[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35636-35641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12375]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0198; FRL-9940-14-Region 1]


Approval and Promulgation of Implementation Plans; Connecticut; 
Infrastructure Requirements for Lead, Ozone, Nitrogen Dioxide, Sulfur 
Dioxide, and Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) submissions from 
Connecticut regarding the infrastructure requirements of the Clean Air 
Act (CAA or Act) for the 2008 lead, 2008 ozone, 2010 nitrogen dioxide, 
and 2010 sulfur dioxide National Ambient Air Quality Standards (NAAQS). 
EPA is also converting conditional approvals for several infrastructure 
requirements for the 1997 ozone NAAQS and for the 1997 and 2006 fine 
particle (PM2.5) NAAQS to full approval under the CAA. 
Furthermore, we are conditionally approving elements of Connecticut's 
infrastructure requirements of the CAA regarding prevention of 
significant deterioration requirements to treat nitrogen oxides as a 
precursor to ozone and to establish a minor source baseline date for 
PM2.5 emissions. Lastly, EPA is approving three statutes 
submitted by Connecticut in support of its demonstration that the 
infrastructure requirements of the CAA have been met. 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.

DATES: This rule is effective on July 5, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2015-0198. All documents in the docket 
are listed on the http://www.regulations.gov Web site, although some 
information, such as confidential business information or other 
information whose disclosure is restricted by statute is not publically 
available. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional

[[Page 35637]]

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. Copies of the documents relevant to 
this action are also available for public inspection during normal 
business hours, by appointment at: Bureau of Air Management, Department 
of Energy and Environmental Protection, State Office Building, 79 Elm 
Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Environmental 
Scientist, Air Quality Planning Unit, Air Programs Branch (Mail Code 
OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post 
Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-
1684; [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. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses submissions from the Connecticut 
Department of Energy and Environmental Protection (CT DEEP). The state 
submitted its infrastructure SIP for each NAAQS on the following dates: 
2008 Pb--October 13, 2011; 2008 ozone--December 28, 2012; 2010 
NO2--January 2, 2013; and 2010 SO2--May 30, 2013. 
This rulemaking also addresses certain infrastructure SIP elements for 
the 1997 and 2006 PM2.5 NAAQS for which EPA previously 
issued a conditional approval. See 77 FR 63228 (October 16, 2012). The 
state submitted these infrastructure SIPs on September 4, 2008, and 
September 18, 2009, respectively. Lastly, this rulemaking addresses one 
infrastructure SIP element for the 1997 8-hour ozone NAAQS for which 
EPA previously issued a conditional approval. See 76 FR 40248 (July 8, 
2011). The state submitted this infrastructure SIP on December 28, 
2007.
    EPA did not receive any comments, adverse or otherwise, in response 
to the Notice of Proposed Rulemaking (NPR). See 80 FR 54471 (September 
10, 2015).

II. Final Action

    EPA is approving SIP submissions from Connecticut certifying that 
the state's current SIP is sufficient to meet the required 
infrastructure elements under sections 110(a)(1) and 110(a)(2) for the 
2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 
NAAQS, with the exception of certain aspects relating to PSD which we 
are conditionally approving. A summary of EPA's actions regarding these 
infrastructure SIP requirements is contained in Table 1 below.

                   Table 1--Action Taken on CT Infrastructure SIP Submittals for Listed NAAQS
----------------------------------------------------------------------------------------------------------------
                   Element                        2008 Pb         2008 Ozone        2010 NO2         2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control                     A                A                A                A
 measures...................................
(B): Ambient air quality monitoring and data               A                A                A                A
 system.....................................
(C)(i): Enforcement of SIP measures.........               A                A                A                A
(C)(ii): PSD program for major sources and               A *              A *              A *              A *
 major modifications........................
(C)(iii): Permitting program for minor                     A                A                A                A
 sources and minor modifications............
(D)(i)(I): Contribute to nonattainment/                    A        No action                A        No action
 interfere with maintenance of NAAQS (prongs
 1 and 2)...................................
(D)(i)(II): PSD (prong 3)...................             A *              A *              A *              A *
(D)(i)(II): Visibility Protection (prong 4).               A                A                A                A
(D)(ii): Interstate Pollution Abatement.....               A                A                A                A
(D)(ii): International Pollution Abatement..               A                A                A                A
(E)(i): Adequate resources..................               A                A                A                A
(E)(ii): State boards.......................               A                A                A                A
(E)(iii): Necessary assurances with respect               NA               NA               NA               NA
 to local agencies..........................
(F): Stationary source monitoring system....               A                A                A                A
(G): Emergency power........................               A                A                A                A
(H): Future SIP revisions...................               A                A                A                A
(I): Nonattainment area plan or plan                       +                +                +                +
 revisions under part D.....................
(J)(i): Consultation with government                       A                A                A                A
 officials..................................
(J)(ii): Public notification................               A                A                A                A
(J)(iii): PSD...............................             A *              A *              A *              A *
(J)(iv): Visibility protection..............               +                +                +                +
(K): Air quality modeling and data..........               A                A                A                A
(L): Permitting fees........................               A                A                A                A
(M): Consultation and participation by                     A                A                A                A
 affected local entities....................
----------------------------------------------------------------------------------------------------------------

