```

[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50595-50602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20390]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-RO1-OAR-2008-0117; EPA-RO1-OAR-2008-0107; EPA-RO1-OAR-2008-0445; 
FRL-9672-5]

Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut, Massachusetts, and Rhode Island; Reasonable Further 
Progress Plans and 2002 Base Year Emission Inventories

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving State Implementation Plan revisions submitted 
by the States of Connecticut, Massachusetts, and Rhode Island. These 
revisions establish 2002 base year emission inventories and reasonable 
further progress emission reduction plans for areas within these states 
designated as nonattainment of EPA's 1997 8-hour ozone standard. The 
intended effect of this action is to approve these states' 2002 Base 
Year Inventories and reasonable further progress (RFP) emission 
reduction plans, and to approve the 2008 motor vehicle transportation 
budgets and contingency measures associated with the RFP plans. EPA 
also is approving three rules adopted by Connecticut that will reduce 
volatile organic compound emissions in the state. This action is being 
taken in accordance with the Clean Air Act.

DATES: Effective Date: This rule is effective on September 21, 2012.

ADDRESSES: EPA has established dockets for these actions under Docket 
Identification Numbers EPA-RO1-OAR-2008-0117 for our action for 
Connecticut, EPA-RO1-OAR-2008-0107 for our action for Massachusetts, 
and EPA-RO1-OAR-2008-0445 for our action for Rhode Island. All 
documents in the dockets 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

[[Page 50596]]

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 respective State Air Agency: Bureau of Air Management, Department 
of Environmental Protection, State Office Building, 79 Elm Street, 
Hartford, CT 06106-1630; Division of Air Quality Control, Department of 
Environmental Protection, One Winter Street, 8th Floor, Boston, MA 
02108; Office of Air Resources, Department of Environmental Management, 
235 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning 
Unit, U.S. EPA Region 1--New England, 5 Post Office Square, Boston, MA 
02109-3912, phone number: 617-918-1046; eMail: 
mcconnell.robert@epa.gov.

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. Background and Purpose
II. 2002 Base Year Emission Inventories
    A. What is a base year inventory and why are these states 
required to prepare one?
    B. Summary of 2002 Base Year Inventories
    C. What action is EPA taking on these inventories?
III. Reasonable Further Progress Plan, Contingency Plans, and State 
VOC Rules
    A. What is a Reasonable Further Progress (RFP) plan, and why 
were these states required to prepare one?
    B. What action is EPA taking on these RFP plans?
    C. Is EPA approving any state control measures in this action?
    D. Have these states met their contingency measure obligation?
    E. How do these plans affect transportation conformity?
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 20, 2010 (75 FR 57221), EPA published a Notice of 
Proposed Rulemaking (NPR) for the States of Connecticut, Massachusetts, 
and Rhode Island. The NPR proposed approval of 2002 base year emission 
inventories and reasonable further progress emission reduction plans 
for areas within these states designated as nonattainment of EPA's 1997 
8-hour ozone standard. Additionally, the NPR proposed approval of the 
2008 motor vehicle transportation budgets and contingency measures 
associated with the RFP plans. EPA also proposed approval of three 
rules adopted by Connecticut that will reduce volatile organic compound 
emissions in the state. In today's final rule we are approving the 
items for which we proposed approval in the NPR. Today's final rule was 
originally signed on May 2, 2012, but due to a clerical error was not 
published.
    On April 30, 2004, EPA designated portions of the country as being 
in nonattainment of the 1997 8-hour ozone national ambient air quality 
standard (NAAQS) (69 FR 23858).\1\ All parts of Connecticut, 
Massachusetts, and Rhode Island were designated as nonattainment for 
ozone, and all were classified as moderate. There were five 
nonattainment areas created that encompassed the entirety of these 
states, as shown in Table 1.
---------------------------------------------------------------------------

    \1\ The 1997 8-hour ozone standard itself is codified at 40 CFR 
50.10.

