81_FR_35743 81 FR 35636 - Approval and Promulgation of Implementation Plans; Connecticut; Infrastructure Requirements for Lead, Ozone, Nitrogen Dioxide, Sulfur Dioxide, and Fine Particulate Matter

81 FR 35636 - Approval and Promulgation of Implementation Plans; Connecticut; Infrastructure Requirements for Lead, Ozone, Nitrogen Dioxide, Sulfur Dioxide, and Fine Particulate Matter

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 107 (June 3, 2016)

Page Range35636-35641
FR Document2016-12375

The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) submissions from Connecticut regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2008 lead, 2008 ozone, 2010 nitrogen dioxide, and 2010 sulfur dioxide National Ambient Air Quality Standards (NAAQS). EPA is also converting conditional approvals for several infrastructure requirements for the 1997 ozone NAAQS and for the 1997 and 2006 fine particle (PM<INF>2.5</INF>) NAAQS to full approval under the CAA. Furthermore, we are conditionally approving elements of Connecticut's infrastructure requirements of the CAA regarding prevention of significant deterioration requirements to treat nitrogen oxides as a precursor to ozone and to establish a minor source baseline date for PM<INF>2.5</INF> emissions. Lastly, EPA is approving three statutes submitted by Connecticut in support of its demonstration that the infrastructure requirements of the CAA have been met. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

Federal Register, Volume 81 Issue 107 (Friday, June 3, 2016)
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35636-35641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12375]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0198; FRL-9940-14-Region 1]


Approval and Promulgation of Implementation Plans; Connecticut; 
Infrastructure Requirements for Lead, Ozone, Nitrogen Dioxide, Sulfur 
Dioxide, and Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) submissions from 
Connecticut regarding the infrastructure requirements of the Clean Air 
Act (CAA or Act) for the 2008 lead, 2008 ozone, 2010 nitrogen dioxide, 
and 2010 sulfur dioxide National Ambient Air Quality Standards (NAAQS). 
EPA is also converting conditional approvals for several infrastructure 
requirements for the 1997 ozone NAAQS and for the 1997 and 2006 fine 
particle (PM2.5) NAAQS to full approval under the CAA. 
Furthermore, we are conditionally approving elements of Connecticut's 
infrastructure requirements of the CAA regarding prevention of 
significant deterioration requirements to treat nitrogen oxides as a 
precursor to ozone and to establish a minor source baseline date for 
PM2.5 emissions. Lastly, EPA is approving three statutes 
submitted by Connecticut in support of its demonstration that the 
infrastructure requirements of the CAA have been met. The 
infrastructure requirements are designed to ensure that the structural 
components of each state's air quality management program are adequate 
to meet the state's responsibilities under the CAA.

DATES: This rule is effective on July 5, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2015-0198. All documents in the docket 
are listed on the http://www.regulations.gov Web site, although some 
information, such as confidential business information or other 
information whose disclosure is restricted by statute is not publically 
available. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional

[[Page 35637]]

Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 
Post Office Square, Suite 100, Boston, MA. EPA requests that if at all 
possible, you contact the contact listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding legal holidays. Copies of the documents relevant to 
this action are also available for public inspection during normal 
business hours, by appointment at: Bureau of Air Management, Department 
of Energy and Environmental Protection, State Office Building, 79 Elm 
Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Environmental 
Scientist, Air Quality Planning Unit, Air Programs Branch (Mail Code 
OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post 
Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-
1684; [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. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses submissions from the Connecticut 
Department of Energy and Environmental Protection (CT DEEP). The state 
submitted its infrastructure SIP for each NAAQS on the following dates: 
2008 Pb--October 13, 2011; 2008 ozone--December 28, 2012; 2010 
NO2--January 2, 2013; and 2010 SO2--May 30, 2013. 
This rulemaking also addresses certain infrastructure SIP elements for 
the 1997 and 2006 PM2.5 NAAQS for which EPA previously 
issued a conditional approval. See 77 FR 63228 (October 16, 2012). The 
state submitted these infrastructure SIPs on September 4, 2008, and 
September 18, 2009, respectively. Lastly, this rulemaking addresses one 
infrastructure SIP element for the 1997 8-hour ozone NAAQS for which 
EPA previously issued a conditional approval. See 76 FR 40248 (July 8, 
2011). The state submitted this infrastructure SIP on December 28, 
2007.
    EPA did not receive any comments, adverse or otherwise, in response 
to the Notice of Proposed Rulemaking (NPR). See 80 FR 54471 (September 
10, 2015).

II. Final Action

    EPA is approving SIP submissions from Connecticut certifying that 
the state's current SIP is sufficient to meet the required 
infrastructure elements under sections 110(a)(1) and 110(a)(2) for the 
2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS, with the exception of certain aspects relating to PSD which we 
are conditionally approving. A summary of EPA's actions regarding these 
infrastructure SIP requirements is contained in Table 1 below.

                   Table 1--Action Taken on CT Infrastructure SIP Submittals for Listed NAAQS
----------------------------------------------------------------------------------------------------------------
                   Element                        2008 Pb         2008 Ozone        2010 NO2         2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control                     A                A                A                A
 measures...................................
(B): Ambient air quality monitoring and data               A                A                A                A
 system.....................................
(C)(i): Enforcement of SIP measures.........               A                A                A                A
(C)(ii): PSD program for major sources and               A *              A *              A *              A *
 major modifications........................
(C)(iii): Permitting program for minor                     A                A                A                A
 sources and minor modifications............
(D)(i)(I): Contribute to nonattainment/                    A        No action                A        No action
 interfere with maintenance of NAAQS (prongs
 1 and 2)...................................
(D)(i)(II): PSD (prong 3)...................             A *              A *              A *              A *
(D)(i)(II): Visibility Protection (prong 4).               A                A                A                A
(D)(ii): Interstate Pollution Abatement.....               A                A                A                A
(D)(ii): International Pollution Abatement..               A                A                A                A
(E)(i): Adequate resources..................               A                A                A                A
(E)(ii): State boards.......................               A                A                A                A
(E)(iii): Necessary assurances with respect               NA               NA               NA               NA
 to local agencies..........................
(F): Stationary source monitoring system....               A                A                A                A
(G): Emergency power........................               A                A                A                A
(H): Future SIP revisions...................               A                A                A                A
(I): Nonattainment area plan or plan                       +                +                +                +
 revisions under part D.....................
(J)(i): Consultation with government                       A                A                A                A
 officials..................................
(J)(ii): Public notification................               A                A                A                A
(J)(iii): PSD...............................             A *              A *              A *              A *
(J)(iv): Visibility protection..............               +                +                +                +
(K): Air quality modeling and data..........               A                A                A                A
(L): Permitting fees........................               A                A                A                A
(M): Consultation and participation by                     A                A                A                A
 affected local entities....................
----------------------------------------------------------------------------------------------------------------

    In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A.................................  Approve
A *...............................  Approve, but conditionally approve
                                     aspect relating to NOX as a
                                     precursor to ozone and minor source
                                     baseline date for PM2.5 under the
                                     PSD program.
+.................................  Not germane to infrastructure SIPs.
No action.........................  EPA is taking no action on this
                                     infrastructure requirement.
NA................................  Not applicable.
------------------------------------------------------------------------


[[Page 35638]]

    With respect to the 1997 and 2006 PM2.5 NAAQS, EPA is 
approving Connecticut's infrastructure SIP submittal requirements 
pertaining to Elements 110(a)(2)A, D(ii) (interstate pollution 
abatement), and E(ii) (state boards) for which a conditional approval 
was previously issued. See 77 FR 63228, October 16, 2012. Also with 
respect to the 1997 and 2006 PM2.5 NAAQS, EPA is newly 
conditionally approving Connecticut's submittals pertaining to Elements 
110(a)(2)C(ii), D(i)(II), and J(iii) for the requirements to treat 
NOX as a precursor to ozone and to establish a minor source 
baseline date for PM2.5 in the PSD program.
    With respect to the 1997 8-hour ozone NAAQS, EPA is approving 
Connecticut's infrastructure SIP submittal requirements pertaining to 
Element 110(a)(2)(D)(ii) (interstate pollution abatement) for which a 
conditional approval was previously issued. See 77 FR 63228, October 
16, 2012.
    In addition, we are incorporating into the Connecticut SIP the 
following Connecticut statutes which were included for approval in 
Connecticut's infrastructure SIP submittals:

Connecticut General Statutes (CGS) Section 1-85 (Formerly Sec. 1-68) 
``Interest in conflict with discharge of duties,'' as published in the 
General Statutes of Connecticut revised to January 1, 2015; amended in 
Public Act 89-97 in January 1989, effective October 1, 1989;
CGS Section 22a-171 (Formerly Sec. 19-507) ``Duties of Commissioner of 
Energy and Environmental Protection,'' as published in the General 
Statutes of Connecticut revised to January 1, 2013; amended in Public 
Act 84-546 in 1984, effective October 1, 1984;
CGS Section 16a-21a ``Sulfur content of home heating oil and off-road 
diesel fuel. Suspension of requirements for emergency,'' as published 
in the General Statutes of Connecticut revised to January 1, 2013, 
effective July 1, 2011.

