### 33134 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

(b) Classification. Class II (special controls). The special controls for this device are:

(1) Nonclinical performance testing under simulated physiological conditions must demonstrate the reliability of the delivery of specific compression depth and rate over the intended duration of use.

(2) Labeling must include the following:

(i) The clinical training necessary for the safe use of this device;

(ii) Adjunctive use only indication prominently displayed on labels physically placed on the device and in any device manuals or other labeling;

(iii) Information on the patient population for which the device has been demonstrated to be effective (including patient size and/or age limitations, e.g., adult, pediatric and/or infant); and

(iv) Information on the time necessary to deploy the device as demonstrated in the performance testing.

(3) For devices that incorporate electrical components, appropriate analysis and testing must demonstrate that the device is electrically safe and electromagnetically compatible in its intended use environment.

(4) Human factors testing and analysis must validate that the device design and labeling are sufficient for effective use by the intended user, including an evaluation for the time necessary to deploy the device.

(5) For devices containing software, software verification, validation, and hazard analysis must be performed.

(6) Components of the device that come into human contact must be demonstrated to be biocompatible.

■ 3. Add § 870.5210 to subpart F to read as follows:

**§ 870.5210 Cardiopulmonary resuscitation (CPR) aid.** 

(a) CPR aid without feedback —(1) Identification. A CPR aid without feedback is a device that performs a simple function such as proper hand placement and/or simple prompting for rate and/or timing of compressions/ breathing for the professionally trained rescuer, but offers no feedback related to the quality of the CPR being provided. These devices are intended for use by persons professionally trained in CPR to assure proper use and the delivery of optimal CPR to the victim.

(2) Classification. Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 870.9.

(b) CPR aid with feedback —(1) Identification. A CPR Aid device with feedback is a device that provides realtime feedback to the rescuer regarding the quality of CPR being delivered to the victim, and provides either audio and/ or visual information to encourage the rescuer to continue the consistent application of effective manual CPR in accordance with current accepted CPR guidelines (to include, but not be limited to, parameters such as compression rate, compression depth, ventilation, recoil, instruction for one or multiple rescuers, etc.). These devices may also perform a coaching function to aid rescuers in the sequence of steps necessary to perform effective CPR on a victim.

(2) Classification. Class II (special controls). The special controls for this device are:

(i) Nonclinical performance testing under simulated physiological or use conditions must demonstrate the accuracy and reliability of the feedback to the user on specific compression rate, depth and/or respiration over the intended duration, and environment of

use.

(ii) Labeling must include the clinical training, if needed, for the safe use of this device and information on the patient population for which the device has been demonstrated to be effective (including patient size and/or age limitations, e.g., adult, pediatric and/or infant).

(iii) For devices that incorporate electrical components, appropriate analysis and testing must demonstrate that the device is electrically safe and electromagnetically compatible in its intended use environment.

(iv) For devices containing software, software verification, validation, and hazard analysis must be performed.

(v) Components of the device that come into human contact must be demonstrated to be biocompatible.

(vi) Human factors testing and analysis must validate that the device design and labeling are sufficient for effective use by the intended user.

(3) Premarket notification. The CPR Aid with feedback device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter if it does not contain software ( e.g., is mechanical or electromechanical) and is in compliance with the special controls under paragraph (b)(2) of this section, subject to the limitations of exemptions in § 870.9.

Dated: May 20, 2016. Leslie Kux, Associate Commissioner for Policy.

[FR Doc. 2016–12333 Filed 5–24–16; 8:45 am]

**BILLING CODE 4164–01–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 52**

**[EPA–R01–OAR–2014–0364; A–1–FRL– 9939–63–Region 1]** 

**Air Plan Approval; Connecticut; Sulfur Content of Fuel Oil Burned in**  **Stationary Sources**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Direct final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut on April 22, 2014, with supplemental submittals on June 18, 2015 and September 25, 2015. This revision establishes sulfur in fuel oil content limits for use in stationary sources. In addition, the submittal includes a revision to the sampling and emission testing methods for the sulfur content in liquid fuels. The intended effect of this action is to approve these requirements into the Connecticut SIP. This action is being taken under the Clean Air Act.

