83 FR 58188 - Air Plan Approval; Connecticut; Volatile Organic Compound Emissions From Consumer Products and Architectural and Industrial Maintenance Coatings
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 223 (November 19, 2018)
Federal Register Volume 83, Issue 223 (November 19, 2018)
| Page Range | 58188-58190 | |
| FR Document | 2018-24895 |
[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)] [Rules and Regulations] [Pages 58188-58190] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24895] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2018-0099; A-1-FRL-9983-32-Region 1] Air Plan Approval; Connecticut; Volatile Organic Compound Emissions From Consumer Products and Architectural and Industrial Maintenance Coatings 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 State of Connecticut. The SIP revision amends requirements for controlling volatile organic compound (VOC) emissions from consumer products and architectural and industrial maintenance (AIM) coatings by revising Regulations of Connecticut State Agencies (RCSA) sections 22a-174-40, 22a-174-41, and adding section 22a-174-41a. The intended effect of this action is to approve these regulations into the Connecticut SIP. This action is being taken in accordance with the Clean Air Act (CAA). DATES: Written comments must be received on or before December 19, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2018-0099. All documents in the docket are listed on the 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 www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1, 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: David L. Mackintosh, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, tel. 617-918-1584, 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. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On June 4, 2018 (83 FR 25615), EPA issued a notice of proposed rulemaking (NPR) for the State of Connecticut. In the NPR, EPA proposed approval of SIP revisions submitted by the Connecticut Department of Energy and Environmental Protection (CT DEEP) on October 18, 2017. The SIP submittal included revised sections 22a-174-40 ``Consumer Products'' and 22a-174-41 ``Architectural and Industrial Maintenance Products--Phase 1'' and adds new section 22a-174-41a [[Page 58189]] ``Architectural and Industrial Maintenance Products--Phase 2.'' The NPR provides the rationale for EPA's proposed approval, which will not be restated here. II. Response to Comments EPA received three anonymous comments in response to the notice of proposed rulemaking. The comments address subjects outside the scope of the proposed 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. Therefore, the comments are not germane and EPA provides no further response. III. Final Action EPA is approving the October 18, 2017, CT DEEP SIP submittal consisting of revised section 22a-174-40 ``Consumer Products'' and 22a- 174-41 ``Architectural and Industrial Maintenance Products--Phase 1'' and new section 22a-174-41a ``Architectural and Industrial Maintenance Products--Phase 2,'' all of which became effective in the State of Connecticut on October 5, 2017. 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 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 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. See 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 January 18, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 1, 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 paragraph (c)(119) to read as follows: Sec. 52.370 Identification of plan. * * * * * (c) * * * (119) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on October 18, 2017. (i) Incorporation by reference. (A) Regulations of Connecticut State Agencies Section 22a-174-40, entitled ``Consumer Products,'' effective Oct 5, 2017. (B) Regulations of Connecticut State Agencies Section 22a-174-41, entitled ``Architectural and Industrial Maintenance Products--Phase 1,'' effective Oct 5, 2017. [[Page 58190]] (C) Regulations of Connecticut State Agencies Section 22a-174-41a, entitled ``Architectural and Industrial Maintenance Products--Phase 2,'' effective Oct 5, 2017. 0 3. Section 52.385, Table 52.385 is amended by: 0 a. Revising entries for ``22a-174-40'' and ``22a-174-41'' and 0 b. Adding the entry ``22a-174-41a'' after the entry ``22a-174-41''' The revisions and addition 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-174-40................ Consumer Products.... 10/5/2017 11/19/2018 [Insert Federal (c)(119). ......................... Register citation]. 22a-174-41................ Architectural and 10/5/2017 11/19/2018 [Insert Federal (c)(119). ......................... Industrial Register citation]. Maintenance Products--Phase 1. 22a-174-41a............... Architectural and 10/5/2017 11/19/2018 [Insert Federal (c)(119). ......................... Industrial Register citation]. Maintenance Products--Phase 2. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-24895 Filed 11-16-18; 8:45 am] BILLING CODE 6560-50-P
![58188 Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Rules and Regulations
category of actions that do not G. Protest Activities For the reasons discussed in the
individually or cumulatively have a preamble, the Coast Guard amends 33
significant effect on the human The Coast Guard respects the First CFR part 165 as follows:
environment. This rule involves a safety Amendment rights of protesters.
zone that will only be enforced for a Protesters are asked to contact the PART 165—REGULATED NAVIGATION
short duration and excludes vessels person listed in the FOR FURTHER AREAS AND LIMITED ACCESS AREAS
from entry into or remaining within a INFORMATION CONTACT section to
coordinate protest activities so that your ■ 1. The authority citation for part 165
specified area on the Delaware River. It continues to read as follows:
is categorically excluded from further message can be received without
jeopardizing the safety or security of Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
review under paragraph L60(a) of 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Appendix A, Table 1 of DHS Instruction people, places or vessels.
Department of Homeland Security Delegation
Manual 023–01–001–01, Rev. 01. A List of Subjects in 33 CFR Part 165 No. 0170.1.
Record of Environmental Consideration ■ 2. In § 165.506, revise entry (a)16 in
supporting this determination is Harbors, Marine safety, Navigation
the table to § 165.506 to read as follows:
available in the docket where indicated (water), Reporting and recordkeeping
under ADDRESSES. requirements, Security measures, § 165.506 Safety Zones; Fireworks
Waterways. Displays in the Fifth Coast Guard District.
