81 FR 33134 - Air Plan Approval; Connecticut; Sulfur Content of Fuel Oil Burned in Stationary Sources
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 101 (May 25, 2016)
Federal Register Volume 81, Issue 101 (May 25, 2016)
| Page Range | 33134-33139 | |
| FR Document | 2016-12120 |
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)] [Rules and Regulations] [Pages 33134-33139] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12120] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2014-0364; A-1-FRL-9939-63-Region 1] Air Plan Approval; Connecticut; Sulfur Content of Fuel Oil Burned in Stationary Sources AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut on April 22, 2014, with supplemental submittals on June 18, 2015 and September 25, 2015. This revision establishes sulfur in fuel oil content limits for use in stationary sources. In addition, the submittal includes a revision to the sampling and emission testing methods for the sulfur content in liquid fuels. The intended effect of this action is to approve these requirements into the Connecticut SIP. This action is being taken under the Clean Air Act. DATES: This direct final rule will be effective July 25, 2016, unless EPA receives adverse comments by June 24, 2016. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R01-OAR-2014-0364 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Fax: (617) 918-0047. 4. Mail: Docket Identification Number EPA-R01-OAR-2014-0364, Anne Arnold, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912. 5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, Manager, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, 5 Post Office Square--Suite 100, (mail code OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are [[Page 33135]] Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Instructions: Direct your comments to Docket ID No. EPA-R01-OAR- 2014-0364. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov, or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. In addition, copies of the state submittal are also available for public inspection during normal business hours, by appointment at the State Air Agency; Bureau of Air Management, Department of Energy and Environmental Protection, State Office Building, 79 Elm Street, Hartford, CT 06106-1630. FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, telephone (617) 918-1697, facsimile (617) 918- 0697, email [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. Background and Purpose II. Connecticut's SIP Revision III. EPA's Evaluation of Connecticut's SIP Revision a. New Section 22a-174-19b ``Fuel Sulfur Content Limitations for Stationary Sources'' b. Revisions to Section 22a-174-19 ``Control of Sulfur Compound Emissions'' c. Revisions to Section 22a-174-19a ``Control of Sulfur Dioxide Emissions From Power Plants and Other Large Stationary Sources of Air Pollution'' d. Revisions to Section 22a-174-5 (previously codified as Section 19-508-5) ``Methods for Sampling, Emission Testing, and Reporting'' IV. Final Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background and Purpose In section 169A(a)(1) of the 1977 Amendments to the Clean Air Act (CAA), Congress created a program for protecting visibility in the nation's national parks and wilderness areas. This section of the CAA establishes as a national goal the ``prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas \1\ which impairment results from manmade air pollution.'' Congress added section 169B to the CAA in 1990 to address regional haze issues. EPA promulgated a rule to address regional haze on July 1, 1999 (64 FR 35714), the Regional Haze Rule. The Regional Haze Rule revised the existing visibility regulations to integrate into the regulation provisions addressing regional haze impairment and established a comprehensive visibility protection program for Class I areas. --------------------------------------------------------------------------- \1\ Areas designated as mandatory Class I Federal areas consist of national parks exceeding 6000 acres, wilderness areas and national memorial parks exceeding 5000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). In accordance with section 169A of the CAA, EPA, in consultation with the Department of Interior, promulgated a list of 156 areas where visibility is identified as an important value (44 FR 69122, November 30, 1979). The extent of a mandatory Class I area includes subsequent changes in boundaries, such as park expansions (42 U.S.C. 7472(a)). --------------------------------------------------------------------------- On July 10, 2014, EPA approved Connecticut's initial Regional Haze plan into the SIP. See 79 FR 39322. Specifically, as part of the approval, EPA approved into the Connecticut SIP Connecticut's legislation to reduce the sulfur in fuel content of home heating oil.\2\ \3\ EPA also approved Regulations of Connecticut State Agencies (RCSA) Section 22a-174-19a (Sec-19a) ``Control of Sulfur Dioxide Emissions from Power Plants and other Large Stationary Sources of Air Pollution'' in the July 2014 rulemaking. Sec-19a limits the sulfur in fuel oil content used in any emission unit subject to the provisions of RCSA section 22a-174-22b, the Post-2002 Nitrogen Oxides Budget Program. The emission units regulated by the Post-2002 Nitrogen Oxides Budget Program are baseline electricity generating units, cogeneration units, industrial units, and new electricity generating units. --------------------------------------------------------------------------- \2\ Connecticut General Statute Title 16a-21a effective June 2, 2008 in part limits the sulfur content of number two heating oil to 500 parts per million (ppm) as of the date on which the last of the states of New York, Massachusetts, and Rhode Island made this requirement effective. The fuel sulfur limit became effective