95-26961. Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Connecticut  

  • [Federal Register Volume 60, Number 210 (Tuesday, October 31, 1995)]
    [Rules and Regulations]
    [Pages 55316-55321]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-26961]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Parts 52 and 81
    
    [CT23-1-7084; FRL-5296-5]
    
    
    Approval and Promulgation of Implementation Plans and Designation 
    of Areas for Air Quality Planning Purposes; State of Connecticut
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: On September 30, 1994, the Connecticut Department of 
    Environmental Protection (CT DEP), submitted a request to redesignate 
    the Hartford/New Britain/Middletown area from nonattainment to 
    attainment for carbon monoxide (CO). Under the Clean Air Act as amended 
    in 1990 (CAA), designations can be revised if sufficient data is 
    available to warrant such revisions. In this action, EPA is approving 
    the Connecticut request because it meets the redesignation requirements 
    set forth in the CAA.
        In addition, EPA is approving two related State Implementation Plan 
    (SIP) submissions by Connecticut DEP. On January 12, 1993, Connecticut 
    DEP submitted a final 1990 base year emission inventory for CO 
    emissions, which includes emissions data for all sources of CO in 
    Connecticut's two CO nonattainment areas (the Hartford/New Britain/
    Middletown area and the Connecticut portion of the New York/New Jersey/
    Connecticut Consolidated Metropolitan Statistical Area (CMSA). On 
    January 12, 1993, January 14, 1993, September 30, 1994 and August 1, 
    1995, Connecticut DEP submitted an oxygenated fuel program and 
    revisions for both CO nonattainment areas. In this action, EPA is 
    approving the CO emissions inventory for both areas and the oxygenated 
    fuels program only as it applies to the Hartford/New Britain/Middletown 
    nonattainment area.
    
    DATES: This final rule will be effective January 2, 1996 unless 
    critical or adverse comments are received by November 30, 1995. If the 
    effective date is delayed, timely notice will be published in the 
    Federal Register.
    
    ADDRESSES: Written comments should be sent to Susan Studlien, Acting 
    Director, at the EPA Regional Office listed below. Copies of the 
    redesignation request and the State of Connecticut's submittals are 
    available for public review during normal business hours at the 
    addresses listed below.
        Air and Radiation Docket and Information Center, U.S. Environmental 
    Protection Agency, 401 M Street SW., Washington, DC 20460, and; 
    Environmental Protection Agency, One Congress Street, Boston, MA 02203.
    
    FOR FURTHER INFORMATION CONTACT:
    Damien Houlihan of the EPA Region I Air, Pesticides and Toxics 
    Management Division at (617) 565-3266.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On March 31, 1978, (See 43 FR 8962), EPA published rulemaking which 
    set forth attainment status for all States in relation to the National 
    Ambient Air Quality Standards (NAAQS). The area of Hartford/New 
    Britain/Middletown (the ``Hartford area'') was designated as 
    nonattainment for Carbon Monoxide through this rulemaking notice. In a 
    letter dated March 14, 1991 from the Connecticut Department of 
    Environmental Protection to EPA Administrator, the State recommended 
    that the area be classified as Category 3 nonattainment. Because the 
    area had a design value of 9.7 ppm, the area was considered 
    ``moderate'' nonattainment under the provisions outlined in sections 
    186 and 187 of the CAA. (See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 
    (Nov. 30, 1992), codified at 40 CFR part 81, Sec. 81.307.). The CAA 
    established an attainment date of December 31, 1995, for all moderate 
    CO areas. The Hartford area has ambient monitoring data showing 
    attainment of the CO NAAQS, since 1988. Therefore, in an effort to 
    comply with the CAA and to ensure continued attainment of the NAAQS, on 
    September 30, 1994 the State of Connecticut submitted a CO 
    redesignation request and a maintenance plan for the Hartford area. 
    Connecticut submitted evidence that a public hearing was held on August 
    17, 1994.
    
