82_FR_59759 82 FR 59519 - Air Plan Approval; CT; Decommissioning of Stage II Vapor Recovery Systems

82 FR 59519 - Air Plan Approval; CT; Decommissioning of Stage II Vapor Recovery Systems

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 240 (December 15, 2017)

Page Range59519-59521
FR Document2017-26900

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Connecticut Department of Energy and Environmental Protection (CT DEEP). This revision includes regulatory amendments that require gasoline dispensing facilities (GDFs) to decommission their Stage II vapor recovery systems on or before July 1, 2015, and a demonstration that such removal is consistent with the Clean Air Act and EPA guidance. This revision also includes regulatory amendments that strengthen Connecticut's requirements for Stage I vapor recovery systems at GDFs. The intended effect of this action is to approve Connecticut's revised vapor recovery regulations. This action is being taken under the Clean Air Act.

Federal Register, Volume 82 Issue 240 (Friday, December 15, 2017)
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Rules and Regulations]
[Pages 59519-59521]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26900]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0654; A-1-FRL-9966-28-Region 1]


Air Plan Approval; CT; Decommissioning of Stage II Vapor Recovery 
Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Connecticut 
Department of Energy and Environmental Protection (CT DEEP). This 
revision includes regulatory amendments that require gasoline 
dispensing facilities (GDFs) to decommission their Stage II vapor 
recovery systems on or before July 1, 2015, and a demonstration that 
such removal is consistent with the Clean Air Act and EPA guidance. 
This revision also includes regulatory amendments that strengthen 
Connecticut's requirements for Stage I vapor recovery systems at GDFs. 
The intended effect of this action is to approve Connecticut's revised 
vapor recovery regulations. This action is being taken under the Clean 
Air Act.

DATES: This rule is effective on January 16, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2015-0654. All documents in the docket 
are listed on the http://www.regulations.gov website. Although listed 
in the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA 
requests that if at all possible, you contact the contact listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 [mail code: OPE05-2], Boston, 
MA 02109-3912, telephone number (617) 918-1628, fax (617) 918-0628, 
email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 10, 2017 (82 FR 17161), EPA published a Notice of Proposed 
Rulemaking (NPR) proposing approval of a SIP revision submitted by the 
CT DEEP on September 14, 2015. The SIP revision consists of 
Connecticut's newly adopted section 22a-174-30a, Stage I Vapor 
Recovery, of the Regulations of Connecticut State Agencies (RCSA) as 
well as the following revised RCSA sections:
     22a-174-3a, Permit to Construct and Operate Stationary 
Sources, specifically 22a-174-3a(a);
     22a-174-20, Control of Organic Compound Emissions, 
specifically 22a-174-20(a), 22a-174-20(b)(1) through (b)(16), and 22a-
174-20(ee); and
     22a-174-32, Reasonably Available Control Technology (RACT) 
for Volatile Organic Compounds, specifically 22a-174-32(b).

In addition, this SIP revision also includes Public Act No. 13-120, An 
Act Concerning Gasoline Vapor Recovery Systems. Connecticut Public Act 
No. 13-120 revises section 22a-174e of the Connecticut General Statutes 
(CGS). The regulations and statute require the decommissioning of Stage 
II vapor recovery systems and strengthen Stage I vapor recovery 
requirements. The SIP submittal also includes a demonstration that 
removal of Stage II vapor recovery systems in Connecticut is consistent 
with the Clean Air Act and EPA guidance. Finally, the SIP revision 
includes the withdrawal of RCSA section 22a-174-30, Dispensing of 
Gasoline/Stage I and Stage II Vapor Recovery, from the Connecticut SIP.

[[Page 59520]]

    Connecticut subsequently modified the September 14, 2015 SIP 
revision via a letter dated January 20, 2017 wherein Connecticut 
withdrew RCSA 22a-174-3a(a) from consideration as part of this SIP 
revision.
    A detailed discussion of Connecticut's September 14, 2015 SIP 
revision and EPA's rationale for proposing approval of the SIP revision 
were provided in the NPR and will not be restated in this notice. No 
public comments were received on the NPR.