Table 1--8-Hour Ozone Nonattainment Areas in Connecticut, Massachusetts,
                            and Rhode Island
------------------------------------------------------------------------
                                                       Geographic area
            State                   Area name        covered (counties)
------------------------------------------------------------------------
CT..........................  New York-N. New       Fairfield,
                               Jersey-Long Island,   Middlesex, New
                               NY-NJ-CT (NY-NJ-CT    Haven.
                               area).
CT..........................  Greater Connecticut   Hartford,
                               area.                 Litchfield, New
                                                     London, Tolland,
                                                     Windham.
MA..........................  Bos-Law-Wor (E. MA)   Barnstable, Bristol,
                               area.                 Dukes, Essex,
                                                     Middlesex,
                                                     Nantucket, Norfolk,
                                                     Plymouth, Suffolk,
                                                     Worcester.
MA..........................  Springfield (W. MA)   Berkshire, Franklin,
                               area.                 Hampden, Hampshire.
RI..........................  Providence area.....  Statewide.
------------------------------------------------------------------------

    As discussed in our September 20, 2010 NPR, the Act contains air 
quality planning and control requirements for ozone nonattainment 
areas. For more information about these requirements and our evaluation 
of each state's means of addressing them, please refer to the more 
detailed analysis presented within the September 20, 2010 NPR.

II. 2002 Base Year Emission Inventories

A. What is a base year inventory and why are these states required to 
prepare one?

    The Act contains a number of requirements for moderate ozone 
nonattainment areas. One requirement, found at section 182(a)(1) of the 
Act and made applicable to moderate ozone nonattainment areas through 
section 182(b), compels the preparation and submittal of a 
``comprehensive, accurate, current inventory of actual emissions from 
all sources.'' In August, 2005, EPA published supplemental guidance for 
states to use in development of their base year inventories entitled, 
``Emission Inventory Guidance for Implementation of Ozone and 
Particulate Matter National Ambient Air Quality Standards (NAAQS) and 
Regional Haze Regulation'' (EPA-454/R-05-001). This guidance describes 
for states the requirements for development of comprehensive emission 
estimates from stationary point and area sources, and from mobile on-
road and non-road sources, such that complete emission inventories are 
available to support SIP development for the 8-hour ozone standard. 
Each state complemented these emission estimates from man-made sources 
with biogenic (naturally occurring) emission estimates from plants, 
trees, grasses and crops prepared by EPA. The guidance directs states 
to prepare their emission estimates on a ``typical summer day'' basis 
to reflect emissions that occur during high ozone episodes, which occur 
predominantly during the warm summer months.
    As mentioned above, Connecticut, Massachusetts, and Rhode Island 
all contain ozone nonattainment areas designated as moderate for the 
1997 8-hour ozone standard. Therefore, they were required to develop 
2002 base year emission inventories of VOC and NOX, as these 
compounds react in the presence of heat and sunlight to form ozone.

[[Page 50597]]

B. Summary of 2002 Base Year Inventories

    The 2002 VOC and NOX base year inventories prepared by 
Connecticut, Massachusetts, and Rhode Island are shown below in Tables 
2a through 2e. EPA has concluded that these states have adequately 
derived and documented the 2002 base year VOC and NOX 
emissions for these areas, and our intention is to approve these 
inventories into the SIP for each state.

