[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Rules and Regulations]
[Pages 12002-12005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2979]
[[Page 12001]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 52 et al.
Approval and Promulgation of Air Quality Implementation Plans; Rules
and Proposed Rules
Federal Register / Vol. 64, No. 46 / Wednesday, March 10, 1999 /
Rules and Regulations
[[Page 12002]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CT051-7209; A-1-FRL-6224-8]
Removal of the Approval of the Maintenance Plan, Carbon Monoxide
Redesignation Plan and Emissions Inventory for the Connecticut Portion
of the New York-N. New Jersey-Long Island Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On November 2, 1998 (63 FR 58637), EPA published a direct
final rule that approved the maintenance plan, carbon monoxide
redesignation plan, and emissions inventory for the Connecticut portion
of the New York-N. New Jersey-Long Island Area. EPA stated in that
direct final rule that if we received adverse comment by December 2,
1998, the rule would not take effect and EPA would publish a timely
notice withdrawing the rule. EPA subsequently received adverse comment
on that direct final rule, but did not publish the withdrawal notice
prior to the effective date of the direct final rule. In this action,
EPA is removing the amendments that were published in the November 2,
1998, direct final rule. In today's Federal Register, EPA also is
issuing a subsequent direct final rule and parallel proposal that
addresses the adverse comment EPA received on the November 2, 1998 rule
and approves the Connecticut portion of the New York-N. New Jersey-Long
Island Area.
DATES: This action is effective March 10, 1999.
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, One Congress Street, Suite 1100, Boston, MA 02114-2023, or at
(617) 918-1665 or butensky.jeff@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is removing the amendments to this rule
that were published as a direct final rule on November 2, 1998. Those
amendments approved the redesignation request, maintenance plan, and
emissions inventory for the State of Connecticut intended to
redesignate the Connecticut portion of the New York-N. New Jersey-Long
Island nonattainment area to attainment for carbon monoxide. That
action was to establish the area as attainment for carbon monoxide and
require the state to implement their 10 year maintenance plan. Since
EPA received a letter dated December 2, 1998 with adverse comments from
the State of Connecticut, by its terms, the direct final rule should
not have become effective. EPA, therefore, is hereby removing those
amendments in today's action. Also, in today's Federal Register, EPA is
publishing a subsequent direct final rulemaking, which approves the
enhanced inspection and maintenance program in Connecticut and also
addresses the comment we received from the State of Connecticut on
EPA's November 2, 1998 direct final rule. That action also articulates
an additional legal rationale for the redesignation and invites comment
on that action before the rule becomes effective. EPA is offering the
public another opportunity to comment on the issue raised in that
comment and on the action as a whole in that direct final rule in
today's Federal Register.
This removal action is simply a ministerial correction of the prior
direct final rulemaking, which by its terms should not have become
effective because Connecticut commented adversely on the redesignation
action. Therefore, EPA is invoking the good cause exception under the
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B) because EPA
believes that notice-and-comment rulemaking of this removal action is
contrary to the public interest and unnecessary. This removal action
merely corrects the status of the previous direct final rulemaking. EPA
stated in the November 2, 1998 direct final action that should adverse
comment be received, the rule would not take effect. The rule took
effect because EPA did not publish a timely withdrawal in the Federal
Register prior to the rule's effective date. It would be contrary to
the public interest to keep that final rule in effect when it should
not have taken effect since adverse comment was received. Additionally,
notice-and-comment on this action is unnecessary because EPA is
affording the public an opportunity to comment on any issues raised by
this rulemaking and the comment EPA received in the parallel direct
final action published elsewhere in today's Federal Register.
Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). This rule also does not require prior consultation
with State, local, and tribal government officials as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655 (May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O.
13045 as applying only to those regulatory actions that are based on
health or safety risks, such that the analysis required under section
5-501 of the Order has the potential to influence the regulation. This
rule is not subject to E.O. 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefor, and established an effective date of March 10, 1999.
