97-7688. Clean Air Act Approval and Promulgation of State Implementation Plans; Connecticut: PM10 Prevention of Significant Deterioration Increments; and Approval of a Second 1-Year Extension of PM10 Attainment Date for New Haven  

  • [Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
    [Rules and Regulations]
    [Pages 14327-14332]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-7688]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    
    [CT27-1-7200a; A-1-FRL-5667-4]
    
    
    Clean Air Act Approval and Promulgation of State Implementation 
    Plans; Connecticut: PM10 Prevention of Significant Deterioration 
    Increments; and Approval of a Second 1-Year Extension of PM10 
    Attainment Date for New Haven
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: EPA is fully approving a State Implementation Plan (SIP) 
    revision submitted by the State of Connecticut, which replaces the 
    total suspended particulate (TSP) prevention of significant (PSD) 
    increments with increments for PM10 (particulate matter with an 
    aerodynamic diameter less than or equal to a nominal 10 micrometers). 
    EPA is also fully approving Connecticut's request for a second 1-year 
    extension of the attainment date for the New Haven PM10 nonattainment 
    area, based on monitored air quality data for the national ambient air 
    quality standard for PM10 during the years 1993-95. These actions are 
    being taken under the Clean Air Act.
    
    DATES: This action is effective on May 27, 1997, unless adverse or 
    critical comments are received by April 25, 1997. If the effective date 
    is delayed, timely notice will be published in the Federal Register.
    
    ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
    Office of Ecosystem Protection, EPA-Region 1, JFK Federal Building 
    (CAA), Boston, MA 02203. Copies of the documents relevant to this 
    action are available for public inspection by appointment during normal 
    business hours at the following locations: Office of Ecosystem
    
    [[Page 14328]]
    
    Protection, EPA-Region 1, One Congress Street, 11th Floor, Boston, MA 
    02203; Bureau of Air Management, Department of Environmental 
    Protection, State Office Building, 79 Elm Street, Hartford, CT 06106; 
    and Air and Radiation Docket and Information Center, 401 M Street, SW, 
    Washington, DC 20460.
    
    FOR FURTHER INFORMATION CONTACT: Jeff Butensky at (617) 565-3583 or 
    butensky.jeff@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
    PM10 PSD Increments
    
