83 FR 37437 - Air Plan Approval; Connecticut; Infrastructure State Implementation Plan Requirements; Prevention of Significant Deterioration Permit Program Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 148 (August 1, 2018)
Federal Register Volume 83, Issue 148 (August 1, 2018)
| Page Range | 37437-37440 | |
| FR Document | 2018-16431 |
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)] [Rules and Regulations] [Pages 37437-37440] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16431] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2017-0065; FRL-9979-40--Region 1] Air Plan Approval; Connecticut; Infrastructure State Implementation Plan Requirements; Prevention of Significant Deterioration Permit Program Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) submission from Connecticut regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 fine particle (PM2.5 ) National Ambient Air Quality Standards (NAAQS), and a SIP submission addressing interstate transport requirements of the CAA for the 2006 PM2.5 NAAQS. In addition, we are approving one statute included in the SIP for the 2012 PM2.5 NAAQS. 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. The EPA is also approving revisions to the SIP submitted by Connecticut on October 18, 2017, satisfying Connecticut's earlier commitment to adopt and submit provisions that meet certain requirements of the federal Prevention of Significant Deterioration (PSD) permit program. In addition, we are converting the June 3, 2016 conditional approval to full approval for elements of Connecticut's infrastructure SIP regarding PSD requirements to treat nitrogen oxides (NOX ) as a precursor to ozone and to establish a minor source baseline date for PM2.5 emissions for the 1997 and 2006 PM2.5 , 1997 and 2008 ozone, 2008 lead, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS. This action is being taken under the Clean Air Act. DATES: This rule is effective on August 31, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2017-0065. All documents in the docket are listed on the https://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 https://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: Alison C. Simcox, Air Quality Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, tel. (617) 918-1684; simcox.alison@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Background and Purpose II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On March 19, 2018 (83 FR 11933), EPA published a Notice of Proposed Rulemaking (NPRM) for the State of Connecticut. The NPRM proposed approval of three formal SIP submissions from the Connecticut Department of Energy and Environmental Protection (CT DEEP). These included a SIP revision addressing the ``Good Neighbor'' (or ``transport'') (Section 110(a)(2)(D)(i)(I) of the CAA) provisions for the 2006 PM2.5 \1\ NAAQS submitted on August 19, 2011, and an infrastructure SIP (including the transport provisions) for the 2012 PM2.5 NAAQS submitted on December 14, 2015. In addition, on October 18, 2017, CT DEEP submitted a SIP revision addressing applicable requirements for the PSD permit program in Part C of the CAA that are codified in 40 CFR 51.166. --------------------------------------------------------------------------- \1\ PM2.5 refers to particulate matter of 2.5 microns or less in diameter, often referred to as ``fine'' particles. --------------------------------------------------------------------------- This rulemaking does not cover three substantive areas that are not integral to acting on a state's infrastructure SIP submission: (i) Existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction at sources (``SSM'' emissions) that may be contrary to the CAA and EPA's policies addressing such excess emissions; (ii) existing provisions related to ``director's variance'' or ``director's discretion'' that purport to permit revisions to SIP- approved emissions limits with limited public process or without requiring further approval by EPA, that may be contrary to the CAA (``director's discretion''); and, (iii) existing provisions for Prevention of Significant Deterioration (PSD) programs that may be inconsistent with current requirements of EPA's ``Final New Source Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA has the authority to address each one of these substantive areas separately. A [[Page 37438]] detailed history, interpretation, and rationale for EPA's approach to infrastructure SIP requirements can be found in EPA's May 13, 2014, proposed rule entitled, ``Infrastructure SIP Requirements for the 2008 Lead NAAQS'' in the section, ``What is the scope of this rulemaking?'' See 79 FR 27241 at 27242-45. The rationale for EPA's proposed action is explained in the NPR and will not be restated here. II. Response to Comments EPA received 12 comments during the comment period, three of which are essentially identical. The nine distinct comments discuss subjects outside the scope of an infrastructure SIP action, do not explain (or provide