[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Rules and Regulations]
[Pages 53282-53288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26453]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 81
[CT50-7208; A-1-FRL-6167-1]
Approval and Promulgation of Air Quality Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; State of
Connecticut; Approval of Maintenance Plan, Carbon Monoxide
Redesignation Plan and Emissions Inventory for the New Haven-Meriden-
Waterbury area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a request by the Connecticut Department of
Environmental Protection (CTDEP) on January 17, 1997 to redesignate the
New Haven-Meriden-Waterbury area from nonattainment to attainment for
carbon monoxide (CO). EPA is approving this request which establishes
the area as attainment for carbon monoxide and requires the state to
implement their 10 year maintenance plan that will insure that the area
remains in attainment. Under the Clean Air Act as amended in 1990
(CAA), designations can be revised if sufficient data is available to
warrant such revisions. EPA is approving the Connecticut request
because it meets the redesignation requirements set forth in the CAA,
and this action is being taken in accordance with Clean Air Act
requirements. In this action, EPA is also approving the 1990 base year
emission inventory for CO emissions, which includes emissions data for
sources of CO in the New Haven nonattainment area.
DATES: This action is effective December 4, 1998, unless EPA receives
adverse or critical comments by November 4, 1998. Should the Agency
receive such comments, it will publish a timely withdrawal in the
Federal Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection (mail code CAA), U.S. Environmental
Protection Agency, Region I, JFK Federal Bldg., Boston, MA 02203-2211.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, One Congress Street, 11th floor, Boston, MA and the Bureau of
Air Management, Department of Environmental Protection, State Office
Building, 79 Elm Street, Hartford, CT 06106-1630.
FOR FURTHER INFORMATION CONTACT: Jeffrey S. Butensky, Environmental
Planner, Air Quality Planning Unit of the Office of Ecosystem
Protection (mail code CAQ), U.S. Environmental Protection Agency,
Region I, JFK Federal Bldg., Boston, MA 02203-2211, (617) 565-3583 or
at butensky.jeff@epamail.epa.gov
SUPPLEMENTARY INFORMATION: On January 17, 1997, the State of
Connecticut submitted a formal redesignation request consisting of air
quality data showing that the area is attaining the standard and a
maintenance plan with all applicable requirements. In addition, on
January 13, 1994, the State of Connecticut submitted a carbon monoxide
inventory for the New Haven-Meriden-Waterbury area which is also being
approved in today's action.
I. Summary of SIP Revision
A. 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 New Haven-Meriden-Waterbury
area and surrounding towns (the ``New Haven area'') was designated as
nonattainment for carbon monoxide (CO) through this notice. This
includes the towns of New Haven, Thomaston, Watertown, Bethlehem,
Woodbury, Wolcott, Waterbury, Middlebury, Southbury, Meriden, Cheshire,
Prospect, Naugatuck, Oxford, Seymour, Shelton, Beacon Falls, Bethany,
Hamden, Wallingford, Guilford, Branford, North Branford, Madison, North
Haven, East Haven, Woodbridge, West Haven, Ansonia, Derby, Orange, and
Milford.
Prior to the 1990 Clean Air Act amendments, a large area
encompassing New Haven, Hartford, and Springfield, MA, was a single air
quality control region. Pursuant to the CAA of 1990, the area was
divided into specific nonattainment areas, one of which is the New
Haven-Meriden-Waterbury CO nonattainment area. The Hartford CO
nonattainment area was redesignated to attainment and a maintenance
area on October 31, 1995. An ``unclassified area'' is an area with data
showing no violations but had been designated as nonattainment prior to
the 1990 Clean Air Act amendments. Therefore, the area continued as
nonattainment by operation of law until the State completes all
redesignation requirements and EPA takes action.
The New Haven area was designated ``unclassifiable'' as determined
by EPA even though the area has ambient monitoring data showing
attainment of the CO NAAQS since 1978. Therefore, this area is subject
to the requirements of section 172 of the Clean Air Act which sets
forth requirements for applicable nonattainment areas (see the
technical support document for more information). The 1990 CAA required
such areas to achieve the standard by November 15, 1995, and the New
Haven area has fulfilled this requirement. Therefore, in an effort to
comply with the CAA and to ensure continued attainment of the NAAQS, on
January 17, 1997 the State of Connecticut submitted a CO redesignation
request and a maintenance plan for the New Haven area. Connecticut
submitted evidence that a public hearing was held on January 8, 1997.
