[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Rules and Regulations]
[Pages 32873-32876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13220]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0460; A-1-FRL-9904-73-Region-1]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Reasonably Available Control Technology Update To Address
Control Techniques Guidelines Issued in 2006, 2007, and 2008
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of
Connecticut. The revisions establish Reasonably Available Control
Technology (RACT) for several categories of volatile organic compound
(VOC) air emission sources. The intended effect of this action is to
approve these requirements into the Connecticut SIP. This action is
being taken in accordance with the Clean Air Act (CAA).
DATES: This rule is effective on July 9, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2010-0460. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, 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 to
4:30, excluding legal holidays.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the Bureau of Air Management, Department of Energy and Environmental
Protection, State Office Building, 79 Elm Street, Hartford, CT 06106-
1630.
FOR FURTHER INFORMATION CONTACT: David Mackintosh, Air Quality Planning
Unit, U.S. Environmental Protection Agency, New England Regional
Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston,
MA 02109-3912, telephone 617-918-1584, facsimile 617-918-0584, email
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document: The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Connecticut's Reasonably Available Control Technology Updates
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 24, 2013 (78 FR 31459), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Connecticut. In that action, EPA
proposed approval of Connecticut's revisions to Section 22a-174-20
``Control of Organic Compound Emissions'' and Connecticut's newly
adopted Section 22a-174-40 ``Consumer Products'' and Section 22a-174-44
``Adhesives and Sealants.'' These regulations address RACT for the VOC
source categories covered by Control Technique Guidelines (CTGs) issued
by EPA in 2006, 2007, and 2008 \1\ and include requirements to reduce
VOC emissions from consumer products based on the 2006 Ozone Transport
Commission (OTC) model rule. EPA also proposed approval of the negative
declarations for the CTGs for which Connecticut determined no
applicable sources exist in the State of Connecticut.
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\1\ EPA's CTGs are posted at http://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html.
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II. Connecticut's Reasonably Available Control Technology Updates
On February 1, 2008, Connecticut submitted its consumer products
regulation to EPA as part of its 8-hour Ozone Attainment Demonstration
SIP revision. Then, on November 18, 2008, Connecticut submitted its
adhesives and sealants regulation as part of its Annual Fine
Particulate Matter (PM2.5) Attainment Demonstration SIP
revision. On April 29, 2010, Connecticut submitted a SIP revision that
addressed eight CTGs: Flexible package printing; industrial cleaning
solvents; large appliance coatings; metal furniture coatings;
miscellaneous industrial adhesives; offset lithographic printing and
letterpress printing; and paper, film and foil coatings. At that time,
Connecticut also submitted negative declarations for three CTGs:
Automobile and light-duty truck assembly coating; fiberglass boat
manufacturing; and flat wood paneling coating. On November 21, 2012,
Connecticut submitted a SIP revision that addressed the CTG for
miscellaneous metal and plastic parts coatings. Lastly, in letters
dated March 13, 2013 and April 3, 2013, Connecticut withdrew a number
of provisions from
[[Page 32874]]
the April 29, 2010 and February 1, 2008 SIP submittals, respectively.
EPA has reviewed Connecticut's new and revised VOC regulations and
found that they are consistent with the relevant CTGs and OTC
recommendations. In addition, Connecticut's process for determining the
categories for which the state should make negative declarations was
reasonable. Therefore, EPA concludes that Connecticut has met the CAA
requirement to adopt RACT for all the 2006, 2007, and 2008 CTGs.
III. Final Action
EPA is approving, and incorporating into the SIP, the following
changes to Connecticut's Section 22a-174-20 ``Control of organic
compound emissions'' as meeting RACT for the relevant CTG categories:
Revised subsection (p) Metal furniture coatings; revised subsection (q)
Paper, film, and foil coatings; revised subsection (s) Miscellaneous
metal and plastic parts coatings; new subsection (ff) Flexible package
printing; new subsection (gg) Offset lithographic printing and
letterpress printing; new subsection (hh) Large appliance coatings; new
subsection (ii) Industrial solvent cleaning; new subsection (jj) Spray
application equipment cleaning; and new subsection (kk) Pleasure craft
coatings.
Additionally, EPA is approving, and incorporating into the SIP,
Connecticut's new Section 22a-174-40 ``Consumer Products,'' consistent
with the OTC's recommendations, and Connecticut's new Section 22a-174-
44 ``Adhesives and Sealants'' as meeting RACT.