a legal basis for) how the proposed action should differ in any way, and make no specific mention of the proposed action. As such, they are not germane. Only the three identical comments make direct reference to the proposed rule or to Connecticut's SIP, but even these comments lack specificity and are unclear. They state that, ``as much as the rule gives clear mandate and responsibility of the state in SIP [sic], it does not give out the responsibilities of other agencies and stakeholders in absolute terms.'' The comments, however, provide no further explanation for this statement, such as articulating what particular ``responsibilities'' the SIP should, but does not currently, ``give out,'' offering any ``absolute terms'' to be included, or providing any specifics regarding the ``other agencies and stakeholders.'' Moreover, it is not even clear that the commenter(s) opposes EPA's proposed approval of Connecticut's submittals. In short, most of the comments are not germane and none of them provide a cogent explanation of how the proposed action should differ in any way nor any relevant legal basis for any changes. Consequently, the comments require no further response, and we are finalizing the action as proposed. III. Final Action EPA is approving Connecticut's infrastructure SIP submittal for the 2012 PM2.5 NAAQS, as well as the transport provisions (CAA section 110(a)(2)(D)(i)(I)) of the state's infrastructure SIP submittal for the 2006 PM2.5 NAAQS as revisions to the Connecticut SIP. EPA is also approving, into the Connecticut SIP, revisions to the PSD permit program pertaining to treating NOX as a precursor to ozone (RCSA Section 22a-174-3a(k)(1)(C)) and establishing a minor source baseline date for PM2.5 (RCSA Section 22a-174-1(71)). Additionally, EPA is approving revised CGS section 16a-21a, ``Sulfur content of home heating oil and off-road diesel fuel. Suspension of requirements for emergency. Enforcement.'' effective July 1, 2015. Finally, we are converting to full approval the June 3, 2016 conditional approval of Connecticut's infrastructure SIP submittals for the PSD-related requirements in section 110(a)(2)(C), (D)(i)(II), and J for the 1997 and 2006 PM2.5 , 1997 and 2008 ozone, 2008 lead, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS. IV. 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 General Statutes of Connecticut and state regulations described in the amendments to 40 CFR part 52 set forth below. Specifically, EPA is finalizing the incorporation by reference of Connecticut General Statute Title 16a, Chapter 296, Section 16a-21a, and state regulations, namely the provisions at Regulation 22a-174-1(71) and at 22a-174- 3a(k)(1)(C). The EPA has made, and will continue to make, these documents generally available through https://www.regulations.gov and at the EPA Region 1 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. 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); This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. 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). [[Page 37439]] Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 1, 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 26, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1. 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 paragraphs (c)(103)(i)(C) and (c)(118) to read as follows: Sec. 52.370 Identification of plan. * * * * * (c) * * * (103) * * * (i) * * * (C) Connecticut General Statute Section16a-21a, which was approved in paragraph (c)(103)(i)(B) of this section, is removed and replaced by Connecticut General Statute 16a-21a, see paragraph (c)(118)(i)(A) of this section. * * * * * (118) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on August 19, 2011, December 14, 2015, and October 18, 2017. (i) Incorporation by reference. (A) ``Definitions,'' Regulation 22a-174-1(71), the definition of ``Minor source baseline date,'' amended October 5, 2017. (B) ``Permit to Construct and Operate Stationary Sources,'' Regulation 22a-174-3a(k)(1)(C), amended October 5, 2017. (C) Connecticut General Statute, Title 16a, ``Planning and Energy Policy,'' Chapter 296, ``Operation of Fuel Supply Business,'' Section 16a-21a, ``Sulfur content of home heating oil and off-road diesel fuel. Suspension of requirements for emergency. Enforcement,'' effective July 1, 2015, as published in the State of Connecticut General Statutes, Revision of 1958, Revised to January 1, 2017. (ii) Additional materials. (A) 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 PM 2.5 NAAQS,'' August 19, 2011. (B) The Connecticut Department of Energy and Environmental Protection document, ``Connecticut State Implementation Plan for Clean Air Act Section 110(a) Infrastructure Elements: 2012 PM2.5 NAAQS,'' December 14, 2015. (C) The Connecticut Department of Energy and Environmental Protection document, State Implementation Plan Revision Concerning the Consumer Products, Architectural and Industrial Maintenance Coatings and Prevention of Significant Deterioration Permit Programs,'' October 18, 2017. Sec. 52.380 [Amended] 0 3. Section 52.380 is amended by: 0 a. Under paragraph (e)(2), removing the text ``Note 1 to paragraphs (f) through (h)'' and adding in its place ``Note 1 to paragraphs (f) through (g)''; and 0 b. Removing and reserving paragraph (h). 