in these three states as of July 1, 2014. \3\ Sulfates play a major role in the formation of Regional Haze in the Northeast. (See the Northeast States for Coordinated Air Use Management (NESCAUM) document Contributions to Regional Haze in the Northeast and Mid-Atlantic United States, August 2006) --------------------------------------------------------------------------- The Connecticut Department of Energy and Environmental Protection (CT-DEEP) has now submitted a SIP revision concerning the sulfur content of fuel oils burned in stationary sources not subject to Sec- 19a. This revision supplements the State's earlier approved Regional Haze plan in that the revision will result in additional reductions of sulfur dioxide (SO2 ) emissions (but was not legally required in order for EPA to have earlier approved Connecticut's Regional Haze plan). II. Connecticut's SIP Revision On April 22, 2014, CT-DEEP submitted to EPA new RCSA section 22a- 174-19b (Sec-19b) ``Fuel Sulfur content Limitations for Stationary [[Page 33136]] Sources,'' revisions to SIP-approved RCSA section 22a-174-19 (Sec-19) ``Control of Sulfur Compound Emissions,'' revisions to SIP-approved RCSA section 22a-174-19a ``Control of Sulfur Dioxide Emissions from Power Plants and Other Large Stationary Sources of Air Pollution,'' and RSCA section 19-174-5 ``Methods for Sampling, Emission Testing, and Reporting.'' Supplemental revisions to Sec-19a and Sec-19b were submitted to EPA on June 18, 2015 and September 25, 2015, respectively. III. EPA's Evaluation of Connecticut's SIP Revision a. New Section 22a-174-19b ``Fuel Sulfur Content Limitations for Stationary Sources'' The new Sec-19b applies to any person who, on or after July 1, 2014, sells, supplies, offers for sale, stores, delivers or exchanges in trade, in the state of Connecticut, any fuel for combustion in a stationary source not subject to Sec-19a and to any person who, on or after July 1, 2014, combusts any fuel in a stationary source (not subject to section Sec-19a within the State of Connecticut.) Under Sec- 19b, the sulfur in fuel oil limits, in parts per million (ppm), for affected sources are: Maximum Fuel Sulfur Content, by Weight ---------------------------------------------------------------------------------------------------------------- Effective July 1, 2014 through June Fuel type 30, 2018 Effective on and after July 1, 2018 ---------------------------------------------------------------------------------------------------------------- Distillate fuel oil or distillate 500 ppm (0.05%)....................... 15 ppm (0.0015%). fuel oil blended with biodiesel fuel. Residual oil or residual oil 10,000 ppm (1.0%)..................... 3,000 ppm (0.3%). blended with biodiesel. Aviation fuel combusted in a 3,000 ppm (0.3%)...................... 3,000 ppm (0.3%). stationary source. Kerosene......................... 400 ppm (0.04%)....................... 15 ppm (0.0015%). ---------------------------------------------------------------------------------------------------------------- An exemption from the requirements of Sec 19b extends to: (1) Any person combusting fuel in fuel-burning equipment undergoing testing as part of a research and development operation; (2) fuel stored in the state of Connecticut that meets any of the applicable sulfur content limitations at the time it is stored; (3) any fuel stored in Connecticut for shipment, sale or use outside of the State; and (4) to any person who sells, supplies, offers for sale, stores for sale or combusts number two heating oil (home heating oil) subject to the sulfur content limitations of section 16a-21a of the Connecticut General Statutes. EPA finds that the revised sulfur in fuel limits for stationary sources adopted in Sec-19b are more stringent than the State's current SIP-approved requirements and will aid in the overall reduction of SO2 emissions from sources not already subject to limits under Sec-19a or of the Connecticut General Statutes. Therefore, EPA is approving Sec-19b. b. Revisions to Section 22a-174-19 ``Control of Sulfur Compound Emissions'' Sec-19 (previously codified as section 19-508-19 of Connecticut's regulations) was approved into the Connecticut SIP on November 18, 1981. See 46 FR 56612. The revisions to Sec-19 included in Connecticut's April 22, 2014 submittal consist of: (1) The removal of Section 22a-174-19(a), ``Fuel combustion''; (2) revising the term ``sulfur oxides'' to ``sulfur compound, expressed as sulfur dioxide;'' and (3) two other minor edits (``0 85'' is revised to ``0.85'' and ``0 77'' is revised to ``0.77'') throughout the remainder of Sec-19. The previously SIP-approved section Sec-19(a) limited the sale, storage, and use of fuel which contains sulfur in excess of a maximum of one percent (1%) by weight. Revised Sec-19 now only applies to sulfuric acid plants, sulfur recovery plants, nonferrous smelters, sulfite pulp mills, and other process sources. The Clean Air Act (CAA) section 110(l) provides that EPA shall not approve any implementation plan revision if it would interfere with any applicable requirement concerning attainment and reasonable progress, or any other applicable requirement of the CAA, i.e., demonstrate anti- backsliding. EPA finds that the requirements of the removed Sec-19(a) ``Fuel combustion'' are maintained and incorporated in a more stringent manner into the combination of the more stringent revised Sec-19a ``Control of Sulfur Dioxide Emissions from Power Plants and Other Large Stationary Sources of Air Pollution'' and the new Sec-19b ``Fuel Sulfur content Limitations for Stationary Sources.'' Therefore, the anti- backsliding requirements of section 110(l) have been met. In addition, the revision of the term ``sulfur oxides'' to ``sulfur compound, expressed as sulfur dioxide'' is consistent with the previous