60274 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations 

THRESHOLD LIMIT VALUES OF AIRBORNE CONTAMINANTS FOR CONSTRUCTION

Substance CAS No.d ppm a* mg/m3 b Skin designation 

*******

Silica, crystalline, respirable dust 

Cristobalite; see 1926.1153 ........................................................................................... 14464–46–1 

Quartz; see 1926.1153 5 ................................................................................................ 14808–60–7 

Tripoli (as quartz); see 1926.1153 5 .............................................................................. 1317–95–9 

Tridymite; see 1926.1153 .............................................................................................. 15468–32–3 

* * * * * * * 

MINERAL DUSTS

SILICA: 

Crystalline .......................... 250(k)

Quartz. Threshold Limit calculated from the formula (p) % SiO2 + 5 

* * * * * 

* * * * * 5See Mineral Dusts table for the exposure 

limit for any operations or sectors where the 

exposure limit in § 1926.1153 is stayed or is 

otherwise not in effect. 

* The PELs are 8-hour TWAs unless 

otherwise noted; a (C) designation denotes a 

ceiling limit. 

* * * * * aParts of vapor or gas per million parts of 

contaminated air by volume at 25 °C and 760 

torr. bMilligrams of substance per cubic meter 

of air. When entry is in this column only, the 

value is exact; when listed with a ppm entry, 

it is approximate. 

* * * * * dThe CAS number is for information only. 

Enforcement is based on the substance name. 

For an entry covering more than one metal 

compound, measured as the metal, the CAS 

number for the metal is given—not CAS 

numbers for the individual compounds. 

* * * * * pThis standard applies to any operations 

or sectors for which the respirable crystalline 

silica standard, 1926.1153, is stayed or 

otherwise is not in effect. 

* * * * * 

[FR Doc. 2016–20442 Filed 8–31–16; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0471; A–1–FRL– 

9943–06–Region 1] 

Air Plan Approval; Connecticut; Open 

Burning and Portable Fuel Containers 

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 November 19, 2012. We are 

approving Connecticut’s request to 

remove two regulations from its SIP that 

regulate ‘‘open burning’’ and ‘‘portable 

fuel container spillage control.’’ In place 

of the open burning regulation, we are 

approving into the Connecticut SIP a 

Connecticut statute that controls open 

burning. We are also approving a 

definition of ‘‘brush,’’ which was 

included in a December 14, 2015 SIP 

submittal by Connecticut to meet 

infrastructure requirements of the Clean 

Air Act for the 2012 fine particle (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS). The requirements in the 

Connecticut portable fuel container 

regulation have been superseded by 

federal portable fuel container 

requirements. This action is being taken 

in accordance with the Clean Air Act. 

DATES: This direct final rule will be 

effective October 31, 2016, unless EPA 

receives adverse comments by October 

3, 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–2015–0471 by one of the 

following methods: 

1. http://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–2015–0471,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Quality Planning Unit, 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, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 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 

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–2015– 

0471. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

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 http://

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The http://

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 http://

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 http:// 

www.regulations.gov index. Although 

listed in the index, some information is 


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Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations 60275 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available at http://

www.regulations.gov or at U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, 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: The 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, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, 5 Post Office Square–Suite 100, 

(Mail code OEP05–2), Boston, MA 

02109–3912, telephone number (617) 

918–1684, fax number (617) 918–0684, 

email 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. EPA’s Evaluation of Connecticut’s SIP 

Revisions 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On November 19, 2012, the State of 

Connecticut submitted a formal revision 

to its State Implementation Plan (SIP). 

The SIP revision consists of a request to 

remove two regulations from its SIP that 

regulate open burning (Regulations of 

Connecticut State Agencies (RCSA) 

section 22a–174–17 (formerly section 

19–508–17) and ‘‘portable fuel container 

spillage control’’ (RCSA section 22a– 

174–43), and to add into the SIP a 

statute, Connecticut General Statutes 

(CGS) section 22a–174(f), that regulates 

open burning. 

Open Burning 

Connecticut adopted regulations to 

control open burning in 1972. On May 

31, 1972, EPA approved RCSA section 

19–508–17 ‘‘Control of Open Burning’’ 

into the Connecticut SIP (37 FR 10842). 