II. Final Action

    EPA is approving Connecticut's September 14, 2015 SIP revision. 
Specifically, EPA is approving, and incorporating into the Connecticut 
SIP, the following regulations and statute: Newly adopted RCSA section 
22a-174-30a; revised RCSA subsection 22a-174-20(a); revised RCSA 
subsections 22a-174-20(b)(6) through (b)(16); revised RCSA subsection 
22a-174-20(ee), and revised RCSA subsection 22a-174-32(b); as well as 
Connecticut Public Act No. 13-120. EPA is also approving Connecticut's 
request to withdraw RCSA section 22a-174-30 from the Connecticut SIP 
because it has been replaced with RCSA section 22a-174-30a, which is 
more stringent. EPA is approving this SIP revision because it meets all 
applicable requirements of the CAA and EPA guidance, and it will not 
interfere with any applicable requirement concerning attainment or 
reasonable further progress towards attainment of any NAAQS, or with 
any other applicable requirement of the Clean Air Act.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Connecticut regulations described in the amendments to 40 CFR part 52 
set forth below. The EPA has made, and will continue to make, these 
documents generally available through http://www.regulations.gov.

IV. 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 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 February 13, 2018. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 24, 2017.
Deborah A. Szaro,
Acting 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 IMPLENTATION PLAN

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 paragraphs (c)(95)(i)(D) and 
(c)(117) to read as follows:


 Sec.  52.370   Identification of plan.

* * * * *
    (c) * * *
    (95) * * *
    (i) * * *
    (D) Regulation 22a-174-30, which was approved in paragraph 
(c)(95)(i)(A), is removed and replaced by Regulation

[[Page 59521]]

22a-174-30a, see paragraph (c)(117)(i)(B).
* * * * *
    (117) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
September 14, 2015.
    (i) Incorporation by reference
    (A) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
20, the sections listed below, effective July 8, 2015, as published in 
the Connecticut Law Journal on November 24, 2015.
    (1) Section 20(a)(7);
    (2) Section (b)(10);
    (3) Sections (b)(12) through (b)(16);
    (4) Section (20)(ee)
    (B) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
30a ``Stage I Vapor Recovery,'' effective July 8, 2015, as published in 
the Connecticut Law Journal on November 24, 2015.
    (C) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
32(b)(3), effective July 8, 2015, as published in the Connecticut Law 
Journal on November 24, 2015.
    (D) House Bill No. 6534, Public Act No. 13-120, ``An Act Concerning 
Gasoline Vapor Recovery Systems,'' approved June 18, 2013.
    (ii) Additional materials.
    (A) Letter from the Connecticut Department of Energy and 
Environmental Protection, dated September 14, 2015, submitting a 
revision to the Connecticut State Implementation Plan.

0
3. In Sec.  52.385, Table 52.385 is amended by: Adding entries under 
existing state citations 22a-174-20 and 22a-174-30; adding an entry for 
state citation 22a-174-30a; adding an entry under existing state 
citation 22a-174-32, and adding a new entry for new Connecticut Public 
Act 13-120 to the end of the table to read as follows:


Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Dates
                                                        --------------------------
    Connecticut State citation         Title/subject         Date         Date       Federal Register        Section 52.370       Comments/description
                                                          adopted by  approved by        citation
                                                            State         EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
22a-174-20.......................  Control of Organic         7/8/15   12/15/2017  [Insert Federal       (c)117...............  Removes sections (b)(6)-
                                    Compound Emissions.                             Register citation].                          (b)(9) and (b)(11),
                                                                                                                                 Revises sections
                                                                                                                                 (a)(7), (b)(10),
                                                                                                                                 sections (b)(12)-
                                                                                                                                 (b)(16), and section
                                                                                                                                 (ee).
 