definition of ``sulfur oxides'' found in the removed Sec-19(a). For all of the reasons above, EPA is approving Connecticut's revised Sec-19. c. Revisions to Section 22a-174-19a ``Control of Sulfur Dioxide Emissions from Power Plants and Other Large Stationary Sources of Air Pollution'' Sec-19a was approved into the Connecticut SIP on July 10, 2014. See 79 FR 39322. The revisions to Sec-19a included in Connecticut's April 22, 2014 submittal consist of: (1) The removal of section Sec-19a(c) sulfur dioxide emission standards and fuel sulfur limits effective on and after January 1, 2002; (2) in Sec-19a(e), the removal of a specified January 1, 2003 effective date; and (3) in Sec-19a(i), the allowance of more recent versions of the American Society for Testing and Materials (ASTM) test method D4294 and automatic sampling equipment conformance to ASTM test method D4177-82 or a more recent version of the same method. Our action to remove two of these Connecticut SIP requirements, and revise the third, is discussed below. The sulfur in fuel limit (0.5% sulfur, by weight) and emission limit (0.55 pound SO2 per MMBTU) required on or after January 1, 2002 by the removed Sec-19a(c) have been superseded by the more stringent fuel limits (0.3% sulfur, by weight) and emission limit (0.33 pound SO2 per MMBtu) required under Sec-19(e) which we are approving into the SIP. Similarly, Sec-19a(e) has been revised to remove the reference to a January 1, 2003 commencement date in relation to sulfur limits that are being removed from the SIP. Revised Sec-19a(i), which we are approving into the SIP, updates the record keeping requirements to allow the use of more recent versions of approved ASTM test methods and requires the owners and operators of the affected units to maintain all sulfur in fuel records on premises for five years. The previous version dictated that records need not be maintained for distillate oil, motor vehicle fuel, aircraft fuel, or gaseous fuel provided such fuels which had a sulfur content below 0.3% by weight. The version we are approving in this action corrects these omissions. [[Page 33137]] Connecticut's revised Section 19a removes outdated requirements while maintaining the same level of SO2 control as the previous SIP-approved version. Therefore, the CAA's Section 110(l) anti-backsliding requirement has been met. In addition, EPA finds it appropriate to update the testing and sampling methods to conform to a more recent test method. EPA also finds it appropriate for the above- referenced records to be maintained. Therefore, EPA is approving Connecticut's revised Sec-19a. d. Revisions to Section 22a-174-5 ``Methods for Sampling, Emission Testing, and Reporting'' Section 22a-174-5 (previously codified as Section 19-508-5 of Connecticut's regulations) was approved into the Connecticut SIP on August 28, 1981. See 46 FR 43418. Section 22a-174-5(b)(1) was subsequently revised by Connecticut to allow analysis for the sulfur content of liquid fuels to be done according to the American Society for Testing and Materials method D7039. EPA is approving the minor revision to Section 22a-174-5(b)(1) because EPA concurs that it should be an allowable method of analysis. IV. Final Action EPA is approving, and incorporating into the Connecticut SIP, the Regulations of Connecticut State Agencies Section 22a-174-19 (as amended and described in Section III.b., above), Section 22a-174- 19a(e), Section 22a-174-19a(i), Section 22a-174-19b, and Section 22a- 174-5(b)(1), all as published in the Connecticut Law Journal on June 24, 2014. EPA is also removing, without replacement, Section 22a- 19a(c), which was previously approved into the SIP. See 40 CFR Section 52.370 (c)(103)(i)(A)(1). The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should relevant adverse comments be filed. This rule will be effective July 25, 2016 without further notice unless the Agency receives relevant adverse comments by June 24, 2016. If the EPA receives such comments, then EPA will publish a notice withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on July 25, 2016 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. V. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Regulations of Connecticut State Agencies described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Regional haze, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: November 5, 2015. H. Curtis Spalding, Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--[AMENDED] 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart H--Connecticut 0 2. Section 52.370 is amended by redesignating paragraph (c)(103)(i)(A)(2) [[Page 33138]] as (c)(103)(i)(A)(3), adding a new paragraph (c)(103)(i)(A)(2), and adding paragraph (c)(111) to read as follows: Sec. 52.370 Identification of plan. * * * * * (c) * * * (103) * * * (i) * * * (A) * * * (2) Section 22a-174-19a(c) which was approved in paragraph (c)(103)(i)(A)(1), is removed without replacement; see paragraph (c)(111)(i)(B). * * * * * (111) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on April 22, 2014. (i) Incorporation by reference. (A) Amendments to Regulations of Connecticut State Agencies (RCSA) as published in the Connecticut Law Journal on June 24, 2014, effective April 15, 2014. (1) Revised Section 22a-174-19. (2) Revised Section 22a-174-19a(e). (3) Revised Section 22a-174-19a(i). (4) Section 22a-174-19b with the exception of subsection (e), which was not submitted by the State. (5) Revised Section 22a-174-5(b)(1). (B) RCSA Section 22a-174-19a(c) which was approved in paragraph (c)(103)(i)(A)(1), is removed without replacement. (ii) Additional materials. [Reserved] 0 3. In Sec. 52.385, Table 52.385 is amended by adding a new entry for state citation 22a-174-5; adding a new entry for state citation 22a- 174-19; revising the entry for 22a-174-19a; and adding an entry for state citation 22a-174-19b in numerical order to read as follows: Sec. 52.385 EPA-approved Connecticut regulations. * * * * * Table 52.385--EPA-Approved Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- Dates -------------------------------- Federal Register Connecticut state citation Title/subject Date adopted Date approved citation Section 52.370 Comments/description by state by EPA -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 22a-174-5........................ Methods for 4/15/14 5/25/16 [Insert Federal (c)(111)........ Revision to section 22a- sampling, emission Register citation] 174-5(b)(1). testing, sample analysis and reporting * * * * * * * 22a-174-19....................... Control of Sulfur 4/15/14 5/25/16 [Insert Federal (c)(111)........ Revises section 22a-174- Compound Emissions. Register citation]. 19. * * * * * * * 22a-174-19a...................... Control of sulfur 12/28/00 7/10/14 79 FR 39322........ (c)(103)........ Approves the sulfur dioxide emissions dioxide emission from power plants standards and fuel and other large sulfur limits for units stationary sources subject to the CT NOX of air pollution. Budget program. The following sections were not submitted as part of the SIP: Sections (a)(5); (a)(8); (a)(11); (d); (e)(4); (f); (g); (h); and in (i)(2) reference to (e)(4). Section 22a-174-19a(c) was repealed by the State of Connecticut effective April 15, 2014 and removed from the SIP without replacement effective May 25, 2016. 22a-174-19a...................... Control of sulfur 4/15/14 5/25/16 [Insert Federal (c)(111)........ Withdraws section 22a- dioxide emissions Register citation]. 174-19a(c) previously from power plants approved in paragraph and other 52.370(c)(103) and stationary sources revises sections 22a- of air pollution. 174-19a(e) and 22a-174- 19a(i). 22a-174-19b...................... Fuel Sulfur Content 4/15/14 5/25/16 [Insert Federal (c)(111)........ Addition of a new Limitations for Register citation]. regulation with the Stationary Sources. exception of subsection (e) which was not submitted by the State. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 33139]] [FR Doc. 2016-12120 Filed 5-24-16; 8:45 am] BILLING CODE 6560-50-P
![33134 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations
(b) Classification. Class II (special feedback is a device that provides real- ENVIRONMENTAL PROTECTION
controls). The special controls for this time feedback to the rescuer regarding AGENCY
device are: the quality of CPR being delivered to the
(1) Nonclinical performance testing victim, and provides either audio and/ 40 CFR Part 52
under simulated physiological or visual information to encourage the
conditions must demonstrate the [EPA–R01–OAR–2014–0364; A–1–FRL–
rescuer to continue the consistent
9939–63–Region 1]
reliability of the delivery of specific application of effective manual CPR in
compression depth and rate over the accordance with current accepted CPR Air Plan Approval; Connecticut; Sulfur
intended duration of use. guidelines (to include, but not be Content of Fuel Oil Burned in
(2) Labeling must include the limited to, parameters such as Stationary Sources
following: compression rate, compression depth,
(i) The clinical training necessary for ventilation, recoil, instruction for one or AGENCY: Environmental Protection
the safe use of this device; multiple rescuers, etc.). These devices Agency (EPA).
(ii) Adjunctive use only indication may also perform a coaching function to ACTION: Direct final rule.
prominently displayed on labels aid rescuers in the sequence of steps
physically placed on the device and in necessary to perform effective CPR on a SUMMARY: The Environmental Protection
any device manuals or other labeling; victim. Agency (EPA) is approving a State
(iii) Information on the patient (2) Classification. Class II (special Implementation Plan (SIP) revision
population for which the device has controls). The special controls for this submitted by the State of Connecticut
been demonstrated to be effective device are: on April 22, 2014, with supplemental
(including patient size and/or age (i) Nonclinical performance testing submittals on June 18, 2015 and
limitations, e.g., adult, pediatric and/or under simulated physiological or use September 25, 2015. This revision
infant); and conditions must demonstrate the establishes sulfur in fuel oil content
(iv) Information on the time necessary accuracy and reliability of the feedback limits for use in stationary sources. In
to deploy the device as demonstrated in to the user on specific compression rate, addition, the submittal includes a
the performance testing. depth and/or respiration over the revision to the sampling and emission
(3) For devices that incorporate testing methods for the sulfur content in
intended duration, and environment of
electrical components, appropriate liquid fuels. The intended effect of this
use.
analysis and testing must demonstrate action is to approve these requirements
(ii) Labeling must include the clinical
that the device is electrically safe and into the Connecticut SIP. This action is
training, if needed, for the safe use of
electromagnetically compatible in its being taken under the Clean Air Act.
this device and information on the
intended use environment. DATES: This direct final rule will be
(4) Human factors testing and analysis patient population for which the device
has been demonstrated to be effective effective July 25, 2016, unless EPA
must validate that the device design and receives adverse comments by June 24,
labeling are sufficient for effective use (including patient size and/or age
limitations, e.g., adult, pediatric and/or 2016. If adverse comments are received,
by the intended user, including an EPA will publish a timely withdrawal of
evaluation for the time necessary to infant).