    As noted in Table 1, EPA is conditionally approving Connecticut's 
commitment for sub-element sections 110(a)(2)(C)(ii), (D)(i)(II) and 
(J)(iii) with respect to the 2008 Pb, 2008 ozone, 2010 NO2, 
and 2010 SO2 NAAQS, as well as newly conditionally approving 
the state's submittals for these sub-elements with respect to the 1997 
and 2006 PM2.5 NAAQS. In a letter dated August 5, 2015, 
Connecticut committed to adopt and submit to EPA, one year from the 
publication of this conditional approval, regulatory revisions to 
Connecticut's prevention of significant deterioration and new source 
review permitting requirements that meet the requirements to treat 
NOX as a precursor pollutant to ozone and to establish a 
minor source baseline date for PM2.5.
    Under section 110(k)(4) of the Act, EPA may conditionally approve a 
plan based on a commitment from the State to adopt specific enforceable 
measures by a date certain, but not later than one year from the date 
of approval. By this date, the State must meet its commitment made in 
its August 5, 2015 letter to submit revisions to its PSD program that 
fully meet the requirements above. If the State fails to do so, this 
action will become a disapproval one year from the date of publication 
of final approval. EPA will notify the State by letter that this action 
has occurred. At that time, this commitment will no longer be a part of 
the approved Connecticut SIP. EPA subsequently will publish a document 
in the Federal Register notifying the public that the conditional 
approval is converted to a disapproval. If the State meets its 
commitment within the applicable time frame, the conditionally approved 
submission will remain a part of the SIP until EPA takes final action 
approving or disapproving the new submittal. If EPA disapproves the new 
submittal, the conditionally approved portions of Connecticut's 
Infrastructure SIP submittals will also be disapproved at that time. If 
EPA approves the revised PSD program submittal, then the portions of 
Connecticut's infrastructure SIP submittals that were conditionally 
approved will be fully approved in their entirety. In addition, final 
disapproval of an infrastructure SIP submittal triggers the Federal 
implementation plan (FIP) requirement under section 110(c).
    Other specific requirements of infrastructure SIPs and the 
rationale for EPA's final action on Connecticut's submittals are 
explained in the NPR and will not be restated here.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other

[[Page 35639]]

required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 2, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: December 3, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart H--Connecticut

0
2. Section 52.370 is amended by adding reserved paragraph (c)(111) and 
adding paragraph (c)(112) to read as follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (111) [Reserved]
    (112) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
December 28, 2007; September 4, 2008; September 18, 2009; October 13, 
2011; December 28, 2012; January 2, 2013; and May 30, 2013.
    (i) [Reserved.]
    (ii) Additional materials.
    (A) The Connecticut Department of Energy and Environmental 
Protection document, ``Adequacy Determination of the Connecticut State 
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and 
(2) for the 8-Hour Ozone National Ambient Air Quality Standard Program 
Infrastructure,'' Final, December 28, 2007.
    (B) The Connecticut Department of Energy and Environmental 
Protection document, ``Adequacy Determination of the Connecticut State 
Implementation Plan for Clean Air Act Section 110(a) Infrastructure 
Elements: 1997 National Ambient Air Quality Standard for Fine 
Particulate Matter,'' Final, September 4, 2008.
    (C) The Connecticut Department of Energy and Environmental 
Protection document, ``Adequacy Determination of the Connecticut State 
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and 
(2) for the 2006 Fine Particulate Matter National Ambient Air Quality 
Standard,'' Final, September 18, 2009.
    (D) The Connecticut Department of Energy and Environmental 
Protection document, ``Request to Withdraw a Portion of Connecticut's 
PM2.5 Infrastructure Adequacy Determination,'' January 7, 
2011.
    (E) The Connecticut Department of Energy and Environmental 
Protection document, ``Addendum to the CAA Sec.  110(a)(2)(D)(i)(I) 
Portion of Connecticut's Infrastructure Submittal for the 2006 
PM2.5 NAAQS,'' August 19, 2011.
    (F) The Connecticut Department of Energy and Environmental 
Protection document, ``Adequacy Determination of the Connecticut State 
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and
    (2) for the 2008 Lead National Ambient Air Quality Standard,'' 
Final, October 13, 2011.
    (G) The Connecticut Department of Energy and Environmental 
Protection document, ``Update to Connecticut PM2.5 
Infrastructure Submittals,'' June 15, 2012.
    (H) The Connecticut Department of Energy and Environmental 
Protection document, ``Connecticut State Implementation Plan with 
Regard to the Infrastructure Requirements of Clean Air Act Section 
110(a)(1) and 110(s)(2) for the 2008 Ozone National Ambient Air Quality 
Standards, Final, December 28, 2012.
    (I) The Connecticut Department of Energy and Environmental 
Protection document, ``Connecticut State Implementation Plan with 
Regard to the Infrastructure Requirements of Clean Air Act Section 
110(a)(1) and 110(a)(2) for the 2010 Nitrogen Dioxide National Ambient 
Air Quality Standards, Final, January 2, 2013.
    (J) The Connecticut Department of Energy and Environmental 
Protection document, ``Connecticut State Implementation Plan for Clean 
Air Act Section 110(a) Infrastructure Elements: 2010 Sulfur Dioxide 
National Ambient Air Quality Standard, Final, May 30, 2013.
    (K) The Connecticut Department of Energy and Environmental 
Protection letter, ``Supplement to Infrastructure State Implementation 
Plan (SIP) Revisions,'' August 5, 2015.


0
3. Section 52.380 is amended by adding paragraphs (f), (g), and (h) to 
read as follows:


Sec.  52.380  Rules and regulations.

* * * * *

     Note 1 to paragraphs (f) through (h): ``state'' means the state 
of Connecticut.

    (f) Connecticut General Statutes Section 1-85. (Formerly Sec. 1-
68). Interest in conflict with discharge of duties: A public official, 
including an elected state official, or state employee has an interest 
which is in substantial conflict with the proper discharge of his 
duties or employment in the public interest and of his responsibilities 
as prescribed in the laws of this state, if he has reason to believe or 
expect that he, his spouse, a dependent child, or a business with which 
he is associated will derive a direct monetary gain or suffer a direct 
monetary loss, as the case may be, by reason of his official activity. 
A public official, including an elected state official, or state 
employee does not have an interest which is in substantial conflict 
with the proper discharge of his duties in the public interest and of 
his responsibilities as prescribed by the laws of this state, if any 
benefit or detriment accrues to him, his spouse, a dependent child, or 
a business with which he, his spouse or such dependent child is 
associated as a member of a profession, occupation or group to no 
greater extent than any other member of such profession, occupation or 
group. A public official, including an elected state official or state 
employee who has a substantial conflict may not take official action on 
the matter.
    (g) Connecticut General Statutes Section 22a-171. (Formerly Sec. 
19-507). Duties of Commissioner of Energy and Environmental Protection: 
The Commissioner of Energy and Environmental Protection of the State of 
Connecticut shall:

[[Page 35640]]

