Approval and Promulgation of Implementation Plans; Connecticut; Infrastructure Requirements for Lead, Ozone, Nitrogen Dioxide, Sulfur Dioxide, and Fine Particulate Matter, 35636-35641 [2016-12375]
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Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 2, 2016. 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, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 23, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. Section 52.1770(e), is amended by
adding new entries for ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2008 8-Hour Ozone NAAQS’’, ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2010 1-hour NO2 NAAQS’’,
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2010 1-hour SO2
NAAQS’’ and ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
■
§ 52.1770
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State
effective
date
Provision
*
*
*
110(a)(1) and (2) Infrastructure Requirements for
the 2008 8-Hour Ozone NAAQS.
*
3/18/2014
110(a)(1) and (2) Infrastructure Requirements for
the 2012 Annual PM2.5 NAAQS.
6/3/2016
8/23/2013
110(a)(1) and (2) Infrastructure Requirements for
the 2010 1-hour SO2 NAAQS.
12/4/2015
[FR Doc. 2016–13036 Filed 6–2–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0198; FRL–9940–14–
Region 1]
Approval and Promulgation of
Implementation Plans; Connecticut;
Infrastructure Requirements for Lead,
Ozone, Nitrogen Dioxide, Sulfur
Dioxide, and Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
State Implementation Plan (SIP)
submissions from Connecticut regarding
SUMMARY:
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the infrastructure requirements of the
Clean Air Act (CAA or Act) for the 2008
lead, 2008 ozone, 2010 nitrogen dioxide,
and 2010 sulfur dioxide National
Ambient Air Quality Standards
(NAAQS). EPA is also converting
conditional approvals for several
infrastructure requirements for the 1997
ozone NAAQS and for the 1997 and
2006 fine particle (PM2.5) NAAQS to full
approval under the CAA. Furthermore,
we are conditionally approving
elements of Connecticut’s infrastructure
requirements of the CAA regarding
prevention of significant deterioration
requirements to treat nitrogen oxides as
a precursor to ozone and to establish a
minor source baseline date for PM2.5
emissions. Lastly, EPA is approving
three statutes submitted by Connecticut
in support of its demonstration that the
infrastructure requirements of the CAA
have been met. The infrastructure
requirements are designed to ensure that
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Federal Register
citation
*
*
[Insert citation of publication in Federal
Register].
6/3/2016 [Insert citation of publication in Federal
Register].
6/3/2016 [Insert citation of publication in Federal
Register].
6/3/2016 [Insert citation of publication in Federal
Register].
11/2/2012
110(a)(1) and (2) Infrastructure Requirements for
the 2010 1-hour NO2 NAAQS.
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EPA
approval
date
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Explanation
*
Addressing prong 4 of
section 110(a)(2)(D)(i)
only.
Addressing prong 4 of
section 110(a)(2)(D)(i)
only.
Addressing prong 4 of
section 110(a)(2)(D)(i)
only.
Addressing prong 4 of
section 110(a)(2)(D)(i)
only.
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
DATES: This rule is effective on July 5,
2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2015–0198. All documents in the docket
are listed on the https://
www.regulations.gov Web site, although
some information, such as confidential
business information or other
information whose disclosure is
restricted by statute is not publically
available. 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 at https://www.regulations.gov
or at the U.S. Environmental Protection
Agency, EPA New England Regional
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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.
Copies of the documents relevant to this
action are also available for public
inspection during normal business
hours, by appointment at: Bureau of Air
Management, Department of Energy and
Environmental Protection, State Office
Building, 79 Elm Street, Hartford, CT
06106–1630.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Environmental
Scientist, Air Quality Planning Unit, Air
Programs Branch (Mail Code OEP05–
02), U.S. Environmental Protection
Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts
02109–3912; (617) 918–1684;
simcox.alison@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. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
This rulemaking addresses
submissions from the Connecticut
Department of Energy and
Environmental Protection (CT DEEP).
The state submitted its infrastructure
SIP for each NAAQS on the following
dates: 2008 Pb—October 13, 2011; 2008
ozone—December 28, 2012; 2010 NO2—
January 2, 2013; and 2010 SO2—May 30,
2013. This rulemaking also addresses
certain infrastructure SIP elements for
the 1997 and 2006 PM2.5 NAAQS for
which EPA previously issued a
conditional approval. See 77 FR 63228
(October 16, 2012). The state submitted
these infrastructure SIPs on September
35637
4, 2008, and September 18, 2009,
respectively. Lastly, this rulemaking
addresses one infrastructure SIP
element for the 1997 8-hour ozone
NAAQS for which EPA previously
issued a conditional approval. See 76
FR 40248 (July 8, 2011). The state
submitted this infrastructure SIP on
December 28, 2007.
EPA did not receive any comments,
adverse or otherwise, in response to the
Notice of Proposed Rulemaking (NPR).
See 80 FR 54471 (September 10, 2015).
II. Final Action
EPA is approving SIP submissions
from Connecticut certifying that the
state’s current SIP is sufficient to meet
the required infrastructure elements
under sections 110(a)(1) and 110(a)(2)
for the 2008 Pb, 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS, with the
exception of certain aspects relating to
PSD which we are conditionally
approving. A summary of EPA’s actions
regarding these infrastructure SIP
requirements is contained in Table 1
below.
TABLE 1—ACTION TAKEN ON CT INFRASTRUCTURE SIP SUBMITTALS FOR LISTED NAAQS
2008
Pb
Element
(A): Emission limits and other control measures .............................................
(B): Ambient air quality monitoring and data system ......................................
(C)(i): Enforcement of SIP measures ..............................................................
(C)(ii): PSD program for major sources and major modifications ...................
(C)(iii): Permitting program for minor sources and minor modifications .........
(D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS
(prongs 1 and 2) ..........................................................................................
(D)(i)(II): PSD (prong 3) ...................................................................................
(D)(i)(II): Visibility Protection (prong 4) ............................................................
