Air Plan Approval; Connecticut; Open Burning and Portable Fuel Containers, 60274-60278 [2016-21012]
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THRESHOLD LIMIT VALUES OF AIRBORNE CONTAMINANTS FOR CONSTRUCTION
CAS No.d
Substance
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Silica, crystalline, respirable dust
Cristobalite; see 1926.1153 ...........................................................................................
Quartz; see 1926.1153 5 ................................................................................................
Tripoli (as quartz); see 1926.1153 5 ..............................................................................
Tridymite; see 1926.1153 ..............................................................................................
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SILICA:
Crystalline ..........................
250(k)
Quartz. Threshold Limit calculated from the formula (p)
% SiO2 + 5
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5 See
Mineral Dusts table for the exposure
limit for any operations or sectors where the
exposure limit in § 1926.1153 is stayed or is
otherwise not in effect.
* The PELs are 8-hour TWAs unless
otherwise noted; a (C) designation denotes a
ceiling limit.
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a Parts
of vapor or gas per million parts of
contaminated air by volume at 25 °C and 760
torr.
b Milligrams of substance per cubic meter
of air. When entry is in this column only, the
value is exact; when listed with a ppm entry,
it is approximate.
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d The
CAS number is for information only.
Enforcement is based on the substance name.
For an entry covering more than one metal
compound, measured as the metal, the CAS
number for the metal is given—not CAS
numbers for the individual compounds.
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p This
standard applies to any operations
or sectors for which the respirable crystalline
silica standard, 1926.1153, is stayed or
otherwise is not in effect.
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[FR Doc. 2016–20442 Filed 8–31–16; 8:45 am]
BILLING CODE 4510–26–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R01–OAR–2015–0471; A–1–FRL–
9943–06–Region 1]
Air Plan Approval; Connecticut; Open
Burning and Portable Fuel Containers
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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14464–46–1
14808–60–7
1317–95–9
15468–32–3
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Connecticut
on November 19, 2012. We are
approving Connecticut’s request to
remove two regulations from its SIP that
regulate ‘‘open burning’’ and ‘‘portable
fuel container spillage control.’’ In place
of the open burning regulation, we are
approving into the Connecticut SIP a
Connecticut statute that controls open
burning. We are also approving a
definition of ‘‘brush,’’ which was
included in a December 14, 2015 SIP
submittal by Connecticut to meet
infrastructure requirements of the Clean
Air Act for the 2012 fine particle (PM2.5)
National Ambient Air Quality Standards
(NAAQS). The requirements in the
Connecticut portable fuel container
regulation have been superseded by
federal portable fuel container
requirements. This action is being taken
in accordance with the Clean Air Act.
DATES: This direct final rule will be
effective October 31, 2016, unless EPA
receives adverse comments by October
3, 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–2015–0471 by one of the
following methods:
1. https://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–2015–0471,’’
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 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,
Office of Ecosystem Protection, U.S.
PO 00000
mg/m3 b
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SUMMARY:
MINERAL DUSTS
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ppm a*
Environmental Protection Agency, EPA
New England Regional Office, 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
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–2015–
0471. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The https://
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 https://
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 https://
www.regulations.gov index. Although
listed in the index, some information is
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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 at https://
www.regulations.gov or at U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, 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: The Bureau of Air
Management, Department of Energy and
Environmental Protection, State Office
Building, 79 Elm Street, Hartford, CT
06106–1630.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
Office, 5 Post Office Square–Suite 100,
(Mail code OEP05–2), Boston, MA
02109–3912, telephone number (617)
918–1684, fax number (617) 918–0684,
email 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. EPA’s Evaluation of Connecticut’s SIP
Revisions
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. Background and Purpose
On November 19, 2012, the State of
Connecticut submitted a formal revision
to its State Implementation Plan (SIP).
The SIP revision consists of a request to
remove two regulations from its SIP that
regulate open burning (Regulations of
Connecticut State Agencies (RCSA)
section 22a–174–17 (formerly section
19–508–17) and ‘‘portable fuel container
spillage control’’ (RCSA section 22a–
174–43), and to add into the SIP a
statute, Connecticut General Statutes
(CGS) section 22a–174(f), that regulates
open burning.
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Open Burning
Connecticut adopted regulations to
control open burning in 1972. On May
31, 1972, EPA approved RCSA section
19–508–17 ‘‘Control of Open Burning’’
into the Connecticut SIP (37 FR 10842).