        Section 107(d) of the 1977 Amendments to the Clean Air Act 
    authorized each State to submit to the Administrator a list identifying 
    those areas which (1) do not meet a national ambient air quality 
    standard (NAAQS) (nonattainment areas), (2) cannot be classified on the 
    basis of available ambient data (unclassifiable areas), and (3) have 
    ambient air quality levels better than the NAAQS (attainment areas). In 
    1978, the EPA published the original list of all area designations 
    pursuant to section 107(d)(2) (commonly referred to as ``Section 107 
    areas''), including those designations for total suspended particulates 
    (TSP), in 40 CFR Part 81.
        One of the purposes stated in the Act for the Section 107 areas is 
    for implementation of the statutory requirements for PSD. The PSD 
    provisions of Part C of the Act generally apply in all Section 107 
    areas that are designated attainment or unclassifiable [40 CFR 
    52.21(i)(3)]. Under the PSD program, the air quality in an attainment 
    or unclassifiable area is not allowed to deteriorate beyond prescribed 
    maximum allowable increases in pollutant concentrations (i.e., 
    increments).
        EPA revised the primary and secondary NAAQS for particulate matter 
    on July 1, 1987 (52 FR 24634), eliminating TSP as the indicator for the 
    NAAQS and replacing it with the PM10 indicator. However, EPA did not 
    delete the Section 107 areas for TSP listed in 40 CFR Part 81 at that 
    time because there were no increments for PM10 promulgated at that 
    time.1 States were required to continue implementing the TSP 
    increments in order to prevent significant deterioration of particulate 
    matter air quality until the PM10 increments replaced the TSP 
    increments.
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        \1\ The EPA did not promulgate new PM10 increments 
    simultaneously with the promulgation of the PM10 NAAQS. Under 
    Sec. 166(b) of the Act, EPA is authorized to promulgate new 
    increments ``not more than 2 years after the date of promulgation of 
    * * * standards.'' Consequently, EPA temporarily retained the TSP 
    increments, as well as the Section 107 areas for TSP.
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        EPA promulgated PSD increments for PM10 on June 3, 1993. (See 58 FR 
    31622-31638.) EPA promulgated revisions to the Federal PSD permitting 
    regulations in 40 CFR 52.21, as well as the PSD permitting requirements 
    that State programs must meet in order to be approved into the SIP in 
    40 CFR 51.166. EPA or States with delegated State programs were 
    required to begin implementation of the increments by June 3, 1994. The 
    implementation date for States with SIP-approved PSD permitting 
    programs (including Connecticut) would be the date on which EPA 
    approves each revised State PSD program containing the PM10 increments. 
    In accordance with 40 CFR 51.166(a)(6)(i), each State with SIP-approved 
    PSD programs was required to adopt the PM10 increment requirements 
    within nine months of the effective date (or by March 3, 1995).
        The PM10 PSD increments were set at the following levels: 4 
    g/m3 (annual arithmetic mean) and 24 g/m3 
    (24-hour maximum) for Class I areas, 17 g/m3 (annual 
    arithmetic mean) and 30 g/m3 (24-hour maximum) for Class 
    II areas, and 34 g/m3 (annual arithmetic mean) and 60 
    g/m3 (24-hour maximum) for Class III areas. There are no 
    Class I or III areas in Connecticut.
        The implementation of the PM10 increments will utilize the existing 
    baseline dates and areas for particulate matter. As such, particulate 
    matter increments, measured as PM10, already consumed since the 
    original baseline dates established for TSP will continue to be 
    accounted for, but all future calculations of the amount of increments 
    consumed will be based on PM10 emissions beginning on the 
    implementation date of the PM10 increments (that is, today, the date of 
    EPA approval for Connecticut). For further information regarding the 
    PM10 increments, see the June 3, 1993 Federal Register.
        The requirements in 40 CFR 51.166 regarding prevention of 
    significant deterioration consist of three elements. First, the State 
    must conduct an increment consumption analysis for new major sources 
    and modifications. Second, the State must review the potential 
    increment consumption from minor point, area, and mobile source. 
    Finally, the State must commit to a State implementation plan revision 
    upon identification of any increment violation. As discussed below, 
    these requirements have been fulfilled by the State of Connecticut.
    
    Clean Air Act Nonattainment Requirements: EPA Actions Concerning 
    Designation and Classification
    
        On the date of enactment of the Clean Air Act Amendments of 1990 
    (`the Act'), PM10 areas meeting the qualifications of Sec. 107(d)(4)(B) 
    of the Act were designated nonattainment by operation of law. [See 
    generally, 42 U.S.C. Sec. 7407(d)(4)(B).] These areas included all 
    former Group I areas and any other areas violating the PM10 standards 
    prior to January 1, 1989. On October 31, 1990 (55 FR 45799), EPA 
    redefined a Group I area for Connecticut as the City of New Haven; the 
    remainder of the state was designated as Group III. Subsequently, after 
    enactment of the Act on November 15, 1990, New Haven was designated 
    moderate nonattainment for PM10 in 56 FR 11101 (March 15, 1991). All 
    other areas not designated nonattainment at enactment were designated 
    unclassifiable.
        States containing areas which were designated as moderate 
    nonattainment by operation of law under Sec. 107(d)(4)(B) were required 
    to develop and submit SIPs to provide for the attainment of the PM10 
    NAAQS. Under section 189(a)(2), those SIP revisions were to be 
    submitted within 1 year of enactment of the Act (November 15, 1991). 
    The SIP revisions were to provide for implementation of reasonable 
    available control measures/technology (RACM/RACT) by December 10, 1993 
    and attainment of the PM10 NAAQS by December 31, 1994.
    