(D)(ii): Interstate Pollution Abatement .............................................................
(D)(ii): International Pollution Abatement .........................................................
(E)(i): Adequate resources ..............................................................................
(E)(ii): State boards .........................................................................................
(E)(iii): Necessary assurances with respect to local agencies ........................
(F): Stationary source monitoring system ........................................................
(G): Emergency power ....................................................................................
(H): Future SIP revisions .................................................................................
(I): Nonattainment area plan or plan revisions under part D ..........................
(J)(i): Consultation with government officials ...................................................
(J)(ii): Public notification ..................................................................................
(J)(iii): PSD ......................................................................................................
(J)(iv): Visibility protection ................................................................................
(K): Air quality modeling and data ...................................................................
(L): Permitting fees ..........................................................................................
(M): Consultation and participation by affected local entities ..........................
A
A
A
A*
A
A
A*
A
A
A
A
A
NA
A
A
A
+
A
A
A*
+
A
A
A
2008
Ozone
No action
A*
A
A
A
A
A
NA
A
A
A
+
A
A
A*
+
A
A
A
2010
SO2
A
A
A
A*
A
A
A
A
A*
A
2010
NO2
A
A
A
A*
A
A
A*
A
A
A
A
A
NA
A
A
A
+
A
A
A*
+
A
A
A
No action
A*
A
A
A
A
A
NA
A
A
A
+
A
A
A*
+
A
A
A
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In the above table, the key is as
follows:
A ..............................
A * ............................
+ ..............................
No action .................
NA ...........................
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Approve
Approve, but conditionally approve aspect relating to NOX as a precursor to ozone and minor source baseline date for
PM2.5 under the PSD program.
Not germane to infrastructure SIPs.
EPA is taking no action on this infrastructure requirement.
Not applicable.
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With respect to the 1997 and 2006
PM2.5 NAAQS, EPA is approving
Connecticut’s infrastructure SIP
submittal requirements pertaining to
Elements 110(a)(2)A, D(ii) (interstate
pollution abatement), and E(ii) (state
boards) for which a conditional
approval was previously issued. See 77
FR 63228, October 16, 2012. Also with
respect to the 1997 and 2006 PM2.5
NAAQS, EPA is newly conditionally
approving Connecticut’s submittals
pertaining to Elements 110(a)(2)C(ii),
D(i)(II), and J(iii) for the requirements to
treat NOX as a precursor to ozone and
to establish a minor source baseline date
for PM2.5 in the PSD program.
With respect to the 1997 8-hour ozone
NAAQS, EPA is approving
Connecticut’s infrastructure SIP
submittal requirements pertaining to
Element 110(a)(2)(D)(ii) (interstate
pollution abatement) for which a
conditional approval was previously
issued. See 77 FR 63228, October 16,
2012.
In addition, we are incorporating into
the Connecticut SIP the following
Connecticut statutes which were
included for approval in Connecticut’s
infrastructure SIP submittals:
Connecticut General Statutes (CGS)
Section 1–85 (Formerly Sec. 1–68)
‘‘Interest in conflict with discharge of
duties,’’ as published in the General
Statutes of Connecticut revised to
January 1, 2015; amended in Public
Act 89–97 in January 1989, effective
October 1, 1989;
CGS Section 22a–171 (Formerly Sec.
19–507) ‘‘Duties of Commissioner of
Energy and Environmental
Protection,’’ as published in the
General Statutes of Connecticut
revised to January 1, 2013; amended
in Public Act 84–546 in 1984,
effective October 1, 1984;
CGS Section 16a–21a ‘‘Sulfur content of
home heating oil and off-road diesel
fuel. Suspension of requirements for
emergency,’’ as published in the
General Statutes of Connecticut
revised to January 1, 2013, effective
July 1, 2011.
As noted in Table 1, EPA is
conditionally approving Connecticut’s
commitment for sub-element sections
110(a)(2)(C)(ii), (D)(i)(II) and (J)(iii) with
respect to the 2008 Pb, 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS, as well as
newly conditionally approving the
state’s submittals for these sub-elements
with respect to the 1997 and 2006 PM2.5
NAAQS. In a letter dated August 5,
2015, Connecticut committed to adopt
and submit to EPA, one year from the
publication of this conditional approval,
regulatory revisions to Connecticut’s
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prevention of significant deterioration
and new source review permitting
requirements that meet the requirements
to treat NOX as a precursor pollutant to
ozone and to establish a minor source
baseline date for PM2.5.
Under section 110(k)(4) of the Act,
EPA may conditionally approve a plan
based on a commitment from the State
to adopt specific enforceable measures
by a date certain, but not later than one
year from the date of approval. By this
date, the State must meet its
commitment made in its August 5, 2015
letter to submit revisions to its PSD
program that fully meet the
requirements above. If the State fails to
do so, this action will become a
disapproval one year from the date of
publication of final approval. EPA will
notify the State by letter that this action
has occurred. At that time, this
commitment will no longer be a part of
the approved Connecticut SIP. EPA
subsequently will publish a document
in the Federal Register notifying the
public that the conditional approval is
converted to a disapproval. If the State
meets its commitment within the
applicable time frame, the conditionally
approved submission will remain a part
of the SIP until EPA takes final action
approving or disapproving the new
submittal. If EPA disapproves the new
submittal, the conditionally approved
portions of Connecticut’s Infrastructure
SIP submittals will also be disapproved
at that time. If EPA approves the revised
PSD program submittal, then the
portions of Connecticut’s infrastructure
SIP submittals that were conditionally
approved will be fully approved in their
entirety. In addition, final disapproval
of an infrastructure SIP submittal
triggers the Federal implementation
plan (FIP) requirement under section
110(c).
Other specific requirements of
infrastructure SIPs and the rationale for
EPA’s final action on Connecticut’s
submittals are explained in the NPR and
will not be restated here.
III. 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
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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 Orders 12866 (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).
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
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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 2, 2016.