        Table 2a--2002 Base Year Inventory for the NY-NJ-CT Area
------------------------------------------------------------------------
                                                2002 VOC      2002 NOX
             Nonattainment area                 emissions     emissions
                                               (tons/day)    (tons/day)
------------------------------------------------------------------------
NY-NJ-CT area:
    Point...................................          11.3          37.7
    Area....................................          84.1           7.2
    On-road.................................          48.1         102.7
    Non-road................................          66.0          38.7
    Biogenics...............................         125.6           0.7
                                             ---------------------------
        Total...............................         335.3         187.0
------------------------------------------------------------------------

   Table 2b--2002 Base Year Inventory for the Greater Connecticut Area
------------------------------------------------------------------------
                                                2002 VOC      2002 NOX
             Nonattainment area                 emissions     emissions
                                               (tons/day)    (tons/day)
------------------------------------------------------------------------
Greater Connecticut area:
    Point...................................           4.6          19.0
    Area....................................          75.5           6.4
    On-road.................................          45.1          89.3
    Non-road................................          56.2          30.8
    Biogenics...............................         268.9           1.3
                                             ---------------------------
        Total...............................         450.3         146.8
------------------------------------------------------------------------

   Table 2c--2002 Base Year Inventory for the Bos-Law-Wor (E. MA) Area
------------------------------------------------------------------------
                                                2002 VOC      2002 NOX
             Nonattainment area                 emissions     emissions
                                               (tons/day)    (tons/day)
------------------------------------------------------------------------
Bos-Law-Wor (E. MA) area:
    Point...................................          13.6         116.6
    Area....................................         282.0          33.9
    On-road.................................         127.4         381.4
    Non-road................................         196.2         122.1
    Biogenics...............................         535.7           4.4
                                             ---------------------------
        Total...............................       1,154.9         658.4
------------------------------------------------------------------------

   Table 2d--2002 Base Year Inventory for the Springfield (W. MA) Area
------------------------------------------------------------------------
                                                2002 VOC      2002 NOX
             Nonattainment area                 emissions     emissions
                                               (tons/day)    (tons/day)
------------------------------------------------------------------------
Springfield (W. MA) area:
    Point...................................           2.4          13.0
    Area....................................          45.5           5.2
    On-road.................................          24.5          71.7
    Non-road................................          27.7          22.4
    Biogenics...............................         254.6           1.1
                                             ---------------------------
        Total...............................         354.7         113.4
------------------------------------------------------------------------

       Table 2e--2002 Base Year Inventory for the Providence Area
------------------------------------------------------------------------
                                                2002 VOC      2002 NOX
             Nonattainment area                 emissions     emissions
                                               (tons/day)    (tons/day)
------------------------------------------------------------------------
Providence area:
    Point...................................          10.3           7.0

[[Page 50598]]

 
    Area....................................          47.9           3.4
    On-road.................................          32.3          42.4
    Non-road................................          26.8          19.7
    Biogenics...............................         124.2           0.7
                                             ---------------------------
        Total...............................         241.5          73.2
------------------------------------------------------------------------

C. What action is EPA taking on these inventories?

    We are approving the 2002 base year inventories listed in Tables 2a 
through 2e above.

III. Reasonable Further Progress Plans, Contingency Plans, and State 
VOC Rules

A. What is a Reasonable Further Progress (RFP) plan and why were these 
states required to prepare one?

    A reasonable further progress (RFP) plan illustrates how an ozone 
nonattainment area will make emission reductions of a set amount over a 
given time period. EPA's Phase 2 implementation rule for the 1997 ozone 
standard interpreted how Section 182(b)(1) of the CAA would apply to 
areas designated as moderate (or higher) nonattainment of the 1997 8-
hour ozone standard. See 40 CFR part 51 subpart X. Of relevance for 
Connecticut, Massachusetts and Rhode Island is what the Phase 2 rule 
required for areas with attainment dates greater than 5 years from 
designation that previously accomplished a 15% reduction in VOC 
emissions pursuant to one-hour ozone nonattainment requirements, as all 
three of these states meet these criteria. For such areas, the Phase 2 
rule indicates that RFP will be met if the area can demonstrate a 15% 
reduction in ozone precursor emissions (VOC and/or NOX) will 
occur between 2002 and 2008.\2\ See 40 CFR 51.910(b)(2)(ii)(A)-(B). 
These states prepared RFP plans for each of the nonattainment areas 
shown in Table 1 above, and our September 20, 2010 notice of proposed 
rulemaking contains a summary of these plans and the results of our 
evaluation of them.
---------------------------------------------------------------------------

    \2\ If the area wishes to use NOX reductions to meet 
part or all of this 15% requirement, the calculation is not done by 
measuring the overall percent of combined VOC and NOX 
reductions, but rather by separately calculating the percent of VOC 
reductions and the percent of NOX reductions, and adding 
those percentages together.
---------------------------------------------------------------------------

B. What action is EPA taking on these RFP plans?

    We are approving the RFP plans submitted by Connecticut, 
Massachusetts, and Rhode Island for the moderate ozone nonattainment 
areas shown in Table 1 above, as revisions to these states' SIPs. Note 
that regarding the NY-NJ-CT moderate area, we are taking action today 
only on the Connecticut portion of the RFP plan for that area. The VOC 
and NOX emission target levels and modeled, controlled 2008 
emissions for each nonattainment area are shown within Table 3 below.

