives; offset lithographic printing
and letterpress printing; and paper, film
and foil coatings. At that time,
Connecticut also submitted negative
declarations for three CTGs: Automobile
and light-duty truck assembly coating;
fiberglass boat manufacturing; and flat
wood paneling coating. On November
21, 2012, Connecticut submitted a SIP
revision that addressed the CTG for
miscellaneous metal and plastic parts
coatings. Lastly, in letters dated March
13, 2013 and April 3, 2013, Connecticut
withdrew a number of provisions from
1 EPA’s CTGs are posted at https://www.epa.gov/
airquality/ozonepollution/SIPToolkit/ctgs.html.
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Federal Register / Vol. 79, No. 110 / Monday, June 9, 2014 / Rules and Regulations
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the April 29, 2010 and February 1, 2008
SIP submittals, respectively.
EPA has reviewed Connecticut’s new
and revised VOC regulations and found
that they are consistent with the
relevant CTGs and OTC
recommendations. In addition,
Connecticut’s process for determining
the categories for which the state should
make negative declarations was
reasonable. Therefore, EPA concludes
that Connecticut has met the CAA
requirement to adopt RACT for all the
2006, 2007, and 2008 CTGs.
III. Final Action
EPA is approving, and incorporating
into the SIP, the following changes to
Connecticut’s Section 22a–174–20
‘‘Control of organic compound
emissions’’ as meeting RACT for the
relevant CTG categories: Revised
subsection (p) Metal furniture coatings;
revised subsection (q) Paper, film, and
foil coatings; revised subsection (s)
Miscellaneous metal and plastic parts
coatings; new subsection (ff) Flexible
package printing; new subsection (gg)
Offset lithographic printing and
letterpress printing; new subsection (hh)
Large appliance coatings; new
subsection (ii) Industrial solvent
cleaning; new subsection (jj) Spray
application equipment cleaning; and
new subsection (kk) Pleasure craft
coatings.
Additionally, EPA is approving, and
incorporating into the SIP,
Connecticut’s new Section 22a–174–40
‘‘Consumer Products,’’ consistent with
the OTC’s recommendations, and
Connecticut’s new Section 22a–174–44
‘‘Adhesives and Sealants’’ as meeting
RACT.
EPA is taking no action on the
portions of sections 22a–174–
20(ff)(1)(K), (ff)(5)(B)(vi), (gg)(1)(O),
(gg)(7)(B)(Vi), (hh)(1)(CC), (hh)(7)(B)(vi),
(ii)(1)(I), (ii)(6)(B)(vi), (jj)(1)(H), (jj)(3)(D),
and (jj)(6)(B)(vii) which Connecticut
withdrew from its April 29, 2010 SIP
submittal. Likewise, EPA is taking no
action on the portions of Sections 22a–
174–40(c)(4) through (7) and 22a–174–
40(f)(2)(C) through (D), which
Connecticut withdrew from its February
1, 2008 SIP submittal.
EPA is also approving, and
incorporating into the SIP, minor
revisions to the following subsections of
Connecticut’s Section 22a–174–20:
(f)(9); (l)(1) and (2); (aa)(1); (cc)(2) and
(3); and subsection (ee) Reasonably
available control technology for large
sources. EPA is also approving
Connecticut’s request to withdraw
subsection (g) Architectural coatings of
Section 22a–174–20 from the SIP.
Lastly, EPA is approving Connecticut’s
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negative declarations for three source
categories: Flat wood paneling coating;
fiberglass and boat manufacturing; and
automobile and light-duty truck
assembly coating. Connecticut has,
therefore, met the CAA requirement to
adopt RACT for all of the 2006, 2007,
and 2008 CTGs.
IV. 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 Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 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
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methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 8, 2014.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: November 12, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Editorial note: This document was
received for publication by the Office of the
Federal Register on June 3, 2014.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
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PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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
adding paragraph (c)(102) to read as
follows:
■
§ 52.370
Identification of plan.
*
*
*
*
(c) * * *
(102) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of
Environmental Protection on November
18, 2008, April 29, 2010, and November
21, 2012.
(i) Incorporation by reference.