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, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: December 3, 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—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 reserved paragraph (c)(111) and
adding paragraph (c)(112) to read as
follows:
■
§ 52.370
Identification of plan.
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*
*
*
*
*
(c) * * *
(111) [Reserved]
(112) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of Energy and
Environmental Protection on December
28, 2007; September 4, 2008; September
18, 2009; October 13, 2011; December
28, 2012; January 2, 2013; and May 30,
2013.
(i) [Reserved.]
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(ii) Additional materials.
(A) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Adequacy Determination of
the Connecticut State Implementation
Plan with Regard to Clean Air Act
Section 110(a)(1) and (2) for the 8-Hour
Ozone National Ambient Air Quality
Standard Program Infrastructure,’’ Final,
December 28, 2007.
(B) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Adequacy Determination of
the Connecticut State Implementation
Plan for Clean Air Act Section 110(a)
Infrastructure Elements: 1997 National
Ambient Air Quality Standard for Fine
Particulate Matter,’’ Final, September 4,
2008.
(C) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Adequacy Determination of
the Connecticut State Implementation
Plan with Regard to Clean Air Act
Section 110(a)(1) and (2) for the 2006
Fine Particulate Matter National
Ambient Air Quality Standard,’’ Final,
September 18, 2009.
(D) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Request to Withdraw a
Portion of Connecticut’s PM2.5
Infrastructure Adequacy
Determination,’’ January 7, 2011.
(E) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Addendum to the CAA
§ 110(a)(2)(D)(i)(I) Portion of
Connecticut’s Infrastructure Submittal
for the 2006 PM2.5 NAAQS,’’ August 19,
2011.
(F) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Adequacy Determination of
the Connecticut State Implementation
Plan with Regard to Clean Air Act
Section 110(a)(1) and
(2) for the 2008 Lead National
Ambient Air Quality Standard,’’ Final,
October 13, 2011.
(G) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Update to Connecticut
PM2.5 Infrastructure Submittals,’’ June
15, 2012.
(H) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Connecticut State
Implementation Plan with Regard to the
Infrastructure Requirements of Clean
Air Act Section 110(a)(1) and 110(s)(2)
for the 2008 Ozone National Ambient
Air Quality Standards, Final, December
28, 2012.
(I) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Connecticut State
Implementation Plan with Regard to the
Infrastructure Requirements of Clean
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35639
Air Act Section 110(a)(1) and 110(a)(2)
for the 2010 Nitrogen Dioxide National
Ambient Air Quality Standards, Final,
January 2, 2013.
(J) The Connecticut Department of
Energy and Environmental Protection
document, ‘‘Connecticut State
Implementation Plan for Clean Air Act
Section 110(a) Infrastructure Elements:
2010 Sulfur Dioxide National Ambient
Air Quality Standard, Final, May 30,
2013.
(K) The Connecticut Department of
Energy and Environmental Protection
letter, ‘‘Supplement to Infrastructure
State Implementation Plan (SIP)
Revisions,’’ August 5, 2015.
3. Section 52.380 is amended by
adding paragraphs (f), (g), and (h) to
read as follows:
■
§ 52.380
*
*
Rules and regulations.
*
*
*
Note 1 to paragraphs (f) through (h):
‘‘state’’ means the state of Connecticut.
(f) Connecticut General Statutes
Section 1–85. (Formerly Sec. 1–68).
Interest in conflict with discharge of
duties: A public official, including an
elected state official, or state employee
has an interest which is in substantial
conflict with the proper discharge of his
duties or employment in the public
interest and of his responsibilities as
prescribed in the laws of this state, if he
has reason to believe or expect that he,
his spouse, a dependent child, or a
business with which he is associated
will derive a direct monetary gain or
suffer a direct monetary loss, as the case
may be, by reason of his official activity.
A public official, including an elected
state official, or state employee does not
have an interest which is in substantial
conflict with the proper discharge of his
duties in the public interest and of his
responsibilities as prescribed by the
laws of this state, if any benefit or
detriment accrues to him, his spouse, a
dependent child, or a business with
which he, his spouse or such dependent
child is associated as a member of a
profession, occupation or group to no
greater extent than any other member of
such profession, occupation or group. A
public official, including an elected
state official or state employee who has
a substantial conflict may not take
official action on the matter.
(g) Connecticut General Statutes
Section 22a–171. (Formerly Sec. 19–
507). Duties of Commissioner of Energy
and Environmental Protection: The
Commissioner of Energy and
Environmental Protection of the State of
Connecticut shall:
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(1) Initiate and supervise programs for
the purposes of determining the causes,
effect and hazards of air pollution;
(2) Initiate and supervise state-wide
programs of air pollution control
education;
(3) Cooperate with and receive money
from the Federal Government and, with
the approval of the Governor, from any
other public or private source;
(4) Adopt, amend, repeal and enforce
regulations as provided in Connecticut
General Statutes Section 22a–174 and
do any other act necessary to enforce the
provisions of Connecticut General
Statutes Chapter 446c and Connecticut
General Statutes Section 14–164c;
(5) Advise and consult with agencies
of the United States, agencies of the
state, political subdivisions and
industries and any other affected groups
in furtherance of the purposes of
Connecticut General Statutes Chapter
446c.
(h) Connecticut General Statutes
Section 16a–21a. Sulfur content of home
heating oil and off-road diesel fuel.
Suspension of requirements for
emergency. (1)(i) The amount of sulfur
content of the following fuels sold,
offered for sale, distributed or used in
this state shall not exceed the following
percentages by weight:
(A) For number two heating oil, threetenths of one per cent; and
(B) For number two off-road diesel
fuel, three-tenths of one per cent.
(ii) Notwithstanding paragraph
(h)(1)(i) of this section, the amount of
sulfur content of number two heating oil
sold, offered for sale, distributed or used
in this state shall not exceed the
following percentages by weight:
(A) For the period beginning July 1,
2011, and ending June 30, 2014, fifty
parts per million; and
(B) On and after July 1, 2014, fifteen
parts per million.