In 1983, the state re-codified section 19– 

508–17 as section 22a–174–17 and, 

subsequently, adopted revisions to CGS 

section 22a–174(f) to control open 

burning, effective March 30, 2000. 

Connecticut intended that the statute 

supersede the regulation. Although CGS 

section 22a–174(f) authorizes the 

Connecticut Department of Energy and 

Environmental Protection (CT DEEP) to 

adopt regulations to control open 

burning, the agency did not adopt a new 

regulation and, instead, enforces CGS 

section 22a–174(f) as the state’s sole 

authority for regulation of open burning. 

On September 27, 2011, CT DEEP 

proposed to repeal RCSA section 22a– 

174–17 and held a public hearing on 

November 9, 2011. CT DEEP repealed 

RCSA section 22a–174–17, effective on 

September 10, 2012. On November 19, 

2012, CT DEEP submitted a SIP revision 

to EPA to remove RCSA section 19– 

508–17 ‘‘Control of Open Burning’’ from 

the Connecticut SIP and to replace it 

with a Connecticut statute, CGS section 

22a–174(f). Because implementation of 

this statute depends on having a 

definition of ‘‘brush,’’ Connecticut 

included a definition of this term in its 

December 14, 2015 SIP submittal to 

meet infrastructure requirements of the 

Clean Air Act for the 2012 fine particle 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS). 

Portable Fuel Container Spillage 

Connecticut adopted regulations to 

control portable fuel container spillage 

in 2004. On August 31, 2006, EPA 

approved RCSA section 22a–174–43 

‘‘Portable Fuel Container Spillage 

Control’’ into the Connecticut SIP (71 

FR 51761). In 2007, EPA issued a 

regulation entitled ‘‘Control of 

Hazardous Air Pollutants from Mobile 

Sources’’ (72 FR 8428), which included 

new federal requirements for portable 

fuel containers. See 40 CFR part 59, 

subpart F ‘‘Control of Evaporative 

Emissions from New and In-Use 

Portable Fuel Containers.’’ 

On September 27, 2011, the CT DEEP 

proposed to repeal RCSA section 22a– 

174–43 ‘‘Portable Fuel Container 

Spillage Control’’ and held a public 

hearing on November 9, 2011. CT DEEP 

repealed RCSA section 22a–174–43, 

effective on September 10, 2012. On 

November 19, 2012, CT DEEP submitted 

a SIP revision to EPA to remove RCSA 

section 22a–174–43 ‘‘Portable Fuel 

Container Spillage Control’’ from the 

Connecticut SIP. 

II. EPA’s Evaluation of Connecticut’s 

SIP Revisions 

Open Burning 

The open burning rule, RCSA section 

19–508–17, which is currently in the 

Connecticut SIP, identifies the types of 

open fires that are allowed within state 

boundaries, and the types of fires that 

require a written certificate from the 

Commissioner. Open fires that are 

allowed include barbecues or other 

outdoor open fires for cooking food; 

campfires, bonfires, and other fires for 

ceremonial or recreational purposes; 

fires to abate a fire hazard as directed by 

a responsible fire official; fires in 

devices used by construction or other 

workers for heating purposes; and small 

fires needed for activities such as street 

installation or paving activities and 

repairing utilities. 

Fires that require a written certificate 

from the Commissioner include fires for 

fire-fighting training; fires for preventing 

or controlling diseases or pests, 

including agricultural diseases and 

pests; agricultural burning for vegetation 

management; fires for the disposal of 

dangerous materials where no 

reasonable alternative disposal method 

is available; and other fires which the 

Commissioner determines are necessary 

for protection of public health. 

CGS section 22a–174(f) allows local 

open-burning officials to issue permits 

for open burning on residential property 

and for fire training, insect control, 

agricultural purposes, natural disaster 

clean-up, wildlife habitat and vegetative 

management and ecological 

sustainability. It also allows officials to 

issue permits for open burning of brush 

in municipal landfills, transfer stations 

and municipal recycling centers. Open 

burning of brush is not allowed when 

national or state air quality standards 

may be exceeded, where it may create 

a hazardous health condition, when 

forest fire danger is extreme, where 

woodland or grass land is within 100 

feet of the proposed burn, or where 

prohibited by municipal ordinance. 

Burning of leaves, demolition waste or 

other solid waste in municipal landfills 

is also prohibited. The statute also 

establishes a process for certifying local 

open burning officials. 

