[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67642-67645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27900]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0546; A-1-FRL-9933-89-Region 1]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Volatile Organic Compound Emissions From Large Aboveground 
Storage Tanks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of 
Connecticut. The revision amends Regulations of Connecticut State 
Agencies (RCSA) section 22a-174-20 to update the requirements for 
controlling volatile organic compound (VOC) emissions from large 
aboveground storage tanks. 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: This direct final rule will be effective January 4, 2016, unless 
EPA receives adverse comments by December 3, 2015. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Submit your comments identified by Docket ID Number EPA-R01-
OAR-2015-0546, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0584.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2015-0546,'' 
David Mackintosh, Air Quality Planning Unit, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), 
Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912. Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays.
    Instructions: Direct your comments to Docket ID Number EPA-R01-OAR-
2015-0546. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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

[[Page 67643]]

form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, 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.
    In addition, copies of the state's submittal are available for 
public inspection during normal business hours, by appointment at the 
state environmental agency: 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. The following outline is 
provided to aid in locating information in this preamble.

I. What action is EPA taking?
II. What is the background for this action?
III. What is included in the submittal?
IV. EPA's Evaluation of the Submittal
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving a SIP revision submitted by the State of 
Connecticut on April 8, 2014, concerning updates to requirements for 
controlling VOC emissions from large aboveground storage tanks. The 
Connecticut requirements, set out in RCSA section 22a-174-20, ``Control 
of organic compound emissions,'' subsections (a), (b), (c) and (x), 
were revised to be consistent with the Ozone Transport Commission (OTC) 
model rule for large aboveground VOC storage tanks.

II. What is the background for this action?

    EPA last approved RCSA section 22a-174-20, ``Control of organic 
compound emissions,'' subsections that addresses large aboveground 
storage tanks into the Connecticut SIP on October 18, 1991 (56 FR 
52205).
    On June 3, 2010, Connecticut signed an OTC Memorandum of 
Understanding (MOU) committing the state to the evaluation and adoption 
of an OTC model rule designed to reduce VOC emissions from large 
aboveground storage tanks.
    On March 5, 2014, Connecticut revised RCSA section 22a-174-20 
subsections (a), (b), (c) and (x) to update VOC emission control 
requirements from large aboveground storage tanks. On April 8, 2014, 
the Connecticut Department of Energy and Environmental Protection 
(DEEP), submitted the newly adopted subsections to EPA as a SIP 
revision.

III. What is included in the submittal?

    Connecticut's April 8, 2014 SIP submittal includes revised RCSA 
section 22a-174-20, ``Control of organic compound emissions.'' 
Specifically, the following subsections of Connecticut's existing 
regulation were revised:
    1. Subsection (a), ``Storage of volatile organic compounds and 
restrictions for the Reid vapor pressure of gasoline;''
    2. subsection (b), ``Loading of gasoline and other volatile organic 
compounds,'' subdivisions (1) through (4) and (17);
    3. subsection (c), ``Volatile organic compound and water 
separation;'' and
    4. subsection (x), ``Control of Volatile Organic Compound Leaks 
from Synthetic Organic Chemical & Polymer Manufacturing Equipment,'' 
subdivision (12).