(A) Regulations of Connecticut State
Agencies (RCSA) Section 22a–174–20,
as published in the Connecticut Law
Journal on May 18, 2010, effective April
6, 2010:
(1) The amendment of subdivision
(f)(9);
(2) The withdrawal of subsection (g);
(3) The amendment of subdivisions
(l)(1) and (l)(2);
(4) The amendment of subsections (p)
Metal furniture coatings, (q) Paper, film,
and foil coating;
(5) The amendment of subparagraph
(s)(2)(B);
(6) The amendment of subsection (ee)
Reasonably available control technology
for large sources;
(7) The addition of subsection (ff)
Flexible package printing, with the
exception of the phrases ‘‘or other
method approved by the commissioner’’
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in subparagraph (ff)(1)(K) and ‘‘or
alternative method as approved by the
commissioner’’ in clause (ff)(5)(B)(vi);
(8) The addition of subsection (gg)
Offset lithographic printing and
letterpress printing, with the exception
of the phrases ‘‘or other method
approved by the commissioner’’ in
subparagraph (gg)(1)(O) and ‘‘or
alternative method as approved by the
commissioner’’ in clause (gg)(7)(B)(vi);
(9) The addition of subsection (hh)
Large appliance coatings, with the
exception of the phrases ‘‘or other
method approved by the commissioner’’
in subparagraph (hh)(1)(CC) and ‘‘or
alternative method as approved by the
commissioner’’ in clause (hh)(7)(B)(vi);
(10) The addition of (ii) Industrial
solvent cleaning, with the exception of
the phrases ‘‘or other method approved
by the commissioner’’ in subparagraph
(ii)(1)(I) and ‘‘or alternative method as
approved by the commissioner’’ in
clause (ii)(6)(B)(vi); and
(11) The addition of (jj) Spray
application equipment cleaning, with
the exception of the phrase ‘‘or other
method approved by the commissioner’’
in subparagraph (jj)(1)(H), the exception
of subparagraph (jj)(3)(D), and the
exception of the phrase ‘‘or alternative
method as approved by the
commissioner’’ in clause (JJ)(6)(B)(vii).
(B) Regulations of Connecticut State
Agencies (RCSA) Section 22a–174–20,
as published in the Connecticut Law
Journal on December 4, 2012, effective
October 31, 2012:
(1) The amendment of subsection(s)
Miscellaneous metal parts and products;
(2) The amendment of subdivisions
(aa)(1), (cc)(2), and (cc)(3);
(3) The amendment of subparagraph
(ii)(3)(A); and
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32875
(4) The addition of subdivision (kk)
Pleasure craft coatings.
(C) Regulations of Connecticut State
Agencies (RCSA) Section 22a–174–40
entitled ‘‘Consumer Products,’’ with the
exception of subdivisions (4) through (7)
in subsection (c) and the exception of
subparagraphs (C) and (D) in
subdivision (f)(2), effective July 26,
2007.
(D) Regulations of Connecticut State
Agencies (RCSA) section 22a–174–44,
entitled ‘‘Adhesives and Sealants,’’
effective October 3, 2008.
■ 3. Section 52.375 is amended by
adding paragraph (g) to read as follows:
§ 52.375
Certification of no sources.
*
*
*
*
*
(g) In its April 29, 2010 submittal to
EPA pertaining to reasonably available
control technology requirements for the
1997 8-hour ozone standard, the State of
Connecticut certified to the satisfaction
of EPA that no sources are located in the
state that are covered by the following
Control Technique Guidelines:
(1) Flat wood paneling coating;
(2) Fiberglass boat manufacturing; and
(3) Automobile and light duty truck
assembly coating.
■ 4. In § 52.385, Table 52.385 is
amended by:
■ a. Adding two new entries for existing
state citation ‘‘22–174–20’’ in order of
‘‘Date adopted by State’’; and
■ b. Adding two new state citations
‘‘22a–174–40’’ and ‘‘22a–174–44’’ in
order of ‘‘Connecticut State citation’’.
The added text reads as follows:
§ 52.385 EPA-approved Connecticut
regulations.