In 1983, the state re-codified section 19–
508–17 as section 22a–174–17 and,
subsequently, adopted revisions to CGS
section 22a–174(f) to control open
burning, effective March 30, 2000.
Connecticut intended that the statute
supersede the regulation. Although CGS
section 22a–174(f) authorizes the
Connecticut Department of Energy and
Environmental Protection (CT DEEP) to
adopt regulations to control open
burning, the agency did not adopt a new
regulation and, instead, enforces CGS
section 22a–174(f) as the state’s sole
authority for regulation of open burning.
On September 27, 2011, CT DEEP
proposed to repeal RCSA section 22a–
174–17 and held a public hearing on
November 9, 2011. CT DEEP repealed
RCSA section 22a–174–17, effective on
September 10, 2012. On November 19,
2012, CT DEEP submitted a SIP revision
to EPA to remove RCSA section 19–
508–17 ‘‘Control of Open Burning’’ from
the Connecticut SIP and to replace it
with a Connecticut statute, CGS section
22a–174(f). Because implementation of
this statute depends on having a
definition of ‘‘brush,’’ Connecticut
included a definition of this term in its
December 14, 2015 SIP submittal to
meet infrastructure requirements of the
Clean Air Act for the 2012 fine particle
(PM2.5) National Ambient Air Quality
Standards (NAAQS).
Portable Fuel Container Spillage
Connecticut adopted regulations to
control portable fuel container spillage
in 2004. On August 31, 2006, EPA
approved RCSA section 22a–174–43
‘‘Portable Fuel Container Spillage
Control’’ into the Connecticut SIP (71
FR 51761). In 2007, EPA issued a
regulation entitled ‘‘Control of
Hazardous Air Pollutants from Mobile
Sources’’ (72 FR 8428), which included
new federal requirements for portable
fuel containers. See 40 CFR part 59,
subpart F ‘‘Control of Evaporative
Emissions from New and In-Use
Portable Fuel Containers.’’
On September 27, 2011, the CT DEEP
proposed to repeal RCSA section 22a–
174–43 ‘‘Portable Fuel Container
Spillage Control’’ and held a public
hearing on November 9, 2011. CT DEEP
repealed RCSA section 22a–174–43,
effective on September 10, 2012. On
November 19, 2012, CT DEEP submitted
a SIP revision to EPA to remove RCSA
section 22a–174–43 ‘‘Portable Fuel
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Container Spillage Control’’ from the
Connecticut SIP.
II. EPA’s Evaluation of Connecticut’s
SIP Revisions
Open Burning
The open burning rule, RCSA section
19–508–17, which is currently in the
Connecticut SIP, identifies the types of
open fires that are allowed within state
boundaries, and the types of fires that
require a written certificate from the
Commissioner. Open fires that are
allowed include barbecues or other
outdoor open fires for cooking food;
campfires, bonfires, and other fires for
ceremonial or recreational purposes;
fires to abate a fire hazard as directed by
a responsible fire official; fires in
devices used by construction or other
workers for heating purposes; and small
fires needed for activities such as street
installation or paving activities and
repairing utilities.
Fires that require a written certificate
from the Commissioner include fires for
fire-fighting training; fires for preventing
or controlling diseases or pests,
including agricultural diseases and
pests; agricultural burning for vegetation
management; fires for the disposal of
dangerous materials where no
reasonable alternative disposal method
is available; and other fires which the
Commissioner determines are necessary
for protection of public health.
CGS section 22a–174(f) allows local
open-burning officials to issue permits
for open burning on residential property
and for fire training, insect control,
agricultural purposes, natural disaster
clean-up, wildlife habitat and vegetative
management and ecological
sustainability. It also allows officials to
issue permits for open burning of brush
in municipal landfills, transfer stations
and municipal recycling centers. Open
burning of brush is not allowed when
national or state air quality standards
may be exceeded, where it may create
a hazardous health condition, when
forest fire danger is extreme, where
woodland or grass land is within 100
feet of the proposed burn, or where
prohibited by municipal ordinance.
Burning of leaves, demolition waste or
other solid waste in municipal landfills
is also prohibited. The statute also
establishes a process for certifying local
open burning officials.
Based on a comparison of provisions
in SIP-approved RCSA section 19–508–
17 and CGS section 22a–174(f), EPA has
determined that the statute is at least as
stringent as the regulation except in one
regard. CGS section 22a–174(f) includes
the term ‘‘brush,’’ but does not include
a definition of this term. Instead of
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including the definition of brush in the
statute, Connecticut added ‘‘brush’’ to
RCSA section 22a–174–1 (definitions),
effective February 1, 2010: ‘‘Brush’’
means shrubs, vegetation or prunings,
the diameter of which is not greater than
three inches at the widest point.’’
