[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Rules and Regulations]
[Pages 38574-38577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18644]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CT26-1-7198; A-1-FRL-5523-2]
Approval and Promulgation of Air Quality Implementation Plans;
Approval of the Carbon Monoxide Implementation Plan Submitted by the
State of Connecticut Pursuant to Sections 186-187 and 211(m)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On September 15, 1995, EPA proposed to approve the State
implementation plans (SIP) submitted by the State of Connecticut for
the purpose of bringing about the attainment of the national ambient
air quality standard (NAAQS) for carbon monoxide (CO). The
implementation plans were submitted by the State to satisfy the
requirements of Sections 187(a)(2)(A), 187(a)(3), 187(a)(7) and 211(m)
of the Clean Air Act for an approvable nonattainment area CO SIP for
Connecticut's portion of the New York-New Jersey-Connecticut CO
nonattainment area. Public comments were solicited on Connecticut's SIP
submittals, which included the CO attainment demonstration, contingency
measures, vehicle miles travelled (VMT) forecasts and the oxygenated
fuels program for Connecticut's portion of the New York-New Jersey-
Connecticut CO nonattainment area, and on EPA's proposed action. No
public comments were received. In this action, EPA is finalizing the
approvals of these SIP revisions. This document also updates 40 CFR
52.372, 52.373, and 52.374.
EFFECTIVE DATE: August 26, 1996.
ADDRESSES: Copies of the SIP revision relevant to this action are
available for public inspection during normal business hours at the
following location: U.S. Environmental Protection Agency, Region I, Air
Quality Planning Unit, One Congress Street, 11th floor, Boston, MA
02203; and the Bureau of Air Management, Department of Environmental
Protection, 79 Elm Street, Hartford, CT 06106.
FOR FURTHER INFORMATION CONTACT: Wing H. Chau, Air Quality Planning
Unit (CAQ), Office of Ecosystem Protection, U.S. Environmental
Protection Agency, Region 1, J.F.K. Federal Building, Boston, MA 02203,
(617) 565-3570.
SUPPLEMENTARY INFORMATION: On January 12, 1993, January 14, 1993 April
7, 1994, and August 1, 1995, the Connecticut Department of
Environmental Protection (DEP) submitted revisions to its State
Implementation Plan (SIP) for air quality. The revisions are designed
to satisfy the requirements of Sections 187(a)(2)(A), 187(a)(3),
187(a)(7) and 211(m) of the Clean Air Act, as amended in 1990 (CAA).
Those States containing CO nonattainment areas with design values
greater than 12.7 parts per million (ppm) were required to submit,
among other things, a State Implementation Plan revision, by November
15, 1992, that contains a forecast of VMT in the nonattainment area for
each year before the year in which the SIP projects the NAAQS for CO to
be attained and an attainment demonstration such that the plan will
provide for attainment by December 31, 1995 for moderate CO
nonattainment areas. The SIP revision is also required to provide for
annual updates of the VMT forecasts along with annual reports regarding
the extent to which the forecasts proved to be accurate. In addition,
these annual reports must contain estimates of actual VMT in each year
for which a forecast was required. The attainment demonstration must
include a SIP control strategy, which is also due by
[[Page 38575]]
November 15, 1992. The SIP control strategy for a given nonattainment
area must be designed to ensure that the area meets the specific annual
emissions reductions necessary for reaching attainment by the deadline.
In addition, section 187(a)(3) requires these areas to implement
contingency measures if any estimate of actual VMT or any updated VMT
forecast for the area contained in an annual report for any year prior
to attainment exceeds the number predicted in the most recent VMT
forecast. Contingency measures are also triggered by failure to attain
the NAAQS for CO by the attainment deadline. Contingency measures must
be submitted with the CO SIP by November 15, 1992. Section 211(m) of
the Act requires states with CO nonattainment areas classified as
moderate or above to submit SIP revisions to implement oxygenated
gasoline programs by November 1, 1992. The oxygenated gasoline program
must require gasoline sold or dispensed in the CMSA encompassing the CO
nonattainment area to contain not less than 2.7 percent oxygen by
weight during the portion of the year in which the area is prone to
high ambient CO levels. This control period is to be determined by the
Administrator, but shall not be less than four months.