Based on a comparison of provisions 

in SIP-approved RCSA section 19–508– 

17 and CGS section 22a–174(f), EPA has 

determined that the statute is at least as 

stringent as the regulation except in one 

regard. CGS section 22a–174(f) includes 

the term ‘‘brush,’’ but does not include 

a definition of this term. Instead of 


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including the definition of brush in the 

statute, Connecticut added ‘‘brush’’ to 

RCSA section 22a–174–1 (definitions), 

effective February 1, 2010: ‘‘Brush’’ 

means shrubs, vegetation or prunings, 

the diameter of which is not greater than 

three inches at the widest point.’’ 

Connecticut included this definition as 

contained in RCSA section 22a–174– 

1(19) as part of the state’s December 14, 

2015 SIP submittal for infrastructure 

requirements for the 2012 PM2.5

NAAQS. Therefore, EPA has determined 

that removing RCSA section 19–508–17 

from the Connecticut SIP and replacing 

it with CGS section 22a–174(f) is 

consistent with the Clean Air Act 

section 110(l) anti-backsliding 

requirements. Accordingly, EPA is 

approving: (1) The removal of RSCA 

section 19–508–17 from the Connecticut 

SIP; (2) the addition of CGS section 22a– 

174(f), submitted on November 19, 

2012, into the Connecticut SIP; and (3) 

the addition of the definition of ‘‘brush’’ 

in RSCA section 22a–174–1, submitted 

on December 14, 2015, into the 

Connecticut SIP. 

Portable Fuel Container Spillage 

The regulation that controls portable 

fuel container spillage presently in the 

Connecticut SIP, RCSA section 22a– 

174–43, was adopted by the state in 

2004, and applies to any person who 

sells, supplies, offers for sale, or 

manufactures a portable fuel container 

or spout for use in Connecticut. In 2007, 

EPA promulgated national evaporative 

emission standards for portable fuel 

containers. EPA’s regulation prohibits 

manufacturers or importers from selling, 

offering for sale, introducing or 

delivering for introduction into 

commerce in the United States, or 

importing, any new portable fuel 

container that is subject to the emissions 

standards of the regulation and is 

manufactured after December 31, 2008, 

unless it is covered by a valid certificate 

of conformity, it is labeled as required, 

and it complies with all of the 

applicable requirements of the 

regulation, including compliance with 

the emissions standards for its useful 

life. After June 30, 2009, no 

manufacturer or importer may sell, offer 

for sale, introduce or deliver into 

commerce in the United States, or 

import any new portable fuel container 

that was manufactured prior to January 

1, 2009 unless it meets the requirements 

of the regulation. 

EPA’s regulation also prohibits 

wholesale distributors from selling, 

offering for sale, or distributing any 

portable fuel container in the United 

States that is subject to the emissions 

standards of the regulation and is 

manufactured after December 31, 2008, 

unless it is covered by a valid certificate 

of conformity and is labeled as required. 

After December 31, 2009, no wholesale 

distributor may sell, offer for sale, or 

distribute in the United States any 

portable fuel container that was 

manufactured prior to January 1, 2009 

unless it meets all of the requirements 

of the regulation. After December 31, 

2009, all new portable fuel containers 

shall be deemed to be manufactured 

after December 31, 2008 unless they are 

in retail inventory. 

Even though the applicability date for 

SIP-approved RCSA section 22a–174–43 

is earlier, May 1, 2004, all fuel 

containers must now (in the year 2016 

and beyond) meet the federal regulation, 

which is as stringent as RCSA section 

22a–174–43. Therefore, EPA has 

determined that removal of RCSA 

section 22a–174–43 from the 

Connecticut SIP is consistent with the 

Clean Air Act section 110(l) antibacksliding requirements and is 

approvable. 

IV. Final Action 

EPA is approving Connecticut’s 

request, submitted to EPA on November 

19, 2012, to remove from the 

Connecticut SIP RCSA section 19–508– 

17 ‘‘Control of Open Burning’’ and 

section 22a–174–43 ‘‘Portable Fuel 

Container Spillage Control.’’ We are also 

incorporating into the Connecticut SIP 

the following Connecticut statute which 

was included in the November 19, 2012 

submittal: Connecticut General Statute, 

Title 446c, Section 22a–174 (Formerly 

Sec. 19–508) ‘‘Powers of the 

commissioner. Regulations. Fees. 