Connecticut included this definition as
contained in RCSA section 22a–174–
1(19) as part of the state’s December 14,
2015 SIP submittal for infrastructure
requirements for the 2012 PM2.5
NAAQS. Therefore, EPA has determined
that removing RCSA section 19–508–17
from the Connecticut SIP and replacing
it with CGS section 22a–174(f) is
consistent with the Clean Air Act
section 110(l) anti-backsliding
requirements. Accordingly, EPA is
approving: (1) The removal of RSCA
section 19–508–17 from the Connecticut
SIP; (2) the addition of CGS section 22a–
174(f), submitted on November 19,
2012, into the Connecticut SIP; and (3)
the addition of the definition of ‘‘brush’’
in RSCA section 22a–174–1, submitted
on December 14, 2015, into the
Connecticut SIP.
Portable Fuel Container Spillage
The regulation that controls portable
fuel container spillage presently in the
Connecticut SIP, RCSA section 22a–
174–43, was adopted by the state in
2004, and applies to any person who
sells, supplies, offers for sale, or
manufactures a portable fuel container
or spout for use in Connecticut. In 2007,
EPA promulgated national evaporative
emission standards for portable fuel
containers. EPA’s regulation prohibits
manufacturers or importers from selling,
offering for sale, introducing or
delivering for introduction into
commerce in the United States, or
importing, any new portable fuel
container that is subject to the emissions
standards of the regulation and is
manufactured after December 31, 2008,
unless it is covered by a valid certificate
of conformity, it is labeled as required,
and it complies with all of the
applicable requirements of the
regulation, including compliance with
the emissions standards for its useful
life. After June 30, 2009, no
manufacturer or importer may sell, offer
for sale, introduce or deliver into
commerce in the United States, or
import any new portable fuel container
that was manufactured prior to January
1, 2009 unless it meets the requirements
of the regulation.
EPA’s regulation also prohibits
wholesale distributors from selling,
offering for sale, or distributing any
portable fuel container in the United
States that is subject to the emissions
standards of the regulation and is
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manufactured after December 31, 2008,
unless it is covered by a valid certificate
of conformity and is labeled as required.
After December 31, 2009, no wholesale
distributor may sell, offer for sale, or
distribute in the United States any
portable fuel container that was
manufactured prior to January 1, 2009
unless it meets all of the requirements
of the regulation. After December 31,
2009, all new portable fuel containers
shall be deemed to be manufactured
after December 31, 2008 unless they are
in retail inventory.
Even though the applicability date for
SIP-approved RCSA section 22a–174–43
is earlier, May 1, 2004, all fuel
containers must now (in the year 2016
and beyond) meet the federal regulation,
which is as stringent as RCSA section
22a–174–43. Therefore, EPA has
determined that removal of RCSA
section 22a–174–43 from the
Connecticut SIP is consistent with the
Clean Air Act section 110(l) antibacksliding requirements and is
approvable.
IV. Final Action
EPA is approving Connecticut’s
request, submitted to EPA on November
19, 2012, to remove from the
Connecticut SIP RCSA section 19–508–
17 ‘‘Control of Open Burning’’ and
section 22a–174–43 ‘‘Portable Fuel
Container Spillage Control.’’ We are also
incorporating into the Connecticut SIP
the following Connecticut statute which
was included in the November 19, 2012
submittal: Connecticut General Statute,
Title 446c, Section 22a–174 (Formerly
Sec. 19–508) ‘‘Powers of the
commissioner. Regulations. Fees.
Exemptions. General permits. Appeal of
commissioner’s action re permit
applications,’’ (f) ‘‘Open Burning,’’
effective March 30, 2000. In addition,
EPA is approving the definition of
‘‘brush’’ as contained in RCSA section
22a–174–1, which was included in
Connecticut’s December 14, 2015
submittal to meet infrastructure
requirements under sections 110(a)(1)
and 110(a)(2) of the Clean Air Act for
the 2012 PM2.5 NAAQS.
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 October
31, 2016 without further notice unless
the Agency receives relevant adverse
comments by October 3, 2016.
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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 October 31, 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
Connecticut General Statute, Title 446c,
Section 22a–174 (Formerly Sec. 19–508)
‘‘Powers of the commissioner.