On September 15, 1995, (60 FR 47907) EPA proposed approval of the
SIP revisions designed to satisfy the requirements of Sections
187(a)(2)(A), 187(a)(3), 187(a)(7) and 211(m) of the Clean Air Act, as
amended in 1990 (CAA). Among the elements EPA proposed to approve was
Connecticut's oxygenated gasoline program as it applies to the
Southwestern Control Area and that portion of the definition of control
period that applies to the Southwestern Control Area. In a separate
action approving redesignation of the Hartford CO nonattainment area,
EPA approved Connecticut's oxygenated gasoline requirements as they
apply to the Hartford area. EPA is here approving the State's
oxygenated gasoline requirements as they apply to the Southwestern
Control Area, including the control period for this area. In final
action on the New York CO SIP published elsewhere in today's Federal
Register, EPA is determining that the length of the period prone to
high ambient concentrations of CO for the New York-New Jersey-
Connecticut CMSA extends from November 1 through the last day of
February. The scope of the Connecticut oxygenated gasoline program
corresponds with this required control period, thereby satisfying that
element of the section 211(m) requirements. Please refer to the
September 15, 1995, Federal Register (60 FR 47907), the August 31,
1995, technical support document and the New York CO SIP approval for
additional information on this final rule.
Public Comments
The public comment period for the September 15, 1995, (60 FR
47907), notice of proposed rulemaking to approve the SIP revisions
submitted by the State of Connecticut for the purpose of bringing about
the attainment of the National Ambient Air Quality Standard (NAAQS) for
carbon monoxide closed on October 16, 1995, and no comments were
received.
Final Rulemaking Action
The EPA is approving collectively the plan revisions submitted to
EPA for the Connecticut portion of the NY-NJ-CT CO nonattainment area
on January 12, 1993, January 14, 1993, April 7, 1994, and August 1,
1995. Among other things, Connecticut has demonstrated that the
Connecticut portion of the NY-NJ-CT CO nonattainment area will continue
to attain the CO NAAQS through December 31, 1995, the applicable
attainment date.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from review under Executive Order
12866.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
A SIP approval does not create any new requirements, but simply
approve requirements that the State is already imposing. Therefore,
because the federal SIP-approval does not impose any new requirements,
I certify that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the federal-state
relationship under the CAA, preparation of a regulatory flexibility
analysis would constitute federal inquiry into the economic
reasonableness of state action. The CAA forbids EPA to base its actions
concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A., 427
U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2).
As noted, additional submittals for the CO nonattainment areas are
required under Section 186 and 187 of the Act. The EPA will determine
the adequacy of any such submittal as appropriate. Nothing in this
action should be construed as permitting or allowing or establishing a
precedent for any future request for revision to any State
implementation plan. Each request for revision to the State
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
The Administrator's decision to approve or disapprove the SIP
revision will be based on whether it meets the requirements of Section
110(a)(2)(A)-(K) and 110(a)(3) of the Clean Air Act, as amended, and
EPA regulations in 40 CFR Part 51.
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 25,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 175A and
section 187(a)(1) of the Clean Air Act. The rules and commitments
approved in this action may bind State, local and tribal governments to
perform certain actions and also may ultimately lead to the private
sector being required to certain duties. To the extent that the
imposition of any mandate upon the State, local or tribal governments
either as the owner or operator of a source or as mandate upon the
private sector, EPA's action will impose no new requirements under
State law; such sources are already subject to these requirements under
State law. Accordingly, no additional costs to State, local, or tribal
governments, or to the private sector, results from this action. EPA
has also determined that this final action does not include a mandate
that may result in estimated costs of $100 million or more to State,
[[Page 38576]]
local, or tribal governments in the aggregate or to the private sector.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of this rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
List of Subjects in 40 CFR Part 52
Incorporation by reference, Environmental protection, Air pollution
control, Carbon monoxide, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: June 7, 1996.
John P. DeVillars,
Regional Administrator, EPA-Region 1.
Title 40 of the Code of Federal Regulations, chapter I, part 52 is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart H-Connecticut
2. Section 52.370 is amended by adding paragraph (c)(71) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(71) Revisions to the Connecticut State Implementation Plan (SIP)
for carbon monoxide concerning the control of carbon monoxide from
mobile sources, dated January 12, 1993, January 14, 1993, April 7,
1994, and August 1, 1995 submitted by the Connecticut Department of
Environmental Protection (CT DEP).
(i) Incorporation by reference.
(A) Letter dated August 1, 1995 which included the amendments and
revisions to the Regulation of Connecticut State Agencies (RCSA),
Section 22a-174-28(a) regarding the definition for the Southwestern
Control Area and that portion of the definition of ``control period''
that applies to the Southwestern Control Area with an effective date of
July 26, 1995.
(ii) Additional materials.
(A) January 12, 1993 and April 7, 1994, VMT forecasts beginning
with the year 1993 and including all subsequent years up to the year of
attainment (1995).