**DATES :**  This direct final rule will be effective July 25, 2016, unless EPA receives adverse comments by June 24, 2016. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

**ADDRESSES :**  Submit your comments, identified by Docket ID Number EPA– R01–OAR–2014–0364 by one of the following methods:

1. www.regulations.gov: Follow the on-line instructions for submitting

comments.

2. Email: arnold.anne@epa.gov.

3. Fax: (617) 918–0047.

4. Mail: Docket Identification Number EPA–R01–OAR–2014–0364, Anne Arnold, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, 5 Post Office Square—Suite 100, (Mail code OEP05–2), Boston, MA 02109–

3912.

5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, Manager, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, 5 Post Office Square—Suite 100, (mail code OEP05–2), Boston, MA 02109–3912. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are


### 33135 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

1 Areas designated as mandatory Class I Federal areas consist of national parks exceeding 6000 acres, wilderness areas and national memorial parks exceeding 5000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). In accordance with section 169A of the CAA, EPA, in consultation with the Department of Interior, promulgated a list of 156 areas where visibility is identified as an important value (44 FR 69122, November 30, 1979). The extent of a mandatory Class I area includes subsequent changes in boundaries, such as park expansions (42 U.S.C. 7472(a)). 2 Connecticut General Statute Title 16a–21a effective June 2, 2008 in part limits the sulfur content of number two heating oil to 500 parts per million (ppm) as of the date on which the last of the states of New York, Massachusetts, and Rhode Island made this requirement effective. The fuel sulfur limit became effective in these three states as of July 1, 2014.

3 Sulfates play a major role in the formation of Regional Haze in the Northeast. (See the Northeast States for Coordinated Air Use Management (NESCAUM) document Contributions to Regional Haze in the Northeast and Mid-Atlantic United States, August 2006) Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

Instructions: Direct your comments to Docket ID No. EPA–R01–OAR–2014– 0364. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov, or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at 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. In addition, copies of the state submittal are also available for public inspection during normal business hours, by appointment at the State Air Agency; Bureau of Air Management, Department of Energy and Environmental Protection, State Office Building, 79 Elm Street, Hartford, CT

06106–1630.

**FOR FURTHER INFORMATION CONTACT :**  Anne K. McWilliams, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square— Suite 100, (Mail code OEP05–2), Boston, MA 02109–3912, telephone (617) 918– 1697, facsimile (617) 918–0697, email mcwilliams.anne@epa.gov.

**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. Connecticut’s SIP Revision III. EPA’s Evaluation of Connecticut’s SIP Revision a. New Section 22a–174–19b ‘‘Fuel Sulfur

Content Limitations for Stationary Sources’’ b. Revisions to Section 22a–174–19

‘‘Control of Sulfur Compound Emissions’’ c. Revisions to Section 22a–174–19a

‘‘Control of Sulfur Dioxide Emissions From Power Plants and Other Large Stationary Sources of Air Pollution’’ d. Revisions to Section 22a–174–5

(previously codified as Section 19–508– 5) ‘‘Methods for Sampling, Emission Testing, and Reporting’’ IV. Final Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background and Purpose

In section 169A(a)(1) of the 1977 Amendments to the Clean Air Act (CAA), Congress created a program for protecting visibility in the nation’s national parks and wilderness areas. This section of the CAA establishes as a national goal the ‘‘prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas 1 which impairment results from manmade air pollution.’’ Congress added section 169B to the CAA in 1990 to address regional haze issues. EPA promulgated a rule to address regional haze on July 1, 1999 (64 FR 35714), the Regional Haze Rule. The Regional Haze Rule revised the existing visibility regulations to integrate into the regulation provisions addressing regional haze impairment and established a comprehensive visibility protection program for Class I areas.

On July 10, 2014, EPA approved Connecticut’s initial Regional Haze plan into the SIP. See 79 FR 39322. Specifically, as part of the approval, EPA approved into the Connecticut SIP Connecticut’s legislation to reduce the sulfur in fuel content of home heating oil. 2 3 EPA also approved Regulations of Connecticut State Agencies (RCSA) Section 22a–174–19a (Sec–19a) ‘‘Control of Sulfur Dioxide Emissions from Power Plants and other Large Stationary Sources of Air Pollution’’ in the July 2014 rulemaking. Sec–19a limits the sulfur in fuel oil content used in any emission unit subject to the provisions of RCSA section 22a–174– 22b, the Post-2002 Nitrogen Oxides Budget Program. The emission units regulated by the Post-2002 Nitrogen Oxides Budget Program are baseline electricity generating units, cogeneration units, industrial units, and new electricity generating units.

