[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Rules and Regulations]
[Pages 58188-58190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24895]


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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.

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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
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                                                                Dates
                                                  --------------------------------    Federal Register
Connecticut State citation      Title/subject       Date adopted    Date approved         citation           Section 52.370      Comments/ description
                                                      by State         by EPA
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                                                                      * * * * * * *
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.
 
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[FR Doc. 2018-24895 Filed 11-16-18; 8:45 am]
 BILLING CODE 6560-50-P