Exemptions. General permits. Appeal of 

commissioner’s action re permit 

applications,’’ (f) ‘‘Open Burning,’’ 

effective March 30, 2000. In addition, 

EPA is approving the definition of 

‘‘brush’’ as contained in RCSA section 

22a–174–1, which was included in 

Connecticut’s December 14, 2015 

submittal to meet infrastructure 

requirements under sections 110(a)(1) 

and 110(a)(2) of the Clean Air Act for 

the 2012 PM2.5 NAAQS. 

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 October 

31, 2016 without further notice unless 

the Agency receives relevant adverse 

comments by October 3, 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 October 31, 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 

Connecticut General Statute, Title 446c, 

Section 22a–174 (Formerly Sec. 19–508) 

‘‘Powers of the commissioner. 

Regulations. Fees. Exemptions. General 

permits. Appeal of commissioner’s 

action re permit applications,’’ (f) 

‘‘Open burning,’’ effective March 30, 

2000, as published in the General 

Statutes of Connecticut, revision of 

1958, revised to January 1, 2015, volume 

8, described in the amendments to 40 

CFR part 52 set forth below. EPA is also 

finalizing the incorporation by reference 

of RCSA section 22a–174–1(19) 

‘‘brush,’’ effective February 1, 2010, as 

published in the State of Connecticut 

General Statutes, revised to January 1, 

2015, described in the amendments to 

40 CFR part 52 set forth below. Note 

that the definition for paragraph (19) in 

the statute that is incorporated by 

reference is the same as the definition 

that became effective in Connecticut on 

February 1, 2010. The EPA has made, 

and will continue to make, these 

documents generally available 

electronically through http://

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 


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Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations 60277 

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 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 31, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 4, 2016. 

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: 

■ a. Removing and reserving paragraph 

(c)(95)(i)(C); and 

■ b. Adding paragraph (c)(113). 

The addition reads as follows: 

§ 52.370 Identification of plan. 

* * * * * 

(c) * * * 

(113) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of Energy and 

Environmental Protection on November 

19, 2012 and December 14, 2015. 

(i) Incorporation by reference. 

(A) Section 19–508–17, ‘‘Control of 

Open Burning,’’ which was approved in 

the March 1972 plan (see paragraph (b)) 

is removed and replaced with the 

following: 

(1) Connecticut General Statute, Title 

22A ‘‘Environmental Protection,’’ 

Chapter 446c ‘‘Air Pollution Control,’’ 

Section 22a–174 ‘‘(Formerly Sec. 19– 

508). Powers of the commissioner. 

Regulations. Fees. Exemptions. General 

permits. Appeal of commissioner’s 

action re permit applications,’’ 

paragraph (f), effective March 30, 2000, 

as published in the General Statutes of 

Connecticut, revision of 1958, revised to 

January 1, 2015, volume 8. 

(2) Regulations of Connecticut State 

Agencies (RCSA) section 22a-174–1 

entitled ‘‘Definitions,’’ revisions to 

Section 22a-174–1(19), as published in 

the Connecticut Law Journal on July 1, 

2014. 

(B) [Reserved] 

(ii) Additional materials. [Reserved] 

■ 3. In § 52.385, Table 52.385 is 

amended by adding entries to existing 

state citations for 22a–174–1, 22a–174– 

17, and 22a–174–43; and adding an 

entry for CGS Section 22a–174(f) to read 

as follows: 

§ 52.385 EPA-approved Connecticut 

regulations. 

* * * * * 


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TABLE 52.385—EPA-APPROVED REGULATIONS

Connecticut state citation Title/subject 

Dates 

Federal 

Register 

citation 

Date Section 52.370 Comments/description 

adopted by 

state 

Date 

approved by 

EPA 

*******

22a–174–1 ................. Definitions ................. 2/1/10 9/1/16 [Insert Federal 

Register citation].

(c)(113) Approved 22a–174–1(19) definition of 

‘‘brush’’ for purposes of Connecticut General Statutes (CGS) Section 22a–174(f); 

see paragraph (c)(113)(A) of this section. 

* * * * * * * 

22a–174–17 (formerly 

19–508–17).

Control of Open 

Burning.

4/4/72 9/1/16 [Insert Federal 

Register citation].