Regulations. Fees. Exemptions. General
permits. Appeal of commissioner’s
action re permit applications,’’ (f)
‘‘Open burning,’’ effective March 30,
2000, as published in the General
Statutes of Connecticut, revision of
1958, revised to January 1, 2015, volume
8, described in the amendments to 40
CFR part 52 set forth below. EPA is also
finalizing the incorporation by reference
of RCSA section 22a–174–1(19)
‘‘brush,’’ effective February 1, 2010, as
published in the State of Connecticut
General Statutes, revised to January 1,
2015, described in the amendments to
40 CFR part 52 set forth below. Note
that the definition for paragraph (19) in
the statute that is incorporated by
reference is the same as the definition
that became effective in Connecticut on
February 1, 2010. The EPA has made,
and will continue to make, these
documents generally available
electronically through https://
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
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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
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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
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 October 31, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 4, 2016.
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:
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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:
a. Removing and reserving paragraph
(c)(95)(i)(C); and
■
■
b. Adding paragraph (c)(113).
The addition reads as follows:
§ 52.370
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Identification of plan.
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(c) * * *
(113) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of Energy and
Environmental Protection on November
19, 2012 and December 14, 2015.
(i) Incorporation by reference.
(A) Section 19–508–17, ‘‘Control of
Open Burning,’’ which was approved in
the March 1972 plan (see paragraph (b))
is removed and replaced with the
following:
(1) Connecticut General Statute, Title
22A ‘‘Environmental Protection,’’
Chapter 446c ‘‘Air Pollution Control,’’
Section 22a–174 ‘‘(Formerly Sec. 19–
508). Powers of the commissioner.
Regulations. Fees. Exemptions. General
permits. Appeal of commissioner’s
action re permit applications,’’
paragraph (f), effective March 30, 2000,
as published in the General Statutes of
Connecticut, revision of 1958, revised to
January 1, 2015, volume 8.
(2) Regulations of Connecticut State
Agencies (RCSA) section 22a-174–1
entitled ‘‘Definitions,’’ revisions to
Section 22a-174–1(19), as published in
the Connecticut Law Journal on July 1,
2014.
(B) [Reserved]
(ii) Additional materials. [Reserved]
3. In § 52.385, Table 52.385 is
amended by adding entries to existing
state citations for 22a–174–1, 22a–174–
17, and 22a–174–43; and adding an
entry for CGS Section 22a–174(f) to read
as follows:
■
§ 52.385 EPA-approved Connecticut
regulations.
*
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*
01SER1
*
*
60278
Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut state citation
Title/subject
*
22a–174–1 .................
*
Definitions .................
*
2/1/10
*
22a–174–17 (formerly
19–508–17).
*
Control of Open
Burning.
*
4/4/72
9/1/16
*
22a–174–43 ...............
*
Portable Fuel Container Spillage Control.
*
5/10/04
9/1/16
*
Connecticut General
Statute, Title 446c,
Section 22a–174(f).
*
Powers of the commissioner. Open
Burning.
*
3/30/00
9/1/16
[FR Doc. 2016–21012 Filed 8–31–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 661
[Docket Nos. FTA–2016–0019 & FTA–2016–
0020]
Notice of Policy on the Implementation
of the Phased Increase in Domestic
Content Under the Buy America Waiver
for Rolling Stock and Notice of Public
Interest Waiver of Buy America
Domestic Content Requirements for
Rolling Stock Procurement in Limited
Circumstances
AGENCY:
Federal Transit Administration,
DOT.
Notice of final policy and public
interest waiver.
ACTION:
This final policy consists of
the Federal Transit Administration’s
(FTA) policy statement regarding its
implementation of the phased-in
increase in domestic content for rolling
stock under the FTA’s Buy America
statute, as amended by the Fixing
America’s Surface Transportation
(FAST) Act. Through this final policy,
FTA is providing guidance to transit
SUMMARY:
asabaliauskas on DSK3SPTVN1PROD with RULES
Federal
Register
citation
9/1/16
Date
adopted by
state
VerDate Sep<11>2014
16:43 Aug 31, 2016
Jkt 238001
Date
approved by
EPA
*
Section 52.370
*
[Insert Federal
Register citation].
*
(c)(113)
*
[Insert Federal
Register citation].
*
(b)(2)
*
[Insert Federal
Register citation].
*
(c)(95)
*
[Insert Federal
Register citation].
agencies and transit vehicle
manufacturers regarding how they are to
implement the FAST Act’s statutory
amendments. Additionally, FTA is
providing notice of public interest
waivers of Buy America domestic
content requirements for rolling stock
procurements in limited circumstances.