0 4. In Sec. 52.385, Table 52.385 is amended by adding entries for state citations 22a-174-1 and 22a-174-3a in numerical order by state citation and date approved by EPA and revising the entry for state citation Section 16a-21a to read as follows: Sec. 52.385 EPA-approved Connecticut regulations. * * * * * Table 52.385--EPA-Approved Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- Dates -------------------------------- Federal Register Connecticut state citation Title/subject Date adopted Date approved citation Section 52.370 Comments/ description by state by EPA -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 22a-174-1....................... Definitions............. 10/05/17 08/01/17 [Insert Federal c (118) Modified definition of Register citation]. ``minor source baseline date'' for purposes of adding PM2.5. * * * * * * * 22a-174-3a...................... Permit to Construct and 10/05/17 08/01/17 [Insert Federal c (118) Amendment of subsection Operate Stationary Register citation]. (k)(1)(C). Sources. * * * * * * * Connecticut General Statutes Sulfur content of home 07/01/15 08/01/17 [Insert Federal c (118) Allowable sulfur Section 16a-21a. heating oil and off Register citation]. content of fuels road diesel fuel. provided. Criteria for Suspension of suspension of requirements for requirements and for emergency. Enforcement. enforcement identified. [[Page 37440]] * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- 0 5. Section 52.386 is amended by adding paragraph (c) to read as follows: Sec. 52.386 Section 110(a)(2) infrastructure requirements. * * * * * (c) The Connecticut Department of Energy and Environmental Protection submitted the following infrastructure SIPs on these dates: 2006 PM2.5 NAAQS--August 19, 2011 (CAA section 110(a)(2)(D)(i)(I) transport provisions), and 2012 PM2.5 NAAQS--December 14, 2015. These infrastructure SIPs are approved. Also with respect to the 1997 and 2006 PM2.5 , 1997 and 2008 ozone, 2008 lead, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS, elements related to PSD, which are in CAA section 110(a)(2)(C), (D)(i)(II), and (J) and were previously conditionally approved, are now approved. [FR Doc. 2018-16431 Filed 7-31-18; 8:45 am] BILLING CODE 6560-50-P
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VERMONT NON-REGULATORY
Applicable State submittal EPA
Name of non-regulatory SIP provision geographic or date/effective approved Explanations
nonattainment area date date
* * * * * * *
Transport Element of the Infrastructure Statewide ................ 11/2/2015 8/1/2018 Approved submittal meets the require-
SIP for the 2010 SO2 NAAQS. [Insert Federal ments of Section 110(a)(2)(D)(i)(I) for
Register the 2010 SO2 NAAQS
citation]
* * * * * * *
[FR Doc. 2018–16413 Filed 7–31–18; 8:45 am] 1997 and 2006 PM2.5, 1997 and 2008 I. Background and Purpose
BILLING CODE 6560–50–P ozone, 2008 lead, 2010 nitrogen dioxide, On March 19, 2018 (83 FR 11933),
and 2010 sulfur dioxide NAAQS. This EPA published a Notice of Proposed
action is being taken under the Clean Rulemaking (NPRM) for the State of
ENVIRONMENTAL PROTECTION Air Act. Connecticut. The NPRM proposed
AGENCY DATES: This rule is effective on August approval of three formal SIP
31, 2018. submissions from the Connecticut
40 CFR Part 52
ADDRESSES: EPA has established a Department of Energy and
[EPA–R01–OAR–2017–0065; FRL–9979– docket for this action under Docket Environmental Protection (CT DEEP).
40—Region 1] Identification No. EPA–R01–OAR– These included a SIP revision
2017–0065. All documents in the docket addressing the ‘‘Good Neighbor’’ (or
Air Plan Approval; Connecticut; ‘‘transport’’) (Section 110(a)(2)(D)(i)(I) of
are listed on the https://
Infrastructure State Implementation the CAA) provisions for the 2006 PM2.5 1
www.regulations.gov website. Although
Plan Requirements; Prevention of NAAQS submitted on August 19, 2011,
listed in the index, some information is
Significant Deterioration Permit and an infrastructure SIP (including the
not publicly available, i.e., CBI or other
Program Revisions transport provisions) for the 2012 PM2.5
information whose disclosure is
AGENCY: Environmental Protection restricted by statute. Certain other NAAQS submitted on December 14,
Agency (EPA). material, such as copyrighted material, 2015. In addition, on October 18, 2017,
ACTION: Final rule. is not placed on the internet and will be CT DEEP submitted a SIP revision
publicly available only in hard copy addressing applicable requirements for
SUMMARY: The Environmental Protection form. Publicly available docket the PSD permit program in Part C of the
Agency (EPA) is approving elements of materials are available at https:// CAA that are codified in 40 CFR 51.166.