    (1) Initiate and supervise programs for the purposes of determining 
the causes, effect and hazards of air pollution;
    (2) Initiate and supervise state-wide programs of air pollution 
control education;
    (3) Cooperate with and receive money from the Federal Government 
and, with the approval of the Governor, from any other public or 
private source;
    (4) Adopt, amend, repeal and enforce regulations as provided in 
Connecticut General Statutes Section 22a-174 and do any other act 
necessary to enforce the provisions of Connecticut General Statutes 
Chapter 446c and Connecticut General Statutes Section 14-164c;
    (5) Advise and consult with agencies of the United States, agencies 
of the state, political subdivisions and industries and any other 
affected groups in furtherance of the purposes of Connecticut General 
Statutes Chapter 446c.
    (h) Connecticut General Statutes Section 16a-21a. Sulfur content of 
home heating oil and off-road diesel fuel. Suspension of requirements 
for emergency. (1)(i) The amount of sulfur content of the following 
fuels sold, offered for sale, distributed or used in this state shall 
not exceed the following percentages by weight:
    (A) For number two heating oil, three-tenths of one per cent; and
    (B) For number two off-road diesel fuel, three-tenths of one per 
cent.
    (ii) Notwithstanding paragraph (h)(1)(i) of this section, the 
amount of sulfur content of number two heating oil sold, offered for 
sale, distributed or used in this state shall not exceed the following 
percentages by weight:
    (A) For the period beginning July 1, 2011, and ending June 30, 
2014, fifty parts per million; and
    (B) On and after July 1, 2014, fifteen parts per million.
    (iii) The provisions of paragraph (h)(1)(ii) of this section shall 
not take effect until the states of New York, Massachusetts and Rhode 
Island each have adopted requirements that are substantially similar to 
the provisions of said paragraph (h)(1)(ii).
    (2) As of the date on which the last of the states of New York, 
Massachusetts and Rhode Island limits the sulfur content of number two 
heating oil to one thousand five hundred parts per million, the sulfur 
content of number two heating oil sold, offered for sale, distributed 
or used in this state shall not exceed one thousand five hundred parts 
per million.
    (3) As of the date on which the last of the states of New York, 
Massachusetts and Rhode Island limits the sulfur content of number two 
heating oil to one thousand two hundred fifty parts per million, the 
sulfur content of number two heating oil sold, offered for sale, 
distributed or used in this state shall not exceed one thousand two 
hundred fifty parts per million.
    (4) As of the date on which the last of the states of New York, 
Massachusetts and Rhode Island limits the sulfur content of number two 
heating oil to five hundred parts per million, the sulfur content of 
number two heating oil sold, offered for sale, distributed or used in 
this state shall not exceed five hundred parts per million.
    (5) As of the date on which the last of the states of New York, 
Massachusetts and Rhode Island limits the sulfur content of number two 
off-road diesel fuel to five hundred parts per million, the sulfur 
content of number two off-road diesel fuel offered for sale, 
distributed or used in this state shall not exceed five hundred parts 
per million.
    (6) The Commissioner of Energy and Environmental Protection of the 
State of Connecticut may suspend the requirements of subsections (a) to 
(e), inclusive, of this Connecticut General Statutes Section 16a-21a if 
the commissioner finds that the physical availability of fuel which 
complies with such requirements is inadequate to meet the needs of 
residential, commercial or industrial users in this state and that such 
inadequate physical availability constitutes an emergency provided the 
commissioner shall specify in writing the period of time such 
suspension shall be in effect.

     Note 2 to paragraph (h): EPA has replaced the original 
structure of the CT statute with the structure of the CFR and uses 
``paragraph'' instead of the original statutory language of 
``subsection'' and ``subdivision.'' EPA has also replaced the (a)-
level of the original statute with the (1)-level in the CFR and the 
(1)-level in the original statute with the (i)-level in the CFR.



0
4. In Sec.  52.385, Table 52.385 is amended by adding an entry for 
Section 1-85, revising the entry for Section 16a-21a, and adding new an 
entry for Section 22a-171 to read as follows:


Sec.  52.385 EPA-approved  Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Dates
                                                         ----------------------------------------  Federal Register                        Comments/
   Connecticut state citation         Title/subject         Date adopted by    Date  approved by       citation       Section 52.370      description
                                                                 state                EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Connecticut General Statutes...  Interest in conflict     October 1, 1989...  June 3, 2016......  [Insert Federal             c(112)  Criteria for
                                  with discharge of                                                Register                            identifying a
                                  duties.                                                          citation].                          conflict of
                                                                                                                                       interest.
    Section 1-85...............
Connecticut General Statutes...  Sulfur content of home   July 8, 2013......  June 3, 2016......  [Insert Federal             c(112)  Allowable sulfur
                                  heating oil and off                                              Register                            content of fuels
                                  road diesel fuel.                                                citation].                          provided.
                                  Suspension of                                                                                        Criteria for
                                  requirements for                                                                                     suspension of
                                  emergency.                                                                                           requirements
                                                                                                                                       identified.
    Section 16a-21a............
Connecticut General Statutes...  Duties of Commissioner   October 1, 1984...  June 3, 2016......  [Insert Federal             c(112)  Obligations and
                                  of Energy and                                                    Register                            activities of the
                                  Environmental                                                    citation].                          Commissioner
                                  Protection..                                                                                         identified.
    Section 22a-171............
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
5. Add Sec.  52.386 to read as follows:


Sec.  52.386  Section 110(a)(2) infrastructure requirements.

    The Connecticut Department of Energy and Environmental Protection 
submitted the following infrastructure SIPs on these dates: 2008 Pb 
NAAQS--October 13, 2011; 2008 ozone NAAQS--

[[Page 35641]]

December 28, 2012; 2010 NO2 NAAQS--January 2, 2013; and 2010 
SO2 NAAQS--May 30, 2013. These infrastructure SIPs are 
approved, with the exception of certain elements within 
110(a)(2)(C)(ii), D(i)(II), and J(iii), which are conditionally 
approved. Connecticut submitted infrastructure SIPs for the 1997 and 
2006 PM2.5 NAAQS on September 4, 2008, and September 18, 
2009, respectively, and elements 110(a)(2)(A), D(ii), and E(ii), which 
were previously conditionally approved, are now approved. Also with 
respect to the 1997 and 2006 PM2.5 NAAQS, elements related 
to PSD, which include 110(a)(2)C(ii), D(i)(II), and J(iii) are newly 
conditionally approved. Connecticut also submitted an Infrastructure 
SIP for the 1997 8-hour ozone NAAQS on December 28, 2007, and element 
110(a)(2)(D)(ii), which was previously conditionally approved, is now 
approved.

[FR Doc. 2016-12375 Filed 6-2-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                35636                 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations

                                                report containing this action and other                 be challenged later in proceedings to                            Authority: 42 U.S.C. 7401 et seq.
                                                required information to the U.S. Senate,                enforce its requirements. See section
                                                the U.S. House of Representatives, and                  307(b)(2).                                                   Subpart II—North Carolina
                                                the Comptroller General of the United
                                                                                                        List of Subjects in 40 CFR Part 52                              2. Section 52.1770(e), is amended by
                                                States prior to publication of the rule in                                                                           ■
                                                the Federal Register. A major rule                        Environmental protection, Air                              adding new entries for ‘‘110(a)(1) and
                                                cannot take effect until 60 days after it               pollution control, Incorporation by                          (2) Infrastructure Requirements for the
                                                is published in the Federal Register.                   reference, Intergovernmental relations,                      2008 8-Hour Ozone NAAQS’’, ‘‘110(a)(1)
                                                This action is not a ‘‘major rule’’ as                  Nitrogen dioxide, Ozone, Particulate                         and (2) Infrastructure Requirements for
                                                defined by 5 U.S.C. 804(2).                             matter, Reporting and recordkeeping                          the 2010 1-hour NO2 NAAQS’’,
                                                   Under section 307(b)(1) of the CAA,                  requirements, Volatile organic                               ‘‘110(a)(1) and (2) Infrastructure
                                                petitions for judicial review of this                   compounds.
                                                                                                                                                                     Requirements for the 2010 1-hour SO2
                                                action must be filed in the United States                 Dated: May 23, 2016.                                       NAAQS’’ and ‘‘110(a)(1) and (2)
                                                Court of Appeals for the appropriate                    Heather McTeer Toney,                                        Infrastructure Requirements for the 2012
                                                circuit by August 2, 2016. Filing a                     Regional Administrator, Region 4.                            Annual PM2.5 NAAQS’’ at the end of the
                                                petition for reconsideration by the
                                                                                                            40 CFR part 52 is amended as follows:                    table to read as follows:
                                                Administrator of this final rule does not
                                                affect the finality of this action for the              PART 52—APPROVAL AND                                         § 52.1770    Identification of plan.
                                                purposes of judicial review nor does it                 PROMULGATION OF                                              *       *    *         *      *
                                                extend the time within which a petition                 IMPLEMENTATION PLANS
                                                for judicial review may be filed, and                                                                                    (e) * * *
                                                shall not postpone the effectiveness of                 ■ 1. The authority citation for part 52
                                                such rule or action. This action may not                continues to read as follows:

                                                                                      EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
                                                                                                                  State                        EPA                  Federal Register
                                                                      Provision                                  effective                   approval                                                  Explanation
                                                                                                                                                                        citation
                                                                                                                   date                        date


                                                         *                     *                  *                                  *                        *                      *                        *
                                                110(a)(1) and (2) Infrastructure Requirements for                    11/2/2012                       6/3/2016  [Insert citation of publi-       Addressing prong 4 of
                                                  the 2008 8-Hour Ozone NAAQS.                                                                                    cation in Federal               section 110(a)(2)(D)(i)
                                                                                                                                                                  Register].                      only.
                                                110(a)(1) and (2) Infrastructure Requirements for                    8/23/2013                       6/3/2016 [Insert citation of publi-        Addressing prong 4 of
                                                  the 2010 1-hour NO2 NAAQS.                                                                                      cation in Federal               section 110(a)(2)(D)(i)
                                                                                                                                                                  Register].                      only.
                                                110(a)(1) and (2) Infrastructure Requirements for                    3/18/2014                       6/3/2016 [Insert citation of publi-        Addressing prong 4 of
                                                  the 2010 1-hour SO2 NAAQS.                                                                                      cation in Federal               section 110(a)(2)(D)(i)
                                                                                                                                                                  Register].                      only.
                                                110(a)(1) and (2) Infrastructure Requirements for                    12/4/2015                       6/3/2016 [Insert citation of publi-        Addressing prong 4 of
                                                  the 2012 Annual PM2.5 NAAQS.                                                                                    cation in Federal               section 110(a)(2)(D)(i)
                                                                                                                                                                  Register].                      only.



                                                [FR Doc. 2016–13036 Filed 6–2–16; 8:45 am]              the infrastructure requirements of the                       the structural components of each
                                                BILLING CODE 6560–50–P                                  Clean Air Act (CAA or Act) for the 2008                      state’s air quality management program
                                                                                                        lead, 2008 ozone, 2010 nitrogen dioxide,                     are adequate to meet the state’s
                                                                                                        and 2010 sulfur dioxide National                             responsibilities under the CAA.
                                                ENVIRONMENTAL PROTECTION                                Ambient Air Quality Standards                                DATES: This rule is effective on July 5,
                                                AGENCY                                                  (NAAQS). EPA is also converting                              2016.
                                                                                                        conditional approvals for several                            ADDRESSES: EPA has established a
                                                40 CFR Part 52                                          infrastructure requirements for the 1997                     docket for this action under Docket
                                                [EPA–R01–OAR–2015–0198; FRL–9940–14–                    ozone NAAQS and for the 1997 and                             Identification No. EPA–R01–OAR–
                                                Region 1]                                               2006 fine particle (PM2.5) NAAQS to full                     2015–0198. All documents in the docket
                                                                                                        approval under the CAA. Furthermore,                         are listed on the http://
                                                Approval and Promulgation of                            we are conditionally approving                               www.regulations.gov Web site, although
                                                Implementation Plans; Connecticut;                      elements of Connecticut’s infrastructure                     some information, such as confidential
                                                Infrastructure Requirements for Lead,                   requirements of the CAA regarding                            business information or other
                                                Ozone, Nitrogen Dioxide, Sulfur                         prevention of significant deterioration                      information whose disclosure is
                                                Dioxide, and Fine Particulate Matter                    requirements to treat nitrogen oxides as                     restricted by statute is not publically
                                                AGENCY:  Environmental Protection                       a precursor to ozone and to establish a                      available. Certain other material, such as
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                                                Agency (EPA).                                           minor source baseline date for PM2.5                         copyrighted material, is not placed on
                                                ACTION: Final rule.                                     emissions. Lastly, EPA is approving                          the Internet and will be publicly
                                                                                                        three statutes submitted by Connecticut                      available only in hard copy form.
                                                SUMMARY:  The Environmental Protection                  in support of its demonstration that the                     Publicly available docket materials are
                                                Agency (EPA) is approving elements of                   infrastructure requirements of the CAA                       available at http://www.regulations.gov
                                                State Implementation Plan (SIP)                         have been met. The infrastructure                            or at the U.S. Environmental Protection
                                                submissions from Connecticut regarding                  requirements are designed to ensure that                     Agency, EPA New England Regional


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                                                                              Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations                                                            35637

                                                Office, Office of Ecosystem Protection,                                    SUPPLEMENTARY INFORMATION:                                     4, 2008, and September 18, 2009,
                                                Air Quality Planning Unit, 5 Post Office                                   Throughout this document whenever                              respectively. Lastly, this rulemaking
                                                Square, Suite 100, Boston, MA. EPA                                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                    addresses one infrastructure SIP
                                                requests that if at all possible, you                                      EPA.                                                           element for the 1997 8-hour ozone
                                                contact the contact listed in the FOR                                         Organization of this document. The                          NAAQS for which EPA previously
                                                FURTHER INFORMATION CONTACT section to                                     following outline is provided to aid in                        issued a conditional approval. See 76
                                                schedule your inspection. The Regional                                     locating information in this preamble.                         FR 40248 (July 8, 2011). The state
                                                Office’s official hours of business are                                    I. Background and Purpose                                      submitted this infrastructure SIP on
                                                Monday through Friday, 8:30 a.m. to                                        II. Final Action                                               December 28, 2007.
                                                4:30 p.m., excluding legal holidays.                                       III. Statutory and Executive Order Reviews                        EPA did not receive any comments,
                                                Copies of the documents relevant to this                                                                                                  adverse or otherwise, in response to the
                                                                                                                           I. Background and Purpose
                                                action are also available for public                                                                                                      Notice of Proposed Rulemaking (NPR).
                                                inspection during normal business                                            This rulemaking addresses                                    See 80 FR 54471 (September 10, 2015).
                                                hours, by appointment at: Bureau of Air                                    submissions from the Connecticut
                                                                                                                           Department of Energy and                                       II. Final Action
                                                Management, Department of Energy and
                                                Environmental Protection, State Office                                     Environmental Protection (CT DEEP).                               EPA is approving SIP submissions
                                                Building, 79 Elm Street, Hartford, CT                                      The state submitted its infrastructure                         from Connecticut certifying that the
                                                06106–1630.                                                                SIP for each NAAQS on the following                            state’s current SIP is sufficient to meet
                                                                                                                           dates: 2008 Pb—October 13, 2011; 2008                          the required infrastructure elements
                                                FOR FURTHER INFORMATION CONTACT:                                           ozone—December 28, 2012; 2010 NO2—                             under sections 110(a)(1) and 110(a)(2)
                                                Alison C. Simcox, Environmental                                            January 2, 2013; and 2010 SO2—May 30,                          for the 2008 Pb, 2008 ozone, 2010 NO2,
                                                Scientist, Air Quality Planning Unit, Air                                  2013. This rulemaking also addresses                           and 2010 SO2 NAAQS, with the
                                                Programs Branch (Mail Code OEP05–                                          certain infrastructure SIP elements for                        exception of certain aspects relating to
                                                02), U.S. Environmental Protection                                         the 1997 and 2006 PM2.5 NAAQS for                              PSD which we are conditionally
                                                Agency, Region 1, 5 Post Office Square,                                    which EPA previously issued a                                  approving. A summary of EPA’s actions
                                                Suite 100, Boston, Massachusetts                                           conditional approval. See 77 FR 63228                          regarding these infrastructure SIP
                                                02109–3912; (617) 918–1684;                                                (October 16, 2012). The state submitted                        requirements is contained in Table 1
                                                simcox.alison@epa.gov.                                                     these infrastructure SIPs on September                         below.