                                                                      * * * * * * *
22a-174-30.......................  Dispensing of              7/8/15   12/15/2017  [Insert Federal       (c)117...............  22a-174-30 was repealed
                                    Gasoline/Stage II                               Register citation].                          by CT and withdrawn
                                    Vapor Recovery.                                                                              from the SIP and
                                                                                                                                 replaced by 22a-174-
                                                                                                                                 30a.
22a-174-30a......................  Stage I Vapor              7/8/15   12/15/2017  [Insert Federal       (c)117...............  Replaces the repealed
                                    Recovery.                                       Register citation].                          section 22a-174-30.
 
                                                                      * * * * * * *
22a-174-32.......................  Reasonably available       7/8/15   12/15/2017  [Insert Federal       (c)117...............  Revises section (b)(3).
                                    control technology                              Register citation].
                                    for volatile
                                    organic compounds.
 
                                                                      * * * * * * *
Connecticut Public Act No. 13-120  An act concerning         6/18/13   12/15/2017  [Insert Federal       (c)117...............  Revises section 22a-174e
                                    gasoline Vapor                                  Register citation].                          of the Connecticut
                                    recovery systems.                                                                            General Statutes to
                                                                                                                                 require decommissioning
                                                                                                                                 of Stage II Vapor
                                                                                                                                 Recovery Systems.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-26900 Filed 12-14-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations                                         59519

