[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Rules and Regulations]
[Pages 38574-38577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18644]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CT26-1-7198; A-1-FRL-5523-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Approval of the Carbon Monoxide Implementation Plan Submitted by the 
State of Connecticut Pursuant to Sections 186-187 and 211(m)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On September 15, 1995, EPA proposed to approve the State 
implementation plans (SIP) submitted by the State of Connecticut for 
the purpose of bringing about the attainment of the national ambient 
air quality standard (NAAQS) for carbon monoxide (CO). The 
implementation plans were submitted by the State to satisfy the 
requirements of Sections 187(a)(2)(A), 187(a)(3), 187(a)(7) and 211(m) 
of the Clean Air Act for an approvable nonattainment area CO SIP for 
Connecticut's portion of the New York-New Jersey-Connecticut CO 
nonattainment area. Public comments were solicited on Connecticut's SIP 
submittals, which included the CO attainment demonstration, contingency 
measures, vehicle miles travelled (VMT) forecasts and the oxygenated 
fuels program for Connecticut's portion of the New York-New Jersey-
Connecticut CO nonattainment area, and on EPA's proposed action. No 
public comments were received. In this action, EPA is finalizing the 
approvals of these SIP revisions. This document also updates 40 CFR 
52.372, 52.373, and 52.374.

EFFECTIVE DATE: August 26, 1996.

ADDRESSES: Copies of the SIP revision relevant to this action are 
available for public inspection during normal business hours at the 
following location: U.S. Environmental Protection Agency, Region I, Air 
Quality Planning Unit, One Congress Street, 11th floor, Boston, MA 
02203; and the Bureau of Air Management, Department of Environmental 
Protection, 79 Elm Street, Hartford, CT 06106.

FOR FURTHER INFORMATION CONTACT: Wing H. Chau, Air Quality Planning 
Unit (CAQ), Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, Region 1, J.F.K. Federal Building, Boston, MA 02203, 
(617) 565-3570.

SUPPLEMENTARY INFORMATION: On January 12, 1993, January 14, 1993 April 
7, 1994, and August 1, 1995, the Connecticut Department of 
Environmental Protection (DEP) submitted revisions to its State 
Implementation Plan (SIP) for air quality. The revisions are designed 
to satisfy the requirements of Sections 187(a)(2)(A), 187(a)(3), 
187(a)(7) and 211(m) of the Clean Air Act, as amended in 1990 (CAA).
    Those States containing CO nonattainment areas with design values 
greater than 12.7 parts per million (ppm) were required to submit, 
among other things, a State Implementation Plan revision, by November 
15, 1992, that contains a forecast of VMT in the nonattainment area for 
each year before the year in which the SIP projects the NAAQS for CO to 
be attained and an attainment demonstration such that the plan will 
provide for attainment by December 31, 1995 for moderate CO 
nonattainment areas. The SIP revision is also required to provide for 
annual updates of the VMT forecasts along with annual reports regarding 
the extent to which the forecasts proved to be accurate. In addition, 
these annual reports must contain estimates of actual VMT in each year 
for which a forecast was required. The attainment demonstration must 
include a SIP control strategy, which is also due by

[[Page 38575]]

November 15, 1992. The SIP control strategy for a given nonattainment 
area must be designed to ensure that the area meets the specific annual 
emissions reductions necessary for reaching attainment by the deadline. 
In addition, section 187(a)(3) requires these areas to implement 
contingency measures if any estimate of actual VMT or any updated VMT 
forecast for the area contained in an annual report for any year prior 
to attainment exceeds the number predicted in the most recent VMT 
forecast. Contingency measures are also triggered by failure to attain 
the NAAQS for CO by the attainment deadline. Contingency measures must 
be submitted with the CO SIP by November 15, 1992. Section 211(m) of 
the Act requires states with CO nonattainment areas classified as 
moderate or above to submit SIP revisions to implement oxygenated 
gasoline programs by November 1, 1992. The oxygenated gasoline program 
must require gasoline sold or dispensed in the CMSA encompassing the CO 
nonattainment area to contain not less than 2.7 percent oxygen by 
weight during the portion of the year in which the area is prone to 
high ambient CO levels. This control period is to be determined by the 
Administrator, but shall not be less than four months.
    On September 15, 1995, (60 FR 47907) EPA proposed approval of the 
SIP revisions designed to satisfy the requirements of Sections 
187(a)(2)(A), 187(a)(3), 187(a)(7) and 211(m) of the Clean Air Act, as 
amended in 1990 (CAA). Among the elements EPA proposed to approve was 
Connecticut's oxygenated gasoline program as it applies to the 
Southwestern Control Area and that portion of the definition of control 
period that applies to the Southwestern Control Area. In a separate 
action approving redesignation of the Hartford CO nonattainment area, 
EPA approved Connecticut's oxygenated gasoline requirements as they 
apply to the Hartford area. EPA is here approving the State's 
oxygenated gasoline requirements as they apply to the Southwestern 
Control Area, including the control period for this area. In final 
action on the New York CO SIP published elsewhere in today's Federal 
Register, EPA is determining that the length of the period prone to 
high ambient concentrations of CO for the New York-New Jersey-
Connecticut CMSA extends from November 1 through the last day of 
February. The scope of the Connecticut oxygenated gasoline program 
corresponds with this required control period, thereby satisfying that 
element of the section 211(m) requirements. Please refer to the 
September 15, 1995, Federal Register (60 FR 47907), the August 31, 
1995, technical support document and the New York CO SIP approval for 
additional information on this final rule.