B. 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.
[[Page 53283]]
C. Review of State Submittal
The Connecticut redesignation request for the New Haven-Meriden-
Waterbury 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 accurate CO air monitoring data which shows that
the New Haven-Meriden-Waterbury area has met the CO NAAQS. The request
by Connecticut to redesignate 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 1994 through calendar year 1995
relied upon by Connecticut in its redesignation request shows no
violations of the CO NAAQS, and the area has had no exceedances since
1978. Therefore, the area has complete quality assured data showing no
more than one exceedance of the standard per year over at least two
consecutive years and the area has met the first statutory criterion of
attainment of the CO NAAQS (40 CFR 50.9 and appendix C). Connecticut
also committed to continue to monitor CO in the City of New Haven. In
addition, the state has used the MOBILE5A emission model and the
CAL3QHC (version 2.0) dispersion model, and the modeling results show
no violations of the CO NAAQS in the year 2007. No violations are
expected throughout the maintenance period (through 2008).
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 CAA required that CO
nonattainment areas achieve specific new requirements depending on the
severity of the nonattainment classification. The requirements for the
New Haven-Meriden-Waterbury area include the preparation of a 1990
emission inventory with periodic updates and development of conformity
procedures. Each of these requirements, added by the 1990 Amendments to
the CAA, are discussed in greater detail below.
New Source Review: 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.
Regardless, the current NSR rules for Connecticut that were approved by
EPA on February 23, 1993, are adequate to meet the CO NSR requirements
applicable in this nonattainment area. 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. Since the New Haven-Meriden-Waterbury 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 New Haven-Meriden-
Waterbury area.
Emission Inventory: Under the Clean Air Act as amended, States have
the responsibility to inventory emissions contributing to NAAQS
nonattainment, to track these emissions over time, and to ensure that
control strategies are being implemented that reduce emissions and move
areas towards attainment. The inventory is designed to address actual
CO emissions for the area during the peak CO season. Connecticut
submitted its base year inventory to EPA in November, 1993, and this
included estimates for CO emissions for the New Haven-Meriden-Waterbury
CO nonattainment area. EPA is approving the New Haven-Meriden-Waterbury
portion of the 1990 CO Base Year emission inventory 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, and this was accomplished. Connecticut included the
requisite inventory in the CO SIP, and the base year for the inventory
was 1990 and used a three month CO season of November 1990 through
January 1991. Stationary point sources, stationary area sources, on-
road mobile sources, and non road mobile sources of CO were included in
the inventory. Available guidance for preparing emission inventories is
provided in the General Preamble (57 FR 13498, April 16, 1992). In this
action, EPA is approving the emission inventory for the New Haven-
Meriden-Waterbury nonattainment area.
The following list presents a summary of the CO peak season daily
emissions estimates in tons per winter day by source category. The EPA
is approving the New Haven-Meriden-Waterbury 1990 base year CO
emissions inventory based on the technical review of the inventory.
------------------------------------------------------------------------
Area Non road Mobile Point Total
------------------------------------------------------------------------
1554.86...... 479.91 3.85 696.00
------------------------------------------------------------------------
Conformity: Under section 176(c) of the CAA, states are 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 revised final transportation
conformity regulations on August 15, 1997 (62 FR #43780) 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. 51.390 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 August 15,
1998. 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
[[Page 53284]]
yet submitted either of these conformity SIP revisions.
Although Connecticut has not yet adopted and submitted conformity
SIP revisions, EPA may approve this redesignation request. EPA
interprets the requirement of a fully approved SIP in section
107(d)(3)(E)(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. Although this redesignation request was
submitted to EPA after the due date for the SIP revisions for the
general conformity rule and the State has not promulgated their
transportation conformity and general conformity rules, EPA believes it
is reasonable to interpret the conformity requirements as not being
applicable requirements for purposes of evaluating the redesignation
request under section 107(d). The rationale for this is based on two
factors. First, the requirement to submit SIP revisions to comply with
the conformity provisions of the Act applies to maintenance areas and
thereby continues to apply after redesignation to attainment.
Therefore, Connecticut remains obligated to adopt the transportation
and general conformity rules even after redesignation. While
redesignation of an area to attainment enables the area to avoid
further compliance with most requirements of section 110 and part D,
since those requirements are linked to the nonattainment status of an
area, the conformity requirements apply to both nonattainment and
maintenance areas.
Second, EPA's federal conformity rules require the performance of
conformity analyses in the absence of state-adopted rules. Therefore, a
delay in adopting state rules does not relieve an area from the
obligation to implement conformity requirements. Areas are subject to
the conformity requirements regardless of whether they are redesignated
to attainment and must implement conformity under federal rules if
state rules are not yet adopted, therefore, it is reasonable to view
these requirements as not being applicable requirements for purposes of
evaluating a redesignation request. Furthermore, Connecticut has
continually fulfilled all of the requirements of the federal
transportation conformity and general conformity rules, so it is not
necessary that the State have either their transportation or general
conformity rules approved in the SIP prior to redesignation to insure
that Connecticut meets the substance of the conformity requirements. 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, and EPA will continue to work with Connecticut
to assure that State rules are promulgated.