    Table 3--2008 RFP Emission Target Levels and Modeled, Controlled
                                Emissions
------------------------------------------------------------------------
                                           VOC emissions   NOX emissions
                                              target;         target;
           Nonattainment area              modeled 2008    modeled 2008
                                             emissions       emissions
                                            (tons/day)      (tons/day)
------------------------------------------------------------------------
NY-NJ-CT area...........................    184.6; 167.6    167.9; 142.6
Greater Connecticut area................    159.4; 149.3    130.0; 107.1
Bos-Law-Wor area........................    588.1; 525.7    562.7; 440.6
Springfield area........................      94.4; 84.2      92.0; 66.9
Providence area.........................    113.7; 115.4      57.8; 55.3
------------------------------------------------------------------------

    Note that in Table 3 above, all of the modeled 2008 emission levels 
are lower than the corresponding 2008 emission target levels with the 
exception of the Providence area's VOC emissions which are 1.5% higher 
than the 2008 VOC target. In light of this, Rhode Island allocated an 
additional 1.5% NOX reduction (which translates to 1.1 tons) 
to cover this shortfall. Thus, Rhode Island has set its 2008 
NOX target to 57.8 tons/day rather than 58.9 tons/day. In 
essence, Rhode Island has selected a 16.6% reduction in NOX 
emissions and a 1.5% increase in VOC emissions, resulting in a combined 
reduction of 15.1%. A more detailed discussion of this is contained 
within our September 20, 2010 proposal.
    Additionally, a typographical error within our September 20, 2010 
proposal occurred within step 6 of Table 3d, where the detailed RFP 
target level calculations for the Springfield area are shown. The error 
is that the information for step 5 is repeated and appears as step 5 
and also as step 6, resulting in the correct information for step 6 not 
being shown. The correct step 6 information that should have been shown 
within our September 20, 2010 action for VOC emissions in tons/day is: 
100.2 - 5.8 = 94.4; and for NOX emissions, also in tons/day, 
is: 113.1 - 21.1 = 92.0.

C. Is EPA approving any state control measures in this action?

    We are approving three VOC control measures from Connecticut. Two 
of these rules consist of amendments to existing rules. The two amended 
rules are a solvent metal cleaning rule, located at section 22a-174-
20(l) of the Regulations of Connecticut State Agencies, and the second 
rule is the state's asphalt paving rule, located at 22a-174-20(k) of 
the Connecticut regulations. We are approving the

[[Page 50599]]

amended solvent metal cleaning rule and the amended asphalt paving rule 
as they were submitted to EPA, with the exception of the bracketed text 
as that language represents regulatory text from a prior version of the 
rule which Connecticut has retracted. The third rule we are approving 
is Connecticut's architectural and industrial maintenance (AIM) 
coatings rule, located at section 22a-174-41 of the Connecticut 
regulations. The solvent metal cleaning and AIM coatings rules have 
compliance dates in May of 2008, and so achieve emission reductions 
that help Connecticut demonstrate compliance with its RFP obligation. 
The amendment to the asphalt paving rule has a May 1, 2009 compliance 
date and was submitted to help the state demonstrate that it meets the 
Clean Air Act section 182(b)(2) requirement that sources in the state 
use reasonably available control technology (RACT) to control air 
pollution. We are not taking action on Connecticut's overall RACT or 
reasonably available control measure (RACM) submittals at this time. 
Additional details regarding our approval of these three Connecticut 
rules are available within our September 20, 2010 proposal. Our 
approval of these rules makes them part of Connecticut's federally 
enforceable SIP.

D. Have these states met their contingency measure obligation?

    Section 172(c)(9) of the CAA requires, in part, that nonattainment 
areas provide for contingency measures ``to be undertaken if the area 
fails to make reasonable further progress, or to attain the national 
primary ambient air quality standard by the attainment date applicable 
under this part.'' As noted in our September 20, 2010 proposal, for 
Connecticut and Massachusetts we are approving each state's use of the 
surplus emission reductions that are documented within their RFP 
emission target level calculations.