*
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32876
Federal Register / Vol. 79, No. 110 / Monday, June 9, 2014 / Rules and Regulations
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut State
citation
Title/subject
22a–174–20 ........
*
Control of organic compound
emissions.
Date adopted
by State
*
*
Date approved
by EPA
*
*
*
*
04/06/10
Control of organic compound
emissions.
*
Consumer Products .............
*
Adhesives and Sealants ......
*
22a–174–44 ........
*
*
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2014–0002; Internal
Agency Docket No. FEMA–8333]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
SUMMARY:
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*
[Insert Federal Register
page number where the
document begins].
*
*
(c)(102)
[Insert Federal Register
page number where the
document begins].
(c)(103)
*
*
[Insert Federal Register
page number where the
document begins].
*
(c)(103)
Frm 00018
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*
*
All of Section 22a–174–40 is approved, with the exception
of subdivisions (4) through (7) in subsection (c) and
subparagraphs (C) and (D) in subdivision (f)(2), which
CT withdrew from its SIP submittal.
*
*
*
Sfmt 4700
*
*
(c)(103)
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
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*
*
*
Amendment of subdivision (f)(9), withdrawal of subsection
(g), amendment of subdivisions (l)(1) and (l)(2), amendment of subsections (p) Metal furniture coatings, (q)
Paper, film, and foil coating, amendment of subparagraph (s)(2)(B), amendment of subsection (ee) Reasonably available control technology for large sources, addition of subsection (ff) Flexible package printing, with
the exception of the phrases ‘‘or other method approved by the commissioner’’ in subparagraph (ff)(1)(K)
and ‘‘or alternative method as approved by the commissioner’’ in clause (ff)(5)(B)(vi), addition of subsection
(gg) Offset lithographic printing and letterpress printing,
with the exception of the phrases ‘‘or other method approved by the commissioner’’ in subparagraph
(gg)(1)(O) and ‘‘or alternative method as approved by
the commissioner’’ in clause (gg)(7)(B)(vi), addition of
subsection (hh) Large appliance coatings, with the exception of the phrases ‘‘or other method approved by
the commissioner’’ in subparagraph (hh)(1)(CC) and ‘‘or
alternative method as approved by the commissioner’’
in clause (hh)(7)(B)(vi), addition of (ii) Industrial solvent
cleaning, with the exception of the phrases ‘‘or other
method approved by the commissioner’’ in subparagraph (ii)(1)(I) and ‘‘or alternative method as approved
by the commissioner’’ in clause (ii)(6)(B)(vi) and addition of (jj) Spray application equipment cleaning, with
the exception of the phrases ‘‘or other method approved by the commissioner’’ in subparagraph (jj)(1)(H),
with the exception of subparagraph (jj)(3)(D), and with
the exception of the phrase ‘‘or alternative method as
approved by the commissioner’’ in clause (JJ)(6)(B)(vii).
Amendment of subsection (s) Miscellaneous metal parts
and products, amendment of subdivisions (aa)(1),
(cc)(2), and (cc)(3), amendment of subparagraph
(ii)(3)(A); and addition of subdivision (kk) Pleasure craft
coatings.
*
6/9/14
*
BILLING CODE 6560–50–P
Comments/description
*
*
[Insert Federal Register
page number where the
document begins].
*
10/03/08
*
Section 52.370
6/9/14
7/26/07
[FR Doc. 2014–13220 Filed 6–6–14; 8:45 am]
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6/9/14
*
22a–174–40 ........
6/9/14
10/31/12
22a–174–20 ........
Federal Register citation
Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
DATES:
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]]>Agencies
[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Rules and Regulations]
[Pages 32873-32876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13220]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0460; A-1-FRL-9904-73-Region-1]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Reasonably Available Control Technology Update To Address
Control Techniques Guidelines Issued in 2006, 2007, and 2008
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of
Connecticut. The revisions establish Reasonably Available Control
Technology (RACT) for several categories of volatile organic compound
(VOC) air emission sources. The intended effect of this action is to
approve these requirements into the Connecticut SIP. This action is
being taken in accordance with the Clean Air Act (CAA).
