[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Rules and Regulations]
[Pages 59519-59521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26900]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0654; A-1-FRL-9966-28-Region 1]


Air Plan Approval; CT; Decommissioning of Stage II Vapor Recovery 
Systems

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 Connecticut 
Department of Energy and Environmental Protection (CT DEEP). This 
revision includes regulatory amendments that require gasoline 
dispensing facilities (GDFs) to decommission their Stage II vapor 
recovery systems on or before July 1, 2015, and a demonstration that 
such removal is consistent with the Clean Air Act and EPA guidance. 
This revision also includes regulatory amendments that strengthen 
Connecticut's requirements for Stage I vapor recovery systems at GDFs. 
The intended effect of this action is to approve Connecticut's revised 
vapor recovery regulations. This action is being taken under the Clean 
Air Act.

DATES: This rule is effective on January 16, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2015-0654. All documents in the docket 
are listed on the http://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 http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA 
requests that if at all possible, you contact the contact listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 [mail code: OPE05-2], Boston, 
MA 02109-3912, telephone number (617) 918-1628, fax (617) 918-0628, 
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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 10, 2017 (82 FR 17161), EPA published a Notice of Proposed 
Rulemaking (NPR) proposing approval of a SIP revision submitted by the 
CT DEEP on September 14, 2015. The SIP revision consists of 
Connecticut's newly adopted section 22a-174-30a, Stage I Vapor 
Recovery, of the Regulations of Connecticut State Agencies (RCSA) as 
well as the following revised RCSA sections:
     22a-174-3a, Permit to Construct and Operate Stationary 
Sources, specifically 22a-174-3a(a);
     22a-174-20, Control of Organic Compound Emissions, 
specifically 22a-174-20(a), 22a-174-20(b)(1) through (b)(16), and 22a-
174-20(ee); and
     22a-174-32, Reasonably Available Control Technology (RACT) 
for Volatile Organic Compounds, specifically 22a-174-32(b).

In addition, this SIP revision also includes Public Act No. 13-120, An 
Act Concerning Gasoline Vapor Recovery Systems. Connecticut Public Act 
No. 13-120 revises section 22a-174e of the Connecticut General Statutes 
(CGS). The regulations and statute require the decommissioning of Stage 
II vapor recovery systems and strengthen Stage I vapor recovery 
requirements. The SIP submittal also includes a demonstration that 
removal of Stage II vapor recovery systems in Connecticut is consistent 
with the Clean Air Act and EPA guidance. Finally, the SIP revision 
includes the withdrawal of RCSA section 22a-174-30, Dispensing of 
Gasoline/Stage I and Stage II Vapor Recovery, from the Connecticut SIP.

[[Page 59520]]

    Connecticut subsequently modified the September 14, 2015 SIP 
revision via a letter dated January 20, 2017 wherein Connecticut 
withdrew RCSA 22a-174-3a(a) from consideration as part of this SIP 
revision.
    A detailed discussion of Connecticut's September 14, 2015 SIP 
revision and EPA's rationale for proposing approval of the SIP revision 
were provided in the NPR and will not be restated in this notice. No 
public comments were received on the NPR.

II. Final Action

    EPA is approving Connecticut's September 14, 2015 SIP revision. 
Specifically, EPA is approving, and incorporating into the Connecticut 
SIP, the following regulations and statute: Newly adopted RCSA section 
22a-174-30a; revised RCSA subsection 22a-174-20(a); revised RCSA 
subsections 22a-174-20(b)(6) through (b)(16); revised RCSA subsection 
22a-174-20(ee), and revised RCSA subsection 22a-174-32(b); as well as 
Connecticut Public Act No. 13-120. EPA is also approving Connecticut's 
request to withdraw RCSA section 22a-174-30 from the Connecticut SIP 
because it has been replaced with RCSA section 22a-174-30a, which is 
more stringent. EPA is approving this SIP revision because it meets all 
applicable requirements of the CAA and EPA guidance, and it will not 
interfere with any applicable requirement concerning attainment or 
reasonable further progress towards attainment of any NAAQS, or with 
any other applicable requirement of the Clean Air Act.