    For Rhode Island, we are approving use of the emission reductions 
from two stationary source measures as meeting the state's contingency 
plan requirement. In 2009, Rhode Island adopted VOC control regulations 
establishing emission limits for consumer and commercial products, and 
for architectural and industrial maintenance coatings. A public hearing 
on these proposed rules was held on February 20, 2009, and they were 
promulgated as final state regulations May 15, 2009, with an effective 
date of June 4, 2009. Rhode Island submitted these regulations to EPA 
as SIP revisions, and we approved them in a direct final rule published 
in the Federal Register on March 13, 2012 (77 FR 14691).

E. How do these plans affect transportation conformity?

    Section 176(c) of the CAA, and EPA's transportation conformity rule 
at 40 CFR part 93 subpart A, require that transportation plans, 
programs, and projects conform to state air quality implementation 
plans. States are required to establish motor vehicle emission budgets 
in any control strategy SIP that is submitted for attainment and 
maintenance of the NAAQS. The RFP plans submitted by Connecticut, 
Massachusetts, and Rhode Island are control strategy SIPs, and they 
contain 2008 motor vehicle budgets for VOCs and NOX by 
nonattainment area. Table 4 contains these VOC and NOX 
transportation conformity budgets in units of tons per summer day:

Table 4--Conformity Budgets in the Connecticut, Massachusetts, and Rhode
                            Island RFP Plans
------------------------------------------------------------------------
                                                 2008 Transportation
                                              conformity budgets (tons/
                 Area name                              day)
                                           -----------------------------
                                                 VOC            NOX
------------------------------------------------------------------------
NY-NJ-CT area (CT portion)................          29.7           60.5
Greater Connecticut.......................          28.5           54.3
Bos-Law-Wor (E. MA) area..................          68.30         191.30
Springfield (W. MA) area..................          11.80          31.30
Providence................................          24.64          28.26
------------------------------------------------------------------------

    In today's action, we are approving the 2008 conformity budgets for 
VOC and NOX for the areas shown in Table 4 above.
    Other specific requirements of these state's inventories, RFP 
plans, and Connecticut's VOC control regulations and the rationale for 
EPA's proposed action are explained in the NPR and will not be restated 
here. No public comments were received on the NPR.

IV. Final Action

    EPA is approving 2002 emission inventories and reasonable further 
progress plans as revisions to the Connecticut, Massachusetts, and 
Rhode Island SIP. We are also approving the 2008 motor vehicle emission 
budgets and contingency measures associated with these RFP plans. 
Additionally, we are approving three Connecticut VOC control 
regulations, Sections 22a-174-20(k), 22a-174-20(l), and 22a-174-41 as 
revisions to the Connecticut SIP.

V. Statutory and Executive Order

    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

[[Page 50600]]

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 October 22, 2012. 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: August 9, 2012.
Ira W. Leighton,
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--[AMENDED]

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)(100), to read as 
follows:

Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (100) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on February 1, 2008 
and January 8, 2009.
    (i) Incorporation by reference.
    (A) State of Connecticut Regulation, Section 22a-174-20(k), 
Restrictions on VOC Emissions from Cutback and Emulsified Asphalt 
(excluding the text that appears in brackets), effective in the state 
of Connecticut on January 1, 2009.
    (B) A letter from Barbara Sladeck, RLS Assistant Coordinator, 
Office of the Secretary of the State, State of Connecticut, to Hon. 
Gina McCarthy, Commissioner, Department of Environmental Protection, 
dated July 26, 2007, stating that the effective date of the Amendment 
of Section 22a-174-20(l), Metal Cleaning, and Adoption of Section 22a-
174-41, pertaining to Architectural and Industrial Maintenance 
Products, is July 26, 2007.