Public Comments

    The public comment period for the September 15, 1995, (60 FR 
47907), notice of proposed rulemaking to approve the SIP revisions 
submitted by the State of Connecticut for the purpose of bringing about 
the attainment of the National Ambient Air Quality Standard (NAAQS) for 
carbon monoxide closed on October 16, 1995, and no comments were 
received.

Final Rulemaking Action

    The EPA is approving collectively the plan revisions submitted to 
EPA for the Connecticut portion of the NY-NJ-CT CO nonattainment area 
on January 12, 1993, January 14, 1993, April 7, 1994, and August 1, 
1995. Among other things, Connecticut has demonstrated that the 
Connecticut portion of the NY-NJ-CT CO nonattainment area will continue 
to attain the CO NAAQS through December 31, 1995, the applicable 
attainment date.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from review under Executive Order 
12866.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    A SIP approval does not create any new requirements, but simply 
approve requirements that the State is already imposing. Therefore, 
because the federal SIP-approval does not impose any new requirements, 
I certify that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the federal-state 
relationship under the CAA, preparation of a regulatory flexibility 
analysis would constitute federal inquiry into the economic 
reasonableness of state action. The CAA forbids EPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A., 427 
U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2).
    As noted, additional submittals for the CO nonattainment areas are 
required under Section 186 and 187 of the Act. The EPA will determine 
the adequacy of any such submittal as appropriate. Nothing in this 
action should be construed as permitting or allowing or establishing a 
precedent for any future request for revision to any State 
implementation plan. Each request for revision to the State 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    The Administrator's decision to approve or disapprove the SIP 
revision will be based on whether it meets the requirements of Section 
110(a)(2)(A)-(K) and 110(a)(3) of the Clean Air Act, as amended, and 
EPA regulations in 40 CFR Part 51.

Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 25, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 175A and 
section 187(a)(1) of the Clean Air Act. The rules and commitments 
approved in this action may bind State, local and tribal governments to 
perform certain actions and also may ultimately lead to the private 
sector being required to certain duties. To the extent that the 
imposition of any mandate upon the State, local or tribal governments 
either as the owner or operator of a source or as mandate upon the 
private sector, EPA's action will impose no new requirements under 
State law; such sources are already subject to these requirements under 
State law. Accordingly, no additional costs to State, local, or tribal 
governments, or to the private sector, results from this action. EPA 
has also determined that this final action does not include a mandate 
that may result in estimated costs of $100 million or more to State,

[[Page 38576]]

local, or tribal governments in the aggregate or to the private sector.

Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of this rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

List of Subjects in 40 CFR Part 52

    Incorporation by reference, Environmental protection, Air pollution 
control, Carbon monoxide, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: June 7, 1996.
John P. DeVillars,
Regional Administrator, EPA-Region 1.

    Title 40 of the Code of Federal Regulations, chapter I, part 52 is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart H-Connecticut

    2. Section 52.370 is amended by adding paragraph (c)(71) to read as 
follows:


Sec. 52.370   Identification of plan.

* * * * *
    (c) * * *
    (71) Revisions to the Connecticut State Implementation Plan (SIP) 
for carbon monoxide concerning the control of carbon monoxide from 
mobile sources, dated January 12, 1993, January 14, 1993, April 7, 
1994, and August 1, 1995 submitted by the Connecticut Department of 
Environmental Protection (CT DEP).
    (i) Incorporation by reference.
    (A) Letter dated August 1, 1995 which included the amendments and 
revisions to the Regulation of Connecticut State Agencies (RCSA), 
Section 22a-174-28(a) regarding the definition for the Southwestern 
Control Area and that portion of the definition of ``control period'' 
that applies to the Southwestern Control Area with an effective date of 
July 26, 1995.
    (ii) Additional materials.
    (A) January 12, 1993 and April 7, 1994, VMT forecasts beginning 
with the year 1993 and including all subsequent years up to the year of 
attainment (1995).
    (B) January 12, 1993 and April 7, 1994, Carbon Monoxide Attainment 
Demonstration and Contingency Measures.
    3. Section 52.372 is removed and reserved.


Sec. 52.372   [Removed and reserved]

    4. Section 52.373 is revised to read as follows:


Sec. 52.373   Approval status.