                                              F. Environment                                             Dated: December 11, 2017.                           that if at all possible, you contact the
                                                                                                       Peter J. Brown,                                       contact listed in the FOR FURTHER
                                                 We have analyzed this rule under                      Rear Admiral, U.S. Coast Guard, Commander,            INFORMATION CONTACT section to
                                              Department of Homeland Security                          Seventh Coast Guard District.                         schedule your inspection. The Regional
                                              Management Directive 023–01 and                          [FR Doc. 2017–26998 Filed 12–14–17; 8:45 am]          Office’s official hours of business are
                                              Commandant Instruction M16475.lD,                        BILLING CODE 9110–04–P                                Monday through Friday, 8:30 a.m. to
                                              which guides the Coast Guard in                                                                                4:30 p.m., excluding legal holidays.
                                              complying with the National                                                                                    FOR FURTHER INFORMATION CONTACT: Eric
                                              Environmental Policy Act of 1969                         ENVIRONMENTAL PROTECTION                              Rackauskas, Air Quality Planning Unit,
                                              (NEPA) (42 U.S.C. 4321–4370f), and                       AGENCY                                                U.S. Environmental Protection Agency,
                                              have made a determination that this                                                                            EPA New England Regional Office, 5
                                              action is one of a category of actions                   40 CFR Part 52                                        Post Office Square, Suite 100 [mail
                                              which do not individually or                                                                                   code: OPE05–2], Boston, MA 02109–
                                                                                                       [EPA–R01–OAR–2015–0654; A–1–FRL–
                                              cumulatively have a significant effect on                                                                      3912, telephone number (617) 918–
                                                                                                       9966–28–Region 1]
                                              the human environment. This rule                                                                               1628, fax (617) 918–0628, email
                                              simply promulgates the operating                         Air Plan Approval; CT;                                rackauskas.eric@epa.gov.
                                              regulations or procedures for                            Decommissioning of Stage II Vapor                     SUPPLEMENTARY INFORMATION:
                                              drawbridges. This action is categorically                Recovery Systems                                      Throughout this document whenever
                                              excluded from further review, under                                                                            ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                       AGENCY:  Environmental Protection                     EPA.
                                              figure 2–1, paragraph (32)(e), of the
                                                                                                       Agency (EPA).
                                              Instruction. A Record of Environmental                                                                         Table of Contents
                                                                                                       ACTION: Final rule.
                                              Consideration and a Memorandum for                                                                             I. Background and Purpose
                                              the Record are not required for this rule.               SUMMARY:    The Environmental Protection              II. Final Action
                                                                                                       Agency (EPA) is approving a State                     III. Incorporation by Reference
                                              G. Protest Activities
                                                                                                       Implementation Plan (SIP) revision                    IV. Statutory and Executive Order Reviews
                                                The Coast Guard respects the First                     submitted by the Connecticut                          I. Background and Purpose
                                              Amendment rights of protesters.                          Department of Energy and
                                                                                                       Environmental Protection (CT DEEP).                      On April 10, 2017 (82 FR 17161), EPA
                                              Protesters are asked to contact the
                                                                                                       This revision includes regulatory                     published a Notice of Proposed
                                              person listed in the FOR FURTHER                                                                               Rulemaking (NPR) proposing approval
                                              INFORMATION CONTACT section to                           amendments that require gasoline
                                                                                                                                                             of a SIP revision submitted by the CT
                                              coordinate protest activities so that your               dispensing facilities (GDFs) to
                                                                                                                                                             DEEP on September 14, 2015. The SIP
                                              message can be received without                          decommission their Stage II vapor
                                                                                                                                                             revision consists of Connecticut’s newly
                                              jeopardizing the safety or security of                   recovery systems on or before July 1,
                                                                                                                                                             adopted section 22a–174–30a, Stage I
                                              people, places or vessels.                               2015, and a demonstration that such
                                                                                                                                                             Vapor Recovery, of the Regulations of
                                                                                                       removal is consistent with the Clean Air
                                              List of Subjects in 33 CFR Part 117                                                                            Connecticut State Agencies (RCSA) as
                                                                                                       Act and EPA guidance. This revision
                                                                                                                                                             well as the following revised RCSA
                                                                                                       also includes regulatory amendments
                                                  Bridges.                                                                                                   sections:
                                                                                                       that strengthen Connecticut’s                            • 22a–174–3a, Permit to Construct
                                                For the reasons discussed in the                       requirements for Stage I vapor recovery               and Operate Stationary Sources,
                                              preamble, the Coast Guard amends 33                      systems at GDFs. The intended effect of               specifically 22a–174–3a(a);
                                              CFR part 117 as follows:                                 this action is to approve Connecticut’s                  • 22a–174–20, Control of Organic
                                                                                                       revised vapor recovery regulations. This              Compound Emissions, specifically 22a–
                                              PART 117—DRAWBRIDGE                                      action is being taken under the Clean                 174–20(a), 22a–174–20(b)(1) through
                                              OPERATION REGULATIONS                                    Air Act.                                              (b)(16), and 22a–174–20(ee); and
                                                                                                       DATES: This rule is effective on January                 • 22a–174–32, Reasonably Available
                                              ■ 1. The authority citation for part 117                 16, 2018.                                             Control Technology (RACT) for Volatile
                                              continues to read as follows:                            ADDRESSES: EPA has established a                      Organic Compounds, specifically 22a–
                                                Authority: 33 U.S.C. 499; 33 CFR 1.05–1;               docket for this action under Docket                   174–32(b).
                                              and Department of Homeland Security                      Identification No. EPA–R01–OAR–                       In addition, this SIP revision also
                                              Delegation No. 0170.1.                                   2015–0654. All documents in the docket                includes Public Act No. 13–120, An Act
                                                                                                       are listed on the http://                             Concerning Gasoline Vapor Recovery
                                              ■ 2. Amend § 117.915 by revising                         www.regulations.gov website. Although                 Systems. Connecticut Public Act No.
                                              paragraph (a) to read as follows:                        listed in the index, some information is              13–120 revises section 22a–174e of the
                                                                                                       not publicly available, i.e., CBI or other            Connecticut General Statutes (CGS). The
                                              § 117.915      Ashley River.
                                                                                                       information whose disclosure is                       regulations and statute require the
                                                (a) The draws of the US17 Highway                      restricted by statute. Certain other                  decommissioning of Stage II vapor
                                              Bridges (Ashley River Bridges), mile 2.4                 material, such as copyrighted material,               recovery systems and strengthen Stage I
                                              and 2.5 at Charleston, SC shall open on                  is not placed on the internet and will be             vapor recovery requirements. The SIP
                                              signal; except that, from 4 p.m. to 9 a.m.               publicly available only in hard copy                  submittal also includes a demonstration
                                              daily, the draws shall open only if at                   form. Publicly available docket                       that removal of Stage II vapor recovery
nshattuck on DSK9F9SC42PROD with RULES