DATES: This rule is effective on July 9, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2010-0460. All documents in the docket
are listed on the www.regulations.gov Web site. 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 through
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, 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 to
4:30, excluding legal holidays.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the Bureau of Air Management, Department of Energy and Environmental
Protection, State Office Building, 79 Elm Street, Hartford, CT 06106-
1630.
FOR FURTHER INFORMATION CONTACT: David Mackintosh, Air Quality Planning
Unit, U.S. Environmental Protection Agency, New England Regional
Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston,
MA 02109-3912, telephone 617-918-1584, facsimile 617-918-0584, email
mackintosh.david@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 Reasonably Available Control Technology Updates
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 24, 2013 (78 FR 31459), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Connecticut. In that action, EPA
proposed approval of Connecticut's revisions to Section 22a-174-20
``Control of Organic Compound Emissions'' and Connecticut's newly
adopted Section 22a-174-40 ``Consumer Products'' and Section 22a-174-44
``Adhesives and Sealants.'' These regulations address RACT for the VOC
source categories covered by Control Technique Guidelines (CTGs) issued
by EPA in 2006, 2007, and 2008 \1\ and include requirements to reduce
VOC emissions from consumer products based on the 2006 Ozone Transport
Commission (OTC) model rule. EPA also proposed approval of the negative
declarations for the CTGs for which Connecticut determined no
applicable sources exist in the State of Connecticut.
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\1\ EPA's CTGs are posted at https://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html.
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II. Connecticut's Reasonably Available Control Technology Updates
On February 1, 2008, Connecticut submitted its consumer products
regulation to EPA as part of its 8-hour Ozone Attainment Demonstration
SIP revision. Then, on November 18, 2008, Connecticut submitted its
adhesives and sealants regulation as part of its Annual Fine
Particulate Matter (PM2.5) Attainment Demonstration SIP
revision. On April 29, 2010, Connecticut submitted a SIP revision that
addressed eight CTGs: Flexible package printing; industrial cleaning
solvents; large appliance coatings; metal furniture coatings;
miscellaneous industrial adhesives; offset lithographic printing and
letterpress printing; and paper, film and foil coatings. At that time,
Connecticut also submitted negative declarations for three CTGs:
Automobile and light-duty truck assembly coating; fiberglass boat
manufacturing; and flat wood paneling coating. On November 21, 2012,
Connecticut submitted a SIP revision that addressed the CTG for
miscellaneous metal and plastic parts coatings. Lastly, in letters
dated March 13, 2013 and April 3, 2013, Connecticut withdrew a number
of provisions from
[[Page 32874]]
the April 29, 2010 and February 1, 2008 SIP submittals, respectively.
EPA has reviewed Connecticut's new and revised VOC regulations and
found that they are consistent with the relevant CTGs and OTC
recommendations. In addition, Connecticut's process for determining the
categories for which the state should make negative declarations was
reasonable. Therefore, EPA concludes that Connecticut has met the CAA
requirement to adopt RACT for all the 2006, 2007, and 2008 CTGs.
III. Final Action
EPA is approving, and incorporating into the SIP, the following
changes to Connecticut's Section 22a-174-20 ``Control of organic
compound emissions'' as meeting RACT for the relevant CTG categories:
Revised subsection (p) Metal furniture coatings; revised subsection (q)
Paper, film, and foil coatings; revised subsection (s) Miscellaneous
metal and plastic parts coatings; new subsection (ff) Flexible package
printing; new subsection (gg) Offset lithographic printing and
letterpress printing; new subsection (hh) Large appliance coatings; new
subsection (ii) Industrial solvent cleaning; new subsection (jj) Spray
application equipment cleaning; and new subsection (kk) Pleasure craft
coatings.
Additionally, EPA is approving, and incorporating into the SIP,
Connecticut's new Section 22a-174-40 ``Consumer Products,'' consistent
with the OTC's recommendations, and Connecticut's new Section 22a-174-
44 ``Adhesives and Sealants'' as meeting RACT.