The Connecticut Department of Energy and Environmental Protection (CT–DEEP) has now submitted a SIP revision concerning the sulfur content of fuel oils burned in stationary sources not subject to Sec–19a. This revision supplements the State’s earlier approved Regional Haze plan in that the revision will result in additional reductions of sulfur dioxide (SO 2 ) emissions (but was not legally required in order for EPA to have earlier approved Connecticut’s Regional Haze plan).

II. Connecticut’s SIP Revision

On April 22, 2014, CT–DEEP submitted to EPA new RCSA section 22a–174–19b (Sec–19b) ‘‘Fuel Sulfur content Limitations for Stationary


### 33136 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

Sources,’’ revisions to SIP-approved RCSA section 22a–174–19 (Sec–19) ‘‘Control of Sulfur Compound Emissions,’’ revisions to SIP-approved RCSA section 22a–174–19a ‘‘Control of Sulfur Dioxide Emissions from Power Plants and Other Large Stationary Sources of Air Pollution,’’ and RSCA section 19–174–5 ‘‘Methods for Sampling, Emission Testing, and Reporting.’’ Supplemental revisions to Sec–19a and Sec–19b were submitted to EPA on June 18, 2015 and September 25, 2015, respectively.

III. EPA’s Evaluation of Connecticut’s SIP Revision

a. New Section 22a–174–19b ‘‘Fuel Sulfur Content Limitations for Stationary Sources’’

The new Sec–19b applies to any person who, on or after July 1, 2014, sells, supplies, offers for sale, stores, delivers or exchanges in trade, in the state of Connecticut, any fuel for combustion in a stationary source not subject to Sec-19a and to any person who, on or after July 1, 2014, combusts any fuel in a stationary source (not subject to section Sec–19a within the State of Connecticut.) Under Sec–19b, the sulfur in fuel oil limits, in parts per million (ppm), for affected sources are:



### M AXIMUM 

### F UEL 

### S ULFUR 

### C ONTENT



### , BY 

### W EIGHT

Fuel type Effective July 1, 2014 through June 30, 2018 Effective on and after July 1, 2018

Distillate fuel oil or distillate fuel oil blended with biodiesel fuel ................................... 500 ppm (0.05%) ............... 15 ppm (0.0015%). Residual oil or residual oil blended with biodiesel ........................................................ 10,000 ppm (1.0%) ............ 3,000 ppm (0.3%). Aviation fuel combusted in a stationary source ............................................................ 3,000 ppm (0.3%) .............. 3,000 ppm (0.3%). Kerosene ....................................................................................................................... . 400 ppm (0.04%) ............... 15 ppm (0.0015%).

An exemption from the requirements of Sec 19b extends to: (1) Any person combusting fuel in fuel-burning equipment undergoing testing as part of a research and development operation; (2) fuel stored in the state of Connecticut that meets any of the applicable sulfur content limitations at the time it is stored; (3) any fuel stored in Connecticut for shipment, sale or use outside of the State; and (4) to any person who sells, supplies, offers for sale, stores for sale or combusts number two heating oil (home heating oil) subject to the sulfur content limitations of section 16a–21a of the Connecticut General Statutes.

EPA finds that the revised sulfur in fuel limits for stationary sources adopted in Sec–19b are more stringent than the State’s current SIP-approved requirements and will aid in the overall reduction of SO 2 emissions from sources not already subject to limits under Sec– 19a or of the Connecticut General Statutes. Therefore, EPA is approving Sec–19b.

b. Revisions to Section 22a–174–19 ‘‘Control of Sulfur Compound Emissions’’

Sec–19 (previously codified as section 19–508–19 of Connecticut’s regulations) was approved into the Connecticut SIP on November 18, 1981. See 46 FR 56612. The revisions to Sec–19 included in Connecticut’s April 22, 2014 submittal consist of: (1) The removal of Section 22a–174–19(a), ‘‘Fuel combustion’’; (2) revising the term ‘‘sulfur oxides’’ to ‘‘sulfur compound, expressed as sulfur dioxide;’’ and (3) two other minor edits (‘‘0 85’’ is revised to ‘‘0.85’’ and ‘‘0 77’’ is revised to ‘‘0.77’’) throughout the remainder of Sec–19. The previously SIP-approved section Sec–19(a) limited the sale, storage, and use of fuel which contains sulfur in excess of a maximum of one percent (1%) by weight. Revised Sec–19 now only applies to sulfuric acid plants, sulfur recovery plants, nonferrous smelters, sulfite pulp mills, and other

process sources.