    II. Evaluation Criteria
    
        Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides 
    five specific requirements that an area must meet in order to be 
    redesignated from nonattainment to attainment.
        1. The area must have attained the applicable NAAQS;
        2. The area must have a fully approved SIP under section 110(k) of 
    CAA;
        3. The air quality improvement must be permanent and enforceable;
        4. The area must have a fully approved maintenance plan pursuant to 
    section 175A of the CAA;
        5. The area must meet all applicable requirements under section 110 
    and Part D of the CAA.
    
    III. Review of State Submittal
    
        On October 28, 1994, Region I determined that the information 
    received from the CT DEP constituted a complete redesignation request 
    under the general completeness criteria of 40 CFR part 51, appendix V, 
    Secs. 2.1 and 2.2.
        The Connecticut redesignation request for the Hartford/New Britain/
    Middletown area meets the five requirements of section 107(d)(3)(E), 
    noted above. The following is a brief description of how the State has 
    fulfilled each of these requirements.
    
    1. Attainment of the CO NAAQS
    
        Connecticut has quality-assured CO ambient air monitoring data 
    showing that the Hartford area has met the CO NAAQS. The Connecticut 
    request is based on an analysis of quality-assured monitoring data 
    which is relevant to the maintenance plan and to the redesignation 
    request. To attain the CO NAAQS, an area must have complete quality-
    assured data showing no more than one exceedance of the standard over 
    at least two consecutive years. The ambient air CO monitoring data for 
    calendar year 1989 through calendar year 1993, relied upon by 
    Connecticut in its redesignation request, shows no violations of the CO 
    NAAQS in the Hartford area. The most recent ambient CO data shows no 
    exceedances in the calendar year 1994 and one exceedance 
    
    [[Page 55317]]
    in calendar year 1995 (on January 13, 1995). Because the area has 
    complete quality assured data showing no more than one exceedance of 
    the standard per year over at least two consecutive years (1991 and 
    1992), the area has met the first statutory criterion of attainment of 
    the CO NAAQS (40 CFR 50.9 and appendix C). Connecticut has committed to 
    continue monitoring in this area in accordance with 40 CFR part 58.
        Connecticut used EPA's ``Guideline for Modeling Carbon Monoxide 
    from Roadway Intersections'' to select six ``hot-spot'' intersections 
    for detailed analysis. Once the intersections were selected, 
    evaluations for CO levels for existing and future year conditions were 
    performed using the MOBILE5A emission model and the CAL3QHC (version 
    2.0) dispersion model. These modeling results show no violations for 
    1993 or future year (2005) of the NAAQS for CO.
    