(iii) The provisions of paragraph
(h)(1)(ii) of this section shall not take
effect until the states of New York,
Massachusetts and Rhode Island each
have adopted requirements that are
substantially similar to the provisions of
said paragraph (h)(1)(ii).
(2) As of the date on which the last
of the states of New York, Massachusetts
and Rhode Island limits the sulfur
content of number two heating oil to
one thousand five hundred parts per
million, the sulfur content of number
two heating oil sold, offered for sale,
distributed or used in this state shall not
exceed one thousand five hundred parts
per million.
(3) As of the date on which the last
of the states of New York, Massachusetts
and Rhode Island limits the sulfur
content of number two heating oil to
one thousand two hundred fifty parts
per million, the sulfur content of
number two heating oil sold, offered for
sale, distributed or used in this state
shall not exceed one thousand two
hundred fifty parts per million.
(4) As of the date on which the last
of the states of New York, Massachusetts
and Rhode Island limits the sulfur
content of number two heating oil to
five hundred parts per million, the
sulfur content of number two heating oil
sold, offered for sale, distributed or used
in this state shall not exceed five
hundred parts per million.
(5) As of the date on which the last
of the states of New York, Massachusetts
and Rhode Island limits the sulfur
content of number two off-road diesel
fuel to five hundred parts per million,
the sulfur content of number two offroad diesel fuel offered for sale,
distributed or used in this state shall not
exceed five hundred parts per million.
(6) The Commissioner of Energy and
Environmental Protection of the State of
Connecticut may suspend the
requirements of subsections (a) to (e),
inclusive, of this Connecticut General
Statutes Section 16a–21a if the
commissioner finds that the physical
availability of fuel which complies with
such requirements is inadequate to meet
the needs of residential, commercial or
industrial users in this state and that
such inadequate physical availability
constitutes an emergency provided the
commissioner shall specify in writing
the period of time such suspension shall
be in effect.
Note 2 to paragraph (h): EPA has replaced
the original structure of the CT statute with
the structure of the CFR and uses
‘‘paragraph’’ instead of the original statutory
language of ‘‘subsection’’ and ‘‘subdivision.’’
EPA has also replaced the (a)-level of the
original statute with the (1)-level in the CFR
and the (1)-level in the original statute with
the (i)-level in the CFR.
4. In § 52.385, Table 52.385 is
amended by adding an entry for Section
1–85, revising the entry for Section 16a–
21a, and adding new an entry for
Section 22a–171 to read as follows:
■
§ 52.385 EPA-approved
regulations.
*
*
*
*
Connecticut
*
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut state citation
*
Connecticut General
Statutes.
Section 1–85.
Connecticut General
Statutes.
mstockstill on DSK3G9T082PROD with RULES
Section 16a–21a.
Connecticut General
Statutes.
Date
approved
by EPA
Federal Register citation
Section
52.370
Comments/
description
Title/subject
Date
adopted by
state
*
*
Interest in conflict with discharge of duties ....
*
October 1,
1989.
June 3,
2016.
*
[Insert Federal Register citation].
Sulfur content of home heating oil and off
road diesel fuel. Suspension of requirements for emergency.
July 8,
2013.
June 3,
2016.
[Insert Federal Register citation].
c(112)
Allowable sulfur content of fuels provided. Criteria for
suspension of requirements identified.
Duties of Commissioner of Energy and Environmental Protection..
October 1,
1984.
June 3,
2016.
[Insert Federal Register citation].
c(112)
Obligations and activities of the Commissioner identified.
*
c(112)
*
Criteria for identifying
a conflict of interest.
Section 22a–171.
■
5. Add § 52.386 to read as follows:
§ 52.386 Section 110(a)(2) infrastructure
requirements.
The Connecticut Department of
Energy and Environmental Protection
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submitted the following infrastructure
SIPs on these dates: 2008 Pb NAAQS—
October 13, 2011; 2008 ozone NAAQS—
E:\FR\FM\03JNR1.SGM
03JNR1
Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations
December 28, 2012; 2010 NO2
NAAQS—January 2, 2013; and 2010 SO2
NAAQS—May 30, 2013. These
infrastructure SIPs are approved, with
the exception of certain elements within
110(a)(2)(C)(ii), D(i)(II), and J(iii), which
are conditionally approved. Connecticut
submitted infrastructure SIPs for the
1997 and 2006 PM2.5 NAAQS on
September 4, 2008, and September 18,
2009, respectively, and elements
110(a)(2)(A), D(ii), and E(ii), which were
previously conditionally approved, are
now approved. Also with respect to the
1997 and 2006 PM2.5 NAAQS, elements
related to PSD, which include
110(a)(2)C(ii), D(i)(II), and J(iii) are
newly conditionally approved.
Connecticut also submitted an
Infrastructure SIP for the 1997 8-hour
ozone NAAQS on December 28, 2007,
and element 110(a)(2)(D)(ii), which was
previously conditionally approved, is
now approved.
[FR Doc. 2016–12375 Filed 6–2–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R09–RCRA–2015–0822; FRL–9947–
28–Region 9]
Nevada: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA received several
comments during the open comment
period on the March 23, 2016, proposed
rule to authorize Nevada’s changes to
the State Hazardous Waste Management
program. EPA is responding to one
comment opposing the action and
reaffirming the effective date of the
direct final rule as June 6, 2016.
DATES: The final authorization is
effective June 6, 2016.
FOR FURTHER INFORMATION CONTACT:
Laurie Amaro, U.S. Environmental
Protection Agency Region 9, 75
Hawthorne Street LND–1–1, San
Francisco, CA 94105, amaro.laurie@
epa.gov, 415–972–3364.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
A. What decisions has EPA made in this
rule?
On November 25, 2015, and December
28, 2015, Nevada submitted final
complete program revision applications
seeking authorization of changes to its
VerDate Sep<11>2014
21:04 Jun 02, 2016
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35641
C. What were the comments on EPA’s
proposal and what is EPA’s response?