The Clean Air Act (CAA) section 110(l) provides that EPA shall not approve any implementation plan revision if it would interfere with any applicable requirement concerning attainment and reasonable progress, or any other applicable requirement of the CAA, i.e. , demonstrate anti-backsliding. EPA finds that the requirements of the removed Sec–19(a) ‘‘Fuel combustion’’ are maintained and incorporated in a more stringent manner into the combination of the more stringent revised Sec–19a ‘‘Control of Sulfur Dioxide Emissions from Power Plants and Other Large Stationary Sources of Air Pollution’’ and the new Sec–19b ‘‘Fuel Sulfur content Limitations forStationary Sources.’’ Therefore, the antibacksliding requirements of section 110(l) have been met. In addition, the revision of the term ‘‘sulfur oxides’’ to ‘‘sulfur compound, expressed as sulfur dioxide’’ is consistent with the previous definition of ‘‘sulfur oxides’’ found in the removed Sec–19(a). For all of the reasons above, EPA is approving Connecticut’s revised Sec–19.

c. Revisions to Section 22a–174–19a ‘‘Control of Sulfur Dioxide Emissions from Power Plants and Other Large Stationary Sources of Air Pollution’’

Sec–19a was approved into the Connecticut SIP on July 10, 2014. See 79 FR 39322. The revisions to Sec–19a included in Connecticut’s April 22, 2014 submittal consist of: (1) The removal of section Sec–19a(c) sulfur dioxide emission standards and fuel sulfur limits effective on and after January 1, 2002; (2) in Sec–19a(e), the removal of a specified January 1, 2003 effective date; and (3) in Sec–19a(i), the allowance of more recent versions of the American Society for Testing and Materials (ASTM) test method D4294 and automatic sampling equipment conformance to ASTM test method D4177–82 or a more recent version of the same method. Our action to remove two of these Connecticut SIP requirements, and revise the third, is discussed below.

The sulfur in fuel limit (0.5% sulfur, by weight) and emission limit (0.55 pound SO 2 per MMBTU) required on or after January 1, 2002 by the removed Sec–19a(c) have been superseded by the more stringent fuel limits (0.3% sulfur, by weight) and emission limit (0.33 pound SO 2 per MMBtu) required under Sec–19(e) which we are approving into the SIP. Similarly, Sec–19a(e) has been revised to remove the reference to a January 1, 2003 commencement date in relation to sulfur limits that are being removed from the SIP.

Revised Sec–19a(i), which we are approving into the SIP, updates the record keeping requirements to allow the use of more recent versions of approved ASTM test methods and requires the owners and operators of the affected units to maintain all sulfur in fuel records on premises for five years. The previous version dictated that records need not be maintained for distillate oil, motor vehicle fuel, aircraft fuel, or gaseous fuel provided such fuels which had a sulfur content below 0.3% by weight. The version we are approving in this action corrects these omissions.


### 33137 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

Connecticut’s revised Section 19a removes outdated requirements while maintaining the same level of SO 2 control as the previous SIP-approved version. Therefore, the CAA’s Section 110(l) anti-backsliding requirement has been met. In addition, EPA finds it appropriate to update the testing and sampling methods to conform to a more recent test method. EPA also finds it appropriate for the above-referenced records to be maintained. Therefore, EPA is approving Connecticut’s revised Sec–19a.

d. Revisions to Section 22a–174–5 ‘‘Methods for Sampling, Emission Testing, and Reporting’’

Section 22a–174–5 (previously codified as Section 19–508–5 of Connecticut’s regulations) was approved into the Connecticut SIP on August 28, 1981. See 46 FR 43418. Section 22a– 174–5(b)(1) was subsequently revised by Connecticut to allow analysis for the sulfur content of liquid fuels to be done according to the American Society for Testing and Materials method D7039. EPA is approving the minor revision to Section 22a–174–5(b)(1) because EPA concurs that it should be an allowable method of analysis.