                                              least 12 hours notice is given. The                      materials are available at http://                    systems in Connecticut is consistent
                                              draws of either bridge shall open as                     www.regulations.gov or at the U.S.                    with the Clean Air Act and EPA
                                              soon as possible for the passage of                      Environmental Protection Agency, EPA                  guidance. Finally, the SIP revision
                                              vessels in an emergency involving                        New England Regional Office, Office of                includes the withdrawal of RCSA
                                              danger to life or property.                              Ecosystem Protection, Air Quality                     section 22a–174–30, Dispensing of
                                                                                                       Planning Unit, 5 Post Office Square—                  Gasoline/Stage I and Stage II Vapor
                                              *     *     *     *     *                                Suite 100, Boston, MA. EPA requests                   Recovery, from the Connecticut SIP.


                                         VerDate Sep<11>2014    15:15 Dec 14, 2017   Jkt 244001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\15DER1.SGM   15DER1


                                              59520            Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations

                                                 Connecticut subsequently modified                    approves state law as meeting Federal                 Congress and to the Comptroller General
                                              the September 14, 2015 SIP revision via                 requirements and does not impose                      of the United States. EPA will submit a
                                              a letter dated January 20, 2017 wherein                 additional requirements beyond those                  report containing this action and other
                                              Connecticut withdrew RCSA 22a–174–                      imposed by state law. For that reason,                required information to the U.S. Senate,
                                              3a(a) from consideration as part of this                this action:                                          the U.S. House of Representatives, and
                                              SIP revision.                                              • Is not a significant regulatory action           the Comptroller General of the United
                                                 A detailed discussion of Connecticut’s               subject to review by the Office of                    States prior to publication of the rule in
                                              September 14, 2015 SIP revision and                     Management and Budget under                           the Federal Register. A major rule
                                              EPA’s rationale for proposing approval                  Executive Orders 12866 (58 FR 51735,                  cannot take effect until 60 days after it
                                              of the SIP revision were provided in the                October 4, 1993) and 13563 (76 FR 3821,               is published in the Federal Register.
                                              NPR and will not be restated in this                    January 21, 2011);                                    This action is not a ‘‘major rule’’ as
                                              notice. No public comments were                            • Does not impose an information                   defined by 5 U.S.C. 804(2).
                                              received on the NPR.                                    collection burden under the provisions                   Under section 307(b)(1) of the Clean
                                                                                                      of the Paperwork Reduction Act (44                    Air Act, petitions for judicial review of
                                              II. Final Action
                                                                                                      U.S.C. 3501 et seq.);                                 this action must be filed in the United
                                                 EPA is approving Connecticut’s                          • Is certified as not having a                     States Court of Appeals for the
                                              September 14, 2015 SIP revision.                        significant economic impact on a                      appropriate circuit by February 13,
                                              Specifically, EPA is approving, and                     substantial number of small entities                  2018. Filing a petition for
                                              incorporating into the Connecticut SIP,                 under the Regulatory Flexibility Act (5               reconsideration by the Administrator of
                                              the following regulations and statute:                  U.S.C. 601 et seq.);                                  this final rule does not affect the finality
                                              Newly adopted RCSA section 22a–174–                        • Does not contain any unfunded                    of this action for the purposes of judicial
                                              30a; revised RCSA subsection 22a–174–                   mandate or significantly or uniquely                  review nor does it extend the time
                                              20(a); revised RCSA subsections 22a–                    affect small governments, as described                within which a petition for judicial
                                              174–20(b)(6) through (b)(16); revised                   in the Unfunded Mandates Reform Act                   review may be filed, and shall not
                                              RCSA subsection 22a–174–20(ee), and                     of 1995 (Pub. L. 104–4);                              postpone the effectiveness of such rule
                                              revised RCSA subsection 22a–174–                           • Does not have Federalism                         or action. This action may not be
                                              32(b); as well as Connecticut Public Act                implications as specified in Executive                challenged later in proceedings to
                                              No. 13–120. EPA is also approving                       Order 13132 (64 FR 43255, August 10,                  enforce its requirements. (See section
                                              Connecticut’s request to withdraw                       1999);                                                307(b)(2).)
                                              RCSA section 22a–174–30 from the                           • Is not an economically significant
                                              Connecticut SIP because it has been                     regulatory action based on health or                  List of Subjects in 40 CFR Part 52