On March 23, 2016, EPA published a
proposed rule (81 FR 15497) and a
direct final rule (81 FR 15440) to
authorize Nevada’s November 25 and
December 28, 2015, applications to
make revisions to Nevada’s State
Hazardous Waste Management program
that correspond to certain federal rules
promulgated between July 1, 2005, and
June 30, 2008 (also known as RCRA
Clusters XVI through XVIII). EPA stated
that if adverse comments were received
by May 9, 2016, the rule would be
withdrawn and not take effect. On May
9, 2016, EPA received a comment
opposing approval; however, due to the
reasons explained below, EPA is not
withdrawing the direct final rule but
rather is responding to the comment and
reaffirming the effective date of June 6,
2016, of the rule, pursuant to 40 CFR
271.21(b)(3)(iii)(B).
EPA received four comments on the
proposed rule, Nevada: Final
Authorization of State Hazardous Waste
Management Program Revisions. Three
comments stated, ‘‘Good’’ and do not
require a response. The fourth comment
stated, ‘‘Instead of not authorizing
Nevada’s antifreeze recycling program
(and in the process violate 271.1(h), the
partial authorization prohibition) EPA
should instead require the program to be
amended so it is no less stringent than
EPAs [sic] requirements. This has been
B. What is the effect of today’s
wrong since 2009!’’
authorization decision?
The State of Nevada adopted
regulations for the ‘‘Recycling of Used
The effect of this decision is that the
Antifreeze’’ effective October 3, 1996, at
changes described in Nevada’s
NAC 444.8801–9071. These regulations
authorization application will become
are applicable to those categories of
part of the authorized state hazardous
antifreeze that are recycled and have
waste program and therefore will be
been determined to be hazardous waste
federally enforceable. Nevada will
because they either exhibit a
continue to have primary enforcement
characteristic of hazardous waste (i.e.,
authority and responsibility for its state
the toxicity characteristic) or they are a
hazardous waste program. EPA retains
listed hazardous waste in the state of
its authorities under RCRA sections
their origin, for those categories of
3007, 3008, 3013, and 7003, including
antifreeze entering Nevada from another
its authority to:
State (NAC 444.8871). Under the
• Conduct inspections, and require
Federal code, spent antifreeze destined
monitoring, tests, analyses or reports;
to be recycled, as defined by Nevada,
• Enforce RCRA requirements,
would be subject to the requirements of
including authorized state program
40 CFR 261.6(b)–(d) ‘‘Requirements for
requirements, and suspend or revoke
Recyclable Materials.’’ In the Nevada
permits; and
regulations at NAC 444.8801–9071,
• Take enforcement actions regardless spent antifreeze that is recycled is not
of whether the state has taken its own
regulated as universal waste, but is
actions.
subject to requirements that are less
This action does not impose
stringent than the Federal regulations at
additional requirements on the
40 CFR 261.6(b)–(d). Accordingly, EPA
regulated community because the
cannot authorize Nevada’s regulations
regulations for which Nevada is being
specific to the recycling of used
authorized by today’s action are already antifreeze.
However, Nevada has incorporated
effective and are not changed by today’s
the federal regulations contained in 40
action.
hazardous waste program that
correspond to certain federal rules
promulgated between July 1, 2005, and
June 30, 2008, (also known as RCRA
Clusters XVI through XVIII). EPA
concludes that Nevada’s application to
revise its authorized program meets all
of the statutory and regulatory
requirements established by RCRA, as
set forth in RCRA section 3006(b), 42
U.S.C. 6926(b), and 40 CFR part 271.
Therefore, EPA grants Nevada final
authorization to operate as part of its
hazardous waste program the changes
listed in Section G of the direct final
rule (81 FR 15440), as further described
in the authorization application.
Nevada has responsibility for
permitting treatment, storage, and
disposal facilities within its borders
(except in Indian country) and for
carrying out the aspects of the RCRA
program described in its revised
program application. New federal
requirements and prohibitions imposed
by federal regulations that EPA
promulgates pursuant to the Hazardous
and Solid Waste Amendments of 1984
take effect in authorized states at the
same time that they take effect in
unauthorized states. Thus, EPA will
implement those requirements and
prohibitions in Nevada, including the
issuance of new permits implementing
those requirements, until the State is
granted authorization to do so.
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]]>Agencies
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35636-35641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12375]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0198; FRL-9940-14-Region 1]
Approval and Promulgation of Implementation Plans; Connecticut;
Infrastructure Requirements for Lead, Ozone, Nitrogen Dioxide, Sulfur
Dioxide, and Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) submissions from
Connecticut regarding the infrastructure requirements of the Clean Air
Act (CAA or Act) for the 2008 lead, 2008 ozone, 2010 nitrogen dioxide,
and 2010 sulfur dioxide National Ambient Air Quality Standards (NAAQS).
EPA is also converting conditional approvals for several infrastructure
requirements for the 1997 ozone NAAQS and for the 1997 and 2006 fine
particle (PM2.5) NAAQS to full approval under the CAA.
Furthermore, we are conditionally approving elements of Connecticut's
infrastructure requirements of the CAA regarding prevention of
significant deterioration requirements to treat nitrogen oxides as a
precursor to ozone and to establish a minor source baseline date for
PM2.5 emissions. Lastly, EPA is approving three statutes
submitted by Connecticut in support of its demonstration that the
infrastructure requirements of the CAA have been met. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA.
DATES: This rule is effective on July 5, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2015-0198. All documents in the docket
are listed on the https://www.regulations.gov Web site, although some
information, such as confidential business information or other
information whose disclosure is restricted by statute is not publically
available. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional
[[Page 35637]]
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. Copies of the documents relevant to
this action are also available for public inspection during normal
business hours, by appointment at: Bureau of Air Management, Department
of Energy and Environmental Protection, State Office Building, 79 Elm
Street, Hartford, CT 06106-1630.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Environmental
Scientist, Air Quality Planning Unit, Air Programs Branch (Mail Code
OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post
Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-
1684; simcox.alison@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. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
This rulemaking addresses submissions from the Connecticut
Department of Energy and Environmental Protection (CT DEEP). The state
submitted its infrastructure SIP for each NAAQS on the following dates:
2008 Pb--October 13, 2011; 2008 ozone--December 28, 2012; 2010
NO2--January 2, 2013; and 2010 SO2--May 30, 2013.