                                                                             TABLE 1—ACTION TAKEN ON CT INFRASTRUCTURE SIP SUBMITTALS FOR LISTED NAAQS
                                                                                                                                                                            2008           2008              2010         2010
                                                                                                   Element                                                                   Pb            Ozone             NO2          SO2

                                                (A): Emission limits and other control measures .............................................                                A               A                A             A
                                                (B): Ambient air quality monitoring and data system ......................................                                   A               A                A             A
                                                (C)(i): Enforcement of SIP measures ..............................................................                           A               A                A             A
                                                (C)(ii): PSD program for major sources and major modifications ...................                                           A*              A*               A*            A*
                                                (C)(iii): Permitting program for minor sources and minor modifications .........                                             A               A                A             A
                                                (D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS
                                                   (prongs 1 and 2) ..........................................................................................               A           No action            A         No action
                                                (D)(i)(II): PSD (prong 3) ...................................................................................                A*              A*               A*            A*
                                                (D)(i)(II): Visibility Protection (prong 4) ............................................................                     A              A                 A             A
                                                (D)(ii): Interstate Pollution Abatement .............................................................                        A              A                 A             A
                                                (D)(ii): International Pollution Abatement .........................................................                         A              A                 A             A
                                                (E)(i): Adequate resources ..............................................................................                    A              A                 A             A
                                                (E)(ii): State boards .........................................................................................              A              A                 A             A
                                                (E)(iii): Necessary assurances with respect to local agencies ........................                                      NA              NA               NA            NA
                                                (F): Stationary source monitoring system ........................................................                            A              A                 A             A
                                                (G): Emergency power ....................................................................................                    A              A                 A             A
                                                (H): Future SIP revisions .................................................................................                  A              A                 A             A
                                                (I): Nonattainment area plan or plan revisions under part D ..........................                                       +               +                +             +
                                                (J)(i): Consultation with government officials ...................................................                           A              A                 A             A
                                                (J)(ii): Public notification ..................................................................................              A              A                 A             A
                                                (J)(iii): PSD ......................................................................................................         A*              A*               A*            A*
                                                (J)(iv): Visibility protection ................................................................................              +               +                +             +
                                                (K): Air quality modeling and data ...................................................................                       A              A                 A             A
                                                (L): Permitting fees ..........................................................................................              A              A                 A             A
                                                (M): Consultation and participation by affected local entities ..........................                                    A              A                 A             A



                                                  In the above table, the key is as
                                                follows:
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                                                A ..............................   Approve
                                                A * ............................   Approve, but conditionally approve aspect relating to NOX as a precursor to ozone and minor source baseline date for
                                                                                     PM2.5 under the PSD program.
                                                + ..............................   Not germane to infrastructure SIPs.
                                                No action .................        EPA is taking no action on this infrastructure requirement.
                                                NA ...........................     Not applicable.




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                                                35638                 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations

                                                   With respect to the 1997 and 2006                    prevention of significant deterioration                imposed by state law. For that reason,
                                                PM2.5 NAAQS, EPA is approving                           and new source review permitting                       this action:
                                                Connecticut’s infrastructure SIP                        requirements that meet the requirements                   • Is not a significant regulatory action
                                                submittal requirements pertaining to                    to treat NOX as a precursor pollutant to               subject to review by the Office of
                                                Elements 110(a)(2)A, D(ii) (interstate                  ozone and to establish a minor source                  Management and Budget under
                                                pollution abatement), and E(ii) (state                  baseline date for PM2.5.                               Executive Orders 12866 (58 FR 51735,
                                                boards) for which a conditional                            Under section 110(k)(4) of the Act,                 October 4, 1993) and 13563 (76 FR 3821,
                                                approval was previously issued. See 77                  EPA may conditionally approve a plan                   January 21, 2011);
                                                FR 63228, October 16, 2012. Also with                   based on a commitment from the State                      • Does not impose an information
                                                respect to the 1997 and 2006 PM2.5                      to adopt specific enforceable measures                 collection burden under the provisions
                                                NAAQS, EPA is newly conditionally                       by a date certain, but not later than one              of the Paperwork Reduction Act (44
                                                approving Connecticut’s submittals                      year from the date of approval. By this                U.S.C. 3501 et seq.);
                                                pertaining to Elements 110(a)(2)C(ii),                  date, the State must meet its                             • Is certified as not having a
                                                D(i)(II), and J(iii) for the requirements to            commitment made in its August 5, 2015                  significant economic impact on a
                                                treat NOX as a precursor to ozone and                   letter to submit revisions to its PSD                  substantial number of small entities
                                                to establish a minor source baseline date               program that fully meet the                            under the Regulatory Flexibility Act (5
                                                for PM2.5 in the PSD program.                           requirements above. If the State fails to              U.S.C. 601 et seq.);
                                                   With respect to the 1997 8-hour ozone                do so, this action will become a                          • Does not contain any unfunded
                                                NAAQS, EPA is approving                                 disapproval one year from the date of                  mandate or significantly or uniquely
                                                Connecticut’s infrastructure SIP                        publication of final approval. EPA will                affect small governments, as described
                                                submittal requirements pertaining to                    notify the State by letter that this action            in the Unfunded Mandates Reform Act
                                                Element 110(a)(2)(D)(ii) (interstate                    has occurred. At that time, this                       of 1995 (Pub. L. 104–4);
                                                pollution abatement) for which a                                                                                  • Does not have Federalism
                                                                                                        commitment will no longer be a part of
                                                conditional approval was previously                                                                            implications as specified in Executive
                                                                                                        the approved Connecticut SIP. EPA
                                                issued. See 77 FR 63228, October 16,                                                                           Order 13132 (64 FR 43255, August 10,
                                                                                                        subsequently will publish a document
                                                2012.                                                                                                          1999);
                                                                                                        in the Federal Register notifying the                     • Is not an economically significant
                                                   In addition, we are incorporating into               public that the conditional approval is
                                                the Connecticut SIP the following                                                                              regulatory action based on health or
                                                                                                        converted to a disapproval. If the State               safety risks subject to Executive Order
                                                Connecticut statutes which were                         meets its commitment within the
                                                included for approval in Connecticut’s                                                                         13045 (62 FR 19885, April 23, 1997);
                                                                                                        applicable time frame, the conditionally                  • Is not a significant regulatory action
                                                infrastructure SIP submittals:                          approved submission will remain a part                 subject to Executive Order 13211 (66 FR
                                                Connecticut General Statutes (CGS)                      of the SIP until EPA takes final action                28355, May 22, 2001);
                                                   Section 1–85 (Formerly Sec. 1–68)                    approving or disapproving the new                         • Is not subject to requirements of
                                                   ‘‘Interest in conflict with discharge of             submittal. If EPA disapproves the new                  Section 12(d) of the National
                                                   duties,’’ as published in the General                submittal, the conditionally approved                  Technology Transfer and Advancement
                                                   Statutes of Connecticut revised to                   portions of Connecticut’s Infrastructure               Act of 1995 (15 U.S.C. 272 note) because
                                                   January 1, 2015; amended in Public                   SIP submittals will also be disapproved                application of those requirements would
                                                   Act 89–97 in January 1989, effective                 at that time. If EPA approves the revised              be inconsistent with the Clean Air Act;
                                                   October 1, 1989;                                     PSD program submittal, then the                        and
                                                CGS Section 22a–171 (Formerly Sec.                      portions of Connecticut’s infrastructure                  • Does not provide EPA with the
                                                   19–507) ‘‘Duties of Commissioner of                  SIP submittals that were conditionally                 discretionary authority to address, as
                                                   Energy and Environmental                             approved will be fully approved in their               appropriate, disproportionate human
                                                   Protection,’’ as published in the                    entirety. In addition, final disapproval               health or environmental effects, using
                                                   General Statutes of Connecticut                      of an infrastructure SIP submittal                     practicable and legally permissible
                                                   revised to January 1, 2013; amended                  triggers the Federal implementation                    methods, under Executive Order 12898
                                                   in Public Act 84–546 in 1984,                        plan (FIP) requirement under section                   (59 FR 7629, February 16, 1994).
                                                   effective October 1, 1984;                           110(c).                                                   In addition, the SIP is not approved
                                                CGS Section 16a–21a ‘‘Sulfur content of                    Other specific requirements of                      to apply on any Indian reservation land
                                                   home heating oil and off-road diesel                 infrastructure SIPs and the rationale for              or in any other area where EPA or an
                                                   fuel. Suspension of requirements for                 EPA’s final action on Connecticut’s                    Indian tribe has demonstrated that a
                                                   emergency,’’ as published in the                     submittals are explained in the NPR and                tribe has jurisdiction. In those areas of
                                                   General Statutes of Connecticut                      will not be restated here.                             Indian country, the rule does not have
                                                   revised to January 1, 2013, effective                                                                       tribal implications and will not impose
                                                   July 1, 2011.                                        III. Statutory and Executive Order
                                                                                                        Reviews                                                substantial direct costs on tribal
                                                   As noted in Table 1, EPA is                                                                                 governments or preempt tribal law as
                                                conditionally approving Connecticut’s                     Under the Clean Air Act, the                         specified by Executive Order 13175 (65
                                                commitment for sub-element sections                     Administrator is required to approve a                 FR 67249, November 9, 2000).
                                                110(a)(2)(C)(ii), (D)(i)(II) and (J)(iii) with          SIP submission that complies with the                     The Congressional Review Act, 5
                                                respect to the 2008 Pb, 2008 ozone, 2010                provisions of the Act and applicable                   U.S.C. 801 et seq., as added by the Small
                                                NO2, and 2010 SO2 NAAQS, as well as                     Federal regulations. 42 U.S.C. 7410(k);                Business Regulatory Enforcement
                                                newly conditionally approving the                       40 CFR 52.02(a). Thus, in reviewing SIP                Fairness Act of 1996, generally provides
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                                                state’s submittals for these sub-elements               submissions, EPA’s role is to approve                  that before a rule may take effect, the
                                                with respect to the 1997 and 2006 PM2.5                 state choices, provided that they meet                 agency promulgating the rule must
                                                NAAQS. In a letter dated August 5,                      the criteria of the Clean Air Act.                     submit a rule report, which includes a
                                                2015, Connecticut committed to adopt                    Accordingly, this action merely                        copy of the rule, to each House of the
                                                and submit to EPA, one year from the                    approves state law as meeting Federal                  Congress and to the Comptroller General
                                                publication of this conditional approval,               requirements and does not impose                       of the United States. EPA will submit a
                                                regulatory revisions to Connecticut’s                   additional requirements beyond those                   report containing this action and other