    2. Fully Approved SIP
    
        Connecticut's CO SIP is fully approved by EPA as meeting all the 
    requirements of Section 110 of the Act, including the requirement in 
    Section 110(a)(2)(I) to meet all the applicable requirements of Part D 
    (relating to nonattainment), which were due prior to the date of 
    Connecticut's redesignation request. Connecticut's 1982 CO SIP was 
    fully approved by EPA in 1984 as meeting the CO SIP requirements in 
    effect under the CAA at that time. The 1990 CA required that CO 
    nonattainment areas achieve specific new requirements depending on the 
    severity of the nonattainment classification. Requirements for the 
    Hartford area include the preparation of a 1990 emission inventory with 
    periodic updates, adoption of an oxygenated fuels program, and 
    development of conformity procedures. Each of these requirements, added 
    by the 1990 Amendments to the CAA, are discussed in greater detail 
    below.
        Consistent with the October 14, 1994 EPA guidance from Mary D. 
    Nichols entitled ``Part D New Source Review (part D NSR) Requirements 
    for Areas Requesting Redesignation to Attainment,'' EPA is not 
    requiring as a prerequisite to redesignation to attainment EPA's full 
    approval of a part D NSR program by Connecticut. Under this guidance, 
    nonattainment areas may be redesignated to attainment notwithstanding 
    the lack of a fully-approved part D NSR program, so long as the program 
    is not relied upon for maintenance. Connecticut has not relied on a NSR 
    program for CO sources to maintain attainment. Although EPA is not 
    treating a part D NSR program as a prerequisite for redesignation, it 
    should be noted that EPA is in the process of taking final action on 
    the State's revised NSR regulation, which does include requirements for 
    CO nonattainment areas. Because the Hartford area is being redesignated 
    to attainment by this action, Connecticut's Prevention of Significant 
    Deterioration (PSD) requirements will be applicable to new or modified 
    sources in the Hartford area.
        A. Emission Inventory--Connecticut submitted its base year 
    inventory to EPA on January 13, 1994, which included estimates for CO 
    in the Hartford-New Britain-Middletown area and the New York-New 
    Jersey-Connecticut area, as required under section 187(a)(1) of the 
    CAA. EPA is approving the CO portion of the inventory for both area 
    with this redesignation request.
        Section 172(c)(3) of the CAA requires that nonattainment plan 
    provisions include a comprehensive, accurate, and current inventory of 
    actual emissions from all sources of relevant pollutants in the 
    nonattainment area. Connecticut included the requisite inventory in the 
    CO SIP. The base year for the inventory was 1990, using a three month 
    CO season of November 1990 through January 1991. Stationary point 
    sources, stationary area sources, on-road mobile sources, and nonroad 
    mobile sources of CO were included in the inventory. Stationary sources 
    with emissions of greater than 100 tons per year were also included in 
    the inventory.
        The following list presents a summary of the CO peak season daily 
    emissions estimates in tons per day by source category: Point Sources, 
    28.91 tons per day; Area Sources, 498.05 tons per day; Mobile On-Road 
    Sources, 1497.03 tons per day; Mobile Nonroad Sources, 221.36 tons per 
    day; Total Sources, 2245.35 tons per day. Available guidance for 
    preparing emission inventories is provided in the General Preamble (57 
    FR 13498, April 16, 1992).
        Section 110(k) of the CAA sets out provisions governing the EPA's 
    review of base year emission inventory submittals in order to determine 
    approval or disapproval under section 187(a)(1). The EPA is granting 
    approval of the Connecticut 1990 base year CO emissions inventory 
    submitted on January 13, 1994, based on the 1993. At the time of 
    submission of the redesignation request for the Hartford area, 
    Connecticut submitted revisions to its oxygenated fuel regulation 
    specifying that the oxygenated fuel requirement in the Hartford CMSA 
    will not be implemented except as a contingency measure in the area's 
    maintenance plan. On August 1, 1995, Connecticut submitted another 
    revision to its oxygenated fuel regulations changing the CO control 
    period in the Connecticut portion of the New York/New Jersey/
    Connecticut CMSA from seven to four months. As part of this action, EPA 
    is approving Connecticut's oxygenated fuel program except as it applies 
    to the Connecticut portion of the NJ-NY-CT CMSA (the Southwestern 
    Control Area). EPA will address the Southwestern Control Area 
    definition and that area's control period as part of a separate action.
        The oxygenated gasoline program is one in which all oxygenated 
    gasoline must contain a minimum oxygen content of 2.7 percent by weight 
    of oxygen. Under Section 211(m)(4) of the CAA, EPA also issued 
    requirements for the labeling of gasoline pumps used to dispense 
    oxygenated gasoline, as well as guidelines on the establishment of an 
    appropriate control period. These labeling requirements and control 
    period guidelines may be found in at 57 FR 47849, dated October 20, 
    1992. Connecticut's oxygenated gasoline regulation requires the minimum 
    2.7 percent oxygen content in gasoline sold in the Central Control and 
    Southwestern Control Areas. The regulation also contains the necessary 
    labeling regulations, enforcement procedures, and oxygenate test 
    methods. For a more detailed description of the manner in which 
    Connecticut's oxygenated fuels program meets the requirements of 
    Section 211(m) of the CAA, the reader is referred to the Technical 
    Support Document, which is available for review at the addresses 
    provided above.
        Connecticut has chosen to convert its oxygenated fuels requirement 
    in the Hartford CMSA to a contingency measure in its maintenance plan 
    upon redesignation. Connecticut's oxygenated fuels regulation provides 
    that oxygenated gasoline is only required in the Hartford CMSA if a CO 
    violation is monitored in the area. Because Connecticut attained the CO 
    standard based on data before the oxygenated fuel program was 
    implemented in the Hartford CMSA, oxygenated gasoline was not necessary 
    to reach attainment. In its demonstration of maintenance, described 
    below, the State has shown that oxygenated gasoline in the Hartford 
    CMSA is not necessary for continued maintenance of the CO NAAQS. 
    Consequently, by this action, EPA is both approving Connecticut's 
    oxygenated fuels regulation and simultaneously approving its use as a 
    contingency measure for the Hartford area.
        The State of Connecticut has adopted an Oxygenated Fuel Program 
    that covers 
    