    Reclassification as Serious Nonattainment
    
        EPA has the responsibility, under sections 179(c) and 188(b)(2) of 
    the Act, of determining within 6 months after December 31, 1994 whether 
    initial moderate PM10 nonattainment areas have attained the NAAQS. 
    Section 179(c)(1) of the Act provides that these determinations are to 
    be based upon an area's ``air quality as of the attainment date,'' and 
    section 188(b)(2) is consistent with this requirement. EPA will make 
    the determinations of whether an area's air quality is meeting the PM10 
    NAAQS based upon air quality data gathered at monitoring sites in the 
    nonattainment area and entered into the Aerometric Information 
    Retrieval System (AIRS). This data will be reviewed to determine the 
    area's air quality status in accordance with EPA guidance at 40 CFR 
    Part 50, Appendix K.
        According to Appendix K, attainment of the annual PM10 standard is 
    achieved when the annual arithmetic mean PM10 concentration is equal to 
    or less than 50 g/m3. Attainment of the
    
    [[Page 14329]]
    
    24-hour standard is determined by calculating the expected number of 
    exceedences of the 150 g/m3 limit per year. The 24-hour 
    standard is attained when the expected number of exceedences is 1.0 or 
    less. A total of 3 consecutive years of clean air quality data is 
    generally necessary to show attainment of the 24-hour and annual 
    standards for PM10. A complete year of air quality data, as referred to 
    in 40 CFR Part 50, Appendix K, is comprised of all 4 calendar quarters 
    with each quarter containing data from at least 75 percent of the 
    scheduled sampling days.
        Under Sec. 188(b)(2) a moderate area shall be reclassified as 
    serious by operation of law after the statutory attainment date if the 
    Administrator determines that the area has failed to attain the NAAQS. 
    Under section 188(b)(2)(B) of the Act, the EPA must publish a notice in 
    the Federal Register identifying those areas which failed to attain the 
    standard and must be reclassified as serious by operation of law.
    
    Application for a 1-year Extension of the Attainment Date
    
        If the State does not have the necessary number of consecutive 
    clean years of data to show attainment of the NAAQS, a State may apply 
    for an extension of the attainment date. Pursuant to Sec. 188(d) of the 
    Act, a State may apply for and EPA may grant a 1-year extension of the 
    attainment date if the State has: (1) Complied with the requirements 
    and commitments pertaining to the applicable implementation plan for 
    the area, and (2) the area has measured no more than 1 exceedence of 
    the 24-hour PM10 standard in the year preceding the extension year, and 
    the annual mean concentration of PM10 in the area for such year is less 
    than or equal to the standard. In addition, as discussed below, the EPA 
    will consider the state's PM planning progress for the area. If the 
    State does not have the requisite number of years of clean air quality 
    data to show attainment and does not apply or does not qualify for an 
    attainment date extension, the area will be reclassified as serious by 
    operation of law. Connecticut applied for and was granted a 1-year 
    extension of the attainment date for New Haven, effective November 11, 
    1995. (See 60 FR 47097, September 11, 1995.)
        If an extension is granted, at the end of the extension year, EPA 
    will again determine whether the area has attained the PM10 NAAQS. If 
    the State still does not have 3 consecutive years of clean air quality 
    data, it may apply for a second 1-year extension of the attainment 
    date. In order to qualify for the second 1-year extension of the 
    attainment date, the State must satisfy the same requirements listed 
    above for the first extension. In addition, EPA will consider the 
    State's PM10 planning progress for the area in a manner similar to its 
    evaluation of the first extension request. However, EPA may grant no 
    more than two 1-year extensions of the attainment date to a single 
    nonattainment area. [See Section 188(d) of the Act.]
        Section 188(d) of the Act provides that the Administrator ``may'' 
    extend the attainment date for areas that meet the minimum requirements 
    specified above. The provision does not dictate or compel that EPA 
    grant extensions to such areas. In exercising this discretionary 
    authority for PM10 nonattainment areas, EPA will examine the air 
    quality planning progress made in the moderate area. EPA will be 
    disinclined to grant an attainment date extension unless a State has, 
    in substantial part, addressed its moderate PM10 planning obligations 
    for the area. In order to determine whether the State has substantially 
    met these planning requirements the EPA will review the States 
    application for the attainment date extension to determine whether the 
    State has: (1) Adopted and substantially implemented control measures 
    submitted to address the requirement for implementing RACM/RACT in the 
    moderate nonattainment area; and (2) that reasonable further progress 
    is being met for the area. RFP for PM10 nonattainment areas is 
    determined to be linear emissions reductions made on an annual basis 
    which will provide progress toward the eventual attainment of the NAAQS 
    in the area.
    
