35636 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 2, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 23, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart II—North Carolina 

■ 2. Section 52.1770(e), is amended by 

adding new entries for ‘‘110(a)(1) and 

(2) Infrastructure Requirements for the 

2008 8-Hour Ozone NAAQS’’, ‘‘110(a)(1) 

and (2) Infrastructure Requirements for 

the 2010 1-hour NO2 NAAQS’’, 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 2010 1-hour SO2

NAAQS’’ and ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2012 

Annual PM2.5 NAAQS’’ at the end of the 

table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision 

State 

effective 

date 

EPA 

approval 

date 

Federal Register 

citation Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for 

the 2008 8-Hour Ozone NAAQS.

11/2/2012 6/3/2016 [Insert citation of publication in Federal 

Register].

Addressing prong 4 of 

section 110(a)(2)(D)(i) 

only. 

110(a)(1) and (2) Infrastructure Requirements for 

the 2010 1-hour NO2 NAAQS.

8/23/2013 6/3/2016 [Insert citation of publication in Federal 

Register].

Addressing prong 4 of 

section 110(a)(2)(D)(i) 

only. 

110(a)(1) and (2) Infrastructure Requirements for 

the 2010 1-hour SO2 NAAQS.

3/18/2014 6/3/2016 [Insert citation of publication in Federal 

Register].

Addressing prong 4 of 

section 110(a)(2)(D)(i) 

only. 

110(a)(1) and (2) Infrastructure Requirements for 

the 2012 Annual PM2.5 NAAQS.

12/4/2015 6/3/2016 [Insert citation of publication in Federal 

Register].

Addressing prong 4 of 

section 110(a)(2)(D)(i) 

only. 

[FR Doc. 2016–13036 Filed 6–2–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0198; FRL–9940–14– 

Region 1] 

Approval and Promulgation of 

Implementation Plans; Connecticut; 

Infrastructure Requirements for Lead, 

Ozone, Nitrogen Dioxide, Sulfur 

Dioxide, and Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

submissions from Connecticut regarding 

the infrastructure requirements of the 

Clean Air Act (CAA or Act) for the 2008 

lead, 2008 ozone, 2010 nitrogen dioxide, 

and 2010 sulfur dioxide National 

Ambient Air Quality Standards 

(NAAQS). EPA is also converting 

conditional approvals for several 

infrastructure requirements for the 1997 

ozone NAAQS and for the 1997 and 

2006 fine particle (PM2.5) NAAQS to full 

approval under the CAA. Furthermore, 

we are conditionally approving 

elements of Connecticut’s infrastructure 

requirements of the CAA regarding 

prevention of significant deterioration 

requirements to treat nitrogen oxides as 

a precursor to ozone and to establish a 

minor source baseline date for PM2.5

emissions. Lastly, EPA is approving 

three statutes submitted by Connecticut 

in support of its demonstration that the 

infrastructure requirements of the CAA 

have been met. The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This rule is effective on July 5, 

2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2015–0198. All documents in the docket 

are listed on the http://

www.regulations.gov Web site, although 

some information, such as confidential 

business information or other 

information whose disclosure is 

restricted by statute is not publically 

available. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available at http://www.regulations.gov 

or at the U.S. Environmental Protection 

Agency, EPA New England Regional 

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Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 35637 

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. 

Copies of the documents relevant to this 

action are also available for public 

inspection during normal business 

hours, by appointment at: Bureau of Air 

Management, Department of Energy and 

Environmental Protection, State Office 

Building, 79 Elm Street, Hartford, CT 

06106–1630. 

FOR FURTHER INFORMATION CONTACT: 

Alison C. Simcox, Environmental 

Scientist, Air Quality Planning Unit, Air 

Programs Branch (Mail Code OEP05– 

02), U.S. Environmental Protection 

Agency, Region 1, 5 Post Office Square, 

Suite 100, Boston, Massachusetts 

02109–3912; (617) 918–1684; 

simcox.alison@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. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

This rulemaking addresses 

submissions from the Connecticut 

Department of Energy and 

Environmental Protection (CT DEEP). 