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 action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 10, 1999. Filing a
petition for reconsideration by
[[Page 12003]]
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).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
hydrocabons, Intergovernmental relations, Ozone.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
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: January 15, 1999.
John P. DeVillars,
Regional Administrator, Region I.
40 CFR Parts 52 and 81 are 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 52.374 is amended by revising the table to read as
follows:
Sec. 52.374 Attainment dates for national standards.
* * * * *
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Pollutant
-----------------------------------------------------------------------------------
Air quality control region SO2
and nonattainment area ---------------------------- PM10 NOX CO O3
Primary Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 41: Eastern Connecticut
Interstate
Middlesex County (part)..... (a) (b) (a) (a) (a) (a)
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)
AQCR 42: Hartford-New Haven-
Springfield Interstate
Hartford-New Britain-
Middletown Area
Hartford County (part) See (a) (b) (a) (a) (d) (e)
40 CFR 81.307..............
Litchfield County (part) See (a) (b) (a) (a) (d) (e)
40 CFR 81.307..............
Middlesex County (part) See (a) (b) (a) (a) (d) (e)
40 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) (a) (b) (a) (a) (d) (e)
See 40 CFR 81.307......
Litchfield County (part) (a) (b) (a) (a) (d) (e)
See 40 CFR 81.307......
New Haven County:
All portions except City (a) (b) (a) (a) (d) (e)
of 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 (a) (b) (a) (a) (d) (f)
40 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) (a) (b) (a) (a) (a) (e)
See 40 CFR 81.307......
All portions except
cities and towns in
Hartford, New Haven,
and New York Areas.
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a Air quality levels presently below primary standards or area is unclassifiable.
b Air quality levels presently below secondary standards or area is unclassifiable.
c November 15, 1995.
d December 31, 1995.
e November 15, 1999.
f November 15, 2007.
g December 31, 1996 (two 1-year extensions granted).
3. Section 52.376 is amended by revising paragraphs (a) and (d) and
removing paragraphs (e) and (f) 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 sections 182(a) of the Clean Air Act as
amended in 1990, as a revision to the carbon monoxide State
Implementation Plan.
* * * * *
(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,
[[Page 12004]]
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--Section 107 Attainment Status Designations
2. The table in Sec. 81.307 entitled ``Connecticut-Carbon
Monoxide'' is revised to read as follows:
Sec. 81.307 Connecticut.
* * * * *
Connecticut--Carbon Monoxide
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Designation Classification
Designated area ---------------------------------------------------------------------------------
Date1 Type Date1 Type
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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
Middlesex County (part)... 1/2/96 Attainment.
Cromwell Town, Durham
Town, E. Hampton
Town, Haddam Town,
Middlefield Town,
Middletown City,
Portland Town, E.
Haddam Town
Tolland County (part)..... 1/2/96 Attainment.
Andover Town, Bolton
Town, Ellington Town,
Hebron Town, Somers
Town, Tolland Town,
and Vernon Town
New Haven--Meriden--Waterbury
Area:
Fairfield County (part)... 12/4/98 Attainment.
Shelton City
Litchfield County (part).. 12/4/98 Attainment.
Bethlehem Town,
Thomaston Town,
Watertown, Woodbury
Town
New Haven County.......... 12/4/98 Attainment.
New York-N. New Jersey-Long
Island Area:
Fairfield County (part)... ......... Nonattainment............... ......... Moderate > 12.7ppm
All cities and
townships except
Shelton City
Litchfield County (part).. ......... Nonattainment............... ......... Moderate > 12.7ppm
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 ......... Unclassifiable/Attainment.
Connecticut Intrastate.
Hartford County (part)--
Hartland Township
Litchfield County (part)--
All portions except
cities and towns in
Hartford, New Haven, and
New York Areas
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\1\ This date is November 15, 1990, unless otherwise noted.
[[Page 12005]]
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[FR Doc. 99-2979 Filed 3-9-99; 8:45 am]
BILLING CODE 6560-50-P