(B) January 12, 1993 and April 7, 1994, Carbon Monoxide Attainment
Demonstration and Contingency Measures.
3. Section 52.372 is removed and reserved.
Sec. 52.372 [Removed and reserved]
4. Section 52.373 is revised to read as follows:
Sec. 52.373 Approval status.
(a) The Administrator approves the general procedures of the
state's sulfur control regulations (19-508-19) and accompanying
narrative submitted on October 23, 1981, and November 4, 1981 and
identified under Sec. 52.370(c)(18), provided that any individual
source approvals granted by the state under the Air Pollution Control/
Energy Trade Option and solid fuel burning permitting system are
submitted to EPA as SIP revisions.
(b) The Administrator approves the total suspended particulate
regulation for foundry sand processes as submitted and identified under
paragraph (c)(22) of this section. This includes only the requirement
to remove ninety percent of the particulate matter and not the
requirement to emit not more than 0.75 pounds of particulate per ton of
material cast, a provision which may be found in state regulation 19-
508-18(f)(3).
5. Section 52.374 is amended by revising the table to read as
follows:
Sec. 52.374 Attainment dates for national standards.
* * * * *
Attainment Dates Established By Clean Air Act of 1990
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Pollutant
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Air quality control region SO2
and nonattainment area ---------------------------- PM-10 NO2 CO O3
Primary Secondary
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AQCR 41: Eastern Connecticut
Intrastate:
Middlesex County (part)
All portions except
cities and towns in
Hartford Area.......... (a) (b) (a) (a) (a) (a)
New London County....... (a) (b) (a) (a) (a) (a)
Tolland County (part)
All portions except
cities and towns in
Hartford Area.......... (a) (b) (a) (a) (a) (e)
Windham County.......... (a) (b) (a) (a) (a) (e)
AQCR 42: Hartford-New Haven-
Springfield Interstate:
Hartford-New Britian-
Middletown Area
Hartford County
(part) See 40 CFR
81.307............. (a) (b) (a) (a) (d) (e)
Litchfield County
(part) See 40 CFR
81.307............. (a) (b) (a) (a) (d) (e)
Middlesex County
(part) See 40 CFR
81.307............. (a) (b) (a) (a) (d) (e)
Tolland County
(part) See 40 CFR
81.307............. (a) (b) (a) (a) (d) (e)
New Haven-Meriden-
Waterbury Area
Fairfield County
(part) See 40 CFR
81.307............. (a) (b) (a) (a) (c) (e)
Litchfield County
(part) See 40 CFR
81.307............. (a) (b) (a) (a) (c) (e)
New Haven County
All portions
except City of
New Haven...... (a) (b) (a) (a) (c) (e)
City of New
Haven.......... (a) (b) (a) (a) (c) (e)
AQCR 43: NY-NJ-CT
Interstate:
New York-N. New Jersey-
Long Island Area
Fairfield County
(part) See 40 CFR
81.307............. (a) (b) (a) (a) (c) (e)
Litchfield County
(part) See 40 CFR
81.307............. (a) (b) (a) (a) (c) (e)
AQCR 44: Northwestern
Connecticut Intrastate
Hartford County (part)
Hartland Township...... (a) (b) (a) (a) (a)
[[Page 38577]]
Litchfield County (part)
All portions except
cities and towns in
Hartford, New Haven,
and New York Areas..... (a) (b) (a) (a) (a) (e)
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(a) Air quality levels presently below primary standards or area is unclassifiable.
(b) Air quality levels presently below secondary standards or area is unclassifiable.
(c) November 15, 1995.
(d) December 31, 1995.
(e) November 15, 1999.
(f) November 15, 2007.
(g) December 31, 1995 (one-year extension granted).
6. Section 52.376 is amended by adding paragraph (c) to read as
follows:
Sec. 52.376 Control strategy: Carbon monoxide.
* * * * *
(c) Approval-On January 12, 1993 and April 7, 1994, the Connecticut
Department of Environmental Protection submitted revisions to the
carbon monoxide State Implementation Plan for VMT forecasts,
contingency measures, and attainment demonstration for CO. These VMT
forecasts, contingency measures, and attainment demonstration were
submitted by Connecticut to satisfy Federal requirements under sections
187(a)(2)(A), 187(a)(3) and 187(a)(7) of the Clean Air Act, as amended
in 1990, as revisions to the carbon monoxide State Implementation Plan.
[FR Doc. 96-18644 Filed 7-24-96; 8:45 am]
BILLING CODE 6560-50-P
