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 


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1Areas 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)). 

2Connecticut 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. 

3Sulfates 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 (SO2) 

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 


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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: 

MAXIMUM FUEL SULFUR CONTENT, BY WEIGHT

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 SO2 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 for 

Stationary 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 SO2 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 SO2 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. 


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Connecticut’s revised Section 19a 

removes outdated requirements while 

maintaining the same level of SO2

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) 


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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-APPROVED REGULATIONS

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, sample 

analysis 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 sulfur 

dioxide 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 

NOX 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, 2014 

and removed from the SIP without replacement effective May 25, 

2016. 

22a–174–19a ...... Control of sulfur 

dioxide emissions from 

power plants 

and 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 paragraph 

52.370(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. 

*******


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

[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 NO2, SO2, and 2012 

PM2.5

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 (NO2), 

2010 1-hour Sulfur Dioxide (SO2), and 

2012 annual Fine Particulate Matter 

(PM2.5) 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 NO2, 2010 1-hour SO2, and 

2012 annual PM2.5 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 NO2

infrastructure SIP submission; June 20, 

2013, 2010 1-hour SO2 infrastructure 

SIP submission; and December 8, 2015, 

2012 annual PM2.5 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 


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