On April 1, 1996, EPA modified its national policy regarding the
interpretation of the provisions of section 107(d)(3)(E) concerning the
applicable requirements for purposes of reviewing a CO redesignation
request (61 FR 2918, January 30, 1996). Under this new policy, for the
reasons discussed, EPA believes that the CO redesignation request may
be approved notwithstanding the lack of submitted and approved state
transportation and general conformity rules.
For transportation conformity purposes, the 2008 on-road emission
totals outlined in the chart later in this rule is designated as the
emissions budget for the New Haven-Meriden-Waterbury CO nonattainment/
maintenance area.
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. The air quality improvements are due to
the permanent and enforceable measures contained in the 1982 CO SIP.
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. The
contingency plan includes the implementation of reformulated gasoline,
which is already occurring, and the implementation of a the enhanced
inspection and maintenance program, which began implementation on
January 1, 1998. Although these programs are being implemented as
measures to achieve the NAAQS for ground level ozone, they are not
required in unclassified carbon monoxide nonattainment areas under the
Clean Air Act and can therefore be used as contingency measures. In
this notice, EPA is approving the State of Connecticut's maintenance
plan for the New Haven-Meriden-Waterbury area because EPA finds that
Connecticut's submittal meets the requirements of section 175A. In
addition, although vehicle miles traveled (VMT) may increase over the
maintenance period, the decrease in emissions per vehicle will more
than offset growth in VMT.
A. Attainment Emission Inventory
As previously noted, the State of Connecticut submitted a
comprehensive inventory of CO emissions from the New Haven-Meriden-
Waterbury 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 and was
prepared in accordance with EPA guidance. Connecticut established CO
emissions for the attainment year, 1990, as well as forecast years out
to the year 2007. These estimates were derived from the State's 1990
emissions inventory. The State submittal contains the following data:
New Haven Nonattainment Area CO Emissions Inventory Summary
[Tons per day]
----------------------------------------------------------------------------------------------------------------
Year Area Non road Mobile Point Total
----------------------------------------------------------------------------------------------------------------
1990............................ 157.38 54.86 479.91 3.85 696.00
[[Page 53285]]
2007............................ 169.09 58.93 395.97 4.14 628.10
2008............................ 169.09 58.93 395.97 4.14 628.10
----------------------------------------------------------------------------------------------------------------
To fulfill the requirements of a redesignation request, a
maintenance plan must extend out 10 years or more from the date of this
document. Therefore, this information had to be provided through the
year 2008. As a result, Connecticut supplied additional information
that indicated that the budget should be identical for 2007 and 2008.
Emissions in 2008 will likely be different than 2007, but a precise
modeling analysis is not required because the difference will be
inconsequential and the actual CO emission levels in these years is
expected to be significantly below the levels estimated in the analysis
contained in the redesignation request. This has fulfilled the 10 year
requirement (further explained in the technical support document).
B. Demonstration of Maintenance-Projected Inventories
Total CO emissions were projected from 1990 base year out to 2007.
In addition, Connecticut was required to extend this analysis to 2008,
and this was accomplished. These projected inventories were prepared in
accordance with EPA guidance. These estimates are extremely
conservative because they do not include reformulated gasoline,
enhanced inspection and maintenance, or the low emission vehicle
program. Therefore, it is anticipated that the area will maintain the
CO standard.
C. Verification of Continued Attainment
Continued attainment of the CO NAAQS in the New Haven-Meriden-
Waterbury area depends, in part, on the State's efforts toward tracking
indicators of continued attainment during the maintenance period, and
the State will submit periodic inventories of CO emissions. In
addition, 8 years from today the state is required to submit another 10
year maintenance plan covering the period from 2008 through 2018.
D. Contingency Plan
The level of CO emissions in the New Haven-Meriden-Waterbury 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, although highly
unlikely. 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 in the event of a future
CO air quality problem.
Connecticut has developed a two-stage contingency plan. The first
stage is the implementation of reformulated gasoline as indicated
earlier in this notice. The second is the implementation of the
enhanced inspection and maintenance program, also as indicated earlier.
In order to be adequate, the maintenance plan should include at least
one contingency measure that will go into effect with a triggering
event. Connecticut is relying largely on these two contingency measures
that will go into effect regardless of any triggering event, thereby
fulfilling this requirement.
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 this document, EPA has set 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.
EPA is publishing this redesignation and approving the emissions
budget for the New Haven-Meriden-Waterbury area without prior proposal
because the Agency views this as noncontroversial and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal should relevant adverse comments be
filed. This action will be effective December 4, 1998 without further
notice unless the Agency receives relevant adverse comments by November
4, 1998.