This rulemaking also addresses certain infrastructure SIP elements for
the 1997 and 2006 PM2.5 NAAQS for which EPA previously
issued a conditional approval. See 77 FR 63228 (October 16, 2012). The
state submitted these infrastructure SIPs on September 4, 2008, and
September 18, 2009, respectively. Lastly, this rulemaking addresses one
infrastructure SIP element for the 1997 8-hour ozone NAAQS for which
EPA previously issued a conditional approval. See 76 FR 40248 (July 8,
2011). The state submitted this infrastructure SIP on December 28,
2007.
EPA did not receive any comments, adverse or otherwise, in response
to the Notice of Proposed Rulemaking (NPR). See 80 FR 54471 (September
10, 2015).
II. Final Action
EPA is approving SIP submissions from Connecticut certifying that
the state's current SIP is sufficient to meet the required
infrastructure elements under sections 110(a)(1) and 110(a)(2) for the
2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2
NAAQS, with the exception of certain aspects relating to PSD which we
are conditionally approving. A summary of EPA's actions regarding these
infrastructure SIP requirements is contained in Table 1 below.
Table 1--Action Taken on CT Infrastructure SIP Submittals for Listed NAAQS
----------------------------------------------------------------------------------------------------------------
Element 2008 Pb 2008 Ozone 2010 NO2 2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control A A A A
measures...................................
(B): Ambient air quality monitoring and data A A A A
system.....................................
(C)(i): Enforcement of SIP measures......... A A A A
(C)(ii): PSD program for major sources and A * A * A * A *
major modifications........................
(C)(iii): Permitting program for minor A A A A
sources and minor modifications............
(D)(i)(I): Contribute to nonattainment/ A No action A No action
interfere with maintenance of NAAQS (prongs
1 and 2)...................................
(D)(i)(II): PSD (prong 3)................... A * A * A * A *
(D)(i)(II): Visibility Protection (prong 4). A A A A
(D)(ii): Interstate Pollution Abatement..... A A A A
(D)(ii): International Pollution Abatement.. A A A A
(E)(i): Adequate resources.................. A A A A
(E)(ii): State boards....................... A A A A
(E)(iii): Necessary assurances with respect NA NA NA NA
to local agencies..........................
(F): Stationary source monitoring system.... A A A A
(G): Emergency power........................ A A A A
(H): Future SIP revisions................... A A A A
(I): Nonattainment area plan or plan + + + +
revisions under part D.....................
(J)(i): Consultation with government A A A A
officials..................................
(J)(ii): Public notification................ A A A A
(J)(iii): PSD............................... A * A * A * A *
(J)(iv): Visibility protection.............. + + + +
(K): Air quality modeling and data.......... A A A A
(L): Permitting fees........................ A A A A
(M): Consultation and participation by A A A A
affected local entities....................
----------------------------------------------------------------------------------------------------------------
In the above table, the key is as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
A................................. Approve
A *............................... Approve, but conditionally approve
aspect relating to NOX as a
precursor to ozone and minor source
baseline date for PM2.5 under the
PSD program.
+................................. Not germane to infrastructure SIPs.
No action......................... EPA is taking no action on this
infrastructure requirement.
NA................................ Not applicable.
------------------------------------------------------------------------
[[Page 35638]]
With respect to the 1997 and 2006 PM2.5 NAAQS, EPA is
approving Connecticut's infrastructure SIP submittal requirements
pertaining to Elements 110(a)(2)A, D(ii) (interstate pollution
abatement), and E(ii) (state boards) for which a conditional approval
was previously issued. See 77 FR 63228, October 16, 2012. Also with
respect to the 1997 and 2006 PM2.5 NAAQS, EPA is newly
conditionally approving Connecticut's submittals pertaining to Elements
110(a)(2)C(ii), D(i)(II), and J(iii) for the requirements to treat
NOX as a precursor to ozone and to establish a minor source
baseline date for PM2.5 in the PSD program.
With respect to the 1997 8-hour ozone NAAQS, EPA is approving
Connecticut's infrastructure SIP submittal requirements pertaining to
Element 110(a)(2)(D)(ii) (interstate pollution abatement) for which a
conditional approval was previously issued. See 77 FR 63228, October
16, 2012.
In addition, we are incorporating into the Connecticut SIP the
following Connecticut statutes which were included for approval in
Connecticut's infrastructure SIP submittals:
Connecticut General Statutes (CGS) Section 1-85 (Formerly Sec. 1-68)
``Interest in conflict with discharge of duties,'' as published in the
General Statutes of Connecticut revised to January 1, 2015; amended in
Public Act 89-97 in January 1989, effective October 1, 1989;
CGS Section 22a-171 (Formerly Sec. 19-507) ``Duties of Commissioner of
Energy and Environmental Protection,'' as published in the General
Statutes of Connecticut revised to January 1, 2013; amended in Public
Act 84-546 in 1984, effective October 1, 1984;
CGS Section 16a-21a ``Sulfur content of home heating oil and off-road
diesel fuel. Suspension of requirements for emergency,'' as published
in the General Statutes of Connecticut revised to January 1, 2013,
effective July 1, 2011.