The state submitted its infrastructure 

SIP for each NAAQS on the following 

dates: 2008 Pb—October 13, 2011; 2008 

ozone—December 28, 2012; 2010 NO2— 

January 2, 2013; and 2010 SO2—May 30, 

2013. This rulemaking also addresses 

certain infrastructure SIP elements for 

the 1997 and 2006 PM2.5 NAAQS for 

which EPA previously issued a 

conditional approval. See 77 FR 63228 

(October 16, 2012). The state submitted 

these infrastructure SIPs on September 

4, 2008, and September 18, 2009, 

respectively. Lastly, this rulemaking 

addresses one infrastructure SIP 

element for the 1997 8-hour ozone 

NAAQS for which EPA previously 

issued a conditional approval. See 76 

FR 40248 (July 8, 2011). The state 

submitted this infrastructure SIP on 

December 28, 2007. 

EPA did not receive any comments, 

adverse or otherwise, in response to the 

Notice of Proposed Rulemaking (NPR). 

See 80 FR 54471 (September 10, 2015). 

II. Final Action 

EPA is approving SIP submissions 

from Connecticut certifying that the 

state’s current SIP is sufficient to meet 

the required infrastructure elements 

under sections 110(a)(1) and 110(a)(2) 

for the 2008 Pb, 2008 ozone, 2010 NO2, 

and 2010 SO2 NAAQS, with the 

exception of certain aspects relating to 

PSD which we are conditionally 

approving. A summary of EPA’s actions 

regarding these infrastructure SIP 

requirements is contained in Table 1 

below. 

TABLE 1—ACTION TAKEN ON CT INFRASTRUCTURE SIP SUBMITTALS FOR LISTED NAAQS 

Element 2008 

Pb 

2008 

Ozone 

2010 

NO2

2010 

SO2

(A): Emission limits and other control measures ............................................. A A A A 

(B): Ambient air quality monitoring and data system ...................................... A A A A 

(C)(i): Enforcement of SIP measures .............................................................. A A A A 

(C)(ii): PSD program for major sources and major modifications ................... A * A * A * A * 

(C)(iii): Permitting program for minor sources and minor modifications ......... A A A A 

(D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS 

(prongs 1 and 2) .......................................................................................... A No action A No action 

(D)(i)(II): PSD (prong 3) ................................................................................... A * A * A * A * 

(D)(i)(II): Visibility Protection (prong 4) ............................................................ A A A A 

(D)(ii): Interstate Pollution Abatement ............................................................. A A A A 

(D)(ii): International Pollution Abatement ......................................................... A A A A 

(E)(i): Adequate resources .............................................................................. A A A A 

(E)(ii): State boards ......................................................................................... A A A A 

(E)(iii): Necessary assurances with respect to local agencies ........................ NA NA NA NA 

(F): Stationary source monitoring system ........................................................ A A A A 

(G): Emergency power .................................................................................... A A A A 

(H): Future SIP revisions ................................................................................. A A A A 

(I): Nonattainment area plan or plan revisions under part D .......................... + + + + 

(J)(i): Consultation with government officials ................................................... A A A A 

(J)(ii): Public notification .................................................................................. A A A A 

(J)(iii): PSD ...................................................................................................... A * A * A * A * 

(J)(iv): Visibility protection ................................................................................ + + + + 

(K): Air quality modeling and data ................................................................... A A A A 

(L): Permitting fees .......................................................................................... A A A A 

(M): Consultation and participation by affected local entities .......................... A A A A 

In the above table, the key is as 

follows: 

A .............................. Approve 

A * ............................ Approve, but conditionally approve aspect relating to NOX as a precursor to ozone and minor source baseline date for 

PM2.5 under the PSD program. 

+ .............................. Not germane to infrastructure SIPs. 

No action ................. EPA is taking no action on this infrastructure requirement. 

NA ........................... Not applicable. 

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35638 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 

With respect to the 1997 and 2006 

PM2.5 NAAQS, EPA is approving 

Connecticut’s infrastructure SIP 

submittal requirements pertaining to 

Elements 110(a)(2)A, D(ii) (interstate 

pollution abatement), and E(ii) (state 

boards) for which a conditional 

approval was previously issued. See 77 

FR 63228, October 16, 2012. Also with 

respect to the 1997 and 2006 PM2.5

NAAQS, EPA is newly conditionally 

approving Connecticut’s submittals 

pertaining to Elements 110(a)(2)C(ii), 

D(i)(II), and J(iii) for the requirements to 

treat NOX as a precursor to ozone and 

to establish a minor source baseline date 

for PM2.5 in the PSD program. 