    (C) State of Connecticut Regulation, Section 22a-174-20(l), Metal 
Cleaning, effective in the state of Connecticut on July 26, 2007, 
revisions to the following provisions (including the text that appears 
in underline and excluding the text that appears in brackets): Sections 
22a-174-20(l)(1)(A) through (C) and(J) through (L), Sections 22-a-174-
20(l)(3), (A) through (D), (F) through (H), and (J) through (L), 
Sections 22a-174-20(l)(5) introductory text, (B), (E), and (M), and 
Section 22a-174-20(l)(6); and addition of Sections 22a-174-20(l)(7) 
through (9).
    (D) State of Connecticut Regulation, Section 22a-174-41, 
Architectural and Industrial Maintenance Products, effective in the 
state of Connecticut on July 26, 2007.

0
3. Section 52.377 is amended by adding paragraph (k) to read as 
follows:

Sec.  52.377  Control strategy: Ozone.

* * * * *
    (k) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on February 1, 2008. 
These revisions are for the purpose of satisfying the rate of progress 
requirement of section 182(b)(1) from 2002 through 2008, and the 
contingency measure requirement of sections 172(c)(9) and of the Clean 
Air Act, for the Greater Connecticut moderate 8-hour ozone 
nonattainment area, and the Connecticut portion of the New York-New 
Jersey-Long Island moderate 8-hour ozone nonattainment area. These 
revisions establish motor vehicle emission budgets for 2008 of 29.7 
tons per day of volatile organic compounds (VOCs) and 60.5 tons per day 
of nitrogen oxides (NOX) to be used in transportation 
conformity in the Connecticut portion of the New York-New Jersey-Long 
Island moderate 8-hour ozone nonattainment area. These revisions also 
establish motor vehicle emission budgets for 2008 for the Greater 
Connecticut moderate 8-hour ozone nonattainment area of 28.5 tons per 
day for VOCs, and 54.3 tons per day for NOX.

0
4. Section 52.384 is amended by adding paragraph (d) to read as 
follows:

Sec.  52.384  Emission inventories.

* * * * *
    (d) The state of Connecticut submitted base year emission 
inventories representing emissions for calendar year 2002 from the 
Connecticut portion of the NY-NJ-CT moderate 8-hour ozone nonattainment 
area and the Greater Connecticut moderate 8-hour ozone nonattainment 
area on February 1, 2008 as revisions to the State's SIP. The 2002 base 
year emission inventory requirement of section 182(a)(1) of the Clean 
Air Act, as amended in 1990, has been satisfied for these areas. The 
inventories consist of emission estimates of volatile organic compounds 
and nitrogen oxides, and cover point, area, non-road mobile, on-road 
mobile and biogenic sources. The inventories were submitted as 
revisions to the SIP in partial fulfillment of obligations for 
nonattainment areas under EPA's 1997 8-hour ozone standard.

0
5. In Sec.  52.385, Table 52.385 is amended by:
0
a. Revising the entry with ``Metal Cleaning'' in the ``Title/subject'' 
column, in the series of rows pertaining to Connecticut State citation 
22a-174-20.

[[Page 50601]]

0
b. Adding an entry with ``Restrictions on VOC Emissions from Cutback 
and Emulsified Asphalt'' in the ``Title/subject'' column, to the end of 
the series of rows pertaining to Connecticut State citation 22a-174-20.
0
c. Adding a new state citation 22a-174-41 in alpha-numeric order.
    The revisions and additions read as follows:

Sec.  52.385-EPA-approved  Connecticut regulations.

* * * * *

                                     Table 52.385--EPA-Approved Regulations
----------------------------------------------------------------------------------------------------------------
                                                       Dates
                                              ----------------------     Federal
 Connecticut state citation    Title/subject      Date       Date        Register      Section       Comment/
                                                adopted    approved      citation       52.370     description
                                                by state    by EPA
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                              Metal Cleaning.    7/26/07    8/22/12  [Insert Federal   (c)(100)  Changes to
                                                                      Register page               solvent metal
                                                                      number where                cleaning rule.
                                                                      the document
                                                                      begins].
                              Restrictions on   12/29/08    8/22/12  [Insert Federal   (c)(100)  Changes to
                               VOC Emissions                          Register page               cutback and
                               from Cutback                           number where                emulsified
                               and Emulsified                         the document                asphalt paving
                               Asphalt.                               begins].                    rule.
