Air Plan Approval; Connecticut; Sulfur Content of Fuel Oil Burned in Stationary Sources, 33134-33139 [2016-12120]
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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:
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§ 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
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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
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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:
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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.
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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)).
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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)
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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%) ...............
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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
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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
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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.
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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.
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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
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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.);
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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)
■
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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
*
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Date approved
by EPA
*
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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.
*
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*
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*
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
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]]>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