DATES: The final policy takes effect on
September 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Cecelia Comito, Assistant Chief
Counsel, Office of the Chief Counsel,
phone: (202) 366–2217, or email,
Cecelia.Comito@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Proposed Policy Guidance and Public
Interest Waiver
A. Proposed Policy
B. Proposed Public Interest Waiver
III. Response to Comments
A. What date controls the percentage of
domestic content?
B. How do the new requirements apply to
options, joint procurements, and
piggyback procurements?
C. Do the increased domestic content
requirements extend to subcomponents?
D. Do the changes also apply to train
control, communication, and traction
power systems?
E. Does the increase in domestic content
requirements apply to remanufactured,
overhauled, or rebuilt transit vehicles?
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
(c)(113)
Comments/description
*
*
Approved 22a–174–1(19) definition of
‘‘brush’’ for purposes of Connecticut General Statutes (CGS) Section 22a–174(f);
see paragraph (c)(113)(A) of this section.
*
*
DEEP regulation to control open burning.
Paragraph (b) was revised 9/1/16 by redesignating paragraph (b) as (b)(1) and
adding paragraph (b)(2) to read as follows: This rule, formerly known as Section 19–508–17, which was approved in
paragraph (b)(1), is removed from the
SIP and replaced by Connecticut General
Statute (CGS) section 22a–174(f) and
RCSA section 22a–174–1(19); see paragraph (c)(113)(A) of this section.
*
*
DEEP regulation to control portable fuel
container spillage. Paragraph (c)(95) was
revised 9/1/16 by removing and reserving
paragraph (c)(95)(i)(C).
*
*
Control of open burning; see paragraph
(c)(113)(A) of this section.
F. Do the FAST Act amendments apply to
passenger ferry vessels?
G. How do the new rules apply to
reimported domestic steel and iron?
H. Will FTA issue public interest waivers
for vehicle procurements underway
when the FAST Act was enacted?
IV. Final Policy Guidance and Public Interest
Waivers
A. Final Policy Guidance
B. Final Public Interest Waivers
I. Introduction
This Notice provides guidance and
clarification to transit agencies and
transit vehicle manufacturers regarding
FTA’s implementation of the FAST
Act’s amendments to 49 U.S.C.
5323(j)(2)(C).
Section 3011 of the FAST Act (Pub. L.
114–94, enacted December 4, 2015)
amended the rolling stock waiver in 49
U.S.C. 5323(j)(2)(C) to require a two-step
increase in the domestic content of
rolling stock as follows:
When procuring rolling stock with
FTA financial assistance (including
train control, communication, traction
power, and rolling stock prototypes), the
cost of components and subcomponents
produced in the United States for fiscal
years 2016 and 2017, is more than 60
percent of the cost of all components of
the rolling stock; for fiscal years 2018
and 2019, is more than 65 percent of the
cost of all components of the rolling
stock; and for fiscal year 2020 and each
E:\FR\FM\01SER1.SGM
01SER1
]]>Agencies
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Rules and Regulations]
[Pages 60274-60278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21012]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0471; A-1-FRL-9943-06-Region 1]
Air Plan Approval; Connecticut; Open Burning and Portable Fuel
Containers
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 November 19, 2012. We are approving Connecticut's
request to remove two regulations from its SIP that regulate ``open
burning'' and ``portable fuel container spillage control.'' In place of
the open burning regulation, we are approving into the Connecticut SIP
a Connecticut statute that controls open burning. We are also approving
a definition of ``brush,'' which was included in a December 14, 2015
SIP submittal by Connecticut to meet infrastructure requirements of the
Clean Air Act for the 2012 fine particle (PM2.5) National
Ambient Air Quality Standards (NAAQS). The requirements in the
Connecticut portable fuel container regulation have been superseded by
federal portable fuel container requirements. This action is being
taken in accordance with the Clean Air Act.