a State Implementation Plan (SIP) www.regulations.gov or at the U.S. This rulemaking does not cover three
submission from Connecticut regarding Environmental Protection Agency, EPA substantive areas that are not integral to
the infrastructure requirements of the New England Regional Office, Office of acting on a state’s infrastructure SIP
Clean Air Act (CAA or Act) for the 2012 Ecosystem Protection, Air Quality submission: (i) Existing provisions
fine particle (PM2.5) National Ambient Planning Unit, 5 Post Office Square— related to excess emissions during
Air Quality Standards (NAAQS), and a Suite 100, Boston, MA. EPA requests periods of start-up, shutdown, or
SIP submission addressing interstate that if at all possible, you contact the malfunction at sources (‘‘SSM’’
transport requirements of the CAA for contact listed in the FOR FURTHER emissions) that may be contrary to the
the 2006 PM2.5 NAAQS. In addition, we INFORMATION CONTACT section to
CAA and EPA’s policies addressing
are approving one statute included in schedule your inspection. The Regional such excess emissions; (ii) existing
the SIP for the 2012 PM2.5 NAAQS. The Office’s official hours of business are provisions related to ‘‘director’s
infrastructure requirements are designed Monday through Friday, 8:30 a.m. to variance’’ or ‘‘director’s discretion’’ that
to ensure that the structural components purport to permit revisions to SIP-
4:30 p.m., excluding legal holidays.
of each state’s air quality management approved emissions limits with limited
FOR FURTHER INFORMATION CONTACT: public process or without requiring
program are adequate to meet the state’s Alison C. Simcox, Air Quality Unit, U.S.
responsibilities under the CAA. The further approval by EPA, that may be
Environmental Protection Agency, EPA contrary to the CAA (‘‘director’s
EPA is also approving revisions to the New England Regional Office, 5 Post
SIP submitted by Connecticut on discretion’’); and, (iii) existing
Office Square—Suite 100, (Mail code provisions for Prevention of Significant
October 18, 2017, satisfying OEP05–2), Boston, MA 02109–3912, tel.
Connecticut’s earlier commitment to Deterioration (PSD) programs that may
(617) 918–1684; simcox.alison@epa.gov. be inconsistent with current
adopt and submit provisions that meet
SUPPLEMENTARY INFORMATION: requirements of EPA’s ‘‘Final New
certain requirements of the federal
Throughout this document whenever Source Review (NSR) Improvement
Prevention of Significant Deterioration
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Rule,’’ 67 FR 80186 (December 31,
(PSD) permit program. In addition, we
EPA. 2002), as amended by 72 FR 32526 (June
sradovich on DSK3GMQ082PROD with RULES
are converting the June 3, 2016
13, 2007) (‘‘NSR Reform’’). Instead, EPA
conditional approval to full approval for Table of Contents
has the authority to address each one of
elements of Connecticut’s infrastructure I. Background and Purpose these substantive areas separately. A
SIP regarding PSD requirements to treat II. Response to Comments
nitrogen oxides (NOX) as a precursor to III. Final Action 1 PM
2.5 refers to particulate matter of 2.5 microns
ozone and to establish a minor source IV. Incorporation by Reference or less in diameter, often referred to as ‘‘fine’’
baseline date for PM2.5 emissions for the V. Statutory and Executive Order Reviews particles.