IV. Final Action

EPA is approving, and incorporating into the Connecticut SIP, the Regulations of Connecticut State Agencies Section 22a–174–19 (as amended and described in Section III.b., above), Section 22a–174–19a(e), Section 22a–174–19a(i), Section 22a–174–19b, and Section 22a–174–5(b)(1), all as published in the Connecticut Law Journal on June 24, 2014. EPA is also removing, without replacement, Section 22a–19a(c), which was previously approved into the SIP. See 40 CFR Section 52.370 (c)(103)(i)(A)(1).

The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should relevant adverse comments be filed. This rule will be effective July 25, 2016 without further notice unless the Agency receives relevant adverse comments by June 24, 2016.

If the EPA receives such comments, then EPA will publish a notice withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on July 25, 2016 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse

comment. V. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Regulations of Connecticut State Agencies described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the **ADDRESSES** section of this preamble for more information). VI. 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 Orders12866 (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). 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, Regional haze, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: November 5, 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—[AMENDED]**

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

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

**Subpart H—Connecticut**

■ 2. Section 52.370 is amended by redesignating paragraph (c)(103)(i)(A)( 2 )


### 33138 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

as (c)(103)(i)(A)( 3 ), adding a new paragraph (c)(103)(i)(A)( 2 ), and adding paragraph (c)(111) to read as follows:

**§ 52.370 Identification of plan.**

* * * * *

(c) * * * (103) * * * (i) * * * (A) * * * ( 2 ) Section 22a–174–19a(c) which was approved in paragraph (c)(103)(i)(A)(1), is removed without replacement; see paragraph (c)(111)(i)(B).

* * * * *

(111) Revisions to the State Implementation Plan submitted by the Connecticut Department of Energy and Environmental Protection on April 22,

2014.

(i) Incorporation by reference. (A) Amendments to Regulations of Connecticut State Agencies (RCSA) as published in the Connecticut Law Journal on June 24, 2014, effective April 15, 2014.

(1) Revised Section 22a–174–19. (2) Revised Section 22a–174–19a(e). (3) Revised Section 22a–174–19a(i). (4) Section 22a–174–19b with the exception of subsection (e), which was not submitted by the State.

(5) Revised Section 22a–174–5(b)(1). (B) RCSA Section 22a–174–19a(c) which was approved in paragraph (c)(103)(i)(A)(1), is removed without replacement.

(ii) Additional materials. [Reserved]

■ 3. In § 52.385, Table 52.385 is amended by adding a new entry for state citation 22a–174–5; adding a new entry for state citation 22a–174–19; revising the entry for 22a–174–19a; and adding an entry for state citation 22a–174–19b in numerical order to read as follows:

**§ 52.385 EPA-approved Connecticut regulations.** 

* * * * *



### TABLE 

### 52.385—EPA-A PPROVED 

### R EGULATIONS

Connecticut state citation Title/subject Dates **Federal Register** citation Section 52.370 Comments/description Date adopted

by state Date approved by EPA

*******22a–174–5 .......... Methods for sampling, emission testing, sampleanalysis and reporting 4/15/14 5/25/16 [Insert **Federal Register**  citation] (c)(111) .. Revision to section 22a–174– 5(b)(1).

******* 22a–174–19 ........ Control of Sulfur Compound Emissions. 4/15/14 5/25/16 [Insert **Federal Register**  citation]. (c)(111) .. Revises section 22a–174–19.

******* 22a–174–19a ...... Control of sulfurdioxide emissions from power plants and other large stationary sources of air pollution. 12/28/00 7/10/14 79 FR 39322 ....... (c)(103) .. Approves the sulfur dioxide emission standards and fuel sulfur limits for units subject to the CT NO X Budget program. The following sections were not submitted as part of the SIP: Sections (a)(5); (a)(8); (a)(11); (d); (e)(4); (f); (g); (h); and in (i)(2) reference to (e)(4).Section 22a–174–19a(c) was repealed by the State of Connecticut effective April 15, 2014and removed from the SIP without replacement effective May 25, 2016. 22a–174–19a ...... Control of sulfurdioxide emissions from power plantsand other stationary sources of air pollution. 4/15/14 5/25/16 [Insert **Federal Register**  citation]. (c)(111) .. Withdraws section 22a–174–19a(c) previously approved in paragraph52.370(c)(103) and revises sections 22a–174–19a(e) and 22a– 174–19a(i).