DATES: This direct final rule will be effective October 31, 2016,
unless EPA receives adverse comments by October 3, 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-2015-0471 by one of the following methods:
1. https://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-2015-0471,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 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, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
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 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-
2015-0471. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov, or email, information that you consider to be CBI
or otherwise protected. The https://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 https://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
https://www.regulations.gov index. Although listed in the index, some
information is
[[Page 60275]]
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 at https://www.regulations.gov or at U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, 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: The Bureau of Air Management, Department of Energy
and Environmental Protection, State Office Building, 79 Elm Street,
Hartford, CT 06106-1630.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square-Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912, telephone number (617) 918-1684, fax number (617) 918-0684,
email 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. EPA's Evaluation of Connecticut's SIP Revisions
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On November 19, 2012, the State of Connecticut submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consists of a request to remove two regulations from its SIP that
regulate open burning (Regulations of Connecticut State Agencies (RCSA)
section 22a-174-17 (formerly section 19-508-17) and ``portable fuel
container spillage control'' (RCSA section 22a-174-43), and to add into
the SIP a statute, Connecticut General Statutes (CGS) section 22a-
174(f), that regulates open burning.
Open Burning
Connecticut adopted regulations to control open burning in 1972. On
May 31, 1972, EPA approved RCSA section 19-508-17 ``Control of Open
Burning'' into the Connecticut SIP (37 FR 10842). In 1983, the state
re-codified section 19-508-17 as section 22a-174-17 and, subsequently,
adopted revisions to CGS section 22a-174(f) to control open burning,
effective March 30, 2000. Connecticut intended that the statute
supersede the regulation. Although CGS section 22a-174(f) authorizes
the Connecticut Department of Energy and Environmental Protection (CT
DEEP) to adopt regulations to control open burning, the agency did not
adopt a new regulation and, instead, enforces CGS section 22a-174(f) as
the state's sole authority for regulation of open burning.
On September 27, 2011, CT DEEP proposed to repeal RCSA section 22a-
174-17 and held a public hearing on November 9, 2011. CT DEEP repealed
RCSA section 22a-174-17, effective on September 10, 2012. On November
19, 2012, CT DEEP submitted a SIP revision to EPA to remove RCSA
section 19-508-17 ``Control of Open Burning'' from the Connecticut SIP
and to replace it with a Connecticut statute, CGS section 22a-174(f).
Because implementation of this statute depends on having a definition
of ``brush,'' Connecticut included a definition of this term in its
December 14, 2015 SIP submittal to meet infrastructure requirements of
the Clean Air Act for the 2012 fine particle (PM2.5)
National Ambient Air Quality Standards (NAAQS).
Portable Fuel Container Spillage
Connecticut adopted regulations to control portable fuel container
spillage in 2004. On August 31, 2006, EPA approved RCSA section 22a-
174-43 ``Portable Fuel Container Spillage Control'' into the
Connecticut SIP (71 FR 51761). In 2007, EPA issued a regulation
entitled ``Control of Hazardous Air Pollutants from Mobile Sources''
(72 FR 8428), which included new federal requirements for portable fuel
containers. See 40 CFR part 59, subpart F ``Control of Evaporative
Emissions from New and In-Use Portable Fuel Containers.''
On September 27, 2011, the CT DEEP proposed to repeal RCSA section
22a-174-43 ``Portable Fuel Container Spillage Control'' and held a
public hearing on November 9, 2011. CT DEEP repealed RCSA section 22a-
174-43, effective on September 10, 2012. On November 19, 2012, CT DEEP
submitted a SIP revision to EPA to remove RCSA section 22a-174-43
``Portable Fuel Container Spillage Control'' from the Connecticut SIP.
II. EPA's Evaluation of Connecticut's SIP Revisions
Open Burning
The open burning rule, RCSA section 19-508-17, which is currently
in the Connecticut SIP, identifies the types of open fires that are
allowed within state boundaries, and the types of fires that require a
written certificate from the Commissioner. Open fires that are allowed
include barbecues or other outdoor open fires for cooking food;
campfires, bonfires, and other fires for ceremonial or recreational
purposes; fires to abate a fire hazard as directed by a responsible
fire official; fires in devices used by construction or other workers
for heating purposes; and small fires needed for activities such as
street installation or paving activities and repairing utilities.
Fires that require a written certificate from the Commissioner
include fires for fire-fighting training; fires for preventing or
controlling diseases or pests, including agricultural diseases and
pests; agricultural burning for vegetation management; fires for the
disposal of dangerous materials where no reasonable alternative
disposal method is available; and other fires which the Commissioner
determines are necessary for protection of public health.
CGS section 22a-174(f) allows local open-burning officials to issue
permits for open burning on residential property and for fire training,
insect control, agricultural purposes, natural disaster clean-up,
wildlife habitat and vegetative management and ecological
sustainability. It also allows officials to issue permits for open
burning of brush in municipal landfills, transfer stations and
municipal recycling centers. Open burning of brush is not allowed when
national or state air quality standards may be exceeded, where it may
create a hazardous health condition, when forest fire danger is
extreme, where woodland or grass land is within 100 feet of the
proposed burn, or where prohibited by municipal ordinance. Burning of
leaves, demolition waste or other solid waste in municipal landfills is
also prohibited. The statute also establishes a process for certifying
local open burning officials.