    [[Page 55318]]
    the Connecticut portion of the New Jersey-New York-Connecticut 
    Consolidated Metropolitan Statistical Area (CMSA) and the Hartford 
    CMSA. In this action, the EPA is approving the oxygenated fuel program, 
    Connecticut's Regulation 22a-174-28, only as it applies to the Hartford 
    CMSA. The control period for the program is from November 1 to the last 
    day of February for the Central Control Area (Hartford CMSA) if a 
    violation of the ambient air quality standard for carbon monoxide 
    occurs within the control area after November 1, 1993. EPA will address 
    the Southwestern Control Area separately.
        C. Conformity--Under section 176(c) of the CAA, states were 
    required to submit revisions to their SIPs that include criteria and 
    procedures to ensure that Federal actions conform to the air quality 
    planning goals in the applicable SIPs. The requirement to determine 
    conformity applies to transportation plans, programs and projects 
    developed, funded or approved under Title 23 U.S.C. or the Federal 
    Transit Act (``transportation conformity''), as well as all other 
    Federal actions (``general conformity''). Congress provided for the 
    State revisions to be submitted one year after the date of promulgation 
    of final EPA conformity regulations. EPA promulgated final 
    transportation conformity regulations on November 24, 1993 (58 FR 
    62188) and final general conformity regulations on November 30, 1993 
    (58 FR 63214). These conformity rules require that the States adopt 
    both transportation and general conformity provisions in the SIP for 
    areas designated nonattainment or subject to a maintenance plan 
    approved under CAA section 175A. Pursuant to Sec. 51.396 of the 
    transportation conformity rule, the State of Connecticut is required to 
    submit a SIP revision containing transportation conformity criteria and 
    procedures consistent with those established in the Federal rule by 
    November 25, 1994. Similarly, pursuant to Sec. 51.851 of the general 
    conformity rule, Connecticut was required to submit a SIP revision 
    containing general conformity criteria and procedures consistent with 
    those established in the Federal rule by December 1, 1994. Connecticut 
    has not yet submitted either of these conformity SIP revisions.
        Although Connecticut has not yet adopted and EPA approved 
    conformity SIP revisions, EPA may approve this redesignation request. 
    EPA interprets the requirement of a fully approved SIP in section 
    107(d)(3)(v) to mean that, for a redesignation request to be approved, 
    the State must have met all requirements that become applicable to the 
    subject area prior to or at time of the submission of the redesignation 
    request. Because Connecticut submitted its redesignation request on 
    October 20, 1994, prior to the due dates for conformity, it is not 
    necessary that the State have an approved conformity SIP prior to 
    redesignation. It should be noted that approval of Connecticut's 
    redesignation request does not obviate the need for Connecticut to 
    submit the required conformity SIPs to EPA.
    
    3. Improvement in Air Quality Due to Permanent and Enforceable Measures
    
        EPA approved Connecticut's CO SIP, submitted in 1982, under the 
    CAA, as amended in 1977. Emission reductions achieved through the 
    implementation of control measures contained in that SIP are 
    enforceable. These measures were: transportation plan reviews, a basic 
    Inspection and Maintenance Program, right turn on red, and the Federal 
    Motor Vehicle Control Program. As discussed above, the State initially 
    attained the NAAQS in 1989 with monitored attainment through 1993. This 
    indicates that the improvements are due to the permanent and 
    enforceable measures contained in the 1982 CO SIP.
        The State of Connecticut has demonstrated that actual enforceable 
    emission reductions are responsible for the air quality improvement and 
    that the CO emissions in the base year are not artificially low due to 
    local economic downturn. EPA finds that the combination of certain 
    existing EPA-approved SIP and federal measures contribute to the 
    permanence and enforceability of reduction in ambient CO levels that 
    have allowed the area to attain the NAAQS.
    