With respect to the 1997 8-hour ozone 

NAAQS, EPA is approving 

Connecticut’s infrastructure SIP 

submittal requirements pertaining to 

Element 110(a)(2)(D)(ii) (interstate 

pollution abatement) for which a 

conditional approval was previously 

issued. See 77 FR 63228, October 16, 

2012. 

In addition, we are incorporating into 

the Connecticut SIP the following 

Connecticut statutes which were 

included for approval in Connecticut’s 

infrastructure SIP submittals: 

Connecticut General Statutes (CGS) 

Section 1–85 (Formerly Sec. 1–68) 

‘‘Interest in conflict with discharge of 

duties,’’ as published in the General 

Statutes of Connecticut revised to 

January 1, 2015; amended in Public 

Act 89–97 in January 1989, effective 

October 1, 1989; 

CGS Section 22a–171 (Formerly Sec. 

19–507) ‘‘Duties of Commissioner of 

Energy and Environmental 

Protection,’’ as published in the 

General Statutes of Connecticut 

revised to January 1, 2013; amended 

in Public Act 84–546 in 1984, 

effective October 1, 1984; 

CGS Section 16a–21a ‘‘Sulfur content of 

home heating oil and off-road diesel 

fuel. Suspension of requirements for 

emergency,’’ as published in the 

General Statutes of Connecticut 

revised to January 1, 2013, effective 

July 1, 2011. 

As noted in Table 1, EPA is 

conditionally approving Connecticut’s 

commitment for sub-element sections 

110(a)(2)(C)(ii), (D)(i)(II) and (J)(iii) with 

respect to the 2008 Pb, 2008 ozone, 2010 

NO2, and 2010 SO2 NAAQS, as well as 

newly conditionally approving the 

state’s submittals for these sub-elements 

with respect to the 1997 and 2006 PM2.5

NAAQS. In a letter dated August 5, 

2015, Connecticut committed to adopt 

and submit to EPA, one year from the 

publication of this conditional approval, 

regulatory revisions to Connecticut’s 

prevention of significant deterioration 

and new source review permitting 

requirements that meet the requirements 

to treat NOX as a precursor pollutant to 

ozone and to establish a minor source 

baseline date for PM2.5. 

Under section 110(k)(4) of the Act, 

EPA may conditionally approve a plan 

based on a commitment from the State 

to adopt specific enforceable measures 

by a date certain, but not later than one 

year from the date of approval. By this 

date, the State must meet its 

commitment made in its August 5, 2015 

letter to submit revisions to its PSD 

program that fully meet the 

requirements above. If the State fails to 

do so, this action will become a 

disapproval one year from the date of 

publication of final approval. EPA will 

notify the State by letter that this action 

has occurred. At that time, this 

commitment will no longer be a part of 

the approved Connecticut SIP. EPA 

subsequently will publish a document 

in the Federal Register notifying the 

public that the conditional approval is 

converted to a disapproval. If the State 

meets its commitment within the 

applicable time frame, the conditionally 

approved submission will remain a part 

of the SIP until EPA takes final action 

approving or disapproving the new 

submittal. If EPA disapproves the new 

submittal, the conditionally approved 

portions of Connecticut’s Infrastructure 

SIP submittals will also be disapproved 

at that time. If EPA approves the revised 

PSD program submittal, then the 

portions of Connecticut’s infrastructure 

SIP submittals that were conditionally 

approved will be fully approved in their 

entirety. In addition, final disapproval 

of an infrastructure SIP submittal 

triggers the Federal implementation 

plan (FIP) requirement under section 

110(c). 

Other specific requirements of 

infrastructure SIPs and the rationale for 

EPA’s final action on Connecticut’s 

submittals are explained in the NPR and 

will not be restated here. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

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Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 35639 

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 August 2, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: December 3, 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—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 

adding reserved paragraph (c)(111) and 

adding paragraph (c)(112) to read as 

follows: 

§ 52.370 Identification of plan. 

* * * * * 

(c) * * * 

(111) [Reserved] 

(112) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of Energy and 

Environmental Protection on December 

28, 2007; September 4, 2008; September 

18, 2009; October 13, 2011; December 

28, 2012; January 2, 2013; and May 30, 

2013. 