    In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A.................................  Approve
A *...............................  Approve, but conditionally approve
                                     aspect relating to NOX as a
                                     precursor to ozone and minor source
                                     baseline date for PM2.5 under the
                                     PSD program.
+.................................  Not germane to infrastructure SIPs.
No action.........................  EPA is taking no action on this
                                     infrastructure requirement.
NA................................  Not applicable.
------------------------------------------------------------------------


[[Page 35638]]

    With respect to the 1997 and 2006 PM2.5 NAAQS, EPA is 
approving Connecticut's infrastructure SIP submittal requirements 
pertaining to Elements 110(a)(2)A, D(ii) (interstate pollution 
abatement), and E(ii) (state boards) for which a conditional approval 
was previously issued. See 77 FR 63228, October 16, 2012. Also with 
respect to the 1997 and 2006 PM2.5 NAAQS, EPA is newly 
conditionally approving Connecticut's submittals pertaining to Elements 
110(a)(2)C(ii), D(i)(II), and J(iii) for the requirements to treat 
NOX as a precursor to ozone and to establish a minor source 
baseline date for PM2.5 in the PSD program.
    With respect to the 1997 8-hour ozone NAAQS, EPA is approving 
Connecticut's infrastructure SIP submittal requirements pertaining to 
Element 110(a)(2)(D)(ii) (interstate pollution abatement) for which a 
conditional approval was previously issued. See 77 FR 63228, October 
16, 2012.
    In addition, we are incorporating into the Connecticut SIP the 
following Connecticut statutes which were included for approval in 
Connecticut's infrastructure SIP submittals:

Connecticut General Statutes (CGS) Section 1-85 (Formerly Sec. 1-68) 
``Interest in conflict with discharge of duties,'' as published in the 
General Statutes of Connecticut revised to January 1, 2015; amended in 
Public Act 89-97 in January 1989, effective October 1, 1989;
CGS Section 22a-171 (Formerly Sec. 19-507) ``Duties of Commissioner of 
Energy and Environmental Protection,'' as published in the General 
Statutes of Connecticut revised to January 1, 2013; amended in Public 
Act 84-546 in 1984, effective October 1, 1984;
CGS Section 16a-21a ``Sulfur content of home heating oil and off-road 
diesel fuel. Suspension of requirements for emergency,'' as published 
in the General Statutes of Connecticut revised to January 1, 2013, 
effective July 1, 2011.