Based on a comparison of provisions in SIP-approved RCSA section
19-508-17 and CGS section 22a-174(f), EPA has determined that the
statute is at least as stringent as the regulation except in one
regard. CGS section 22a-174(f) includes the term ``brush,'' but does
not include a definition of this term. Instead of
[[Page 60276]]
including the definition of brush in the statute, Connecticut added
``brush'' to RCSA section 22a-174-1 (definitions), effective February
1, 2010: ``Brush'' means shrubs, vegetation or prunings, the diameter
of which is not greater than three inches at the widest point.''
Connecticut included this definition as contained in RCSA section 22a-
174-1(19) as part of the state's December 14, 2015 SIP submittal for
infrastructure requirements for the 2012 PM2.5 NAAQS.
Therefore, EPA has determined that removing RCSA section 19-508-17 from
the Connecticut SIP and replacing it with CGS section 22a-174(f) is
consistent with the Clean Air Act section 110(l) anti-backsliding
requirements. Accordingly, EPA is approving: (1) The removal of RSCA
section 19-508-17 from the Connecticut SIP; (2) the addition of CGS
section 22a-174(f), submitted on November 19, 2012, into the
Connecticut SIP; and (3) the addition of the definition of ``brush'' in
RSCA section 22a-174-1, submitted on December 14, 2015, into the
Connecticut SIP.
Portable Fuel Container Spillage
The regulation that controls portable fuel container spillage
presently in the Connecticut SIP, RCSA section 22a-174-43, was adopted
by the state in 2004, and applies to any person who sells, supplies,
offers for sale, or manufactures a portable fuel container or spout for
use in Connecticut. In 2007, EPA promulgated national evaporative
emission standards for portable fuel containers. EPA's regulation
prohibits manufacturers or importers from selling, offering for sale,
introducing or delivering for introduction into commerce in the United
States, or importing, any new portable fuel container that is subject
to the emissions standards of the regulation and is manufactured after
December 31, 2008, unless it is covered by a valid certificate of
conformity, it is labeled as required, and it complies with all of the
applicable requirements of the regulation, including compliance with
the emissions standards for its useful life. After June 30, 2009, no
manufacturer or importer may sell, offer for sale, introduce or deliver
into commerce in the United States, or import any new portable fuel
container that was manufactured prior to January 1, 2009 unless it
meets the requirements of the regulation.
EPA's regulation also prohibits wholesale distributors from
selling, offering for sale, or distributing any portable fuel container
in the United States that is subject to the emissions standards of the
regulation and is manufactured after December 31, 2008, unless it is
covered by a valid certificate of conformity and is labeled as
required. After December 31, 2009, no wholesale distributor may sell,
offer for sale, or distribute in the United States any portable fuel
container that was manufactured prior to January 1, 2009 unless it
meets all of the requirements of the regulation. After December 31,
2009, all new portable fuel containers shall be deemed to be
manufactured after December 31, 2008 unless they are in retail
inventory.
Even though the applicability date for SIP-approved RCSA section
22a-174-43 is earlier, May 1, 2004, all fuel containers must now (in
the year 2016 and beyond) meet the federal regulation, which is as
stringent as RCSA section 22a-174-43. Therefore, EPA has determined
that removal of RCSA section 22a-174-43 from the Connecticut SIP is
consistent with the Clean Air Act section 110(l) anti-backsliding
requirements and is approvable.
IV. Final Action
EPA is approving Connecticut's request, submitted to EPA on
November 19, 2012, to remove from the Connecticut SIP RCSA section 19-
508-17 ``Control of Open Burning'' and section 22a-174-43 ``Portable
Fuel Container Spillage Control.'' We are also incorporating into the
Connecticut SIP the following Connecticut statute which was included in
the November 19, 2012 submittal: Connecticut General Statute, Title
446c, Section 22a-174 (Formerly Sec. 19-508) ``Powers of the
commissioner. Regulations. Fees. Exemptions. General permits. Appeal of
commissioner's action re permit applications,'' (f) ``Open Burning,''
effective March 30, 2000. In addition, EPA is approving the definition
of ``brush'' as contained in RCSA section 22a-174-1, which was included
in Connecticut's December 14, 2015 submittal to meet infrastructure
requirements under sections 110(a)(1) and 110(a)(2) of the Clean Air
Act for the 2012 PM2.5 NAAQS.