(i) [Reserved.] 

(ii) Additional materials. 

(A) The Connecticut Department of 

Energy and Environmental Protection 

document, ‘‘Adequacy Determination of 

the Connecticut State Implementation 

Plan with Regard to Clean Air Act 

Section 110(a)(1) and (2) for the 8-Hour 

Ozone National Ambient Air Quality 

Standard Program Infrastructure,’’ Final, 

December 28, 2007. 

(B) The Connecticut Department of 

Energy and Environmental Protection 

document, ‘‘Adequacy Determination of 

the Connecticut State Implementation 

Plan for Clean Air Act Section 110(a) 

Infrastructure Elements: 1997 National 

Ambient Air Quality Standard for Fine 

Particulate Matter,’’ Final, September 4, 

2008. 

(C) The Connecticut Department of 

Energy and Environmental Protection 

document, ‘‘Adequacy Determination of 

the Connecticut State Implementation 

Plan with Regard to Clean Air Act 

Section 110(a)(1) and (2) for the 2006 

Fine Particulate Matter National 

Ambient Air Quality Standard,’’ Final, 

September 18, 2009. 

(D) The Connecticut Department of 

Energy and Environmental Protection 

document, ‘‘Request to Withdraw a 

Portion of Connecticut’s PM2.5

Infrastructure Adequacy 

Determination,’’ January 7, 2011. 

(E) The Connecticut Department of 

Energy and Environmental Protection 

document, ‘‘Addendum to the CAA 

§ 110(a)(2)(D)(i)(I) Portion of 

Connecticut’s Infrastructure Submittal 

for the 2006 PM2.5 NAAQS,’’ August 19, 

2011. 

(F) The Connecticut Department of 

Energy and Environmental Protection 

document, ‘‘Adequacy Determination of 

the Connecticut State Implementation 

Plan with Regard to Clean Air Act 

Section 110(a)(1) and 

(2) for the 2008 Lead National 

Ambient Air Quality Standard,’’ Final, 

October 13, 2011. 

(G) The Connecticut Department of 

Energy and Environmental Protection 

document, ‘‘Update to Connecticut 

PM2.5 Infrastructure Submittals,’’ June 

15, 2012. 

(H) The Connecticut Department of 

Energy and Environmental Protection 

document, ‘‘Connecticut State 

Implementation Plan with Regard to the 

Infrastructure Requirements of Clean 

Air Act Section 110(a)(1) and 110(s)(2) 

for the 2008 Ozone National Ambient 

Air Quality Standards, Final, December 

28, 2012. 

(I) The Connecticut Department of 

Energy and Environmental Protection 

document, ‘‘Connecticut State 

Implementation Plan with Regard to the 

Infrastructure Requirements of Clean 

Air Act Section 110(a)(1) and 110(a)(2) 

for the 2010 Nitrogen Dioxide National 

Ambient Air Quality Standards, Final, 

January 2, 2013. 

(J) The Connecticut Department of 

Energy and Environmental Protection 

document, ‘‘Connecticut State 

Implementation Plan for Clean Air Act 

Section 110(a) Infrastructure Elements: 

2010 Sulfur Dioxide National Ambient 

Air Quality Standard, Final, May 30, 

2013. 

(K) The Connecticut Department of 

Energy and Environmental Protection 

letter, ‘‘Supplement to Infrastructure 

State Implementation Plan (SIP) 

Revisions,’’ August 5, 2015. 

■ 3. Section 52.380 is amended by 

adding paragraphs (f), (g), and (h) to 

read as follows: 

§ 52.380 Rules and regulations. 

* * * * * 

Note 1 to paragraphs (f) through (h): 

‘‘state’’ means the state of Connecticut. 

(f) Connecticut General Statutes 

Section 1–85. (Formerly Sec. 1–68). 

Interest in conflict with discharge of 

duties: A public official, including an 

elected state official, or state employee 

has an interest which is in substantial 

conflict with the proper discharge of his 

duties or employment in the public 

interest and of his responsibilities as 

prescribed in the laws of this state, if he 

has reason to believe or expect that he, 

his spouse, a dependent child, or a 

business with which he is associated 

will derive a direct monetary gain or 

suffer a direct monetary loss, as the case 

may be, by reason of his official activity. 