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                                                                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations                                              35639

                                                required information to the U.S. Senate,                  (ii) Additional materials.                           Air Act Section 110(a)(1) and 110(a)(2)
                                                the U.S. House of Representatives, and                    (A) The Connecticut Department of                    for the 2010 Nitrogen Dioxide National
                                                the Comptroller General of the United                   Energy and Environmental Protection                    Ambient Air Quality Standards, Final,
                                                States prior to publication of the rule in              document, ‘‘Adequacy Determination of                  January 2, 2013.
                                                the Federal Register. A major rule                      the Connecticut State Implementation                      (J) The Connecticut Department of
                                                cannot take effect until 60 days after it               Plan with Regard to Clean Air Act                      Energy and Environmental Protection
                                                is published in the Federal Register.                   Section 110(a)(1) and (2) for the 8-Hour               document, ‘‘Connecticut State
                                                This action is not a ‘‘major rule’’ as                  Ozone National Ambient Air Quality                     Implementation Plan for Clean Air Act
                                                defined by 5 U.S.C. 804(2).                             Standard Program Infrastructure,’’ Final,              Section 110(a) Infrastructure Elements:
                                                   Under section 307(b)(1) of the Clean                 December 28, 2007.                                     2010 Sulfur Dioxide National Ambient
                                                Air Act, petitions for judicial review of                 (B) The Connecticut Department of                    Air Quality Standard, Final, May 30,
                                                this action must be filed in the United                 Energy and Environmental Protection                    2013.
                                                States Court of Appeals for the                         document, ‘‘Adequacy Determination of
                                                appropriate circuit by August 2, 2016.                  the Connecticut State Implementation                      (K) The Connecticut Department of
                                                Filing a petition for reconsideration by                Plan for Clean Air Act Section 110(a)                  Energy and Environmental Protection
                                                the Administrator of this final rule does               Infrastructure Elements: 1997 National                 letter, ‘‘Supplement to Infrastructure
                                                not affect the finality of this action for              Ambient Air Quality Standard for Fine                  State Implementation Plan (SIP)
                                                the purposes of judicial review nor does                Particulate Matter,’’ Final, September 4,              Revisions,’’ August 5, 2015.
                                                it extend the time within which a                       2008.                                                  ■ 3. Section 52.380 is amended by
                                                petition for judicial review may be filed,                (C) The Connecticut Department of
                                                                                                                                                               adding paragraphs (f), (g), and (h) to
                                                and shall not postpone the effectiveness                Energy and Environmental Protection
                                                                                                                                                               read as follows:
                                                of such rule or action. This action may                 document, ‘‘Adequacy Determination of
                                                not be challenged later in proceedings to               the Connecticut State Implementation                   § 52.380    Rules and regulations.
                                                enforce its requirements. (See section                  Plan with Regard to Clean Air Act                      *       *    *     *      *
                                                307(b)(2).)                                             Section 110(a)(1) and (2) for the 2006
                                                                                                                                                                  Note 1 to paragraphs (f) through (h):
                                                                                                        Fine Particulate Matter National
                                                List of Subjects in 40 CFR Part 52                                                                             ‘‘state’’ means the state of Connecticut.
                                                                                                        Ambient Air Quality Standard,’’ Final,
                                                  Environmental protection, Air                         September 18, 2009.                                       (f) Connecticut General Statutes
                                                pollution control, Incorporation by                       (D) The Connecticut Department of                    Section 1–85. (Formerly Sec. 1–68).
                                                reference, Intergovernmental relations,                 Energy and Environmental Protection                    Interest in conflict with discharge of
                                                Lead, Nitrogen dioxide, Ozone,                          document, ‘‘Request to Withdraw a                      duties: A public official, including an
                                                Particulate matter, Reporting and                       Portion of Connecticut’s PM2.5                         elected state official, or state employee
                                                recordkeeping requirements, Sulfur                      Infrastructure Adequacy                                has an interest which is in substantial
                                                oxides, Volatile organic compounds.                     Determination,’’ January 7, 2011.                      conflict with the proper discharge of his
                                                  Dated: December 3, 2015.
                                                                                                          (E) The Connecticut Department of                    duties or employment in the public
                                                                                                        Energy and Environmental Protection                    interest and of his responsibilities as
                                                H. Curtis Spalding,
                                                                                                        document, ‘‘Addendum to the CAA                        prescribed in the laws of this state, if he
                                                Regional Administrator, EPA New England.
                                                                                                        § 110(a)(2)(D)(i)(I) Portion of                        has reason to believe or expect that he,
                                                  Part 52 of chapter I, title 40 of the                 Connecticut’s Infrastructure Submittal                 his spouse, a dependent child, or a
                                                Code of Federal Regulations is amended                  for the 2006 PM2.5 NAAQS,’’ August 19,                 business with which he is associated
                                                as follows:                                             2011.                                                  will derive a direct monetary gain or
                                                                                                          (F) The Connecticut Department of                    suffer a direct monetary loss, as the case
                                                PART 52—APPROVAL AND                                    Energy and Environmental Protection
                                                PROMULGATION OF                                                                                                may be, by reason of his official activity.
                                                                                                        document, ‘‘Adequacy Determination of                  A public official, including an elected
                                                IMPLEMENTATION PLANS                                    the Connecticut State Implementation                   state official, or state employee does not
                                                                                                        Plan with Regard to Clean Air Act                      have an interest which is in substantial
                                                ■ 1. The authority citation for part 52
                                                                                                        Section 110(a)(1) and                                  conflict with the proper discharge of his
                                                continues to read as follows:
                                                                                                          (2) for the 2008 Lead National
                                                    Authority: 42 U.S.C. 7401 et seq.                                                                          duties in the public interest and of his
                                                                                                        Ambient Air Quality Standard,’’ Final,
                                                                                                                                                               responsibilities as prescribed by the
                                                                                                        October 13, 2011.
                                                Subpart H—Connecticut                                     (G) The Connecticut Department of                    laws of this state, if any benefit or
                                                                                                        Energy and Environmental Protection                    detriment accrues to him, his spouse, a
                                                ■ 2. Section 52.370 is amended by                                                                              dependent child, or a business with
                                                adding reserved paragraph (c)(111) and                  document, ‘‘Update to Connecticut
                                                                                                        PM2.5 Infrastructure Submittals,’’ June                which he, his spouse or such dependent
                                                adding paragraph (c)(112) to read as                                                                           child is associated as a member of a
                                                follows:                                                15, 2012.
                                                                                                          (H) The Connecticut Department of                    profession, occupation or group to no
                                                § 52.370    Identification of plan.                     Energy and Environmental Protection                    greater extent than any other member of
                                                                                                        document, ‘‘Connecticut State                          such profession, occupation or group. A
                                                *      *    *     *    *                                                                                       public official, including an elected
                                                  (c) * * *                                             Implementation Plan with Regard to the
                                                  (111) [Reserved]                                      Infrastructure Requirements of Clean                   state official or state employee who has
                                                  (112) Revisions to the State                          Air Act Section 110(a)(1) and 110(s)(2)                a substantial conflict may not take
                                                Implementation Plan submitted by the                    for the 2008 Ozone National Ambient                    official action on the matter.
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                                                Connecticut Department of Energy and                    Air Quality Standards, Final, December                    (g) Connecticut General Statutes
                                                Environmental Protection on December                    28, 2012.                                              Section 22a–171. (Formerly Sec. 19–
                                                28, 2007; September 4, 2008; September                    (I) The Connecticut Department of                    507). Duties of Commissioner of Energy
                                                18, 2009; October 13, 2011; December                    Energy and Environmental Protection                    and Environmental Protection: The
                                                28, 2012; January 2, 2013; and May 30,                  document, ‘‘Connecticut State                          Commissioner of Energy and
                                                2013.                                                   Implementation Plan with Regard to the                 Environmental Protection of the State of
                                                  (i) [Reserved.]                                       Infrastructure Requirements of Clean                   Connecticut shall:


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                                                35640                   Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations

                                                   (1) Initiate and supervise programs for                      (A) For the period beginning July 1,                    and Rhode Island limits the sulfur
                                                the purposes of determining the causes,                      2011, and ending June 30, 2014, fifty                      content of number two off-road diesel
                                                effect and hazards of air pollution;                         parts per million; and                                     fuel to five hundred parts per million,
                                                   (2) Initiate and supervise state-wide                        (B) On and after July 1, 2014, fifteen                  the sulfur content of number two off-
                                                programs of air pollution control                            parts per million.                                         road diesel fuel offered for sale,
                                                education;                                                      (iii) The provisions of paragraph                       distributed or used in this state shall not
                                                   (3) Cooperate with and receive money                      (h)(1)(ii) of this section shall not take                  exceed five hundred parts per million.
                                                from the Federal Government and, with                        effect until the states of New York,
                                                                                                                                                                          (6) The Commissioner of Energy and
                                                the approval of the Governor, from any                       Massachusetts and Rhode Island each
                                                                                                                                                                        Environmental Protection of the State of
                                                other public or private source;                              have adopted requirements that are
                                                   (4) Adopt, amend, repeal and enforce                      substantially similar to the provisions of                 Connecticut may suspend the
                                                regulations as provided in Connecticut                       said paragraph (h)(1)(ii).                                 requirements of subsections (a) to (e),
                                                General Statutes Section 22a–174 and                            (2) As of the date on which the last                    inclusive, of this Connecticut General
                                                do any other act necessary to enforce the                    of the states of New York, Massachusetts                   Statutes Section 16a–21a if the
                                                provisions of Connecticut General                            and Rhode Island limits the sulfur                         commissioner finds that the physical
                                                Statutes Chapter 446c and Connecticut                        content of number two heating oil to                       availability of fuel which complies with
                                                General Statutes Section 14–164c;                            one thousand five hundred parts per                        such requirements is inadequate to meet
                                                   (5) Advise and consult with agencies                      million, the sulfur content of number                      the needs of residential, commercial or
                                                of the United States, agencies of the                        two heating oil sold, offered for sale,                    industrial users in this state and that
                                                state, political subdivisions and                            distributed or used in this state shall not                such inadequate physical availability
                                                industries and any other affected groups                     exceed one thousand five hundred parts                     constitutes an emergency provided the
                                                in furtherance of the purposes of                            per million.                                               commissioner shall specify in writing
                                                Connecticut General Statutes Chapter                            (3) As of the date on which the last                    the period of time such suspension shall
                                                446c.                                                        of the states of New York, Massachusetts                   be in effect.
                                                   (h) Connecticut General Statutes                          and Rhode Island limits the sulfur                            Note 2 to paragraph (h): EPA has replaced
                                                Section 16a–21a. Sulfur content of home                      content of number two heating oil to                       the original structure of the CT statute with
                                                heating oil and off-road diesel fuel.                        one thousand two hundred fifty parts                       the structure of the CFR and uses
                                                Suspension of requirements for                               per million, the sulfur content of                         ‘‘paragraph’’ instead of the original statutory
                                                emergency. (1)(i) The amount of sulfur                       number two heating oil sold, offered for                   language of ‘‘subsection’’ and ‘‘subdivision.’’
                                                content of the following fuels sold,                         sale, distributed or used in this state                    EPA has also replaced the (a)-level of the
                                                offered for sale, distributed or used in                     shall not exceed one thousand two                          original statute with the (1)-level in the CFR
                                                this state shall not exceed the following                    hundred fifty parts per million.                           and the (1)-level in the original statute with
                                                percentages by weight:                                          (4) As of the date on which the last                    the (i)-level in the CFR.
                                                   (A) For number two heating oil, three-                    of the states of New York, Massachusetts
                                                tenths of one per cent; and                                  and Rhode Island limits the sulfur                         ■ 4. In § 52.385, Table 52.385 is
                                                   (B) For number two off-road diesel                        content of number two heating oil to                       amended by adding an entry for Section
                                                fuel, three-tenths of one per cent.                          five hundred parts per million, the                        1–85, revising the entry for Section 16a–
                                                   (ii) Notwithstanding paragraph                            sulfur content of number two heating oil                   21a, and adding new an entry for
                                                (h)(1)(i) of this section, the amount of                     sold, offered for sale, distributed or used                Section 22a–171 to read as follows:
                                                sulfur content of number two heating oil                     in this state shall not exceed five
                                                sold, offered for sale, distributed or used                  hundred parts per million.                                 § 52.385 EPA-approved                   Connecticut
                                                in this state shall not exceed the                              (5) As of the date on which the last                    regulations.
                                                following percentages by weight:                             of the states of New York, Massachusetts                   *      *          *       *        *
                                                                                                      TABLE 52.385—EPA-APPROVED REGULATIONS
                                                                                                                                           Dates
                                                 Connecticut state cita-                                                                                     Federal Register cita-           Section                Comments/
                                                                                             Title/subject                         Date           Date
                                                         tion                                                                                                        tion                     52.370                 description
                                                                                                                                adopted by      approved
                                                                                                                                   state         by EPA


                                                                  *                       *                      *                      *                       *                     *                         *
                                                Connecticut General        Interest in conflict with discharge of duties ....   October 1,     June 3,       [Insert Federal Reg-                 c(112)       Criteria for identifying
                                                 Statutes.                                                                       1989.           2016.          ister citation].                                 a conflict of interest.
                                                    Section 1–85.
                                                Connecticut General        Sulfur content of home heating oil and off           July 8,        June 3,       [Insert Federal Reg-                 c(112)       Allowable sulfur con-
                                                  Statutes.                  road diesel fuel. Suspension of require-             2013.          2016.          ister citation].                                 tent of fuels pro-
                                                                             ments for emergency.                                                                                                                vided. Criteria for
                                                                                                                                                                                                                 suspension of re-
                                                                                                                                                                                                                 quirements identi-
                                                                                                                                                                                                                 fied.
                                                    Section 16a–21a.
                                                Connecticut General        Duties of Commissioner of Energy and Envi-           October 1,     June 3,       [Insert Federal Reg-                 c(112)       Obligations and activi-
                                                  Statutes.                  ronmental Protection..                              1984.           2016.          ister citation].                                ties of the Commis-
                                                                                                                                                                                                                sioner identified.
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                                                     Section 22a–171.