    4. Fully Approved Maintenance Plan Under Section 175A
    
        Section 175A of the CAA sets forth the elements of a maintenance 
    plan for areas seeking redesignation from nonattainment to attainment. 
    The plan must demonstrate continued attainment of the applicable NAAQS 
    for at least ten years after the Administrator approves a redesignation 
    to attainment. Eight years after the redesignation, the state must 
    submit a revised maintenance plan which demonstrates attainment for the 
    ten years following the initial ten-year period. To provide for the 
    possibility of future NAAQS violations, the maintenance plan must 
    contain contingency measures, with a schedule for implementation 
    adequate to assure prompt correction of any air quality problems. In 
    this notice, EPA is approving the State of Connecticut's maintenance 
    plan for the Hartford/New Britain/Middletown area because EPA finds 
    that Connecticut's submittal meets the requirements of section 175A.
    A. Attainment Emission Inventory
        As previously noted, on January 13, 1994, the State of Connecticut 
    submitted a comprehensive inventory of CO emissions from the Hartford/
    New Britain/Middletown area. The inventory includes emissions from 
    area, stationary, and mobile sources using 1990 as the base year for 
    calculations.
        The 1990 inventory is considered representative of attainment 
    conditions because the NAAQS was not violated during 1990. The State 
    submittal contains the detailed inventory data and summaries by county 
    and source category. The comprehensive base year emissions inventory 
    was submitted in the National Emission Data System format. Finally, 
    this inventory was prepared in accordance with EPA guidance. It also 
    contains summary tables of the 1990 base year and was projected to the 
    year 2005.
    
                     1990 CO Base Year Emissions Inventory Hartford NonAttainment Area (Ton per Day)                
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                         Year                           Area       Nonroad       Mobile        Point        Total   
    ----------------------------------------------------------------------------------------------------------------
    1990..........................................       185.49        94.88       603.58         11.92       895.87
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                        Hartford Nonattainment Area CO Emissions Inventory Summary (Tons per Day)                   
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                          Year                           Area       Nonroad       Mobile       Point        Total   
    ----------------------------------------------------------------------------------------------------------------
    1990...........................................       185.49        94.88       603.58        11.92       895.87
    2005...........................................       186.20       115.80       306.30        13.0        621.40
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    [[Page 55319]]
    
    
    B. Demonstration of Maintenance-Projected Inventories
        Total CO emissions were projected from 1990 base year out to 2005. 
    These projected inventories were prepared in accordance with EPA 
    guidance. Connecticut will not implement the oxygenated fuel program in 
    Hartford CMSA unless a violation is measured. The projections show that 
    calculated CO emissions, assuming no oxygenated fuels program after 
    1993, are not expected to exceed the level of the base year inventory 
    during this time period. Therefore, it is anticipated that Hartford/New 
    Britain/Middletown will maintain the CO standard without the oxygenated 
    fuel program.
    C. Verification of Continued Attainment
        Continued attainment of the CO NAAQS in the Hartford/New Britain/
    Middletown area depends, in part, on the State's efforts toward 
    tracking indicators of continued attainment during the maintenance 
    period. The State has also committed to submit periodic inventories of 
    CO emissions every three years.
    D. Contingency Plan
        The level of CO emissions in the Hartford/New Britain/Middletown 
    area will largely determine its ability to stay in compliance with the 
    CO NAAQS in the future. Despite the State's best efforts to demonstrate 
    continued compliance with the NAAQS, the ambient air pollutant 
    concentrations may exceed or violate the NAAQS. Also, section 175A(d) 
    of the CAA requires that the contingency provisions include a 
    requirement that the State implement all measures contained in the SIP 
    prior to redesignation. Therefore, Connecticut has provided contingency 
    measures with a schedule for implementation in the event of a future CO 
    air quality problem. The plan contains triggering mechanisms to 
    determine when contingency measures are needed.
        Connecticut has developed a two-stage contingency plan. The first 
    stage is the implementation of an enhanced I/M program. The second 
    stage is the implementation of an oxygenated fuels program throughout 
    the Hartford CMSA. The CMSA includes several municipalities outside the 
    nonattainment area. Therefore, a oxygenated fuels program will provide 
    reductions from vehicles which originate outside the nonattainment area 
    but travel within it.
        In order to be an adequate maintenance plan, the plan should 
    include at least one contingency measure that will go into effect with 
    a triggering event. Connecticut is relying largely on a contingency 
    measure that will go into effect regardless of any triggering event, 
    namely, enhanced Inspection and Maintenance. Connecticut has one 
    measure that will not go into effect unless a triggering event occurs, 
    namely oxygenated fuels.
    E. Subsequent Maintenance Plan Revisions
        In accordance with section 175A(b) of the CAA, the State has agreed 
    to submit a revised maintenance SIP eight years after the area is 
    redesignated to attainment. Such revised SIP will provide for 
    maintenance for an additional ten years.
    