A public official, including an elected 

state official, or state employee does not 

have an interest which is in substantial 

conflict with the proper discharge of his 

duties in the public interest and of his 

responsibilities as prescribed by the 

laws of this state, if any benefit or 

detriment accrues to him, his spouse, a 

dependent child, or a business with 

which he, his spouse or such dependent 

child is associated as a member of a 

profession, occupation or group to no 

greater extent than any other member of 

such profession, occupation or group. A 

public official, including an elected 

state official or state employee who has 

a substantial conflict may not take 

official action on the matter. 

(g) Connecticut General Statutes 

Section 22a–171. (Formerly Sec. 19– 

507). Duties of Commissioner of Energy 

and Environmental Protection: The 

Commissioner of Energy and 

Environmental Protection of the State of 

Connecticut shall: 

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35640 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 

(1) Initiate and supervise programs for 

the purposes of determining the causes, 

effect and hazards of air pollution; 

(2) Initiate and supervise state-wide 

programs of air pollution control 

education; 

(3) Cooperate with and receive money 

from the Federal Government and, with 

the approval of the Governor, from any 

other public or private source; 

(4) Adopt, amend, repeal and enforce 

regulations as provided in Connecticut 

General Statutes Section 22a–174 and 

do any other act necessary to enforce the 

provisions of Connecticut General 

Statutes Chapter 446c and Connecticut 

General Statutes Section 14–164c; 

(5) Advise and consult with agencies 

of the United States, agencies of the 

state, political subdivisions and 

industries and any other affected groups 

in furtherance of the purposes of 

Connecticut General Statutes Chapter 

446c. 

(h) Connecticut General Statutes 

Section 16a–21a. Sulfur content of home 

heating oil and off-road diesel fuel. 

Suspension of requirements for 

emergency. (1)(i) The amount of sulfur 

content of the following fuels sold, 

offered for sale, distributed or used in 

this state shall not exceed the following 

percentages by weight: 

(A) For number two heating oil, threetenths of one per cent; and 

(B) For number two off-road diesel 

fuel, three-tenths of one per cent. 

(ii) Notwithstanding paragraph 

(h)(1)(i) of this section, the amount of 

sulfur content of number two heating oil 

sold, offered for sale, distributed or used 

in this state shall not exceed the 

following percentages by weight: 

(A) For the period beginning July 1, 

2011, and ending June 30, 2014, fifty 

parts per million; and 

(B) On and after July 1, 2014, fifteen 

parts per million. 

(iii) The provisions of paragraph 

(h)(1)(ii) of this section shall not take 

effect until the states of New York, 

Massachusetts and Rhode Island each 

have adopted requirements that are 

substantially similar to the provisions of 

said paragraph (h)(1)(ii). 

(2) As of the date on which the last 

of the states of New York, Massachusetts 

and Rhode Island limits the sulfur 

content of number two heating oil to 

one thousand five hundred parts per 

million, the sulfur content of number 

two heating oil sold, offered for sale, 

distributed or used in this state shall not 

exceed one thousand five hundred parts 

per million. 

(3) As of the date on which the last 

of the states of New York, Massachusetts 

and Rhode Island limits the sulfur 

content of number two heating oil to 

one thousand two hundred fifty parts 

per million, the sulfur content of 

number two heating oil sold, offered for 

sale, distributed or used in this state 

shall not exceed one thousand two 

hundred fifty parts per million. 

(4) As of the date on which the last 

of the states of New York, Massachusetts 

and Rhode Island limits the sulfur 

content of number two heating oil to 

five hundred parts per million, the 

sulfur content of number two heating oil 

sold, offered for sale, distributed or used 

in this state shall not exceed five 

hundred parts per million. 

(5) As of the date on which the last 

of the states of New York, Massachusetts 

and Rhode Island limits the sulfur 

content of number two off-road diesel 

fuel to five hundred parts per million, 

the sulfur content of number two offroad diesel fuel offered for sale, 

distributed or used in this state shall not 

exceed five hundred parts per million. 

(6) The Commissioner of Energy and 

Environmental Protection of the State of 

Connecticut may suspend the 

requirements of subsections (a) to (e), 

inclusive, of this Connecticut General 

Statutes Section 16a–21a if the 

commissioner finds that the physical 

availability of fuel which complies with 

such requirements is inadequate to meet 

the needs of residential, commercial or 

industrial users in this state and that 

such inadequate physical availability 

constitutes an emergency provided the 

commissioner shall specify in writing 

the period of time such suspension shall 

be in effect. 