(b)(2) DEEP regulation to control open burning. 

Paragraph (b) was revised 9/1/16 by redesignating paragraph (b) as (b)(1) and 

adding paragraph (b)(2) to read as follows: This rule, formerly known as Section 19–508–17, which was approved in 

paragraph (b)(1), is removed from the 

SIP and replaced by Connecticut General 

Statute (CGS) section 22a–174(f) and 

RCSA section 22a–174–1(19); see paragraph (c)(113)(A) of this section. 

* * * * * * * 

22a–174–43 ............... Portable Fuel Container Spillage Control.5/10/04 9/1/16 [Insert Federal 

Register citation].

(c)(95) DEEP regulation to control portable fuel 

container spillage. Paragraph (c)(95) was 

revised 9/1/16 by removing and reserving 

paragraph (c)(95)(i)(C). 

* * * * * * * 

Connecticut General 

Statute, Title 446c, 

Section 22a–174(f).

Powers of the commissioner. Open 

Burning.

3/30/00 9/1/16 [Insert Federal 

Register citation].

(c)(113) Control of open burning; see paragraph 

(c)(113)(A) of this section. 

[FR Doc. 2016–21012 Filed 8–31–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 661 

[Docket Nos. FTA–2016–0019 & FTA–2016– 

0020] 

Notice of Policy on the Implementation 

of the Phased Increase in Domestic 

Content Under the Buy America Waiver 

for Rolling Stock and Notice of Public 

Interest Waiver of Buy America 

Domestic Content Requirements for 

Rolling Stock Procurement in Limited 

Circumstances 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of final policy and public 

interest waiver. 

SUMMARY: This final policy consists of 

the Federal Transit Administration’s 

(FTA) policy statement regarding its 

implementation of the phased-in 

increase in domestic content for rolling 

stock under the FTA’s Buy America 

statute, as amended by the Fixing 

America’s Surface Transportation 

(FAST) Act. Through this final policy, 

FTA is providing guidance to transit 

agencies and transit vehicle 

manufacturers regarding how they are to 

implement the FAST Act’s statutory 

amendments. Additionally, FTA is 

providing notice of public interest 

waivers of Buy America domestic 

content requirements for rolling stock 

procurements in limited circumstances. 

DATES: The final policy takes effect on 

September 1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Cecelia Comito, Assistant Chief 

Counsel, Office of the Chief Counsel, 

phone: (202) 366–2217, or email, 

Cecelia.Comito@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Proposed Policy Guidance and Public 

Interest Waiver 

A. Proposed Policy 

B. Proposed Public Interest Waiver 

III. Response to Comments 

A. What date controls the percentage of 

domestic content? 

B. How do the new requirements apply to 

options, joint procurements, and 

piggyback procurements? 

C. Do the increased domestic content 

requirements extend to subcomponents? 

D. Do the changes also apply to train 

control, communication, and traction 

power systems? 

E. Does the increase in domestic content 

requirements apply to remanufactured, 

overhauled, or rebuilt transit vehicles? 

F. Do the FAST Act amendments apply to 

passenger ferry vessels? 

G. How do the new rules apply to 

reimported domestic steel and iron? 

H. Will FTA issue public interest waivers 

for vehicle procurements underway 

when the FAST Act was enacted? 

IV. Final Policy Guidance and Public Interest 

Waivers 

A. Final Policy Guidance 

B. Final Public Interest Waivers 

I. Introduction 

This Notice provides guidance and 

clarification to transit agencies and 

transit vehicle manufacturers regarding 

FTA’s implementation of the FAST 

Act’s amendments to 49 U.S.C. 

5323(j)(2)(C). 

Section 3011 of the FAST Act (Pub. L. 

114–94, enacted December 4, 2015) 

amended the rolling stock waiver in 49 

U.S.C. 5323(j)(2)(C) to require a two-step 

increase in the domestic content of 

rolling stock as follows: 

When procuring rolling stock with 

FTA financial assistance (including 

train control, communication, traction 

power, and rolling stock prototypes), the 

cost of components and subcomponents 

produced in the United States for fiscal 

years 2016 and 2017, is more than 60 

percent of the cost of all components of 

the rolling stock; for fiscal years 2018 

and 2019, is more than 65 percent of the 

cost of all components of the rolling 

stock; and for fiscal year 2020 and each 


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