(iii) For devices that incorporate the direct final rule in the Federal
deploy the device. Register informing the public that the
(5) For devices containing software, electrical components, appropriate
analysis and testing must demonstrate rule will not take effect.
software verification, validation, and
hazard analysis must be performed. that the device is electrically safe and ADDRESSES: Submit your comments,
(6) Components of the device that electromagnetically compatible in its identified by Docket ID Number EPA–
come into human contact must be intended use environment. R01–OAR–2014–0364 by one of the
demonstrated to be biocompatible. (iv) For devices containing software, following methods:
software verification, validation, and 1. www.regulations.gov: Follow the
■ 3. Add § 870.5210 to subpart F to read
hazard analysis must be performed. on-line instructions for submitting
as follows:
(v) Components of the device that comments.
§ 870.5210 Cardiopulmonary resuscitation come into human contact must be 2. Email: arnold.anne@epa.gov.
(CPR) aid. demonstrated to be biocompatible. 3. Fax: (617) 918–0047.
(a) CPR aid without feedback—(1) (vi) Human factors testing and 4. Mail: Docket Identification Number
Identification. A CPR aid without analysis must validate that the device EPA–R01–OAR–2014–0364, Anne
feedback is a device that performs a design and labeling are sufficient for Arnold, U.S. Environmental Protection
simple function such as proper hand effective use by the intended user. Agency, EPA New England Regional
placement and/or simple prompting for (3) Premarket notification. The CPR Office, Office of Ecosystem Protection, 5
rate and/or timing of compressions/ Aid with feedback device is exempt Post Office Square—Suite 100, (Mail
breathing for the professionally trained from the premarket notification code OEP05–2), Boston, MA 02109–
rescuer, but offers no feedback related to procedures in subpart E of part 807 of 3912.
the quality of the CPR being provided. this chapter if it does not contain 5. Hand Delivery or Courier. Deliver
These devices are intended for use by software (e.g., is mechanical or electro- your comments to: Anne Arnold,
persons professionally trained in CPR to mechanical) and is in compliance with Manager, Air Quality Planning Unit,
assure proper use and the delivery of the special controls under paragraph U.S. Environmental Protection Agency,
optimal CPR to the victim. (b)(2) of this section, subject to the EPA New England Regional Office,
(2) Classification. Class I (general limitations of exemptions in § 870.9. Office of Ecosystem Protection, 5 Post
Lhorne on DSK30JT082PROD with RULES
controls). The device is exempt from the Office Square—Suite 100, (mail code
Dated: May 20, 2016. OEP05–2), Boston, MA 02109–3912.
premarket notification procedures in
subpart E of part 807 of this chapter Leslie Kux, Such deliveries are only accepted
subject to the limitations in § 870.9. Associate Commissioner for Policy. during the Regional Office’s normal
(b) CPR aid with feedback—(1) [FR Doc. 2016–12333 Filed 5–24–16; 8:45 am] hours of operation. The Regional
Identification. A CPR Aid device with BILLING CODE 4164–01–P Office’s official hours of business are
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![Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations 33137
Connecticut’s revised Section 19a proposed rule. The EPA will not • does not contain any unfunded
removes outdated requirements while institute a second comment period on mandate or significantly or uniquely
maintaining the same level of SO2 the proposed rule. All parties interested affect small governments, as described
control as the previous SIP-approved in commenting on the proposed rule in the Unfunded Mandates Reform Act
version. Therefore, the CAA’s Section should do so at this time. If no such of 1995 (Pub. L. 104–4);
110(l) anti-backsliding requirement has comments are received, the public is • does not have Federalism
been met. In addition, EPA finds it advised that this rule will be effective implications as specified in Executive
appropriate to update the testing and on July 25, 2016 and no further action Order 13132 (64 FR 43255, August 10,
sampling methods to conform to a more will be taken on the proposed rule. 1999);
recent test method. EPA also finds it Please note that if EPA receives adverse • is not an economically significant
appropriate for the above-referenced comment on an amendment, paragraph, regulatory action based on health or
records to be maintained. Therefore, or section of this rule and if that safety risks subject to Executive Order
EPA is approving Connecticut’s revised provision may be severed from the 13045 (62 FR 19885, April 23, 1997);
Sec–19a. remainder of the rule, EPA may adopt • is not a significant regulatory action
d. Revisions to Section 22a–174–5 as final those provisions of the rule that subject to Executive Order 13211 (66 FR
‘‘Methods for Sampling, Emission are not the subject of an adverse 28355, May 22, 2001);
Testing, and Reporting’’ comment. • is not subject to requirements of
Section 12(d) of the National
Section 22a–174–5 (previously V. Incorporation by Reference
Technology Transfer and Advancement
codified as Section 19–508–5 of In this rule, the EPA is finalizing Act of 1995 (15 U.S.C. 272 note) because
Connecticut’s regulations) was approved regulatory text that includes application of those requirements would
into the Connecticut SIP on August 28, incorporation by reference. In be inconsistent with the Clean Air Act;
1981. See 46 FR 43418. Section 22a– accordance with requirements of 1 CFR and
174–5(b)(1) was subsequently revised by 51.5, the EPA is finalizing the • does not provide EPA with the
Connecticut to allow analysis for the incorporation by reference of the discretionary authority to address, as
sulfur content of liquid fuels to be done Regulations of Connecticut State appropriate, disproportionate human
according to the American Society for Agencies described in the amendments health or environmental effects, using
Testing and Materials method D7039. to 40 CFR part 52 set forth below. The practicable and legally permissible
EPA is approving the minor revision to EPA has made, and will continue to methods, under Executive Order 12898
Section 22a–174–5(b)(1) because EPA make, these documents generally (59 FR 7629, February 16, 1994).