EPA is taking no action on the portions of sections 22a-174-
20(ff)(1)(K), (ff)(5)(B)(vi), (gg)(1)(O), (gg)(7)(B)(Vi), (hh)(1)(CC),
(hh)(7)(B)(vi), (ii)(1)(I), (ii)(6)(B)(vi), (jj)(1)(H), (jj)(3)(D), and
(jj)(6)(B)(vii) which Connecticut withdrew from its April 29, 2010 SIP
submittal. Likewise, EPA is taking no action on the portions of
Sections 22a-174-40(c)(4) through (7) and 22a-174-40(f)(2)(C) through
(D), which Connecticut withdrew from its February 1, 2008 SIP
submittal.
EPA is also approving, and incorporating into the SIP, minor
revisions to the following subsections of Connecticut's Section 22a-
174-20: (f)(9); (l)(1) and (2); (aa)(1); (cc)(2) and (3); and
subsection (ee) Reasonably available control technology for large
sources. EPA is also approving Connecticut's request to withdraw
subsection (g) Architectural coatings of Section 22a-174-20 from the
SIP. Lastly, EPA is approving Connecticut's negative declarations for
three source categories: Flat wood paneling coating; fiberglass and
boat manufacturing; and automobile and light-duty truck assembly
coating. Connecticut has, therefore, met the CAA requirement to adopt
RACT for all of the 2006, 2007, and 2008 CTGs.
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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 August 8, 2014. 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, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: November 12, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Editorial note: This document was received for publication by
the Office of the Federal Register on June 3, 2014.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
[[Page 32875]]
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)(102) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(102) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on November 18,
2008, April 29, 2010, and November 21, 2012.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-20, as published in the Connecticut Law Journal on May 18, 2010,
effective April 6, 2010:
(1) The amendment of subdivision (f)(9);
(2) The withdrawal of subsection (g);
(3) The amendment of subdivisions (l)(1) and (l)(2);
(4) The amendment of subsections (p) Metal furniture coatings, (q)
Paper, film, and foil coating;
(5) The amendment of subparagraph (s)(2)(B);
(6) The amendment of subsection (ee) Reasonably available control
technology for large sources;
(7) The addition of subsection (ff) Flexible package printing, with
the exception of the phrases ``or other method approved by the
commissioner'' in subparagraph (ff)(1)(K) and ``or alternative method
as approved by the commissioner'' in clause (ff)(5)(B)(vi);
(8) The addition of subsection (gg) Offset lithographic printing
and letterpress printing, with the exception of the phrases ``or other
method approved by the commissioner'' in subparagraph (gg)(1)(O) and
``or alternative method as approved by the commissioner'' in clause
(gg)(7)(B)(vi);
(9) The addition of subsection (hh) Large appliance coatings, with
the exception of the phrases ``or other method approved by the
commissioner'' in subparagraph (hh)(1)(CC) and ``or alternative method
as approved by the commissioner'' in clause (hh)(7)(B)(vi);
(10) The addition of (ii) Industrial solvent cleaning, with the
exception of the phrases ``or other method approved by the
commissioner'' in subparagraph (ii)(1)(I) and ``or alternative method
as approved by the commissioner'' in clause (ii)(6)(B)(vi); and
(11) The addition of (jj) Spray application equipment cleaning,
with the exception of the phrase ``or other method approved by the
commissioner'' in subparagraph (jj)(1)(H), the exception of
subparagraph (jj)(3)(D), and the exception of the phrase ``or
alternative method as approved by the commissioner'' in clause
(JJ)(6)(B)(vii).
(B) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-20, as published in the Connecticut Law Journal on December 4,
2012, effective October 31, 2012:
(1) The amendment of subsection(s) Miscellaneous metal parts and
products;
(2) The amendment of subdivisions (aa)(1), (cc)(2), and (cc)(3);
(3) The amendment of subparagraph (ii)(3)(A); and
(4) The addition of subdivision (kk) Pleasure craft coatings.
(C) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-40 entitled ``Consumer Products,'' with the exception of
subdivisions (4) through (7) in subsection (c) and the exception of
subparagraphs (C) and (D) in subdivision (f)(2), effective July 26,
2007.