EPA is taking no action on the portions of sections 22a-174-
20(ff)(1)(K), (ff)(5)(B)(vi), (gg)(1)(O), (gg)(7)(B)(Vi), (hh)(1)(CC),
(hh)(7)(B)(vi), (ii)(1)(I), (ii)(6)(B)(vi), (jj)(1)(H), (jj)(3)(D), and
(jj)(6)(B)(vii) which Connecticut withdrew from its April 29, 2010 SIP
submittal. Likewise, EPA is taking no action on the portions of
Sections 22a-174-40(c)(4) through (7) and 22a-174-40(f)(2)(C) through
(D), which Connecticut withdrew from its February 1, 2008 SIP
submittal.
EPA is also approving, and incorporating into the SIP, minor
revisions to the following subsections of Connecticut's Section 22a-
174-20: (f)(9); (l)(1) and (2); (aa)(1); (cc)(2) and (3); and
subsection (ee) Reasonably available control technology for large
sources. EPA is also approving Connecticut's request to withdraw
subsection (g) Architectural coatings of Section 22a-174-20 from the
SIP. Lastly, EPA is approving Connecticut's negative declarations for
three source categories: Flat wood paneling coating; fiberglass and
boat manufacturing; and automobile and light-duty truck assembly
coating. Connecticut has, therefore, met the CAA requirement to adopt
RACT for all of the 2006, 2007, and 2008 CTGs.
IV. 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 Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 8, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: November 12, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Editorial note: This document was received for publication by
the Office of the Federal Register on June 3, 2014.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
[[Page 32875]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 adding paragraph (c)(102) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(102) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on November 18,
2008, April 29, 2010, and November 21, 2012.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-20, as published in the Connecticut Law Journal on May 18, 2010,
effective April 6, 2010:
(1) The amendment of subdivision (f)(9);
(2) The withdrawal of subsection (g);
(3) The amendment of subdivisions (l)(1) and (l)(2);
(4) The amendment of subsections (p) Metal furniture coatings, (q)
Paper, film, and foil coating;
(5) The amendment of subparagraph (s)(2)(B);
(6) The amendment of subsection (ee) Reasonably available control
technology for large sources;
(7) The addition of subsection (ff) Flexible package printing, with
the exception of the phrases ``or other method approved by the
commissioner'' in subparagraph (ff)(1)(K) and ``or alternative method
as approved by the commissioner'' in clause (ff)(5)(B)(vi);
(8) The addition of subsection (gg) Offset lithographic printing
and letterpress printing, with the exception of the phrases ``or other
method approved by the commissioner'' in subparagraph (gg)(1)(O) and
``or alternative method as approved by the commissioner'' in clause
(gg)(7)(B)(vi);
(9) The addition of subsection (hh) Large appliance coatings, with
the exception of the phrases ``or other method approved by the
commissioner'' in subparagraph (hh)(1)(CC) and ``or alternative method
as approved by the commissioner'' in clause (hh)(7)(B)(vi);
(10) The addition of (ii) Industrial solvent cleaning, with the
exception of the phrases ``or other method approved by the
commissioner'' in subparagraph (ii)(1)(I) and ``or alternative method
as approved by the commissioner'' in clause (ii)(6)(B)(vi); and
(11) The addition of (jj) Spray application equipment cleaning,
with the exception of the phrase ``or other method approved by the
commissioner'' in subparagraph (jj)(1)(H), the exception of
subparagraph (jj)(3)(D), and the exception of the phrase ``or
alternative method as approved by the commissioner'' in clause
(JJ)(6)(B)(vii).
(B) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-20, as published in the Connecticut Law Journal on December 4,
2012, effective October 31, 2012:
(1) The amendment of subsection(s) Miscellaneous metal parts and
products;
(2) The amendment of subdivisions (aa)(1), (cc)(2), and (cc)(3);
(3) The amendment of subparagraph (ii)(3)(A); and
(4) The addition of subdivision (kk) Pleasure craft coatings.
(C) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-40 entitled ``Consumer Products,'' with the exception of
subdivisions (4) through (7) in subsection (c) and the exception of
subparagraphs (C) and (D) in subdivision (f)(2), effective July 26,
2007.
(D) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-44, entitled ``Adhesives and Sealants,'' effective October 3, 2008.