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![37438 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
detailed history, interpretation, and 1(71)). Additionally, EPA is approving of the Paperwork Reduction Act (44
rationale for EPA’s approach to revised CGS section 16a–21a, ‘‘Sulfur U.S.C. 3501 et seq.);
infrastructure SIP requirements can be content of home heating oil and off-road • Is certified as not having a
found in EPA’s May 13, 2014, proposed diesel fuel. Suspension of requirements significant economic impact on a
rule entitled, ‘‘Infrastructure SIP for emergency. Enforcement.’’ effective substantial number of small entities
Requirements for the 2008 Lead July 1, 2015. Finally, we are converting under the Regulatory Flexibility Act (5
NAAQS’’ in the section, ‘‘What is the to full approval the June 3, 2016 U.S.C. 601 et seq.);
scope of this rulemaking?’’ See 79 FR conditional approval of Connecticut’s • Does not contain any unfunded
27241 at 27242–45. infrastructure SIP submittals for the mandate or significantly or uniquely
The rationale for EPA’s proposed PSD-related requirements in section affect small governments, as described
action is explained in the NPR and will 110(a)(2)(C), (D)(i)(II), and J for the 1997 in the Unfunded Mandates Reform Act
not be restated here. and 2006 PM2.5, 1997 and 2008 ozone, of 1995 (Pub. L. 104–4);
II. Response to Comments 2008 lead, 2010 nitrogen dioxide, and • Does not have Federalism
2010 sulfur dioxide NAAQS. implications as specified in Executive
EPA received 12 comments during the
IV. Incorporation by Reference Order 13132 (64 FR 43255, August 10,
comment period, three of which are
1999);
essentially identical. The nine distinct In this rule, the EPA is finalizing • Is not an economically significant
comments discuss subjects outside the regulatory text that includes regulatory action based on health or
scope of an infrastructure SIP action, do incorporation by reference. In safety risks subject to Executive Order
not explain (or provide a legal basis for) accordance with requirements of 1 CFR
13045 (62 FR 19885, April 23, 1997);
how the proposed action should differ 51.5, the EPA is finalizing the
in any way, and make no specific • Is not a significant regulatory action
incorporation by reference of the
mention of the proposed action. As subject to Executive Order 13211 (66 FR
General Statutes of Connecticut and
such, they are not germane. 28355, May 22, 2001);
state regulations described in the
Only the three identical comments • Is not subject to requirements of
amendments to 40 CFR part 52 set forth
make direct reference to the proposed Section 12(d) of the National
below. Specifically, EPA is finalizing
rule or to Connecticut’s SIP, but even Technology Transfer and Advancement
the incorporation by reference of
these comments lack specificity and are Act of 1995 (15 U.S.C. 272 note) because
Connecticut General Statute Title 16a,
unclear. They state that, ‘‘as much as the application of those requirements would
Chapter 296, Section 16a–21a, and state
rule gives clear mandate and be inconsistent with the Clean Air Act;
regulations, namely the provisions at
responsibility of the state in SIP [sic], it and
Regulation 22a–174–1(71) and at 22a–
does not give out the responsibilities of • Does not provide EPA with the
174–3a(k)(1)(C). The EPA has made, and
other agencies and stakeholders in discretionary authority to address, as
will continue to make, these documents
absolute terms.’’ The comments, appropriate, disproportionate human
generally available through https://
however, provide no further explanation health or environmental effects, using
www.regulations.gov and at the EPA
for this statement, such as articulating practicable and legally permissible
Region 1 Office (please contact the
what particular ‘‘responsibilities’’ the methods, under Executive Order 12898
person identified in the FOR FURTHER
SIP should, but does not currently, (59 FR 7629, February 16, 1994).
INFORMATION CONTACT section of this
‘‘give out,’’ offering any ‘‘absolute In addition, the SIP is not approved
preamble for more information).
terms’’ to be included, or providing any to apply on any Indian reservation land
specifics regarding the ‘‘other agencies V. Statutory and Executive Order or in any other area where EPA or an
and stakeholders.’’ Moreover, it is not Reviews Indian tribe has demonstrated that a
even clear that the commenter(s) Under the Clean Air Act, the tribe has jurisdiction. In those areas of
opposes EPA’s proposed approval of Administrator is required to approve a Indian country, the rule does not have
Connecticut’s submittals. In short, most SIP submission that complies with the tribal implications and will not impose
of the comments are not germane and provisions of the Act and applicable substantial direct costs on tribal
none of them provide a cogent Federal regulations. 42 U.S.C. 7410(k); governments or preempt tribal law as
explanation of how the proposed action 40 CFR 52.02(a). Thus, in reviewing SIP specified by Executive Order 13175 (65
should differ in any way nor any submissions, EPA’s role is to approve FR 67249, November 9, 2000).