    Summary of Connecticut's PM10 PSD Increment SIP Revision
    
        In this section, EPA is acting on revisions to the PSD permitting 
    program for the State of Connecticut. Specifically, Connecticut DEP is 
    amending Subsection 22a-174-3(k) to replace the TSP increments with the 
    federal increments for PM10. All other regulations and requirements 
    necessary for full implementation of the PSD program for PM10 are 
    already in place.
        In accordance with the requirements in 40 CFR 51.66, Connecticut 
    DEP is also committing to implementation of the following program 
    elements for the protection of the particulate matter increments: 
    increment consumption analyses for new major sources and major 
    modifications; reviews of potential increment consumption from minor 
    point, area, and mobile sources; and a SIP revision upon identification 
    of an increment violation. The major source baseline date (January 6, 
    1975) and the minor source baseline date (established in Connecticut on 
    June 7, 1988), both for particulate matter measured as TSP, will remain 
    the same for PM10. All of Connecticut, except the City of New Haven, is 
    currently considered a Class II attainment area. New Haven is currently 
    classified as nonattainment for PM10. The PSD program for particulate 
    matter does not apply to the City of New Haven until that area is 
    reclassified to attainment. Meanwhile, new major sources or major 
    modifications proposing to locate in the City of New Haven will be 
    required to comply with the nonattainment provisions of Subsection 22a-
    174-3(l) of the Regulations of Connecticut State Agencies.
    
    Procedural Background Regarding the PM10 PSD Increment SIP Revision
    
        The Act requires States to observe certain procedural requirements 
    in developing implementation plans and plan revisions for submission to 
    EPA. Section 110(a)(2) of the Act provides that each implementation 
    plan submitted by a State must be adopted after reasonable notice and 
    public hearing. Section 110(l) of the Act similarly provides that each 
    revision to an implementation plan submitted by a State under the Act 
    must be adopted by such State after reasonable notice and public 
    hearing.
        EPA also must determine whether a submittal is complete and 
    therefore warrants further EPA review and action. [See Section 
    110(k)(1) and 57 13565, April 16, 1992.] The EPA's completeness 
    criteria for SIP submittals are set out at 40 CFR Part 51, Appendix V. 
    The EPA attempts to make completeness determinations within 60 days of 
    receiving a submission. However, a submittal is deemed complete by 
    operation of law under Section 110(k)(a)(B) if a completeness 
    determination is not made by EPA within six months after receipt of the 
    submission.
        The State of Connecticut held a public hearing on August 23, 1994 
    to entertain public comment on the PSD SIP revision. On January 13, 
    1995, the Commissioner of the Connecticut Department of Environmental 
    Protection (the Governor's designee) submitted revisions to Subsection 
    22a-174-3(k) of the Regulations of Connecticut Agencies to incorporate 
    the federal PM10 PSD increments into the SIP and insure that all 
    elements for the federal PSD program for particulate matter are 
    adopted.
        EPA reviewed to Connecticut DEP's SIP revision to determine 
    completeness
    
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    shortly after their submittal, in accordance with the completeness 
    criteria referenced above. In a letter dated March 28, 1995, EPA-Region 
    1 informed the Connecticut Governor's designee that the submittal was 
    determined complete and explained how the review and approval process 
    would proceed.
    