* * * * *
TABLE TO § 165.506
(a) Coast Guard Sector Delaware Bay—COTP Zone
* * * * * * *
16 January 1st–December 31st: Any day specified by Penn’s Landing, Delaware All waters of Delaware River, adjacent to Penn’s Land-
Notice of Enforcement published in the Federal Reg- River, Philadelphia PA; ing, Philadelphia, PA, within 500 yards of a fireworks
ister and broadcast via Broadcast Notice to Mariners. Safety Zone. barge at approximate position latitude 39°56′49″ N,
longitude 075°08′11″ W.
* * * * * * *
Dated: November 13, 2018, sections 22a–174–40, 22a–174–41, and Monday through Friday, 8:30 a.m. to
Scott E. Anderson, adding section 22a–174–41a. The 4:30 p.m., excluding legal holidays.
Captain, U.S. Coast Guard, Captain of the intended effect of this action is to FOR FURTHER INFORMATION CONTACT:
Port Delaware Bay. approve these regulations into the David L. Mackintosh, Air Quality
[FR Doc. 2018–25129 Filed 11–16–18; 8:45 am] Connecticut SIP. This action is being Planning Unit, U.S. Environmental
BILLING CODE 9110–04–P taken in accordance with the Clean Air Protection Agency, EPA Region 1, 5 Post
Act (CAA). Office Square—Suite 100, (Mail code
DATES: Written comments must be OEP05–2), Boston, MA 02109–3912, tel.
ENVIRONMENTAL PROTECTION received on or before December 19, 617–918–1584, email
AGENCY 2018. Mackintosh.David@epa.gov.
ADDRESSES: EPA has established a SUPPLEMENTARY INFORMATION:
40 CFR Part 52 Throughout this document whenever
docket for this action under Docket
[EPA–R01–OAR–2018–0099; A–1–FRL– Identification No. EPA–R01–OAR– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
9983–32–Region 1] 2018–0099. All documents in the docket EPA.
are listed on the www.regulations.gov Table of Contents
Air Plan Approval; Connecticut; website. Although listed in the index,
Volatile Organic Compound Emissions I. Background and Purpose
some information is not publicly
From Consumer Products and II. Response to Comments
available, i.e., CBI or other information III. Final Action
Architectural and Industrial whose disclosure is restricted by statute.
Maintenance Coatings IV. Incorporation by Reference
Certain other material, such as V. Statutory and Executive Order Reviews
AGENCY: Environmental Protection copyrighted material, is not placed on
the internet and will be publicly I. Background and Purpose
Agency (EPA).
ACTION: Final rule. available only in hard copy form. On June 4, 2018 (83 FR 25615), EPA
Publicly available docket materials are issued a notice of proposed rulemaking
SUMMARY: The Environmental Protection available at www.regulations.gov or at (NPR) for the State of Connecticut. In
Agency (EPA) is approving a State the U.S. Environmental Protection the NPR, EPA proposed approval of SIP
Implementation Plan (SIP) revision Agency, EPA Region 1, Office of revisions submitted by the Connecticut
submitted by the State of Connecticut. Ecosystem Protection, Air Quality Department of Energy and
khammond on DSK30JT082PROD with RULES
The SIP revision amends requirements Planning Unit, 5 Post Office Square— Environmental Protection (CT DEEP) on
for controlling volatile organic Suite 100, Boston, MA. EPA requests October 18, 2017. The SIP submittal
compound (VOC) emissions from that if at all possible, you contact the included revised sections 22a–174–40
consumer products and architectural contact listed in the FOR FURTHER ‘‘Consumer Products’’ and 22a–174–41
and industrial maintenance (AIM) INFORMATION CONTACT section to ‘‘Architectural and Industrial
coatings by revising Regulations of schedule your inspection. The Regional Maintenance Products—Phase 1’’ and
Connecticut State Agencies (RCSA) Office’s official hours of business are adds new section 22a–174–41a
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(C) Regulations of Connecticut State ■ 3. Section 52.385, Table 52.385 is The revisions and addition read as
Agencies Section 22a–174–41a, entitled amended by: follows:
‘‘Architectural and Industrial ■ a. Revising entries for ‘‘22a–174–40’’
and ‘‘22a–174–41’’ and § 52.385 EPA-Approved Connecticut
Maintenance Products—Phase 2,’’
■ b. Adding the entry ‘‘22a–174–41a’’ Regulations
effective Oct 5, 2017.
after the entry ‘‘22a–174–41’’’ * * * * *
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut Federal Register Section Comments/
State Title/subject Date adopted Date approved citation 52.370 description
citation by State by EPA
* * * * * * *
22a–174–40 ...... Consumer Products ............ 10/5/2017 11/19/2018 [Insert Federal Register ci- (c)(119).
tation].
22a–174–41 ...... Architectural and Industrial 10/5/2017 11/19/2018 [Insert Federal Register ci- (c)(119).
Maintenance Products— tation].
Phase 1.
22a–174–41a .... Architectural and Industrial 10/5/2017 11/19/2018 [Insert Federal Register ci- (c)(119).
Maintenance Products— tation].
Phase 2.
* * * * * * *
[FR Doc. 2018–24895 Filed 11–16–18; 8:45 am]
BILLING CODE 6560–50–P
khammond on DSK30JT082PROD with RULES
VerDate Sep<11>2014 15:51 Nov 16, 2018 Jkt 247001 PO 00000 Frm 00016 Fmt 4700 Sfmt 9990 E:\FR\FM\19NOR1.SGM 19NOR1](https://thefederalregister.org/doc/83_FR_58411/page/3.svg)
Document Created: 2018-11-17 02:47:04
Document Modified: 2018-11-17 02:47:04
| 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 | Written comments must be received on or before December 19, 2018. | |
| Contact | David L. Mackintosh, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, tel. 617-918-1584, email [email protected] | |
| FR Citation | 83 FR 58188 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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