    As noted in Table 1, EPA is conditionally approving Connecticut's 
commitment for sub-element sections 110(a)(2)(C)(ii), (D)(i)(II) and 
(J)(iii) with respect to the 2008 Pb, 2008 ozone, 2010 NO2, 
and 2010 SO2 NAAQS, as well as newly conditionally approving 
the state's submittals for these sub-elements with respect to the 1997 
and 2006 PM2.5 NAAQS. In a letter dated August 5, 2015, 
Connecticut committed to adopt and submit to EPA, one year from the 
publication of this conditional approval, regulatory revisions to 
Connecticut's prevention of significant deterioration and new source 
review permitting requirements that meet the requirements to treat 
NOX as a precursor pollutant to ozone and to establish a 
minor source baseline date for PM2.5.
    Under section 110(k)(4) of the Act, EPA may conditionally approve a 
plan based on a commitment from the State to adopt specific enforceable 
measures by a date certain, but not later than one year from the date 
of approval. By this date, the State must meet its commitment made in 
its August 5, 2015 letter to submit revisions to its PSD program that 
fully meet the requirements above. If the State fails to do so, this 
action will become a disapproval one year from the date of publication 
of final approval. EPA will notify the State by letter that this action 
has occurred. At that time, this commitment will no longer be a part of 
the approved Connecticut SIP. EPA subsequently will publish a document 
in the Federal Register notifying the public that the conditional 
approval is converted to a disapproval. If the State meets its 
commitment within the applicable time frame, the conditionally approved 
submission will remain a part of the SIP until EPA takes final action 
approving or disapproving the new submittal. If EPA disapproves the new 
submittal, the conditionally approved portions of Connecticut's 
Infrastructure SIP submittals will also be disapproved at that time. If 
EPA approves the revised PSD program submittal, then the portions of 
Connecticut's infrastructure SIP submittals that were conditionally 
approved will be fully approved in their entirety. In addition, final 
disapproval of an infrastructure SIP submittal triggers the Federal 
implementation plan (FIP) requirement under section 110(c).
    Other specific requirements of infrastructure SIPs and the 
rationale for EPA's final action on Connecticut's submittals are 
explained in the NPR and will not be restated here.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other

[[Page 35639]]

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 2, 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. 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: December 3, 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 reserved paragraph (c)(111) and 
adding paragraph (c)(112) to read as follows:


Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (111) [Reserved]
    (112) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
December 28, 2007; September 4, 2008; September 18, 2009; October 13, 
2011; December 28, 2012; January 2, 2013; and May 30, 2013.
    (i) [Reserved.]
    (ii) Additional materials.
    (A) The Connecticut Department of Energy and Environmental 
Protection document, ``Adequacy Determination of the Connecticut State 
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and 
(2) for the 8-Hour Ozone National Ambient Air Quality Standard Program 
Infrastructure,'' Final, December 28, 2007.
    (B) The Connecticut Department of Energy and Environmental 
Protection document, ``Adequacy Determination of the Connecticut State 
Implementation Plan for Clean Air Act Section 110(a) Infrastructure 
Elements: 1997 National Ambient Air Quality Standard for Fine 
Particulate Matter,'' Final, September 4, 2008.
    (C) The Connecticut Department of Energy and Environmental 
Protection document, ``Adequacy Determination of the Connecticut State 
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and 
(2) for the 2006 Fine Particulate Matter National Ambient Air Quality 
Standard,'' Final, September 18, 2009.
    (D) The Connecticut Department of Energy and Environmental 
Protection document, ``Request to Withdraw a Portion of Connecticut's 
PM2.5 Infrastructure Adequacy Determination,'' January 7, 
2011.
    (E) 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 
PM2.5 NAAQS,'' August 19, 2011.
    (F) The Connecticut Department of Energy and Environmental 
Protection document, ``Adequacy Determination of the Connecticut State 
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and
    (2) for the 2008 Lead National Ambient Air Quality Standard,'' 
Final, October 13, 2011.
    (G) The Connecticut Department of Energy and Environmental 
Protection document, ``Update to Connecticut PM2.5 
Infrastructure Submittals,'' June 15, 2012.
    (H) The Connecticut Department of Energy and Environmental 
Protection document, ``Connecticut State Implementation Plan with 
Regard to the Infrastructure Requirements of Clean Air Act Section 
110(a)(1) and 110(s)(2) for the 2008 Ozone National Ambient Air Quality 
Standards, Final, December 28, 2012.
    (I) The Connecticut Department of Energy and Environmental 
Protection document, ``Connecticut State Implementation Plan with 
Regard to the Infrastructure Requirements of Clean Air Act Section 
110(a)(1) and 110(a)(2) for the 2010 Nitrogen Dioxide National Ambient 
Air Quality Standards, Final, January 2, 2013.
    (J) The Connecticut Department of Energy and Environmental 
Protection document, ``Connecticut State Implementation Plan for Clean 
Air Act Section 110(a) Infrastructure Elements: 2010 Sulfur Dioxide 
National Ambient Air Quality Standard, Final, May 30, 2013.
    (K) The Connecticut Department of Energy and Environmental 
Protection letter, ``Supplement to Infrastructure State Implementation 
Plan (SIP) Revisions,'' August 5, 2015.