III. 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 http://www.regulations.gov.

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 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 February 13, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 24, 2017.
Deborah A. Szaro,
Acting 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 IMPLENTATION PLAN

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

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

Subpart H--Connecticut

0
2. Section 52.370 is amended by adding paragraphs (c)(95)(i)(D) and 
(c)(117) to read as follows:


 Sec.  52.370   Identification of plan.

* * * * *
    (c) * * *
    (95) * * *
    (i) * * *
    (D) Regulation 22a-174-30, which was approved in paragraph 
(c)(95)(i)(A), is removed and replaced by Regulation

[[Page 59521]]

22a-174-30a, see paragraph (c)(117)(i)(B).
* * * * *
    (117) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Energy and Environmental Protection on 
September 14, 2015.
    (i) Incorporation by reference
    (A) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
20, the sections listed below, effective July 8, 2015, as published in 
the Connecticut Law Journal on November 24, 2015.
    (1) Section 20(a)(7);
    (2) Section (b)(10);
    (3) Sections (b)(12) through (b)(16);
    (4) Section (20)(ee)
    (B) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
30a ``Stage I Vapor Recovery,'' effective July 8, 2015, as published in 
the Connecticut Law Journal on November 24, 2015.
    (C) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
32(b)(3), effective July 8, 2015, as published in the Connecticut Law 
Journal on November 24, 2015.
    (D) House Bill No. 6534, Public Act No. 13-120, ``An Act Concerning 
Gasoline Vapor Recovery Systems,'' approved June 18, 2013.
    (ii) Additional materials.
    (A) Letter from the Connecticut Department of Energy and 
Environmental Protection, dated September 14, 2015, submitting a 
revision to the Connecticut State Implementation Plan.

0
3. In Sec.  52.385, Table 52.385 is amended by: Adding entries under 
existing state citations 22a-174-20 and 22a-174-30; adding an entry for 
state citation 22a-174-30a; adding an entry under existing state 
citation 22a-174-32, and adding a new entry for new Connecticut Public 
Act 13-120 to the end of the table to read as follows:


Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Dates
                                                        --------------------------
    Connecticut State citation         Title/subject         Date         Date       Federal Register        Section 52.370       Comments/description
                                                          adopted by  approved by        citation
                                                            State         EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
22a-174-20.......................  Control of Organic         7/8/15   12/15/2017  [Insert Federal       (c)117...............  Removes sections (b)(6)-
                                    Compound Emissions.                             Register citation].                          (b)(9) and (b)(11),
                                                                                                                                 Revises sections
                                                                                                                                 (a)(7), (b)(10),
                                                                                                                                 sections (b)(12)-
                                                                                                                                 (b)(16), and section
                                                                                                                                 (ee).
 
                                                                      * * * * * * *
22a-174-30.......................  Dispensing of              7/8/15   12/15/2017  [Insert Federal       (c)117...............  22a-174-30 was repealed
                                    Gasoline/Stage II                               Register citation].                          by CT and withdrawn
                                    Vapor Recovery.                                                                              from the SIP and
                                                                                                                                 replaced by 22a-174-
                                                                                                                                 30a.
22a-174-30a......................  Stage I Vapor              7/8/15   12/15/2017  [Insert Federal       (c)117...............  Replaces the repealed
                                    Recovery.                                       Register citation].                          section 22a-174-30.
 
                                                                      * * * * * * *
22a-174-32.......................  Reasonably available       7/8/15   12/15/2017  [Insert Federal       (c)117...............  Revises section (b)(3).
                                    control technology                              Register citation].
                                    for volatile
                                    organic compounds.
 
                                                                      * * * * * * *
Connecticut Public Act No. 13-120  An act concerning         6/18/13   12/15/2017  [Insert Federal       (c)117...............  Revises section 22a-174e
                                    gasoline Vapor                                  Register citation].                          of the Connecticut
                                    recovery systems.                                                                            General Statutes to
                                                                                                                                 require decommissioning
                                                                                                                                 of Stage II Vapor
                                                                                                                                 Recovery Systems.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-26900 Filed 12-14-17; 8:45 am]
 BILLING CODE 6560-50-P