    5. Meeting Applicable Requirements of Section 110 and Part D
    
        In Section III.2. above, EPA sets forth the basis for its 
    conclusion that Connecticut has a fully approved SIP which meets the 
    applicable requirements of Section 110 and Part D of the CAA.
    
    Final Action
    
        EPA is approving the Hartford/New Britain/Middletown CO maintenance 
    plan because it meets the requirements set forth in section 175A of the 
    CAA. In addition, the Agency is approving the request to redesignate 
    the Hartford/New Britain/Middletown CO area to attainment, because the 
    State has demonstrated compliance with the requirements of section 
    107(d)(3)(E) for redesignation. 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 January 2, 
    1996 unless, by November 30, 1995, 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 
    then 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 January 2, 1996.
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any SIP. Each request for revision to the SIP shall be 
    considered separately in light of specific technical, economic, and 
    environmental factors and in relation to relevant statutory and 
    regulatory requirements.
        The CO SIP is designed to satisfy the requirements of part D of the 
    CAA and to provide for attainment and maintenance of the CO NAAQS. This 
    final redesignation should not be interpreted as authorizing the State 
    to delete, alter, or rescind any of the CO emission limitations and 
    restrictions contained in the approved CO SIP. Changes to CO SIP 
    regulations rendering them less stringent than those contained in the 
    EPA approved plan cannot be made unless a revised plan for attainment 
    and maintenance is submitted to and approved by EPA. Unauthorized 
    relaxations, deletions, and changes could result in both a finding of 
    non-implementation (section 179(a) of the CAA) and in a SIP deficiency 
    call made pursuant to sections 110(a)(2)(H) and 110(k)(2) of the CAA.
        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 section 110 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, it does not have any 
    economic impact on any small entities. Redesignation of an area to 
    attainment under section 107(d)(3)(E) of the CAA does not impose any 
    new requirements on small entities.
        Redesignation is an action that affects the status of a 
    geographical area and does not impose any regulatory requirements on 
    sources. Accordingly, I certify that the approval of the redesignation 
    request will not have an impact on any small entities.
    
    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 
    
    [[Page 55320]]
    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, 
    local, or tribal governments in the aggregate or to the private sector.
    
    List of Subjects
    
    40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide, 
    Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
    Ozone.
    
    40 CFR Part 81
    
        Air pollution control, National parks, Wilderness areas.
    
        Dated: August 31, 1995.
    John P. DeVillars,
    Regional Administrator.
    
        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)(69) to read as 
    follows:
    
    
    Sec. 52.370  Identification of plan.
    