    Summary of Connecticut's Extension Request
    
        On March 22, 1996, the Connecticut Department of Environmental 
    Protection (Connecticut DEP) submitted a request for second 1-year 
    extension of the attainment date for the New Haven initial moderate 
    PM10 nonattainment area.
        EPA's Air Quality Strategies and Standards Division (AQSSD) has 
    prepared a guidance titled ``Criteria for Granting 1-Year Nonattainment 
    Area Attainment Dates, Making Attainment Determinations, and Reporting 
    on Quantitative Milestones'' (November 14, 1994 memorandum from AQSSD 
    Director Sally Shaver) which outlines how to assess the adequacy of 
    requests for a 1-year extension of the attainment date. The rationale 
    for EPA's approval action are detailed in the Technical Support 
    Document (TSD), dated May 10, 1996. In summary, Connecticut has 
    fulfilled the specific elements of the Clean Air Act and that guidance 
    as follows:
        Upon application by any state, EPA may extend for one additional 
    year if the State fulfilled two requirements under section 188 (d) of 
    the Clean Air Act. First, a state must have complied with all 
    requirements and commitments pertaining to the area in the applicable 
    implementation plan. Secondly, no more than one exceedance of the 24 
    hour standard can occur in the area in the year proceeding the 
    extension year, and the annual mean concentration of PM10 in the area 
    for such year must be less than or equal to the standard level. 
    Connecticut has fulfilled these two basic requirements.
        Connecticut is implementing the EPA-approved PM10 SIP. 
    Connecticut's PM10 attainment plan and contingency measures were 
    approved by EPA on September 11, 1995 (60 FR 47076). Connecticut's 
    PM10 attainment plan demonstrated that the implementation of RACM 
    was sufficient to attain and maintain the PM10 NAAQS. Furthermore, 
    Connecticut has demonstrated that RACT/RACM, embodied in 7 consent 
    orders, have been adopted and submitted in the form of a SIP revision 
    and are being implemented for New Haven. New Haven has monitored no 
    more than 1 exceedence during 1995, the year preceding the extension 
    year.2 Connecticut's extension request states that indeed the area 
    recorded no exceedences of the PM10 NAAQS in 1995, and is complying 
    with the applicable state implementation plan. Furthermore, real 
    emissions reductions have been achieved.3
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        \2\ Section 189(c) requires that Part D SIPs include 
    quantitative milestones to document RFP towards attainment. Every 3 
    years until EPA redesignates an area to attainment, States must 
    report on whether milestones have been met. Connecticut's SIP 
    commits CT DEP to submit quantitative milestone and RFP reports to 
    EPA every 3 years. For initial moderate PM10 nonattainment 
    areas, the emissions reductions made between SIP submittal and the 
    attainment date will satisfy the first quantitative milestone. (See 
    General Preamble 57 FR 13539.) Since EPA believes it is reasonable 
    to key the first milestone to the SIP revision containing control 
    measures which will result in emission reductions and since the 
    PM10 attainment date was less than 3 years from the actual 
    submittal date of CT DEP's SIP revision, CT DEP submitted--and EPA 
    is accepting--the emissions reductions associated with the New Haven 
    PM10 Attainment Plan SIP revision (approved by EPA effective 
    November 11, 1995) as meeting RFP and the first quantitative 
    milestone for New Haven. (See TSD dated May 10, 1996.)
        \3\ A review of the PM10 air quality data for New Haven 
    shows air quality monitors for this area monitored 4 exceedences of 
    the 24-hour PM10 NAAQS during the 3-year period from 1993 to 
    1995. All exceedences occurred in 1993 at the Yankee Gas monitor 
    site (AIRS Site ID 09-009-0021). The area did not have any 
    exceedences of the PM10 NAAQS in 1995.
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        In addition to meeting the two statutory requirements, Connecticut 
    has made the planning progress required by EPA guidance. Connecticut 
    has demonstrated that RACT/RACM, embodied in 7 consent orders, have 
    been adopted and submitted in the form of a SIP revision and are being 
    implemented for New Haven. Furthermore, real emissions reductions have 
    been achieved.
        For further details regarding Connecticut's extension request and 
    how it meets EPA's requirements, the reader should refer to the TSD 
    dated May 10, 1996, on file at EPA's Region I office (contact listed 
    above).
    