 
                                                  * * * * * * *
22a-174-41..................  Architectural      7/26/07    8/22/12  [Insert Federal   (c)(100)  New rule
                               and Industrial                         Register page               limiting VOC
                               Maintenance                            number where                emissions from
                               Products.                              the document                architectural
                                                                      begins].                    and industrial
                                                                                                  maintenance
                                                                                                  coatings.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart W--Massachusetts

0
6. Section 52.1125 is amended by adding paragraph (d) to read as 
follows:

Sec.  52.1125  Emission inventories.

* * * * *
    (d) The state of Massachusetts submitted base year emission 
inventories representing emissions for calendar year 2002 from the 
Boston-Lawrence-Worcester moderate 8-hour ozone nonattainment area and 
the Springfield moderate 8-hour ozone nonattainment area on January 31, 
2008 as revisions to the State's SIP. The 2002 base year emission 
inventory requirement of section 182(a)(1) of the Clean Air Act, as 
amended in 1990, has been satisfied for these areas. The inventories 
consist of emission estimates of volatile organic compounds and 
nitrogen oxides, and cover point, area, non-road mobile, on-road mobile 
and biogenic sources. The inventories were submitted as revisions to 
the SIP in partial fulfillment of obligations for nonattainment areas 
under EPA's 1997 8-hour ozone standard.

0
7. Section 52.1129 is amended by adding paragraph (i) to read as 
follows:

Sec.  52.1129  Control strategy: Ozone.

* * * * *
    (i) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 31, 
2008. These revisions are for the purpose of satisfying the rate of 
progress requirement of section 182(b)(1) from 2002 through 2008, and 
the contingency measure requirement of sections 172(c)(9) and of the 
Clean Air Act, for the Boston-Lawrence-Worcester (E. MA) moderate 8-
hour ozone nonattainment area, and the Springfield (W. MA) moderate 8-
hour ozone nonattainment area. These revisions establish motor vehicle 
emission budgets for 2008 of 68.30 tons per day of volatile organic 
compounds (VOCs) and 191.30 tons per day of nitrogen oxides 
(NOX) to be used in transportation conformity in the Boston-
Lawrence-Worcester (E. MA) moderate 8-hour ozone nonattainment area. 
These revisions also establish motor vehicle emission budgets for 2008 
for the Springfield (W. MA) moderate 8-hour ozone nonattainment area of 
11.80 tons per day for VOCs, and 31.30 tons per day for NOX.

Subpart OO--Rhode Island

0
8. Section 52.2086 is amended by adding paragraph (e) to read as 
follows:

Sec.  52.2086  Emission inventories.

* * * * *
    (e) The state of Rhode Island submitted base year emission 
inventories representing emissions for calendar year 2002 from the 
Providence moderate ozone nonattainment area on April 30, 2008 as 
revisions to the State's SIP. The 2002 base year emission inventory 
requirement of section 182(a)(1) of the Clean Air Act, as amended in 
1990, has been satisfied for this area. The inventory consists of 
emission estimates of volatile organic compounds and nitrogen oxides, 
and cover point, area, non-road mobile, on-road mobile and biogenic 
sources. The inventory was submitted as a revision to the SIP in 
partial fulfillment of obligations for nonattainment areas under EPA's 
1997 8-hour ozone standard.

0
9. Section 52.2088 is amended by adding paragraph (e) to read as 
follows:

Sec.  52.2088  Control strategy: Ozone.

* * * * *
    (e) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on April 30, 2008. 
The revision is for the purpose of satisfying the rate of progress 
requirement of section 182(b)(1) from 2002 through 2008, and the 
contingency measure requirement of sections 172(c)(9) and of the Clean 
Air Act, for the Providence moderate ozone nonattainment area. The 
revision establishes motor vehicle emission budgets for 2008 of 24.64 
tons per day of volatile organic compounds and 28.26 tons per day of 
nitrogen oxides to be used in transportation conformity in

[[Page 50602]]

the Providence moderate 8-hour ozone nonattainment area.

[FR Doc. 2012-20390 Filed 8-21-12; 8:45 am]
BILLING CODE P
```