As noted in Table 1, EPA is conditionally approving Connecticut's
commitment for sub-element sections 110(a)(2)(C)(ii), (D)(i)(II) and
(J)(iii) with respect to the 2008 Pb, 2008 ozone, 2010 NO2,
and 2010 SO2 NAAQS, as well as newly conditionally approving
the state's submittals for these sub-elements with respect to the 1997
and 2006 PM2.5 NAAQS. In a letter dated August 5, 2015,
Connecticut committed to adopt and submit to EPA, one year from the
publication of this conditional approval, regulatory revisions to
Connecticut's prevention of significant deterioration and new source
review permitting requirements that meet the requirements to treat
NOX as a precursor pollutant to ozone and to establish a
minor source baseline date for PM2.5.
Under section 110(k)(4) of the Act, EPA may conditionally approve a
plan based on a commitment from the State to adopt specific enforceable
measures by a date certain, but not later than one year from the date
of approval. By this date, the State must meet its commitment made in
its August 5, 2015 letter to submit revisions to its PSD program that
fully meet the requirements above. If the State fails to do so, this
action will become a disapproval one year from the date of publication
of final approval. EPA will notify the State by letter that this action
has occurred. At that time, this commitment will no longer be a part of
the approved Connecticut SIP. EPA subsequently will publish a document
in the Federal Register notifying the public that the conditional
approval is converted to a disapproval. If the State meets its
commitment within the applicable time frame, the conditionally approved
submission will remain a part of the SIP until EPA takes final action
approving or disapproving the new submittal. If EPA disapproves the new
submittal, the conditionally approved portions of Connecticut's
Infrastructure SIP submittals will also be disapproved at that time. If
EPA approves the revised PSD program submittal, then the portions of
Connecticut's infrastructure SIP submittals that were conditionally
approved will be fully approved in their entirety. In addition, final
disapproval of an infrastructure SIP submittal triggers the Federal
implementation plan (FIP) requirement under section 110(c).
Other specific requirements of infrastructure SIPs and the
rationale for EPA's final action on Connecticut's submittals are
explained in the NPR and will not be restated here.
III. 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 Orders 12866 (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).
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
[[Page 35639]]
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 2, 2016. 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, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: December 3, 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--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 reserved paragraph (c)(111) and
adding paragraph (c)(112) to read as follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(111) [Reserved]
(112) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
December 28, 2007; September 4, 2008; September 18, 2009; October 13,
2011; December 28, 2012; January 2, 2013; and May 30, 2013.
(i) [Reserved.]
(ii) Additional materials.
(A) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and
(2) for the 8-Hour Ozone National Ambient Air Quality Standard Program
Infrastructure,'' Final, December 28, 2007.
(B) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan for Clean Air Act Section 110(a) Infrastructure
Elements: 1997 National Ambient Air Quality Standard for Fine
Particulate Matter,'' Final, September 4, 2008.
(C) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and
(2) for the 2006 Fine Particulate Matter National Ambient Air Quality
Standard,'' Final, September 18, 2009.
(D) The Connecticut Department of Energy and Environmental
Protection document, ``Request to Withdraw a Portion of Connecticut's
PM2.5 Infrastructure Adequacy Determination,'' January 7,
2011.
(E) The Connecticut Department of Energy and Environmental
Protection document, ``Addendum to the CAA Sec. 110(a)(2)(D)(i)(I)
Portion of Connecticut's Infrastructure Submittal for the 2006
PM2.5 NAAQS,'' August 19, 2011.
(F) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and
(2) for the 2008 Lead National Ambient Air Quality Standard,''
Final, October 13, 2011.
(G) The Connecticut Department of Energy and Environmental
Protection document, ``Update to Connecticut PM2.5
Infrastructure Submittals,'' June 15, 2012.
(H) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan with
Regard to the Infrastructure Requirements of Clean Air Act Section
110(a)(1) and 110(s)(2) for the 2008 Ozone National Ambient Air Quality
Standards, Final, December 28, 2012.
(I) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan with
Regard to the Infrastructure Requirements of Clean Air Act Section
110(a)(1) and 110(a)(2) for the 2010 Nitrogen Dioxide National Ambient
Air Quality Standards, Final, January 2, 2013.
(J) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan for Clean
Air Act Section 110(a) Infrastructure Elements: 2010 Sulfur Dioxide
National Ambient Air Quality Standard, Final, May 30, 2013.
(K) The Connecticut Department of Energy and Environmental
Protection letter, ``Supplement to Infrastructure State Implementation
Plan (SIP) Revisions,'' August 5, 2015.
0
3. Section 52.380 is amended by adding paragraphs (f), (g), and (h) to
read as follows:
Sec. 52.380 Rules and regulations.
* * * * *
Note 1 to paragraphs (f) through (h): ``state'' means the state
of Connecticut.
(f) Connecticut General Statutes Section 1-85. (Formerly Sec. 1-
68). Interest in conflict with discharge of duties: A public official,
including an elected state official, or state employee has an interest
which is in substantial conflict with the proper discharge of his
duties or employment in the public interest and of his responsibilities
as prescribed in the laws of this state, if he has reason to believe or
expect that he, his spouse, a dependent child, or a business with which
he is associated will derive a direct monetary gain or suffer a direct
monetary loss, as the case may be, by reason of his official activity.
A public official, including an elected state official, or state
employee does not have an interest which is in substantial conflict
with the proper discharge of his duties in the public interest and of
his responsibilities as prescribed by the laws of this state, if any
benefit or detriment accrues to him, his spouse, a dependent child, or
a business with which he, his spouse or such dependent child is
associated as a member of a profession, occupation or group to no
greater extent than any other member of such profession, occupation or
group. A public official, including an elected state official or state
employee who has a substantial conflict may not take official action on
the matter.
(g) Connecticut General Statutes Section 22a-171. (Formerly Sec.