                                                ■   5. Add § 52.386 to read as follows:                      § 52.386 Section 110(a)(2) infrastructure                  submitted the following infrastructure
                                                                                                             requirements.                                              SIPs on these dates: 2008 Pb NAAQS—
                                                                                                               The Connecticut Department of                            October 13, 2011; 2008 ozone NAAQS—
                                                                                                             Energy and Environmental Protection


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                                                                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations                             35641

                                                December 28, 2012; 2010 NO2                             hazardous waste program that               C. What were the comments on EPA’s
                                                NAAQS—January 2, 2013; and 2010 SO2                     correspond to certain federal rules        proposal and what is EPA’s response?
                                                NAAQS—May 30, 2013. These                               promulgated between July 1, 2005, and         On March 23, 2016, EPA published a
                                                infrastructure SIPs are approved, with                  June 30, 2008, (also known as RCRA         proposed rule (81 FR 15497) and a
                                                the exception of certain elements within                Clusters XVI through XVIII). EPA           direct final rule (81 FR 15440) to
                                                110(a)(2)(C)(ii), D(i)(II), and J(iii), which           concludes that Nevada’s application to     authorize Nevada’s November 25 and
                                                are conditionally approved. Connecticut                 revise its authorized program meets all    December 28, 2015, applications to
                                                submitted infrastructure SIPs for the                   of the statutory and regulatory            make revisions to Nevada’s State
                                                1997 and 2006 PM2.5 NAAQS on                            requirements established by RCRA, as       Hazardous Waste Management program
                                                September 4, 2008, and September 18,                    set forth in RCRA section 3006(b), 42      that correspond to certain federal rules
                                                2009, respectively, and elements                        U.S.C. 6926(b), and 40 CFR part 271.       promulgated between July 1, 2005, and
                                                110(a)(2)(A), D(ii), and E(ii), which were              Therefore, EPA grants Nevada final         June 30, 2008 (also known as RCRA
                                                previously conditionally approved, are                  authorization to operate as part of its    Clusters XVI through XVIII). EPA stated
                                                now approved. Also with respect to the                  hazardous waste program the changes        that if adverse comments were received
                                                1997 and 2006 PM2.5 NAAQS, elements                     listed in Section G of the direct final    by May 9, 2016, the rule would be
                                                related to PSD, which include                           rule (81 FR 15440), as further described   withdrawn and not take effect. On May
                                                110(a)(2)C(ii), D(i)(II), and J(iii) are                in the authorization application.          9, 2016, EPA received a comment
                                                newly conditionally approved.                              Nevada has responsibility for           opposing approval; however, due to the
                                                Connecticut also submitted an                           permitting treatment, storage, and         reasons explained below, EPA is not
                                                Infrastructure SIP for the 1997 8-hour                  disposal facilities within its borders     withdrawing the direct final rule but
                                                ozone NAAQS on December 28, 2007,                       (except in Indian country) and for         rather is responding to the comment and
                                                and element 110(a)(2)(D)(ii), which was                 carrying out the aspects of the RCRA       reaffirming the effective date of June 6,
                                                previously conditionally approved, is                   program described in its revised           2016, of the rule, pursuant to 40 CFR
                                                now approved.                                           program application. New federal           271.21(b)(3)(iii)(B).
                                                [FR Doc. 2016–12375 Filed 6–2–16; 8:45 am]              requirements and prohibitions imposed         EPA received four comments on the
                                                BILLING CODE 6560–50–P                                  by federal regulations that EPA            proposed rule, Nevada: Final
                                                                                                        promulgates pursuant to the Hazardous      Authorization of State Hazardous Waste
                                                                                                        and Solid Waste Amendments of 1984         Management Program Revisions. Three
                                                ENVIRONMENTAL PROTECTION                                take effect in authorized states at the    comments stated, ‘‘Good’’ and do not
                                                AGENCY                                                  same time that they take effect in         require a response. The fourth comment
                                                                                                        unauthorized states. Thus, EPA will        stated, ‘‘Instead of not authorizing
                                                40 CFR Part 271                                         implement those requirements and           Nevada’s antifreeze recycling program
                                                [EPA–R09–RCRA–2015–0822; FRL–9947–                      prohibitions in Nevada, including the      (and in the process violate 271.1(h), the
                                                28–Region 9]                                            issuance of new permits implementing       partial authorization prohibition) EPA
                                                                                                        those requirements, until the State is     should instead require the program to be
                                                Nevada: Final Authorization of State                    granted authorization to do so.            amended so it is no less stringent than
                                                Hazardous Waste Management                                                                         EPAs [sic] requirements. This has been
                                                                                                        B. What is the effect of today’s
                                                Program Revisions                                                                                  wrong since 2009!’’
                                                                                                        authorization decision?
                                                                                                                                                      The State of Nevada adopted
                                                AGENCY:  Environmental Protection
                                                                                                           The effect of this decision is that the regulations for the ‘‘Recycling of Used
                                                Agency (EPA).
                                                                                                        changes described in Nevada’s              Antifreeze’’ effective October 3, 1996, at
                                                ACTION: Final rule.                                     authorization application will become      NAC 444.8801–9071. These regulations
                                                                                                        part of the authorized state hazardous     are applicable to those categories of
                                                SUMMARY:   EPA received several
                                                                                                        waste program and therefore will be        antifreeze that are recycled and have
                                                comments during the open comment
                                                                                                        federally enforceable. Nevada will         been determined to be hazardous waste
                                                period on the March 23, 2016, proposed
                                                                                                        continue to have primary enforcement       because they either exhibit a
                                                rule to authorize Nevada’s changes to
                                                                                                        authority and responsibility for its state characteristic of hazardous waste (i.e.,
                                                the State Hazardous Waste Management
                                                                                                        hazardous waste program. EPA retains       the toxicity characteristic) or they are a
                                                program. EPA is responding to one
                                                                                                        its authorities under RCRA sections        listed hazardous waste in the state of
                                                comment opposing the action and
                                                                                                        3007, 3008, 3013, and 7003, including      their origin, for those categories of
                                                reaffirming the effective date of the
                                                                                                        its authority to:                          antifreeze entering Nevada from another
                                                direct final rule as June 6, 2016.
                                                                                                           • Conduct inspections, and require      State (NAC 444.8871). Under the
                                                DATES: The final authorization is                                                                  Federal code, spent antifreeze destined
                                                effective June 6, 2016.                                 monitoring, tests, analyses or reports;
                                                                                                                                                   to be recycled, as defined by Nevada,
                                                FOR FURTHER INFORMATION CONTACT:                           • Enforce RCRA requirements,
                                                                                                                                                   would be subject to the requirements of
                                                Laurie Amaro, U.S. Environmental                        including authorized state program
                                                                                                                                                   40 CFR 261.6(b)–(d) ‘‘Requirements for
                                                Protection Agency Region 9, 75                          requirements, and suspend or revoke
                                                                                                                                                   Recyclable Materials.’’ In the Nevada
                                                Hawthorne Street LND–1–1, San                           permits; and
                                                                                                                                                   regulations at NAC 444.8801–9071,
                                                Francisco, CA 94105, amaro.laurie@                         • Take enforcement actions regardless spent antifreeze that is recycled is not
                                                epa.gov, 415–972–3364.                                  of whether the state has taken its own     regulated as universal waste, but is
                                                SUPPLEMENTARY INFORMATION:                              actions.                                   subject to requirements that are less
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                                                                                                           This action does not impose             stringent than the Federal regulations at
                                                A. What decisions has EPA made in this                  additional requirements on the             40 CFR 261.6(b)–(d). Accordingly, EPA
                                                rule?                                                   regulated community because the            cannot authorize Nevada’s regulations
                                                  On November 25, 2015, and December                    regulations for which Nevada is being      specific to the recycling of used
                                                28, 2015, Nevada submitted final                        authorized by today’s action are already antifreeze.
                                                complete program revision applications                  effective and are not changed by today’s      However, Nevada has incorporated
                                                seeking authorization of changes to its                 action.                                    the federal regulations contained in 40


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Document Created: 2018-02-08 07:29:44
Document Modified: 2018-02-08 07:29:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on July 5, 2016.
ContactAlison C. Simcox, Environmental Scientist, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918- 1684; [email protected]
FR Citation81 FR 35636 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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