concurs that it should be an allowable available electronically through In addition, the SIP is not approved
method of analysis. www.regulations.gov and/or in hard to apply on any Indian reservation land
IV. Final Action copy at the appropriate EPA office (see or in any other area where EPA or an
EPA is approving, and incorporating the ADDRESSES section of this preamble Indian tribe has demonstrated that a
into the Connecticut SIP, the for more information). tribe has jurisdiction. In those areas of
Regulations of Connecticut State Indian country, the rule does not have
VI. Statutory and Executive Order
Agencies Section 22a–174–19 (as tribal implications and will not impose
Reviews
amended and described in Section III.b., substantial direct costs on tribal
above), Section 22a–174–19a(e), Section Under the Clean Air Act, the governments or preempt tribal law as
22a–174–19a(i), Section 22a–174–19b, Administrator is required to approve a specified by Executive Order 13175 (65
and Section 22a–174–5(b)(1), all as SIP submission that complies with the FR 67249, November 9, 2000).
published in the Connecticut Law provisions of the Act and applicable
List of Subjects in 40 CFR Part 52
Journal on June 24, 2014. EPA is also Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP Environmental protection, Air
removing, without replacement, Section
submissions, EPA’s role is to approve pollution control, Carbon monoxide,
22a–19a(c), which was previously
state choices, provided that they meet Incorporation by reference,
approved into the SIP. See 40 CFR
the criteria of the Clean Air Act. Intergovernmental relations, Lead,
Section 52.370 (c)(103)(i)(A)(1).
Accordingly, this action merely Nitrogen dioxide, Ozone, Particulate
The EPA is publishing this action
approves state law as meeting Federal matter, Regional haze, Reporting and
without prior proposal because the
requirements and does not impose recordkeeping requirements, Sulfur
Agency views this as a noncontroversial
additional requirements beyond those oxides, Volatile organic compounds.
amendment and anticipates no adverse
comments. However, in the proposed imposed by state law. For that reason, Dated: November 5, 2015.
rules section of this Federal Register this action: H. Curtis Spalding,
publication, EPA is publishing a • Is not a significant regulatory action Regional Administrator, EPA New England.
separate document that will serve as the subject to review by the Office of
Management and Budget under Part 52 of chapter I, title 40 of the
proposal to approve the SIP revision Code of Federal Regulations is amended
should relevant adverse comments be Executive Orders12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, as follows:
filed. This rule will be effective July 25,
2016 without further notice unless the January 21, 2011);
PART 52—[AMENDED]
Agency receives relevant adverse • does not impose an information
comments by June 24, 2016. collection burden under the provisions ■ 1. The authority citation for part 52
If the EPA receives such comments, of the Paperwork Reduction Act (44 continues to read as follows:
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then EPA will publish a notice U.S.C. 3501 et seq.);
Authority: 42 U.S.C. 7401 et seq.
withdrawing the final rule and • is certified as not having a
informing the public that the rule will significant economic impact on a Subpart H—Connecticut
not take effect. All public comments substantial number of small entities
received will then be addressed in a under the Regulatory Flexibility Act (5 ■ 2. Section 52.370 is amended by
subsequent final rule based on the U.S.C. 601 et seq.); redesignating paragraph (c)(103)(i)(A)(2)
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![33138 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations
as (c)(103)(i)(A)(3), adding a new Connecticut Department of Energy and (B) RCSA Section 22a–174–19a(c)
paragraph (c)(103)(i)(A)(2), and adding Environmental Protection on April 22, which was approved in paragraph
paragraph (c)(111) to read as follows: 2014. (c)(103)(i)(A)(1), is removed without
(i) Incorporation by reference. replacement.
§ 52.370 Identification of plan.