IV. EPA's Evaluation of the Submittal

    RCSA section 22a-174-20, ``Control of organic compound emissions,'' 
subsections (a), (b), (c) and (x) have been revised to incorporate the 
OTC model rules for large aboveground VOC storage tanks. Specifically, 
Connecticut adopted the following substantive changes:
    1. Remove the option to use an un-domed floating roof tank to store 
VOCs, clarify inspection requirements, and add requirements for roof 
landing events, degassing, and cleaning operations in subsection (a);
    2. Revise the storage and transfer of VOCs to include a lower vapor 
pressure floor for determining applicability and the vapor pressure is 
simplified by basing it on absolute vapor pressure rather than actual 
vapor pressure in subsections (a) and (b);
    3. Add a requirement for the timely repair of leaks throughout the 
VOC storage and transfer facility as subdivision (b)(17);
    4. Revise the floating roof requirements for volatile organic 
compound and water separators to be consistent with the floating roof 
requirements for storage tanks in subsection (c) and;
    5. Revise the tank control provisions for synthetic organic 
chemical and polymer manufacturing equipment to require retesting 
within two days of repairs in subdivision (x)(12).
    Connecticut's revised RCSA section 22a-174-20 includes additional 
and more stringent VOC emission controls than the previous SIP-approved 
version of the rule, and are generally consistent with the 
recommendations made within the OTC's model rule. Thus, the revised 
RCSA section 22a-174-20 satisfies the anti-back sliding requirements in 
Section 110(l) of the CAA and we are approving Connecticut's revised 
rule into the Connecticut SIP.

V. Final Action

    EPA is approving and incorporating into the Connecticut SIP the 
following revisions of RCSA section 22a-174-20, ``Control of organic 
compound emissions,'' to update the control of emissions from large 
aboveground storage tanks:
    (1) the amendment of subsection (a);
    (2) the withdrawal of subdivision (b)(1);
    (3) the amendment of subdivisions (b)(2), (b)(3) and (b)(4);
    (4) the addition of subdivision (b)(17);
    (5) the amendment of subsection (c); and
    (6) the amendment of subdivision (x)(12).
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve this SIP revision should 
relevant adverse comments be filed. This rule will be effective January 
4, 2016 without further notice unless the Agency receives relevant 
adverse comments by December 3, 2015.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on January 4, 2016 and no further action will be 
taken on the proposed rule.

[[Page 67644]]

Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

VI. 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 
Regulations of Connecticut State Agencies 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 electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

VII. 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, 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 4, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action.
    Parties with objections to this direct final rule are encouraged to 
file a comment in response to the parallel notice of proposed 
rulemaking for this action published in the proposed rules section of 
today's Federal Register, rather than file an immediate petition for 
judicial review of this direct final rule, so that EPA can withdraw 
this direct final rule and address the comment in the proposed 
rulemaking. 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 27, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart H--Connecticut

0
2. Section 52.370 is amended by adding paragraph (c)(110) to read as 
follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (110) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on April 
8, 2014.
    (i) Incorporation by reference.
    (A) Regulations of Connecticut State Agencies, revisions to Section 
22a-174-20(a), as published in the Connecticut Law Journal on May 6, 
2014, effective March 7, 2014:
    (1) 22a-174-20(a);
    (2) 22a-174-20(b)(2), (b)(3), (b)(4), and (b)(17);
    (3) 22a-174-20(c); and
    (4) 22a-174-20(x)(12).
    (B) Regulations of Connecticut State Agencies, Subsection (b)(1) of 
Section 22a-174-20 is removed without replacement, as published in the 
Connecticut Law Journal on May 6, 2014, effective March 7, 2014.

0
3. In Sec.  52.385, Table 52.385 is amended by adding a new entry to an 
existing state citation for 22a-174-20 to read as follows:


Sec.  52.385--EPA-approved  Connecticut regulations.

* * * * *

[[Page 67645]]



                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Dates
                                                   ----------------------------------    Federal Register
 Connecticut state citation      Title/subject      Date adopted by   Date approved          citation         Section 52.370     Comments/description
                                                         State            by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
22a-174-20.................  Control of organic             3/5/14          11/3/15   [Insert Federal              (c)(110)   Large aboveground storage
                              compound emissions.                                      Register citation].                     tanks updates: amend (a);
                                                                                                                               withdraw (b)(1); amend
                                                                                                                               (b)(2), (b)(3) and
                                                                                                                               (b)(4); add (b)(17);
                                                                                                                               amend (c) and (x)(12).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-27900 Filed 11-2-15; 8:45 am]
 BILLING CODE 6560-50-P