(D) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-44, entitled ``Adhesives and Sealants,'' effective October 3, 2008.
0
3. Section 52.375 is amended by adding paragraph (g) to read as
follows:
Sec. 52.375 Certification of no sources.
* * * * *
(g) In its April 29, 2010 submittal to EPA pertaining to reasonably
available control technology requirements for the 1997 8-hour ozone
standard, the State of Connecticut certified to the satisfaction of EPA
that no sources are located in the state that are covered by the
following Control Technique Guidelines:
(1) Flat wood paneling coating;
(2) Fiberglass boat manufacturing; and
(3) Automobile and light duty truck assembly coating.
0
4. In Sec. 52.385, Table 52.385 is amended by:
0
a. Adding two new entries for existing state citation ``22-174-20'' in
order of ``Date adopted by State''; and
0
b. Adding two new state citations ``22a-174-40'' and ``22a-174-44'' in
order of ``Connecticut State citation''.
The added text reads as follows:
Sec. 52.385 EPA-approved Connecticut regulations.
* * * * *
[[Page 32876]]
Table 52.385--EPA-Approved Regulations
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Dates
Connecticut State -------------------------------- Federal Register
citation Title/subject Date adopted Date approved citation Section 52.370 Comments/description
by State by EPA
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* * * * * * *
22a-174-20............... Control of organic
compound emissions.
* * * * * * *
04/06/10 6/9/14 [Insert Federal Register (c)(102) Amendment of subdivision
page number where the (f)(9), withdrawal of
document begins]. subsection (g),
amendment of
subdivisions (l)(1) and
(l)(2), amendment of
subsections (p) Metal
furniture coatings, (q)
Paper, film, and foil
coating, amendment of
subparagraph (s)(2)(B),
amendment of subsection
(ee) Reasonably
available control
technology for large
sources, addition of
subsection (ff) Flexible
package printing, with
the exception of the
phrases ``or other
method approved by the
commissioner'' in
subparagraph (ff)(1)(K)
and ``or alternative
method as approved by
the commissioner'' in
clause (ff)(5)(B)(vi),
addition of subsection
(gg) Offset lithographic
printing and letterpress
printing, with the
exception of the phrases
``or other method
approved by the
commissioner'' in
subparagraph (gg)(1)(O)
and ``or alternative
method as approved by
the commissioner'' in
clause (gg)(7)(B)(vi),
addition of subsection
(hh) Large appliance
coatings, with the
exception of the phrases
``or other method
approved by the
commissioner'' in
subparagraph (hh)(1)(CC)
and ``or alternative
method as approved by
the commissioner'' in
clause (hh)(7)(B)(vi),
addition of (ii)
Industrial solvent
cleaning, with the
exception of the phrases
``or other method
approved by the
commissioner'' in
subparagraph (ii)(1)(I)
and ``or alternative
method as approved by
the commissioner'' in
clause (ii)(6)(B)(vi)
and addition of (jj)
Spray application
equipment cleaning, with
the exception of the
phrases ``or other
method approved by the
commissioner'' in
subparagraph (jj)(1)(H),
with the exception of
subparagraph (jj)(3)(D),
and with the exception
of the phrase ``or
alternative method as
approved by the
commissioner'' in clause
(JJ)(6)(B)(vii).
22a-174-20............... Control of organic 10/31/12 6/9/14 [Insert Federal Register (c)(103) Amendment of subsection
compound emissions. page number where the (s) Miscellaneous metal
document begins]. parts and products,
amendment of
subdivisions (aa)(1),
(cc)(2), and (cc)(3),
amendment of
subparagraph (ii)(3)(A);
and addition of
subdivision (kk)
Pleasure craft coatings.
* * * * * * *
22a-174-40............... Consumer Products....... 7/26/07 6/9/14 [Insert Federal Register (c)(103) All of Section 22a-174-40
page number where the is approved, with the
document begins]. exception of
subdivisions (4) through
(7) in subsection (c)
and subparagraphs (C)
and (D) in subdivision
(f)(2), which CT
withdrew from its SIP
submittal.
* * * * * * *
22a-174-44............... Adhesives and Sealants.. 10/03/08 6/9/14 [Insert Federal Register (c)(103) .........................
page number where the
document begins].
* * * * * * *
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[FR Doc. 2014-13220 Filed 6-6-14; 8:45 am]
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