(A) Amendments to Regulations of (ii) Additional materials. [Reserved]
* * * * * Connecticut State Agencies (RCSA) as
(c) * * * ■ 3. In § 52.385, Table 52.385 is
published in the Connecticut Law
(103) * * * amended by adding a new entry for state
(i) * * * Journal on June 24, 2014, effective April
15, 2014. citation 22a–174–5; adding a new entry
(A) * * * for state citation 22a–174–19; revising
(2) Section 22a–174–19a(c) which was (1) Revised Section 22a–174–19.
the entry for 22a–174–19a; and adding
approved in paragraph (c)(103)(i)(A)(1), (2) Revised Section 22a–174–19a(e).
an entry for state citation 22a–174–19b
is removed without replacement; see (3) Revised Section 22a–174–19a(i). in numerical order to read as follows:
paragraph (c)(111)(i)(B). (4) Section 22a–174–19b with the
* * * * * exception of subsection (e), which was § 52.385 EPA-approved Connecticut
(111) Revisions to the State not submitted by the State. regulations.
Implementation Plan submitted by the (5) Revised Section 22a–174–5(b)(1). * * * * *
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut state Federal Register Section
Title/subject Comments/description
citation Date adopted Date approved citation 52.370
by state by EPA
* * * * * * *
22a–174–5 .......... Methods for sam- 4/15/14 5/25/16 [Insert Federal (c)(111) .. Revision to section 22a–174–
pling, emission Register cita- 5(b)(1).
testing, sample tion]
analysis and re-
porting
* * * * * * *
22a–174–19 ........ Control of Sulfur 4/15/14 5/25/16 [Insert Federal (c)(111) .. Revises section 22a–174–19.
Compound Register cita-
Emissions. tion].
* * * * * * *
22a–174–19a ...... Control of sulfur 12/28/00 7/10/14 79 FR 39322 ....... (c)(103) .. Approves the sulfur dioxide emis-
dioxide emis- sion standards and fuel sulfur lim-
sions from its for units subject to the CT
power plants NOX Budget program. The fol-
and other large lowing sections were not sub-
stationary mitted as part of the SIP: Sec-
sources of air tions (a)(5); (a)(8); (a)(11); (d);
pollution. (e)(4); (f); (g); (h); and in (i)(2)
reference to (e)(4).
Section 22a–174–19a(c) was re-
pealed by the State of Con-
necticut effective April 15, 2014
and removed from the SIP with-
out replacement effective May 25,
2016.
22a–174–19a ...... Control of sulfur 4/15/14 5/25/16 [Insert Federal (c)(111) .. Withdraws section 22a–174–19a(c)
dioxide emis- Register cita- previously approved in paragraph
sions from tion]. 52.370(c)(103) and revises sec-
power plants tions 22a–174–19a(e) and 22a–
and other sta- 174–19a(i).
tionary sources
of air pollution.
22a–174–19b ...... Fuel Sulfur Con- 4/15/14 5/25/16 [Insert Federal (c)(111) .. Addition of a new regulation with
tent Limitations Register cita- the exception of subsection (e)
for Stationary tion]. which was not submitted by the
Sources. State.
* * * * * * *
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![Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations 33139
[FR Doc. 2016–12120 Filed 5–24–16; 8:45 am] Branch, Air, Pesticides and Toxics submissions. The first two prongs,
BILLING CODE 6560–50–P Management Division, U.S. which are codified in section
Environmental Protection Agency, 110(a)(2)(D)(i)(I), are provisions that
Region 4, 61 Forsyth Street SW., prohibit any source or other type of
ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. EPA emissions activity in one state from
AGENCY requests that if at all possible, you contributing significantly to
contact the person listed in the FOR nonattainment of the NAAQS in another
40 CFR Part 52 FURTHER INFORMATION CONTACT section to state (prong 1) and from interfering with
[EPA–R04–OAR–2015–0798; FRL–9946–77– schedule your inspection. The Regional maintenance of the NAAQS in another
Region 4] Office’s official hours of business are state (prong 2). The third and fourth
Monday through Friday 8:30 a.m. to prongs, which are codified in section
Air Plan Disapprovals; MS; Prong 4– 4:30 p.m., excluding Federal holidays. 110(a)(2)(D)(i)(II), are provisions that
2008 Ozone, 2010 NO2, SO2, and 2012 FOR FURTHER INFORMATION CONTACT: prohibit emissions activity in one state
PM2.5 Sean Lakeman of the Air Regulatory from interfering with measures required
AGENCY: Environmental Protection Management Section, Air Planning and to prevent significant deterioration of air
Agency (EPA). Implementation Branch, Air, Pesticides quality in another state (prong 3) or
and Toxics Management Division, U.S. from interfering with measures to
ACTION: Final rule.
Environmental Protection Agency, protect visibility in another state (prong
SUMMARY: The Environmental Protection Region 4, 61 Forsyth Street SW., 4). Section 110(a)(2)(D)(ii) requires SIPs
Agency (EPA) is taking final action to Atlanta, Georgia 30303–8960. Mr. to include provisions insuring
disapprove the visibility transport Lakeman can be reached by telephone at compliance with sections 115 and 126
(prong 4) portions of revisions to the (404) 562–9043 or via electronic mail at of the Act, relating to interstate and
Mississippi State Implementation Plan lakeman.sean@epa.gov. international pollution abatement.