relevant legal basis for any changes. state choices, provided that they meet The Congressional Review Act, 5
Consequently, the comments require no the criteria of the Clean Air Act. U.S.C. 801 et seq., as added by the Small
further response, and we are finalizing Accordingly, this action merely Business Regulatory Enforcement
the action as proposed. approves state law as meeting Federal Fairness Act of 1996, generally provides
requirements and does not impose that before a rule may take effect, the
III. Final Action agency promulgating the rule must
additional requirements beyond those
EPA is approving Connecticut’s imposed by state law. For that reason, submit a rule report, which includes a
infrastructure SIP submittal for the 2012 this action: copy of the rule, to each House of the
PM2.5 NAAQS, as well as the transport • Is not a significant regulatory action Congress and to the Comptroller General
provisions (CAA section subject to review by the Office of of the United States. EPA will submit a
110(a)(2)(D)(i)(I)) of the state’s Management and Budget under report containing this action and other
infrastructure SIP submittal for the 2006 Executive Orders 12866 (58 FR 51735, required information to the U.S. Senate,
PM2.5 NAAQS as revisions to the October 4, 1993) and 13563 (76 FR 3821, the U.S. House of Representatives, and
sradovich on DSK3GMQ082PROD with RULES
Connecticut SIP. EPA is also approving, January 21, 2011); the Comptroller General of the United
into the Connecticut SIP, revisions to • This action is not an Executive States prior to publication of the rule in
the PSD permit program pertaining to Order 13771 regulatory action because the Federal Register. A major rule
treating NOX as a precursor to ozone this action is not significant under cannot take effect until 60 days after it
(RCSA Section 22a–174–3a(k)(1)(C)) and Executive Order 12866. is published in the Federal Register.
establishing a minor source baseline • Does not impose an information This action is not a ‘‘major rule’’ as
date for PM2.5 (RCSA Section 22a–174– collection burden under the provisions defined by 5 U.S.C. 804(2).
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Under section 307(b)(1) of the Clean Subpart H—Connecticut (ii) Additional materials. (A) The
Air Act, petitions for judicial review of Connecticut Department of Energy and
this action must be filed in the United ■ 2. Section 52.370 is amended by Environmental Protection document,
States Court of Appeals for the adding paragraphs (c)(103)(i)(C) and ‘‘Addendum to the CAA
appropriate circuit by October 1, 2018. (c)(118) to read as follows: § 110(a)(2)(D)(i)(I) Portion of
Filing a petition for reconsideration by Connecticut’s Infrastructure Submittal
§ 52.370 Identification of plan.
the Administrator of this final rule does for the 2006 PM2.5 NAAQS,’’ August 19,
* * * * * 2011.
not affect the finality of this action for (c) * * *
the purposes of judicial review nor does (B) The Connecticut Department of
(103) * * * Energy and Environmental Protection
it extend the time within which a (i) * * *
petition for judicial review may be filed, document, ‘‘Connecticut State
(C) Connecticut General Statute Implementation Plan for Clean Air Act
and shall not postpone the effectiveness Section16a–21a, which was approved in Section 110(a) Infrastructure Elements:
of such rule or action. This action may paragraph (c)(103)(i)(B) of this section, 2012 PM2.5 NAAQS,’’ December 14,
not be challenged later in proceedings to is removed and replaced by Connecticut 2015.
enforce its requirements. (See section General Statute 16a–21a, see paragraph (C) The Connecticut Department of
307(b)(2).) (c)(118)(i)(A) of this section. Energy and Environmental Protection
List of Subjects in 40 CFR Part 52 * * * * * document, State Implementation Plan
(118) Revisions to the State Revision Concerning the Consumer
Environmental protection, Air Implementation Plan submitted by the Products, Architectural and Industrial
pollution control, Carbon monoxide, Connecticut Department of Energy and Maintenance Coatings and Prevention of
Incorporation by reference, Environmental Protection on August 19, Significant Deterioration Permit
Intergovernmental relations, Lead, 2011, December 14, 2015, and October Programs,’’ October 18, 2017.
Nitrogen dioxide, Ozone, Particulate 18, 2017.