0
3. Section 52.380 is amended by adding paragraphs (f), (g), and (h) to 
read as follows:


Sec.  52.380  Rules and regulations.

* * * * *

     Note 1 to paragraphs (f) through (h): ``state'' means the state 
of Connecticut.

    (f) Connecticut General Statutes Section 1-85. (Formerly Sec. 1-
68). Interest in conflict with discharge of duties: A public official, 
including an elected state official, or state employee has an interest 
which is in substantial conflict with the proper discharge of his 
duties or employment in the public interest and of his responsibilities 
as prescribed in the laws of this state, if he has reason to believe or 
expect that he, his spouse, a dependent child, or a business with which 
he is associated will derive a direct monetary gain or suffer a direct 
monetary loss, as the case may be, by reason of his official activity. 
A public official, including an elected state official, or state 
employee does not have an interest which is in substantial conflict 
with the proper discharge of his duties in the public interest and of 
his responsibilities as prescribed by the laws of this state, if any 
benefit or detriment accrues to him, his spouse, a dependent child, or 
a business with which he, his spouse or such dependent child is 
associated as a member of a profession, occupation or group to no 
greater extent than any other member of such profession, occupation or 
group. A public official, including an elected state official or state 
employee who has a substantial conflict may not take official action on 
the matter.
    (g) Connecticut General Statutes Section 22a-171. (Formerly Sec. 
19-507). Duties of Commissioner of Energy and Environmental Protection: 
The Commissioner of Energy and Environmental Protection of the State of 
Connecticut shall:

[[Page 35640]]

    (1) Initiate and supervise programs for the purposes of determining 
the causes, effect and hazards of air pollution;
    (2) Initiate and supervise state-wide programs of air pollution 
control education;
    (3) Cooperate with and receive money from the Federal Government 
and, with the approval of the Governor, from any other public or 
private source;
    (4) Adopt, amend, repeal and enforce regulations as provided in 
Connecticut General Statutes Section 22a-174 and do any other act 
necessary to enforce the provisions of Connecticut General Statutes 
Chapter 446c and Connecticut General Statutes Section 14-164c;
    (5) Advise and consult with agencies of the United States, agencies 
of the state, political subdivisions and industries and any other 
affected groups in furtherance of the purposes of Connecticut General 
Statutes Chapter 446c.
    (h) Connecticut General Statutes Section 16a-21a. Sulfur content of 
home heating oil and off-road diesel fuel. Suspension of requirements 
for emergency. (1)(i) The amount of sulfur content of the following 
fuels sold, offered for sale, distributed or used in this state shall 
not exceed the following percentages by weight:
    (A) For number two heating oil, three-tenths of one per cent; and
    (B) For number two off-road diesel fuel, three-tenths of one per 
cent.
    (ii) Notwithstanding paragraph (h)(1)(i) of this section, the 
amount of sulfur content of number two heating oil sold, offered for 
sale, distributed or used in this state shall not exceed the following 
percentages by weight:
    (A) For the period beginning July 1, 2011, and ending June 30, 
2014, fifty parts per million; and
    (B) On and after July 1, 2014, fifteen parts per million.
    (iii) The provisions of paragraph (h)(1)(ii) of this section shall 
not take effect until the states of New York, Massachusetts and Rhode 
Island each have adopted requirements that are substantially similar to 
the provisions of said paragraph (h)(1)(ii).
    (2) As of the date on which the last of the states of New York, 
Massachusetts and Rhode Island limits the sulfur content of number two 
heating oil to one thousand five hundred parts per million, the sulfur 
content of number two heating oil sold, offered for sale, distributed 
or used in this state shall not exceed one thousand five hundred parts 
per million.
    (3) As of the date on which the last of the states of New York, 
Massachusetts and Rhode Island limits the sulfur content of number two 
heating oil to one thousand two hundred fifty parts per million, the 
sulfur content of number two heating oil sold, offered for sale, 
distributed or used in this state shall not exceed one thousand two 
hundred fifty parts per million.
    (4) As of the date on which the last of the states of New York, 
Massachusetts and Rhode Island limits the sulfur content of number two 
heating oil to five hundred parts per million, the sulfur content of 
number two heating oil sold, offered for sale, distributed or used in 
this state shall not exceed five hundred parts per million.
    (5) As of the date on which the last of the states of New York, 
Massachusetts and Rhode Island limits the sulfur content of number two 
off-road diesel fuel to five hundred parts per million, the sulfur 
content of number two off-road diesel fuel offered for sale, 
distributed or used in this state shall not exceed five hundred parts 
per million.
    (6) The Commissioner of Energy and Environmental Protection of the 
State of Connecticut may suspend the requirements of subsections (a) to 
(e), inclusive, of this Connecticut General Statutes Section 16a-21a if 
the commissioner finds that the physical availability of fuel which 
complies with such requirements is inadequate to meet the needs of 
residential, commercial or industrial users in this state and that such 
inadequate physical availability constitutes an emergency provided the 
commissioner shall specify in writing the period of time such 
suspension shall be in effect.