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 October
31, 2016 without further notice unless the Agency receives relevant
adverse comments by October 3, 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 October 31, 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
Connecticut General Statute, Title 446c, Section 22a-174 (Formerly Sec.
19-508) ``Powers of the commissioner. Regulations. Fees. Exemptions.
General permits. Appeal of commissioner's action re permit
applications,'' (f) ``Open burning,'' effective March 30, 2000, as
published in the General Statutes of Connecticut, revision of 1958,
revised to January 1, 2015, volume 8, described in the amendments to 40
CFR part 52 set forth below. EPA is also finalizing the incorporation
by reference of RCSA section 22a-174-1(19) ``brush,'' effective
February 1, 2010, as published in the State of Connecticut General
Statutes, revised to January 1, 2015, described in the amendments to 40
CFR part 52 set forth below. Note that the definition for paragraph
(19) in the statute that is incorporated by reference is the same as
the definition that became effective in Connecticut on February 1,
2010. The EPA has made, and will continue to make, these documents
generally available electronically through https://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
[[Page 60277]]
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 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 October 31, 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 4, 2016.
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:
0
a. Removing and reserving paragraph (c)(95)(i)(C); and
0
b. Adding paragraph (c)(113).
The addition reads as follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(113) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
November 19, 2012 and December 14, 2015.
(i) Incorporation by reference.
(A) Section 19-508-17, ``Control of Open Burning,'' which was
approved in the March 1972 plan (see paragraph (b)) is removed and
replaced with the following:
(1) Connecticut General Statute, Title 22A ``Environmental
Protection,'' Chapter 446c ``Air Pollution Control,'' Section 22a-174
``(Formerly Sec. 19-508). Powers of the commissioner. Regulations.
Fees. Exemptions. General permits. Appeal of commissioner's action re
permit applications,'' paragraph (f), effective March 30, 2000, as
published in the General Statutes of Connecticut, revision of 1958,
revised to January 1, 2015, volume 8.
(2) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-1 entitled ``Definitions,'' revisions to Section 22a-174-1(19), as
published in the Connecticut Law Journal on July 1, 2014.
(B) [Reserved]
(ii) Additional materials. [Reserved]
0
3. In Sec. 52.385, Table 52.385 is amended by adding entries to
existing state citations for 22a-174-1, 22a-174-17, and 22a-174-43; and
adding an entry for CGS Section 22a-174(f) to read as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
[[Page 60278]]
Table 52.385--EPA-Approved Regulations
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Dates
-------------------------------- Federal Register
Connecticut state citation Title/subject Date adopted Date approved citation Section 52.370 Comments/description
by state by EPA
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* * * * * * *
22a-174-1....................... Definitions........ 2/1/10 9/1/16 [Insert Federal (c)(113) Approved 22a-174-1(19)
Register citation]. definition of ``brush''
for purposes of
Connecticut General
Statutes (CGS) Section
22a-174(f); see
paragraph (c)(113)(A)
of this section.
* * * * * * *
22a-174-17 (formerly 19-508-17). Control of Open 4/4/72 9/1/16 [Insert Federal (b)(2) DEEP regulation to
Burning. Register citation]. control open burning.
Paragraph (b) was
revised 9/1/16 by
redesignating paragraph
(b) as (b)(1) and
adding paragraph (b)(2)
to read as follows:
This rule, formerly
known as Section 19-508-
17, which was approved
in paragraph (b)(1), is
removed from the SIP
and replaced by
Connecticut General
Statute (CGS) section
22a-174(f) and RCSA
section 22a-174-1(19);
see paragraph
(c)(113)(A) of this
section.
* * * * * * *
22a-174-43...................... Portable Fuel 5/10/04 9/1/16 [Insert Federal (c)(95) DEEP regulation to
Container Spillage Register citation]. control portable fuel
Control. container spillage.
Paragraph (c)(95) was
revised 9/1/16 by
removing and reserving
paragraph
(c)(95)(i)(C).
* * * * * * *
Connecticut General Statute, Powers of the 3/30/00 9/1/16 [Insert Federal (c)(113) Control of open burning;
Title 446c, Section 22a-174(f). commissioner. Open Register citation]. see paragraph
Burning. (c)(113)(A) of this
section.
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[FR Doc. 2016-21012 Filed 8-31-16; 8:45 am]
BILLING CODE 6560-50-P