If the EPA receives such comments, then EPA will publish a timely
withdrawal of the final rule and informing the public that it will not
take effect. All public comments received will then be addressed in a
subsequent final rule based on the proposal. The EPA will not institute
a second comment period on this rule. Only parties interested in
commenting on this rule should do so at this time. If no such comments
are received, the public is advised that this redesignation will be
effective on December 4, 1998 and no further action will be taken on
the proposal.
II. Final Action
EPA is approving the New Haven-Meriden-Waterbury CO resignation and
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 New Haven-Meriden-Waterbury CO area to attainment,
because the State has demonstrated compliance with the requirements of
section 107(d)(3)(E) for redesignation.
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
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon
[[Page 53286]]
a state, local, or tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments. If the mandate is unfunded, EPA must
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
state, local, and tribal governments, the nature of their concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments and ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.'' Today's rule does not create a mandate on state, local or
tribal governments. The rule does not impose any enforceable duties on
these entities. Accordingly, the requirements of section 1(a) of E.O.
12875 do not apply to this rule.
C. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, representatives of Indian tribal governments
``to provide meaningful and timely input in the development of
regulatory policies on matters that significantly or uniquely affect
their communities. Today's rule does not significantly or uniquely
affect the communities of Indian tribal governments. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
D. Regulatory Flexibility Act
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. To the
extent that the area must adopt new regulations, based on its
attainment status, EPA will review the effect of those actions on small
entities at the time the State submits those regulations. The
Administrator certifies that the approval of the redesignation request
will not affect a substantial number of small entities.
E. Unfunded Mandates
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.
F. Submission to Congress and the Comptroller General
Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
G. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to E.O. 13045 because it is does not
involved decisions intended to mitigate environmental health or safety
risks.
H. 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 December 4, 1998. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this 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
an 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 redesignation
rather than petition for judicial review, unless the objection arises
after the comment period allowed for in the proposal.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
40 CFR Part 81
Air pollution Control, National Parks, Wilderness Areas.
Dated: September 11, 1998.
John P. DeVillars,
Regional Administrator, Region I.
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 52.376 is amended by revising paragraphs (a) and (b) and
by adding paragraph (d) 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
[[Page 53287]]
requirements under sections 172(c)(3) and 187(a)(1) of the Clean Air
Act as amended in 1990, as a revision to the carbon monoxide State
Implementation Plan for the Hartford/New Britain/Middletown carbon
monoxide nonattainment area and the New Haven/Meriden/Waterbury carbon
monoxide nonattainment area.
(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.
* * * * *
(d) Approval--On January 17, 1997, the Connecticut Department of
Environmental Protection submitted a request to redesignate the New
Haven/Meriden/Waterbury 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 emission inventory for carbon monoxide, a
demonstration of maintenance of the carbon monoxide NAAQS with
projected emission inventories to the year 2008 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 reformulated gasoline and the enhanced
motor vehicle inspection and maintenance 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.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Connecticut
2. Section 81.307 is amended by revising the table for
``Connecticut-Carbon Monoxide'' to read as follows:
Sec. 81.307 Connecticut.
* * * * *
Connecticut--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------------------------------------------
Date Type Date Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hartford-New Britain-Middletown Area:
Hartford County (part)............. 1/2/96 Attainment.
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)............... 1/2/96 Attainment.
Plymouth Town...................... 1/2/96 Attainment.
Middlesex County (part):
Cromwell Town, Durham Town, E.
Hampton Town, Haddam Town,
Middlefield Town, Middleton City,
Portland Town, E. Haddam Town
Tolland County (part):
Andover Town, Boton Town, Ellington 1/2/96 Attainment.
Town, Hebron Town, Somers Town,
Tolland Town, and Vernon Town
New Haven--Meriden--Waterbury Area..... 10/5/98 Attainment.
Fairfield County (part) Shelton ........... Attainment.
City.
Litchfield County (part):
Bethlehem Town, Thomaston Town, ........... Nonattainment.
Watertown, Woodbury Town.
New Haven County....................... ........... Attainment.
New York-N. New Jersey-Long Island
Area:
Fairfield County (part):
All cities and townships except ........... Nonattainment................................. ........... Moderate > 12.7 ppm.
Shelton City.
Litchfield County(part)............ ........... .............................................. ........... Moderate > 12.7 ppm.
[[Page 53288]]
Bridgewater Town, New Milford
Town
AQCR 041 Eastern Connecticut ........... Unclassifiable/Attainment.
Intrastate..
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 Connecticut ........... Unclassifiable/Attainment.
Intrastate..
Hartford County (part) Hartland
Township
Litchfield County (part):
All portions except cities and
towns in Hartford, New Haven,
and New York Areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 98-26453 Filed 10-2-98; 8:45 am]
BILLING CODE 6560-50-P