Note 2 to paragraph (h): EPA has replaced 

the original structure of the CT statute with 

the structure of the CFR and uses 

‘‘paragraph’’ instead of the original statutory 

language of ‘‘subsection’’ and ‘‘subdivision.’’ 

EPA has also replaced the (a)-level of the 

original statute with the (1)-level in the CFR 

and the (1)-level in the original statute with 

the (i)-level in the CFR. 

■ 4. In § 52.385, Table 52.385 is 

amended by adding an entry for Section 

1–85, revising the entry for Section 16a– 

21a, and adding new an entry for 

Section 22a–171 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 

*******

Connecticut General 

Statutes.

Interest in conflict with discharge of duties .... October 1, 

1989.

June 3, 

2016.

[Insert Federal Register citation].c(112) Criteria for identifying 

a conflict of interest. 

Section 1–85.

Connecticut General 

Statutes.

Sulfur content of home heating oil and off 

road diesel fuel. Suspension of requirements for emergency.

July 8, 

2013.

June 3, 

2016.

[Insert Federal Register citation].c(112) Allowable sulfur content of fuels provided. Criteria for 

suspension of requirements identified. 

Section 16a–21a.

Connecticut General 

Statutes.

Duties of Commissioner of Energy and Environmental Protection..October 1, 

1984.

June 3, 

2016.

[Insert Federal Register citation].c(112) Obligations and activities of the Commissioner identified. 

Section 22a–171.

■ 5. Add § 52.386 to read as follows: § 52.386 Section 110(a)(2) infrastructure 

requirements. 

The Connecticut Department of 

Energy and Environmental Protection 

submitted the following infrastructure 

SIPs on these dates: 2008 Pb NAAQS— 

October 13, 2011; 2008 ozone NAAQS— 

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Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 35641 

December 28, 2012; 2010 NO2

NAAQS—January 2, 2013; and 2010 SO2

NAAQS—May 30, 2013. These 

infrastructure SIPs are approved, with 

the exception of certain elements within 

110(a)(2)(C)(ii), D(i)(II), and J(iii), which 

are conditionally approved. Connecticut 

submitted infrastructure SIPs for the 

1997 and 2006 PM2.5 NAAQS on 

September 4, 2008, and September 18, 

2009, respectively, and elements 

110(a)(2)(A), D(ii), and E(ii), which were 

previously conditionally approved, are 

now approved. Also with respect to the 

1997 and 2006 PM2.5 NAAQS, elements 

related to PSD, which include 

110(a)(2)C(ii), D(i)(II), and J(iii) are 

newly conditionally approved. 

Connecticut also submitted an 

Infrastructure SIP for the 1997 8-hour 

ozone NAAQS on December 28, 2007, 

and element 110(a)(2)(D)(ii), which was 

previously conditionally approved, is 

now approved. 

[FR Doc. 2016–12375 Filed 6–2–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R09–RCRA–2015–0822; FRL–9947– 

28–Region 9] 

Nevada: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA received several 

comments during the open comment 

period on the March 23, 2016, proposed 

rule to authorize Nevada’s changes to 

the State Hazardous Waste Management 

program. EPA is responding to one 

comment opposing the action and 

reaffirming the effective date of the 

direct final rule as June 6, 2016. 

DATES: The final authorization is 

effective June 6, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Laurie Amaro, U.S. Environmental 

Protection Agency Region 9, 75 

Hawthorne Street LND–1–1, San 

Francisco, CA 94105, amaro.laurie@

epa.gov, 415–972–3364. 

SUPPLEMENTARY INFORMATION: 

A. What decisions has EPA made in this 

rule? 

On November 25, 2015, and December 

28, 2015, Nevada submitted final 

complete program revision applications 

seeking authorization of changes to its 

hazardous waste program that 

correspond to certain federal rules 

promulgated between July 1, 2005, and 

June 30, 2008, (also known as RCRA 

Clusters XVI through XVIII). EPA 

concludes that Nevada’s application to 

revise its authorized program meets all 

of the statutory and regulatory 

requirements established by RCRA, as 

set forth in RCRA section 3006(b), 42 

U.S.C. 6926(b), and 40 CFR part 271. 