(i) Incorporation by reference. (A) § 52.380 [Amended]
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile ‘‘Definitions,’’ Regulation 22a–174– ■ 3. Section 52.380 is amended by:
organic compounds. 1(71), the definition of ‘‘Minor source ■ a. Under paragraph (e)(2), removing
baseline date,’’ amended October 5, the text ‘‘Note 1 to paragraphs (f)
Dated: July 26, 2018. 2017. through (h)’’ and adding in its place
Alexandra Dunn, (B) ‘‘Permit to Construct and Operate ‘‘Note 1 to paragraphs (f) through (g)’’;
Regional Administrator, EPA Region 1. Stationary Sources,’’ Regulation 22a– and
174–3a(k)(1)(C), amended October 5, ■ b. Removing and reserving paragraph
Part 52 of chapter I, title 40 of the 2017. (h).
Code of Federal Regulations is amended (C) Connecticut General Statute, Title ■ 4. In § 52.385, Table 52.385 is
as follows: 16a, ‘‘Planning and Energy Policy,’’ amended by adding entries for state
Chapter 296, ‘‘Operation of Fuel Supply citations 22a–174–1 and 22a–174–3a in
PART 52—APPROVAL AND Business,’’ Section 16a–21a, ‘‘Sulfur
PROMULGATION OF numerical order by state citation and
content of home heating oil and off-road date approved by EPA and revising the
IMPLEMENTATION PLANS diesel fuel. Suspension of requirements entry for state citation Section 16a–21a
for emergency. Enforcement,’’ effective to read as follows:
■ 1. The authority citation for part 52 July 1, 2015, as published in the State
continues to read as follows: of Connecticut General Statutes, § 52.385 EPA-approved Connecticut
Revision of 1958, Revised to January 1, regulations.
Authority: 42 U.S.C. 7401 et seq.
2017. * * * * *
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates Federal
Connecticut Section Comments/
Title/subject Register
state citation Date adopted Date approved 52.370 description
citation
by state by EPA
* * * * * * *
22a–174–1 ..... Definitions ........................... 10/05/17 08/01/17 [Insert Fed- c (118) Modified definition of ‘‘minor
eral Reg- source baseline date’’ for
ister cita- purposes of adding
tion]. PM2.5.
* * * * * * *
22a–174–3a ... Permit to Construct and Op- 10/05/17 08/01/17 [Insert Fed- c (118) Amendment of subsection
erate Stationary Sources. eral Reg- (k)(1)(C).
ister cita-
sradovich on DSK3GMQ082PROD with RULES
tion].
* * * * * * *
Connecticut Sulfur content of home 07/01/15 08/01/17 [Insert Fed- c (118) Allowable sulfur content of
General heating oil and off road eral Reg- fuels provided. Criteria for
Statutes diesel fuel. Suspension of ister cita- suspension of require-
Section 16a– requirements for emer- tion]. ments and for enforce-
21a. gency. Enforcement. ment identified.
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![37440 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
TABLE 52.385—EPA-APPROVED REGULATIONS—Continued
Dates Federal
Connecticut Section Comments/
Title/subject Register
state citation Date adopted Date approved 52.370 description
citation
by state by EPA
* * * * * * *
■ 5. Section 52.386 is amended by before October 1, 2018, and must be B. How can I get electronic access to
adding paragraph (c) to read as follows: filed in accordance with the instructions other related information?
provided in 40 CFR part 178 (see also You may access a frequently updated
§ 52.386 Section 110(a)(2) infrastructure
Unit I.C. of the SUPPLEMENTARY electronic version of 40 CFR part 180
requirements.
INFORMATION). through the Government Printing
* * * * *
(c) The Connecticut Department of ADDRESSES: The docket for this action, Office’s e-CFR site at http://
Energy and Environmental Protection identified by docket identification (ID) www.ecfr.gov/cgi-bin/text-
submitted the following infrastructure number EPA–HQ–OPP–2018–0150, is idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
SIPs on these dates: 2006 PM2.5 available at http://www.regulations.gov 40tab_02.tpl.