(SIP), submitted by the Mississippi In a notice of proposed rulemaking
SUPPLEMENTARY INFORMATION: (NPRM) published on March 22, 2016
Department of Environmental Quality
(MDEQ), addressing the Clean Air Act I. Background (81 FR 15205), EPA proposed to
(CAA or Act) infrastructure SIP disapprove the prong 4 portions of
By statute, SIPs meeting the Mississippi’s infrastructure SIP
requirements for the 2008 8-hour Ozone, requirements of sections 110(a)(1) and
2010 1-hour Nitrogen Dioxide (NO2), submissions for the 2008 8-hour Ozone,
(2) of the CAA are to be submitted by 2010 1-hour NO2, 2010 1-hour SO2, and
2010 1-hour Sulfur Dioxide (SO2), and states within three years after
2012 annual Fine Particulate Matter 2012 annual PM2.5 NAAQS. The details
promulgation of a new or revised of Mississippi’s submissions and the
(PM2.5) National Ambient Air Quality NAAQS to provide for the
Standards (NAAQS). The CAA requires rationale for EPA’s actions are explained
implementation, maintenance, and in the NPRM. Comments on the
that each state adopt and submit a SIP enforcement of the new or revised
for the implementation, maintenance, proposed rulemaking were due on or
NAAQS. EPA has historically referred to before April 21, 2016. EPA received no
and enforcement of each NAAQS these SIP submissions made for the
promulgated by EPA, commonly comments on the NPRM.
purpose of satisfying the requirements
referred to as an ‘‘infrastructure SIP.’’ of sections 110(a)(1) and 110(a)(2) as II. Final Action
Specifically, EPA is disapproving the ‘‘infrastructure SIP’’ submissions. EPA is taking final action to
prong 4 portions of Mississippi’s May Sections 110(a)(1) and (2) require states disapprove the prong 4 portions of
29, 2012; July 26, 2012; February 28, to address basic SIP elements such as Mississippi’s May 29, 2012, 2008 8-hour
2013; June 20, 2013; and December 8, the requirements for monitoring, basic Ozone infrastructure SIP submission;
2015, infrastructure SIP submissions. program requirements, and legal July 26, 2012, 2008 8-hour Ozone
All other applicable infrastructure authority that are designed to assure infrastructure SIP resubmission;
requirements for these SIP submissions attainment and maintenance of the February 28, 2013, 2010 1-hour NO2
have been or will be addressed in newly established or revised NAAQS. infrastructure SIP submission; June 20,
separate rulemakings. More specifically, section 110(a)(1) 2013, 2010 1-hour SO2 infrastructure
DATES: This rule will be effective June provides the procedural and timing SIP submission; and December 8, 2015,
24, 2016. requirements for infrastructure SIPs. 2012 annual PM2.5 infrastructure SIP
ADDRESSES: EPA has established a Section 110(a)(2) lists specific elements submission. All other outstanding
docket for this action under Docket that states must meet for the applicable infrastructure requirements
Identification No. EPA–R04–OAR– infrastructure SIP requirements related for these SIP submissions have been or
2015–0798. All documents in the docket to a newly established or revised will be addressed in separate
are listed on the www.regulations.gov NAAQS. The contents of an rulemakings.
Web site. Although listed in the index, infrastructure SIP submission may vary
some information may not be publicly depending upon the data and analytical III. Statutory and Executive Order
available, i.e., Confidential Business tools available to the state, as well as the Reviews
Information or other information whose provisions already contained in the Under the CAA, the Administrator is
disclosure is restricted by statute. state’s implementation plan at the time required to approve a SIP submission
Certain other material, such as in which the state develops and submits that complies with the provisions of the
copyrighted material, is not placed on the submission for a new or revised Act and applicable federal regulations.
the Internet and will be publicly NAAQS. See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
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available only in hard copy form. Section 110(a)(2)(D) has two Thus, in reviewing SIP submissions,
Publicly available docket materials are components: 110(a)(2)(D)(i) and EPA’s role is to approve state choices,
available either electronically through 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) provided that they meet the criteria of
www.regulations.gov or in hard copy at includes four distinct components, the CAA. This action disapproves the
the Air Regulatory Management Section, commonly referred to as ‘‘prongs,’’ that prong 4 portions of the aforementioned
Air Planning and Implementation must be addressed in infrastructure SIP SIP submissions as not meeting Federal
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Document Created: 2018-02-07 15:03:39
Document Modified: 2018-02-07 15:03:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective July 25, 2016, unless EPA receives adverse comments by June 24, 2016. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Anne K. McWilliams, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, telephone (617) 918-1697, facsimile (617) 918- 0697, email [email protected] | |
| FR Citation | 81 FR 33134 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Regional Haze; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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