    * * * * *
        (c) * * *
        (69) Connecticut submitted the Oxygenated Gasoline Program and 
    revisions on January 11, 1993, January 12, 1993, January 14, 1993, and 
    August 1, 1995. This submittal satisfied the requirements of section 
    211(m) of the Clean Air Act, as amended.
        (i) Incorporation by reference.
        (A) Letters dated January 11, 1993 and January 12, 1993 which 
    included the oxygenated gasoline program, Regulations of Connecticut 
    State Agencies (RCSA) Section 22a-174-28, with an effective date of 
    November 2, 1992.
        (B) A letter dated January 14, 1993 requesting that the RCSA 
    Section 22a-174-28, as submitted on January 11, 1993 and January 12, 
    1993, be adopted as part of Connecticut's SIP.
        (C) A letter dated August 1, 1995, requesting that a revision to 
    RCSA Section 22a-174-28(a), with an effective date of July 26, 1995, be 
    approved and adopted as part of Connecticut's SIP.
        (ii) Additional materials.
        (A) The Technical Support Document for the Redesignation of the 
    Hartford Area as Attainment for Carbon Monoxide submitted on September 
    30, 1994.
        (B) Nonregulatory portions of submittals.
        3. Section 52.376 is added to read as follows:
    
    
    Sec. 52.376  Control strategy: Carbon Monoxide.
    
        (a) Approval-On January 12, 1993, the Connecticut Department of 
    Environmental Protection submitted a revision to the carbon monoxide 
    State Implementation Plan for the 1990 base year emission inventory. 
    The inventory was submitted by the State of Connecticut to satisfy 
    Federal requirements under section 182(a)(1) of the Clean Air Act as 
    amended in 1990, as a revision to the carbon monoxide State 
    Implementation Plan.
        (b) Approval-On September 30, 1994, the Connecticut Department of 
    Environmental Protection submitted a request to redesignate the 
    Hartford/New Britain/Middletown Area carbon monoxide nonattainment area 
    to attainment for carbon monoxide. As part of the redesignation 
    request, the State submitted a maintenance plan as required by 175A of 
    the Clean Air Act, as amended in 1990. Elements of the section 175A 
    maintenance plan include a base year (1993 attainment year) emission 
    inventory for carbon monoxide, a demonstration of maintenance of the 
    carbon monoxide NAAQS with projected emission inventories to the year 
    2005 for carbon monoxide, a plan to verify continued attainment, a 
    contingency plan, and an obligation to submit a subsequent maintenance 
    plan revision in 8 years as required by the Clean Air Act. If the area 
    records a violation of the carbon monoxide NAAQS (which must be 
    confirmed by the State), Connecticut will implement one or more 
    appropriate contingency measure(s) which are contained in the 
    contingency plan. The menu of contingency measure includes enhanced 
    motor vehicle inspection and maintenance program and implementation of 
    the oxygenated fuels program. The redesignation request and maintenance 
    plan meet the redesignation requirements in sections 107(d)(3)(E) and 
    175A of the Act as amended in 1990, respectively. The redesignation 
    meets the Federal requirements of section 182(a)(1) of the Clean Air 
    Act as a revision to the Connecticut Carbon Monoxide State 
    Implementation Plan for the above mentioned area.
    
    PART 81--[AMENDED]
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
    Subpart C--Section 107 Attainment Status Designations
    
        2. In Sec. 81.307 by revising the table for ``Connecticut-Carbon 
    Monoxide'' to read as follows:
    
    
    Sec. 81.307  Connecticut.
    
                                              Connecticut--Carbon Monoxide                                          
    ----------------------------------------------------------------------------------------------------------------
                                           Designation                             Classification                   
           Designated area       -----------------------------------------------------------------------------------
                                    Date \1\         Type             Date \1\                     Type             
    ----------------------------------------------------------------------------------------------------------------
    Hartford-New Britain-                                                                                           
     Middletown Area:                                                                                               
        Hartford County (part)..  ...........  Attainment.....  January 2, 1996.....  ..............................
    