19-507). Duties of Commissioner of Energy and Environmental Protection:
The Commissioner of Energy and Environmental Protection of the State of
Connecticut shall:
[[Page 35640]]
(1) Initiate and supervise programs for the purposes of determining
the causes, effect and hazards of air pollution;
(2) Initiate and supervise state-wide programs of air pollution
control education;
(3) Cooperate with and receive money from the Federal Government
and, with the approval of the Governor, from any other public or
private source;
(4) Adopt, amend, repeal and enforce regulations as provided in
Connecticut General Statutes Section 22a-174 and do any other act
necessary to enforce the provisions of Connecticut General Statutes
Chapter 446c and Connecticut General Statutes Section 14-164c;
(5) Advise and consult with agencies of the United States, agencies
of the state, political subdivisions and industries and any other
affected groups in furtherance of the purposes of Connecticut General
Statutes Chapter 446c.
(h) Connecticut General Statutes Section 16a-21a. Sulfur content of
home heating oil and off-road diesel fuel. Suspension of requirements
for emergency. (1)(i) The amount of sulfur content of the following
fuels sold, offered for sale, distributed or used in this state shall
not exceed the following percentages by weight:
(A) For number two heating oil, three-tenths of one per cent; and
(B) For number two off-road diesel fuel, three-tenths of one per
cent.
(ii) Notwithstanding paragraph (h)(1)(i) of this section, the
amount of sulfur content of number two heating oil sold, offered for
sale, distributed or used in this state shall not exceed the following
percentages by weight:
(A) For the period beginning July 1, 2011, and ending June 30,
2014, fifty parts per million; and
(B) On and after July 1, 2014, fifteen parts per million.
(iii) The provisions of paragraph (h)(1)(ii) of this section shall
not take effect until the states of New York, Massachusetts and Rhode
Island each have adopted requirements that are substantially similar to
the provisions of said paragraph (h)(1)(ii).
(2) As of the date on which the last of the states of New York,
Massachusetts and Rhode Island limits the sulfur content of number two
heating oil to one thousand five hundred parts per million, the sulfur
content of number two heating oil sold, offered for sale, distributed
or used in this state shall not exceed one thousand five hundred parts
per million.
(3) As of the date on which the last of the states of New York,
Massachusetts and Rhode Island limits the sulfur content of number two
heating oil to one thousand two hundred fifty parts per million, the
sulfur content of number two heating oil sold, offered for sale,
distributed or used in this state shall not exceed one thousand two
hundred fifty parts per million.
(4) As of the date on which the last of the states of New York,
Massachusetts and Rhode Island limits the sulfur content of number two
heating oil to five hundred parts per million, the sulfur content of
number two heating oil sold, offered for sale, distributed or used in
this state shall not exceed five hundred parts per million.
(5) As of the date on which the last of the states of New York,
Massachusetts and Rhode Island limits the sulfur content of number two
off-road diesel fuel to five hundred parts per million, the sulfur
content of number two off-road diesel fuel offered for sale,
distributed or used in this state shall not exceed five hundred parts
per million.
(6) The Commissioner of Energy and Environmental Protection of the
State of Connecticut may suspend the requirements of subsections (a) to
(e), inclusive, of this Connecticut General Statutes Section 16a-21a if
the commissioner finds that the physical availability of fuel which
complies with such requirements is inadequate to meet the needs of
residential, commercial or industrial users in this state and that such
inadequate physical availability constitutes an emergency provided the
commissioner shall specify in writing the period of time such
suspension shall be in effect.
Note 2 to paragraph (h): EPA has replaced the original
structure of the CT statute with the structure of the CFR and uses
``paragraph'' instead of the original statutory language of
``subsection'' and ``subdivision.'' EPA has also replaced the (a)-
level of the original statute with the (1)-level in the CFR and the
(1)-level in the original statute with the (i)-level in the CFR.
0
4. In Sec. 52.385, Table 52.385 is amended by adding an entry for
Section 1-85, revising the entry for Section 16a-21a, and adding new an
entry for Section 22a-171 to read as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dates
---------------------------------------- Federal Register Comments/
Connecticut state citation Title/subject Date adopted by Date approved by citation Section 52.370 description
state EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Connecticut General Statutes... Interest in conflict October 1, 1989... June 3, 2016...... [Insert Federal c(112) Criteria for
with discharge of Register identifying a
duties. citation]. conflict of
interest.
Section 1-85...............
Connecticut General Statutes... Sulfur content of home July 8, 2013...... June 3, 2016...... [Insert Federal c(112) Allowable sulfur
heating oil and off Register content of fuels
road diesel fuel. citation]. provided.
Suspension of Criteria for
requirements for suspension of
emergency. requirements
identified.
Section 16a-21a............
Connecticut General Statutes... Duties of Commissioner October 1, 1984... June 3, 2016...... [Insert Federal c(112) Obligations and
of Energy and Register activities of the
Environmental citation]. Commissioner
Protection.. identified.
Section 22a-171............
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
5. Add Sec. 52.386 to read as follows:
Sec. 52.386 Section 110(a)(2) infrastructure requirements.
The Connecticut Department of Energy and Environmental Protection
submitted the following infrastructure SIPs on these dates: 2008 Pb
NAAQS--October 13, 2011; 2008 ozone NAAQS--
[[Page 35641]]
December 28, 2012; 2010 NO2 NAAQS--January 2, 2013; and 2010
SO2 NAAQS--May 30, 2013. These infrastructure SIPs are
approved, with the exception of certain elements within
110(a)(2)(C)(ii), D(i)(II), and J(iii), which are conditionally
approved. Connecticut submitted infrastructure SIPs for the 1997 and
2006 PM2.5 NAAQS on September 4, 2008, and September 18,
2009, respectively, and elements 110(a)(2)(A), D(ii), and E(ii), which
were previously conditionally approved, are now approved. Also with
respect to the 1997 and 2006 PM2.5 NAAQS, elements related
to PSD, which include 110(a)(2)C(ii), D(i)(II), and J(iii) are newly
conditionally approved. Connecticut also submitted an Infrastructure
SIP for the 1997 8-hour ozone NAAQS on December 28, 2007, and element
110(a)(2)(D)(ii), which was previously conditionally approved, is now
approved.
[FR Doc. 2016-12375 Filed 6-2-16; 8:45 am]
BILLING CODE 6560-50-P