22a–174–19b ...... Fuel Sulfur Content Limitations for Stationary Sources. 4/15/14 5/25/16 [Insert **Federal Register**  citation]. (c)(111) .. Addition of a new regulation with the exception of subsection (e) which was not submitted by the State.

*******


### 33139 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

[FR Doc. 2016–12120 Filed 5–24–16; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R04–OAR–2015–0798; FRL–9946–77– Region 4]** 

**Air Plan Disapprovals; MS; Prong 4– 2008 Ozone, 2010 NO**  2 **, SO** 2 **, and 2012 PM**  2.5

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is taking final action to disapprove the visibility transport (prong 4) portions of revisions to the Mississippi State Implementation Plan (SIP), submitted by the Mississippi Department of Environmental Quality (MDEQ), addressing the Clean Air Act (CAA or Act) infrastructure SIP requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide (NO 2 ), 2010 1-hour Sulfur Dioxide (SO 2 ), and 2012 annual Fine Particulate Matter (PM 2.5 ) National Ambient Air Quality Standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, commonly referred to as an ‘‘infrastructure SIP.’’ Specifically, EPA is disapproving the prong 4 portions of Mississippi’s May 29, 2012; July 26, 2012; February 28, 2013; June 20, 2013; and December 8, 2015, infrastructure SIP submissions. All other applicable infrastructure requirements for these SIP submissions have been or will be addressed in separate rulemakings.

**DATES :**  This rule will be effective June 24, 2016.

**ADDRESSES :**  EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2015–0798. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information 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 Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person 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 Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Sean Lakeman of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Mr. Lakeman can be reached by telephone at (404) 562–9043 or via electronic mail at lakeman.sean@epa.gov.

**SUPPLEMENTARY INFORMATION :**  I. Background

By statute, SIPs meeting the requirements of sections 110(a)(1) and (2) of the CAA are to be submitted by states within three years after promulgation of a new or revised NAAQS to provide for the implementation, maintenance, and enforcement of the new or revised NAAQS. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of sections 110(a)(1) and 110(a)(2) as ‘‘infrastructure SIP’’ submissions. Sections 110(a)(1) and (2) require states to address basic SIP elements such as the requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the newly established or revised NAAQS. More specifically, section 110(a)(1) provides the procedural and timing requirements for infrastructure SIPs. Section 110(a)(2) lists specific elements that states must meet for the infrastructure SIP requirements related to a newly established or revised NAAQS. The contents of an infrastructure SIP submission may vary depending upon the data and analytical tools available to the state, as well as the provisions already contained in the state’s implementation plan at the time in which the state develops and submits the submission for a new or revised NAAQS.

Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct components, commonly referred to as ‘‘prongs,’’ that must be addressed in infrastructure SIP submissions. The first two prongs, which are codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS in another state (prong 1) and from interfering with maintenance of the NAAQS in another state (prong 2). The third and fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state (prong 3) or from interfering with measures to protect visibility in another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to include provisions insuring compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement.

In a notice of proposed rulemaking (NPRM) published on March 22, 2016 (81 FR 15205), EPA proposed to disapprove the prong 4 portions of Mississippi’s infrastructure SIP submissions for the 2008 8-hour Ozone, 2010 1-hour NO 2 , 2010 1-hour SO 2 , and 2012 annual PM 2.5 NAAQS. The details of Mississippi’s submissions and the rationale for EPA’s actions are explained in the NPRM. Comments on the proposed rulemaking were due on or before April 21, 2016. EPA received no comments on the NPRM.

II. Final Action

EPA is taking final action to disapprove the prong 4 portions of Mississippi’s May 29, 2012, 2008 8-hour Ozone infrastructure SIP submission; July 26, 2012, 2008 8-hour Ozone infrastructure SIP resubmission; February 28, 2013, 2010 1-hour NO 2 infrastructure SIP submission; June 20, 2013, 2010 1-hour SO 2 infrastructure SIP submission; and December 8, 2015, 2012 annual PM 2.5 infrastructure SIP submission. All other outstanding applicable infrastructure requirements for these SIP submissions have been or will be addressed in separate rulemakings. III. Statutory and Executive Order Reviews

Under the CAA, 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 CAA. This action disapproves the prong 4 portions of the aforementioned SIP submissions as not meeting Federal