    [[Page 55321]]
                                                                                                                    
        Bristol City, Burlington                                                                                    
         Town, Avon Town,                                                                                           
         Bloomfield Town, Canton                                                                                    
         Town, E. Granby Town,                                                                                      
         E. Hartford Town, E.                                                                                       
         Windsor Town, Enfield                                                                                      
         Town, Farmington Town,                                                                                     
         Glastonbury Town,                                                                                          
         Granby Town, Hartford                                                                                      
         city, Manchester Town,                                                                                     
         Marlborough Town,                                                                                          
         Newington Town, Rocky                                                                                      
         Hill Town, Simsbury                                                                                        
         Town, S. Windsor Town,                                                                                     
         Suffield Town, W.                                                                                          
         Hartford Town,                                                                                             
         Wethersfield Town,                                                                                         
         Windsor Town, Windsor                                                                                      
         Locks Town, Berlin                                                                                         
         Town, New Britain city,                                                                                    
         Plainville Town, and                                                                                       
         Southington Town.                                                                                          
    Litchfield County (part):                                                                                       
        Plymouth Town...........  ...........  Nonattainment..  ....................  Moderate  12.7 ppm.
    Middlesex County (part).....  ...........  Nonattainment..  ....................  Moderate  12.7 ppm.
        Cromwell Town, Durham                                                                                       
         Town, E. Hampton Town,                                                                                     
         Haddam Town,                                                                                               
         Middlefield Town,                                                                                          
         Middleton city,                                                                                            
         Portland Town, E.                                                                                          
         Haddam Town.                                                                                               
    Tolland County (part).......  ...........  Nonattainment..  ....................  Moderate  12.7 ppm.
        Andover Town, Boton                                                                                         
         Town, Ellington Town,                                                                                      
         Hebron Town, Somers                                                                                        
         Town, Tolland Town, and                                                                                    
         Vernon Town.                                                                                               
    New Haven-Meriden-Waterbury                                                                                     
     Area:                                                                                                          
        Fairfield County (part)   ...........  Nonattainment..  ....................  Not classified.               
         Shelton City.                                                                                              
        Litchfield County (part)  ...........  Nonattainment..  ....................  Not classified.               
        Bethlehem Town,                                                                                             
         Thomaston Town,                                                                                            
         Watertown, Woodbury                                                                                        
         Town.                                                                                                      
        New Haven County........  ...........  Nonattainment..  ....................  Not classified.               
    New York-N. New Jersey-Long   ...........  Nonattainment..  ....................  Moderate > 12.7 ppm.          
     Island Area, Fairfield                                                                                         
     County (part).                                                                                                 
        All cities and townships                                                                                    
         except Shelton city.                                                                                       
    Litchfield County (part)      ...........  Nonattainment..  ....................  Moderate > 12.7 ppm.          
     Bridgewater Town, New                                                                                          
     Milford Town.                                                                                                  
    AQCR 041 Eastern Connecticut  ...........  Unclassifiable/                                                      
     Intrastate.                                Attainment.                                                         
    Middlesex County (part):                                                                                        
        All portions except                                                                                         
         cities and towns in                                                                                        
         Hartford Area                                                                                              
    New London County:                                                                                              
    Tolland County (part):                                                                                          
        All portions except                                                                                         
         cities and towns in                                                                                        
         Hartford Area.                                                                                             
    Windham County:                                                                                                 
        AQCR 044 Northwestern     ...........  Unclassifiable/                                                      
         Connecticut Intrastate.                Attainment.                                                         
    Hartford County (part):                                                                                         
        Hartland Township.                                                                                          
    Litchfield County (part)                                                                                        
        All portions except                                                                                         
         cities and towns in                                                                                        
         Hartford, New Haven,                                                                                       
         and New York Areas.                                                                                        
    ----------------------------------------------------------------------------------------------------------------
    \1\ This date is November 15, 1990, unless otherwise noted.                                                     
    
    
    * * * * *
    [FR Doc. 95-26961 Filed 10-30-95; 8:45 am]
    BILLING CODE 6560-50-M
    
    

Document Information

Effective Date:
1/2/1996
Published:
10/31/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
95-26961
Dates:
This final rule will be effective January 2, 1996 unless critical or adverse comments are received by November 30, 1995. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
55316-55321 (6 pages)
Docket Numbers:
CT23-1-7084, FRL-5296-5
PDF File:
95-26961.pdf
CFR: (3)
40 CFR 52.370
40 CFR 52.376
40 CFR 81.307