0
3. Section 52.375 is amended by adding paragraph (g) to read as
follows:
Sec. 52.375 Certification of no sources.
* * * * *
(g) In its April 29, 2010 submittal to EPA pertaining to reasonably
available control technology requirements for the 1997 8-hour ozone
standard, the State of Connecticut certified to the satisfaction of EPA
that no sources are located in the state that are covered by the
following Control Technique Guidelines:
(1) Flat wood paneling coating;
(2) Fiberglass boat manufacturing; and
(3) Automobile and light duty truck assembly coating.
0
4. In Sec. 52.385, Table 52.385 is amended by:
0
a. Adding two new entries for existing state citation ``22-174-20'' in
order of ``Date adopted by State''; and
0
b. Adding two new state citations ``22a-174-40'' and ``22a-174-44'' in
order of ``Connecticut State citation''.
The added text reads as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
[[Page 32876]]
Table 52.385--EPA-Approved Regulations
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Dates
Connecticut State -------------------------------- Federal Register
citation Title/subject Date adopted Date approved citation Section 52.370 Comments/description
by State by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
22a-174-20............... Control of organic
compound emissions.
* * * * * * *
04/06/10 6/9/14 [Insert Federal Register (c)(102) Amendment of subdivision
page number where the (f)(9), withdrawal of
document begins]. subsection (g),
amendment of
subdivisions (l)(1) and
(l)(2), amendment of
subsections (p) Metal
furniture coatings, (q)
Paper, film, and foil
coating, amendment of
subparagraph (s)(2)(B),
amendment of subsection
(ee) Reasonably
available control
technology for large
sources, addition of
subsection (ff) Flexible
package printing, with
the exception of the
phrases ``or other
method approved by the
commissioner'' in
subparagraph (ff)(1)(K)
and ``or alternative
method as approved by
the commissioner'' in
clause (ff)(5)(B)(vi),
addition of subsection
(gg) Offset lithographic
printing and letterpress
printing, with the
exception of the phrases
``or other method
approved by the
commissioner'' in
subparagraph (gg)(1)(O)
and ``or alternative
method as approved by
the commissioner'' in
clause (gg)(7)(B)(vi),
addition of subsection
(hh) Large appliance
coatings, with the
exception of the phrases
``or other method
approved by the
commissioner'' in
subparagraph (hh)(1)(CC)
and ``or alternative
method as approved by
the commissioner'' in
clause (hh)(7)(B)(vi),
addition of (ii)
Industrial solvent
cleaning, with the
exception of the phrases
``or other method
approved by the
commissioner'' in
subparagraph (ii)(1)(I)
and ``or alternative
method as approved by
the commissioner'' in
clause (ii)(6)(B)(vi)
and addition of (jj)
Spray application
equipment cleaning, with
the exception of the
phrases ``or other
method approved by the
commissioner'' in
subparagraph (jj)(1)(H),
with the exception of
subparagraph (jj)(3)(D),
and with the exception
of the phrase ``or
alternative method as
approved by the
commissioner'' in clause
(JJ)(6)(B)(vii).
22a-174-20............... Control of organic 10/31/12 6/9/14 [Insert Federal Register (c)(103) Amendment of subsection
compound emissions. page number where the (s) Miscellaneous metal
document begins]. parts and products,
amendment of
subdivisions (aa)(1),
(cc)(2), and (cc)(3),
amendment of
subparagraph (ii)(3)(A);
and addition of
subdivision (kk)
Pleasure craft coatings.
* * * * * * *
22a-174-40............... Consumer Products....... 7/26/07 6/9/14 [Insert Federal Register (c)(103) All of Section 22a-174-40
page number where the is approved, with the
document begins]. exception of
subdivisions (4) through
(7) in subsection (c)
and subparagraphs (C)
and (D) in subdivision
(f)(2), which CT
withdrew from its SIP
submittal.
* * * * * * *
22a-174-44............... Adhesives and Sealants.. 10/03/08 6/9/14 [Insert Federal Register (c)(103) .........................
page number where the
document begins].
* * * * * * *
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[FR Doc. 2014-13220 Filed 6-6-14; 8:45 am]
BILLING CODE 6560-50-P