    II. Final Action
    
        EPA is approving the SIP revision regarding PM10 PSD 
    permitting and the second 1-year extension of the PM10 attainment 
    date for New Haven, as submitted by the State of Connecticut.
        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 a separate document in this Federal 
    Register publication, the EPA is proposing to approve the SIP revision 
    should adverse or critical comments be filed. This action will be 
    effective May 27, 1997 unless, by April 25, 1997, adverse or critical 
    comments are received.
        If the EPA receives such comments, this action will be withdrawn 
    before the effective date by publishing a subsequent document that will 
    withdraw the final action. All public comments received will be 
    addressed in a subsequent final rule based on this action serving as a 
    proposed rule. The EPA will not institute a second comment period on 
    this action. Any parties interested in commenting on this action should 
    do so at this time. If no such comments are received, the public is 
    advised that this action will be effective May 27, 1997.
        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.
    
    III. Administrative Requirements
    
    A. Executive Order 12866
    
        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 E.O. 12866 review.
    
    B. Regulatory Flexibility Act
    
        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.
        SIP approvals under sections 110 and 301, and subchapter I, part D 
    of the CAA do 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
    
    [[Page 14331]]
    
    Federal-State relationship under the CAA, preparation of a flexibility 
    analysis would constitute Federal inquiry into the economic 
    reasonableness of state action. The Clean Air Act forbids EPA to base 
    its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
    EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    
    C. Unfunded Mandates
    
        Under Sections 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
    must prepare a budgetary impact statement to accompany any proposed or 
    final rule that includes a Federal mandate that may result in estimated 
    costs to State, local, or tribal governments in the aggregate; or to 
    the private sector, of $100 million or more. Under Section 205, EPA 
    must select the most cost-effective and least burdensome alternative 
    that achieves the objectives of the rule and is consistent with 
    statutory requirements. Section 203 requires EPA to establish a plan 
    for informing and advising any small governments that may be 
    significantly or uniquely impacted by the rule.
        EPA has determined that the approval action promulgated does not 
    include a Federal mandate that may result in estimated costs of $100 
    million or more to either State, local, or tribal governments in the 
    aggregate, or to the private sector. This Federal action approves pre-
    existing requirements under State or local law, and imposes no new 
    requirements. Accordingly, no additional costs to State, local, or 
    tribal governments, or to the private sector, result from this action.
    
    D. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A) as added 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 the rule in today's 
    Federal Register. This rule is not a ``major rule'' as defined by 5 
    U.S.C. 804(2).
    
    E. Petitions for Judicial Review
    
        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 May 27, 1997. Filing a 
    petition for reconsideration by the Administrator of this final rule 
    does not affect the finality of this rule 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).) EPA encourages 
    interested parties to comment in response to the proposed rule rather 
    than petition for judicial review, unless the objection arises after 
    the comment period allowed for in the proposal.
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Incorporation by 
    reference, Particulate matter, Reporting and recordkeeping 
    requirements.
    
        Note: Incorporation by reference of the State Implementation 
    Plan for the State of Connecticut was approved by the Director of 
    the Federal Register on July 1, 1982.
    
        Dated: December 5, 1996.
    John P. DeVillars,
    Regional Administrator, EPA--Region 1.
    
        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. 7401-7671q.
    
    Subpart H--Connecticut
    
        2. Section 52.370 is amended by adding paragraph (c)(70) to read as 
    follows:
    
    
    Sec. 52.370  Identification of plan.
    
    * * * * *
        (c) * * * 
        (70) Revision to the State Implementation Plan submitted by the 
    Connecticut Department of Environmental Protection on January 13, 1995.
        (i) Incorporation by reference.
        (A) Letter from the Connecticut Department of Environmental 
    Protection dated January 13, 1995 submitting a revision to the 
    Connecticut State Implementation Plan.
        (B) Amended Regulation of Connecticut State Agencies: amended 
    Subsection 22a-174-3(k) ``Abatement of air pollution--New Source 
    Review'' (effective December 2, 1994).
        (ii) Additional materials.
        (A) Nonregulatory portions of the submittal.
        3. Section 52.372 is amended by designating the existing text as 
    paragraph (a) and by adding paragraph (b) to read as follows:
    
    
    Sec. 52.372  Extensions.
    