                                              replaced with RCSA section 22a–174–                     safety risks subject to Executive Order                 Environmental protection, Air
                                              30a, which is more stringent. EPA is                    13045 (62 FR 19885, April 23, 1997);                  pollution control, Carbon monoxide,
                                              approving this SIP revision because it                     • Is not a significant regulatory action           Incorporation by reference,
                                              meets all applicable requirements of the                subject to Executive Order 13211 (66 FR               Intergovernmental relations, Lead,
                                              CAA and EPA guidance, and it will not                   28355, May 22, 2001);                                 Nitrogen dioxide, Ozone, Particulate
                                              interfere with any applicable                              • Is not subject to requirements of                matter, Reporting and recordkeeping
                                              requirement concerning attainment or                    Section 12(d) of the National                         requirements, Sulfur oxides, Volatile
                                              reasonable further progress towards                     Technology Transfer and Advancement                   organic compounds.
                                              attainment of any NAAQS, or with any                    Act of 1995 (15 U.S.C. 272 note) because
                                                                                                      application of those requirements would                 Dated: July 24, 2017.
                                              other applicable requirement of the
                                                                                                      be inconsistent with the Clean Air Act;               Deborah A. Szaro,
                                              Clean Air Act.
                                                                                                      and                                                   Acting Regional Administrator, EPA New
                                              III. Incorporation by Reference                            • Does not provide EPA with the                    England.
                                                 In this rule, the EPA is finalizing                  discretionary authority to address, as                  Part 52 of chapter I, title 40 of the
                                              regulatory text that includes                           appropriate, disproportionate human                   Code of Federal Regulations is amended
                                              incorporation by reference. In                          health or environmental effects, using                as follows:
                                              accordance with requirements of 1 CFR                   practicable and legally permissible
                                              51.5, the EPA is finalizing the                         methods, under Executive Order 12898                  PART 52—APPROVAL AND
                                              incorporation by reference of the                       (59 FR 7629, February 16, 1994).                      PROMULGATION OF IMPLENTATION
                                              Connecticut regulations described in the                   In addition, the SIP is not approved               PLAN
                                              amendments to 40 CFR part 52 set forth                  to apply on any Indian reservation land
                                                                                                      or in any other area where EPA or an                  ■ 1. The authority citation for part 52
                                              below. The EPA has made, and will
                                                                                                      Indian tribe has demonstrated that a                  continues to read as follows:
                                              continue to make, these documents
                                              generally available through http://                     tribe has jurisdiction. In those areas of                 Authority: 42 U.S.C. 7401 et seq.
                                              www.regulations.gov.                                    Indian country, the rule does not have
                                                                                                      tribal implications and will not impose               Subpart H—Connecticut
                                              IV. Statutory and Executive Order                       substantial direct costs on tribal
                                              Reviews                                                                                                       ■ 2. Section 52.370 is amended by
                                                                                                      governments or preempt tribal law as
                                                                                                                                                            adding paragraphs (c)(95)(i)(D) and
                                                Under the Clean Air Act, the                          specified by Executive Order 13175 (65
                                                                                                                                                            (c)(117) to read as follows:
                                              Administrator is required to approve a                  FR 67249, November 9, 2000).
                                              SIP submission that complies with the                      The Congressional Review Act, 5                    § 52.370    Identification of plan.
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                                              provisions of the Act and applicable                    U.S.C. 801 et seq., as added by the Small             *      *     *   *    *
                                              Federal regulations. 42 U.S.C. 7410(k);                 Business Regulatory Enforcement                          (c) * * *
                                              40 CFR 52.02(a). Thus, in reviewing SIP                 Fairness Act of 1996, generally provides                 (95) * * *
                                              submissions, EPA’s role is to approve                   that before a rule may take effect, the                  (i) * * *
                                              state choices, provided that they meet                  agency promulgating the rule must                        (D) Regulation 22a–174–30, which
                                              the criteria of the Clean Air Act.                      submit a rule report, which includes a                was approved in paragraph (c)(95)(i)(A),
                                              Accordingly, this action merely                         copy of the rule, to each House of the                is removed and replaced by Regulation