Therefore, EPA grants Nevada final 

authorization to operate as part of its 

hazardous waste program the changes 

listed in Section G of the direct final 

rule (81 FR 15440), as further described 

in the authorization application. 

Nevada has responsibility for 

permitting treatment, storage, and 

disposal facilities within its borders 

(except in Indian country) and for 

carrying out the aspects of the RCRA 

program described in its revised 

program application. New federal 

requirements and prohibitions imposed 

by federal regulations that EPA 

promulgates pursuant to the Hazardous 

and Solid Waste Amendments of 1984 

take effect in authorized states at the 

same time that they take effect in 

unauthorized states. Thus, EPA will 

implement those requirements and 

prohibitions in Nevada, including the 

issuance of new permits implementing 

those requirements, until the State is 

granted authorization to do so. 

B. What is the effect of today’s 

authorization decision? 

The effect of this decision is that the 

changes described in Nevada’s 

authorization application will become 

part of the authorized state hazardous 

waste program and therefore will be 

federally enforceable. Nevada will 

continue to have primary enforcement 

authority and responsibility for its state 

hazardous waste program. EPA retains 

its authorities under RCRA sections 

3007, 3008, 3013, and 7003, including 

its authority to: 

• Conduct inspections, and require 

monitoring, tests, analyses or reports; 

• Enforce RCRA requirements, 

including authorized state program 

requirements, and suspend or revoke 

permits; and 

• Take enforcement actions regardless 

of whether the state has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Nevada is being 

authorized by today’s action are already 

effective and are not changed by today’s 

action. 

C. What were the comments on EPA’s 

proposal and what is EPA’s response? 

On March 23, 2016, EPA published a 

proposed rule (81 FR 15497) and a 

direct final rule (81 FR 15440) to 

authorize Nevada’s November 25 and 

December 28, 2015, applications to 

make revisions to Nevada’s State 

Hazardous Waste Management program 

that correspond to certain federal rules 

promulgated between July 1, 2005, and 

June 30, 2008 (also known as RCRA 

Clusters XVI through XVIII). EPA stated 

that if adverse comments were received 

by May 9, 2016, the rule would be 

withdrawn and not take effect. On May 

9, 2016, EPA received a comment 

opposing approval; however, due to the 

reasons explained below, EPA is not 

withdrawing the direct final rule but 

rather is responding to the comment and 

reaffirming the effective date of June 6, 

2016, of the rule, pursuant to 40 CFR 

271.21(b)(3)(iii)(B). 

EPA received four comments on the 

proposed rule, Nevada: Final 

Authorization of State Hazardous Waste 

Management Program Revisions. Three 

comments stated, ‘‘Good’’ and do not 

require a response. The fourth comment 

stated, ‘‘Instead of not authorizing 

Nevada’s antifreeze recycling program 

(and in the process violate 271.1(h), the 

partial authorization prohibition) EPA 

should instead require the program to be 

amended so it is no less stringent than 

EPAs [sic] requirements. This has been 

wrong since 2009!’’ 

The State of Nevada adopted 

regulations for the ‘‘Recycling of Used 

Antifreeze’’ effective October 3, 1996, at 

NAC 444.8801–9071. These regulations 

are applicable to those categories of 

antifreeze that are recycled and have 

been determined to be hazardous waste 

because they either exhibit a 

characteristic of hazardous waste (i.e., 

the toxicity characteristic) or they are a 

listed hazardous waste in the state of 

their origin, for those categories of 

antifreeze entering Nevada from another 

State (NAC 444.8871). Under the 

Federal code, spent antifreeze destined 

to be recycled, as defined by Nevada, 

would be subject to the requirements of 

40 CFR 261.6(b)–(d) ‘‘Requirements for 

Recyclable Materials.’’ In the Nevada 

regulations at NAC 444.8801–9071, 

spent antifreeze that is recycled is not 

regulated as universal waste, but is 

subject to requirements that are less 

stringent than the Federal regulations at 

40 CFR 261.6(b)–(d). Accordingly, EPA 

cannot authorize Nevada’s regulations 

specific to the recycling of used 

antifreeze. 

However, Nevada has incorporated 

the federal regulations contained in 40 

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