    * * * * *
        (b) The Administrator hereby extends until December 31, 1996, the 
    attainment date for particulate matter for the New Haven PM10 
    nonattainment area, as requested by the State of Connecticut on March 
    22, 1996 and based on monitored air quality data for the national 
    ambient air quality standard for PM10 during the years 1993-95.
        4. In Sec. 52.374 the table is revised to read as follows:
    
    
    Sec. 52. 374  Attainment dates for national standards.
    
    * * * * *
    
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                                                                        Pollutant                                   
                                   ---------------------------------------------------------------------------------
    Air quality control region and              SO2                                                                 
          nonattainment area       ----------------------------     PM10           NOX           CO           O3    
                                       Primary      Secondary                                                       
    ----------------------------------------------------------------------------------------------------------------
     AQCR 41: Eastern Connecticut                                                                                   
              Intrastate                                                                                            
                                                                                                                    
    Middlesex County (part).......  a             b             a             a             a            e          
                                                                                                                    
    All portions except cities and                                                                                  
        towns in Hartford Area                                                                                      
                                                                                                                    
    New London County.............  a             b             a             a             a            e          
    Tolland County (part).........  a             b             a             a             a            e          
                                                                                                                    
    All portions except cities and                                                                                  
        towns in Hartford Area                                                                                      
                                                                                                                    
    Windham County................  a             b             a             a             a            e          
                                                                                                                    
    
    [[Page 14332]]
    
                                                                                                                    
     AQCR 42: Hartford-New Haven-                                                                                   
        Springfield Interstate                                                                                      
         Hartford-New Britain-                                                                                      
            Middletown Area                                                                                         
                                                                                                                    
    Hartford County (part) See 40   a             b             a             a             d            e          
     CFR 81.307.                                                                                                    
    Litchfield County (part) See    a             b             a             a             d            e          
     40 CFR 81.307.                                                                                                 
    Middlesex County (part) See 40  a             b             a             a             d            e          
     CFR 81.307.                                                                                                    
    Tolland County (part) See 40    a             b             a             a             d            e          
     CFR 81.307.                                                                                                    
                                                                                                                    
      New Haven-Meriden-Waterbury                                                                                   
                 Area                                                                                               
                                                                                                                    
    Fairfield County (part) See 40  a             b             a             a             d            e          
     CFR 81.307.                                                                                                    
    Litchfield County (part) See    a             b             a             a             d            e          
     40 CFR 81.307.                                                                                                 
                                                                                                                    
           New Haven County                                                                                         
                                                                                                                    
    All portions except City of     a             b             a             a             d            e          
     New Haven.                                                                                                     
    City of New Haven.............  a             b             g             a             d            e          
                                                                                                                    
     AQCR 43: New York-New Jersey-                                                                                  
      Connecticut Interstate New                                                                                    
    York-N. New Jersey-Long Island                                                                                  
                 Area                                                                                               
                                                                                                                    
    Fairfield County (part) See 40  a             b             a             a             d            f          
     CFR 81.307.                                                                                                    
    Litchfield County (part) See    a             b             a             a             d            f          
     40 CFR 81.307.                                                                                                 
                                                                                                                    
         AQCR 44: Northwestern                                                                                      
        Connecticut Interstate                                                                                      
                                                                                                                    
    Hartford County (part)........  a             b             a             a             a            e          
                                                                                                                    
           Hartford Township                                                                                        
                                                                                                                    
    Litchfield County (part) See    a             b             a             a             a            e          
     40 CFR 81.307.                                                                                                 
                                                                                                                    
    All portions except cities and                                                                                  
     towns in Hartford, New Haven,                                                                                  
          and New York Areas                                                                                        
    ----------------------------------------------------------------------------------------------------------------
    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, 1996 (two 1-year extensions granted).                                                           
    
    [FR Doc. 97-7688 Filed 3-25-97; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
5/27/1997
Published:
03/26/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
97-7688
Dates:
This action is effective on May 27, 1997, unless adverse or critical comments are received by April 25, 1997. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
14327-14332 (6 pages)
Docket Numbers:
CT27-1-7200a, A-1-FRL-5667-4
PDF File:
97-7688.pdf
CFR: (4)
40 CFR 166(b)
40 CFR 52
40 CFR 52.370
40 CFR 52.372