NAAQS—August 19, 2011 (CAA section or at the Office of Pesticide Programs C. How can I file an objection or hearing
110(a)(2)(D)(i)(I) transport provisions), Regulatory Public Docket (OPP Docket) request?
and 2012 PM2.5 NAAQS—December 14, in the Environmental Protection Agency
2015. These infrastructure SIPs are Under FFDCA section 408(g), 21
Docket Center (EPA/DC), West William
approved. Also with respect to the 1997 U.S.C. 346a, any person may file an
Jefferson Clinton Bldg., Rm. 3334, 1301
and 2006 PM2.5, 1997 and 2008 ozone, objection to any aspect of this regulation
Constitution Ave. NW, Washington, DC
2008 lead, 2010 nitrogen dioxide, and and may also request a hearing on those
20460–0001. The Public Reading Room
2010 sulfur dioxide NAAQS, elements objections. You must file your objection
is open from 8:30 a.m. to 4:30 p.m.,
related to PSD, which are in CAA or request a hearing on this regulation
Monday through Friday, excluding legal
section 110(a)(2)(C), (D)(i)(II), and (J) in accordance with the instructions
holidays. The telephone number for the
and were previously conditionally provided in 40 CFR part 178. To ensure
Public Reading Room is (202) 566–1744,
approved, are now approved. proper receipt by EPA, you must
and the telephone number for the OPP
identify docket ID number EPA–HQ–
[FR Doc. 2018–16431 Filed 7–31–18; 8:45 am] Docket is (703) 305–5805. Please review
OPP–2018–0150 in the subject line on
BILLING CODE 6560–50–P the visitor instructions and additional
the first page of your submission. All
information about the docket available
objections and requests for a hearing
at http://www.epa.gov/dockets.
ENVIRONMENTAL PROTECTION must be in writing, and must be
FOR FURTHER INFORMATION CONTACT: received by the Hearing Clerk on or
AGENCY
Michael Goodis, Registration Division before October 1, 2018. Addresses for
40 CFR Part 180 (7505P), Office of Pesticide Programs, mail and hand delivery of objections
Environmental Protection Agency, 1200 and hearing requests are provided in 40
[EPA–HQ–OPP–2018–0150; FRL–9980–39] Pennsylvania Ave. NW, Washington, DC CFR 178.25(b).
20460–0001; main telephone number: In addition to filing an objection or
Titanium dioxide; Exemption From the
(703) 305–7090; email address: hearing request with the Hearing Clerk
Requirement of a Tolerance
RDFRNotices@epa.gov. as described in 40 CFR part 178, please
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: submit a copy of the filing (excluding
Agency (EPA). any Confidential Business Information
ACTION: Final rule. I. General Information (CBI)) for inclusion in the public docket.
A. Does this action apply to me? Information not marked confidential
SUMMARY: This regulation amends the pursuant to 40 CFR part 2 may be
exemption from the requirement of a You may be potentially affected by disclosed publicly by EPA without prior
tolerance for residues of titanium this action if you are an agricultural notice. Submit the non-CBI copy of your
dioxide (CAS Reg. No. 13463–67–7) producer, food manufacturer, or objection or hearing request, identified
when used as an inert ingredient in pesticide manufacturer. The following by docket ID number EPA–HQ–OPP–
pesticide formulations applied to list of North American Industrial 2018–0150, by one of the following
growing crops to allow for use as a Classification System (NAICS) codes is methods:
carrier. SciReg. Inc., on behalf of Bayer not intended to be exhaustive, but rather • Federal eRulemaking Portal: http://
CropScience Biologics GmbH, submitted provides a guide to help readers www.regulations.gov. Follow the online
a petition to EPA under the Federal determine whether this document instructions for submitting comments.
Food, Drug, and Cosmetic Act (FFDCA), applies to them. Potentially affected Do not submit electronically any
requesting establishment of an entities may include: information you consider to be CBI or
exemption from the requirement of a
• Crop production (NAICS code 111). other information whose disclosure is
sradovich on DSK3GMQ082PROD with RULES
tolerance. This regulation eliminates the restricted by statute.
• Animal production (NAICS code
need to establish a maximum • Mail: OPP Docket, Environmental
permissible level for residues of 112).
Protection Agency Docket Center (EPA/
titanium dioxide resulting from this use. • Food manufacturing (NAICS code DC), (28221T), 1200 Pennsylvania Ave.
DATES: This regulation is effective 311). NW, Washington, DC 20460–0001.
August 1, 2018. Objections and requests • Pesticide manufacturing (NAICS • Hand Delivery: To make special
for hearings must be received on or code 32532). arrangements for hand delivery or
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Document Created: 2018-08-01 01:23:36
Document Modified: 2018-08-01 01:23:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on August 31, 2018. | |
| Contact | Alison C. Simcox, Air Quality Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, tel. (617) 918-1684; [email protected] | |
| FR Citation | 83 FR 37437 | |
| CFR Associated | Environmental 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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