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                                                                  Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations                                                                59521

                                              22a–174–30a, see paragraph                                     (B) ‘‘Control of Organic Compound                        Environmental Protection, dated
                                              (c)(117)(i)(B).                                             Emissions,’’ Regulation 22a–174–30a                         September 14, 2015, submitting a
                                              *       *    *     *     *                                  ‘‘Stage I Vapor Recovery,’’ effective July                  revision to the Connecticut State
                                                 (117) Revisions to the State                             8, 2015, as published in the Connecticut                    Implementation Plan.
                                              Implementation Plan submitted by the                        Law Journal on November 24, 2015.
                                                                                                                                                                      ■ 3. In § 52.385, Table 52.385 is
                                              Connecticut Department of Energy and                           (C) ‘‘Control of Organic Compound
                                                                                                                                                                      amended by: Adding entries under
                                              Environmental Protection on September                       Emissions,’’ Regulation 22a–174–
                                                                                                                                                                      existing state citations 22a–174–20 and
                                              14, 2015.                                                   32(b)(3), effective July 8, 2015, as
                                                 (i) Incorporation by reference                                                                                       22a–174–30; adding an entry for state
                                                                                                          published in the Connecticut Law
                                                 (A) ‘‘Control of Organic Compound                                                                                    citation 22a–174–30a; adding an entry
                                                                                                          Journal on November 24, 2015.
                                              Emissions,’’ Regulation 22a–174–20, the                                                                                 under existing state citation 22a–174–
                                                                                                             (D) House Bill No. 6534, Public Act                      32, and adding a new entry for new
                                              sections listed below, effective July 8,                    No. 13–120, ‘‘An Act Concerning
                                              2015, as published in the Connecticut                                                                                   Connecticut Public Act 13–120 to the
                                                                                                          Gasoline Vapor Recovery Systems,’’                          end of the table to read as follows:
                                              Law Journal on November 24, 2015.                           approved June 18, 2013.
                                                 (1) Section 20(a)(7);
                                                 (2) Section (b)(10);                                        (ii) Additional materials.                               § 52.385 EPA-approved Connecticut
                                                 (3) Sections (b)(12) through (b)(16);                       (A) Letter from the Connecticut                          regulations.
                                                 (4) Section (20)(ee)                                     Department of Energy and                                    *            *        *      *       *
                                                                                                     TABLE 52.385—EPA-APPROVED REGULATIONS
                                                                                                                Dates
                                                 Connecticut State                                                                   Federal Register
                                                                                 Title/subject          Date           Date                                Section 52.370                         Comments/description
                                                     citation                                                                            citation
                                                                                                     adopted by     approved by
                                                                                                       State           EPA


                                                                    *                      *                   *                       *                  *                              *                    *
                                              22a–174–20 ................   Control of Organic            7/8/15     12/15/2017    [Insert Federal Reg-   (c)117 ..............        Removes sections (b)(6)–(b)(9) and (b)(11),
                                                                              Compound Emis-                                          ister citation].                                  Revises sections (a)(7), (b)(10), sections
                                                                              sions.                                                                                                    (b)(12)–(b)(16), and section (ee).