     Note 2 to paragraph (h): EPA has replaced the original 
structure of the CT statute with the structure of the CFR and uses 
``paragraph'' instead of the original statutory language of 
``subsection'' and ``subdivision.'' EPA has also replaced the (a)-
level of the original statute with the (1)-level in the CFR and the 
(1)-level in the original statute with the (i)-level in the CFR.



0
4. In Sec.  52.385, Table 52.385 is amended by adding an entry for 
Section 1-85, revising the entry for Section 16a-21a, and adding new an 
entry for Section 22a-171 to read as follows:


Sec.  52.385 EPA-approved  Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Dates
                                                         ----------------------------------------  Federal Register                        Comments/
   Connecticut state citation         Title/subject         Date adopted by    Date  approved by       citation       Section 52.370      description
                                                                 state                EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Connecticut General Statutes...  Interest in conflict     October 1, 1989...  June 3, 2016......  [Insert Federal             c(112)  Criteria for
                                  with discharge of                                                Register                            identifying a
                                  duties.                                                          citation].                          conflict of
                                                                                                                                       interest.
    Section 1-85...............
Connecticut General Statutes...  Sulfur content of home   July 8, 2013......  June 3, 2016......  [Insert Federal             c(112)  Allowable sulfur
                                  heating oil and off                                              Register                            content of fuels
                                  road diesel fuel.                                                citation].                          provided.
                                  Suspension of                                                                                        Criteria for
                                  requirements for                                                                                     suspension of
                                  emergency.                                                                                           requirements
                                                                                                                                       identified.
    Section 16a-21a............
Connecticut General Statutes...  Duties of Commissioner   October 1, 1984...  June 3, 2016......  [Insert Federal             c(112)  Obligations and
                                  of Energy and                                                    Register                            activities of the
                                  Environmental                                                    citation].                          Commissioner
                                  Protection..                                                                                         identified.
    Section 22a-171............
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
5. Add Sec.  52.386 to read as follows:


Sec.  52.386  Section 110(a)(2) infrastructure requirements.

    The Connecticut Department of Energy and Environmental Protection 
submitted the following infrastructure SIPs on these dates: 2008 Pb 
NAAQS--October 13, 2011; 2008 ozone NAAQS--

[[Page 35641]]

December 28, 2012; 2010 NO2 NAAQS--January 2, 2013; and 2010 
SO2 NAAQS--May 30, 2013. These infrastructure SIPs are 
approved, with the exception of certain elements within 
110(a)(2)(C)(ii), D(i)(II), and J(iii), which are conditionally 
approved. Connecticut submitted infrastructure SIPs for the 1997 and 
2006 PM2.5 NAAQS on September 4, 2008, and September 18, 
2009, respectively, and elements 110(a)(2)(A), D(ii), and E(ii), which 
were previously conditionally approved, are now approved. Also with 
respect to the 1997 and 2006 PM2.5 NAAQS, elements related 
to PSD, which include 110(a)(2)C(ii), D(i)(II), and J(iii) are newly 
conditionally approved. Connecticut also submitted an Infrastructure 
SIP for the 1997 8-hour ozone NAAQS on December 28, 2007, and element 
110(a)(2)(D)(ii), which was previously conditionally approved, is now 
approved.

[FR Doc. 2016-12375 Filed 6-2-16; 8:45 am]
 BILLING CODE 6560-50-P