                                                                    *                       *                  *                       *                  *                              *                 *
                                              22a–174–30 ................   Dispensing of Gaso-           7/8/15     12/15/2017    [Insert Federal Reg-   (c)117 ..............        22a–174–30 was repealed by CT and with-
                                                                              line/Stage II Vapor                                     ister citation].                                   drawn from the SIP and replaced by
                                                                              Recovery.                                                                                                  22a–174–30a.
                                              22a–174–30a ..............    Stage I Vapor Recov-          7/8/15     12/15/2017    [Insert Federal Reg-    (c)117 ..............       Replaces the repealed section 22a–174–
                                                                              ery.                                                    ister citation].                                   30.

                                                                    *                        *                 *                       *                  *                              *                     *
                                              22a–174–32 ................   Reasonably available          7/8/15     12/15/2017    [Insert Federal Reg-   (c)117 ..............        Revises section (b)(3).
                                                                              control technology                                      ister citation].
                                                                              for volatile organic
                                                                              compounds.

                                                                 *                        *                    *                       *                  *                              *                  *
                                              Connecticut Public Act        An act concerning            6/18/13     12/15/2017    [Insert Federal Reg-   (c)117 ..............        Revises section 22a–174e of the Con-
                                                No. 13–120.                   gasoline Vapor re-                                      ister citation].                                  necticut General Statutes to require de-
                                                                              covery systems.                                                                                           commissioning of Stage II Vapor Recov-
                                                                                                                                                                                        ery Systems.



                                              [FR Doc. 2017–26900 Filed 12–14–17; 8:45 am]                of Arizona, the second 10-year                              available through https://
                                              BILLING CODE 6560–50–P                                      maintenance plan for the San Manuel                         www.regulations.gov, or please contact
                                                                                                          area for the 1971 National Ambient Air                      the person identified in the FOR FURTHER
                                                                                                          Quality Standards (‘‘standards’’) for                       INFORMATION CONTACT section for
                                              ENVIRONMENTAL PROTECTION                                    sulfur dioxide (SO2).                                       additional availability information.
                                              AGENCY                                                      DATES: This final rule is effective on                      FOR FURTHER INFORMATION CONTACT:
                                                                                                          January 16, 2018.                                           Ashley Graham, EPA Region IX, (415)
                                              40 CFR Part 52
                                                                                                          ADDRESSES: The EPA has established a                        972–3877, graham.ashleyr@epa.gov.
                                              [EPA–R09–OAR–2017–0377; FRL–9972–03–                        docket for this action under Docket ID
                                              Region 9]                                                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                          No. EPA–R09–OAR–2017–0377. All                              Throughout this document, the words
                                                                                                          documents in the docket are listed on                       ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to the EPA.
                                              Approval of Arizona Air Plan Revision;
                                                                                                          the https://www.regulations.gov
                                              San Manuel, Arizona; Second 10-Year                                                                                     Table of Contents
                                                                                                          website. Although listed in the index,
                                              Sulfur Dioxide Maintenance Plan
                                                                                                          some information is not publicly                            I. Proposed Action
                                              AGENCY:  Environmental Protection                           available, e.g., Confidential Business                      II. Public Comments and EPA Responses
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                                              Agency (EPA).                                               Information (CBI) or other information                      III. EPA Action
                                              ACTION: Final rule.                                         whose disclosure is restricted by statute.                  IV. Statutory and Executive Order Reviews
                                                                                                          Certain other material, such as
                                                                                                                                                                      I. Proposed Action
                                              SUMMARY:   The Environmental Protection                     copyrighted material, is not placed on
                                              Agency (EPA) is taking final rulemaking                     the internet and will be publicly                             On October 5, 2017 (82 FR 46444), the
                                              action to approve, as part of the State                     available only in hard copy form.                           EPA proposed to approve the second 10-
                                              Implementation Plan (SIP) for the State                     Publicly available docket materials are                     year maintenance plan for the San


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Document Created: 2017-12-15 03:37:26
Document Modified: 2017-12-15 03:37:26
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 January 16, 2018.
ContactEric Rackauskas, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100 [mail code: OPE05-2], Boston, MA 02109-3912, telephone number (617) 918-1628, fax (617) 918-0628, email [email protected]
FR Citation82 FR 59519 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; 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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