    (a) The Administrator approves the general procedures of the 
state's sulfur control regulations (19-508-19) and accompanying 
narrative submitted on October 23, 1981, and November 4, 1981 and 
identified under Sec. 52.370(c)(18), provided that any individual 
source approvals granted by the state under the Air Pollution Control/
Energy Trade Option and solid fuel burning permitting system are 
submitted to EPA as SIP revisions.
    (b) The Administrator approves the total suspended particulate 
regulation for foundry sand processes as submitted and identified under 
paragraph (c)(22) of this section. This includes only the requirement 
to remove ninety percent of the particulate matter and not the 
requirement to emit not more than 0.75 pounds of particulate per ton of 
material cast, a provision which may be found in state regulation 19-
508-18(f)(3).
    5. Section 52.374 is amended by revising the table to read as 
follows:


Sec. 52.374   Attainment dates for national standards.

* * * * *

                              Attainment Dates Established By Clean Air Act of 1990                             
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                                                                   Pollutant                                    
                             -----------------------------------------------------------------------------------
 Air quality control region               SO2                                                                   
   and nonattainment area    ----------------------------     PM-10          NO2           CO            O3     
                                 Primary      Secondary                                                         
----------------------------------------------------------------------------------------------------------------
AQCR 41: Eastern Connecticut                                                                                    
 Intrastate:                                                                                                    
    Middlesex County (part)                                                                                     
     All portions except                                                                                        
     cities and towns in                                                                                        
     Hartford Area..........          (a)           (b)           (a)           (a)           (a)           (a) 
    New London County.......          (a)           (b)           (a)           (a)           (a)           (a) 
    Tolland County (part)                                                                                       
     All portions except                                                                                        
     cities and towns in                                                                                        
     Hartford Area..........          (a)           (b)           (a)           (a)           (a)           (e) 
    Windham County..........          (a)           (b)           (a)           (a)           (a)           (e) 
AQCR 42: Hartford-New Haven-                                                                                    
 Springfield Interstate:                                                                                        
    Hartford-New Britian-                                                                                       
     Middletown Area                                                                                            
        Hartford County                                                                                         
         (part) See 40 CFR                                                                                      
         81.307.............          (a)           (b)           (a)           (a)           (d)           (e) 
        Litchfield County                                                                                       
         (part) See 40 CFR                                                                                      
         81.307.............          (a)           (b)           (a)           (a)           (d)           (e) 
        Middlesex County                                                                                        
         (part) See 40 CFR                                                                                      
         81.307.............          (a)           (b)           (a)           (a)           (d)           (e) 
        Tolland County                                                                                          
         (part) See 40 CFR                                                                                      
         81.307.............          (a)           (b)           (a)           (a)           (d)           (e) 
    New Haven-Meriden-                                                                                          
     Waterbury Area                                                                                             
        Fairfield County                                                                                        
         (part) See 40 CFR                                                                                      
         81.307.............          (a)           (b)           (a)           (a)           (c)           (e) 
        Litchfield County                                                                                       
         (part) See 40 CFR                                                                                      
         81.307.............          (a)           (b)           (a)           (a)           (c)           (e) 
        New Haven County                                                                                        
            All portions                                                                                        
             except City of                                                                                     
             New Haven......          (a)           (b)           (a)           (a)           (c)           (e) 
            City of New                                                                                         
             Haven..........          (a)           (b)           (a)           (a)           (c)           (e) 
AQCR 43: NY-NJ-CT                                                                                               
 Interstate:                                                                                                    
    New York-N. New Jersey-                                                                                     
     Long Island Area                                                                                           
        Fairfield County                                                                                        
         (part) See 40 CFR                                                                                      
         81.307.............          (a)           (b)           (a)           (a)           (c)           (e) 
        Litchfield County                                                                                       
         (part) See 40 CFR                                                                                      
         81.307.............          (a)           (b)           (a)           (a)           (c)           (e) 
AQCR 44: Northwestern                                                                                           
 Connecticut Intrastate                                                                                         
    Hartford County (part)                                                                                      
     Hartland Township......          (a)           (b)           (a)           (a)           (a)               

[[Page 38577]]

                                                                                                                
    Litchfield County (part)                                                                                    
     All portions except                                                                                        
     cities and towns in                                                                                        
     Hartford, New Haven,                                                                                       
     and New York Areas.....          (a)           (b)           (a)           (a)           (a)           (e) 
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(a) Air quality levels presently below primary standards or area is unclassifiable.                             
(b) Air quality levels presently below secondary standards or area is unclassifiable.                           
(c) November 15, 1995.                                                                                          
(d) December 31, 1995.                                                                                          
(e) November 15, 1999.                                                                                          
(f) November 15, 2007.                                                                                          
(g) December 31, 1995 (one-year extension granted).                                                             


    6. Section 52.376 is amended by adding paragraph (c) to read as 
follows:


Sec. 52.376  Control strategy: Carbon monoxide.

* * * * *
    (c) Approval-On January 12, 1993 and April 7, 1994, the Connecticut 
Department of Environmental Protection submitted revisions to the 
carbon monoxide State Implementation Plan for VMT forecasts, 
contingency measures, and attainment demonstration for CO. These VMT 
forecasts, contingency measures, and attainment demonstration were 
submitted by Connecticut to satisfy Federal requirements under sections 
187(a)(2)(A), 187(a)(3) and 187(a)(7) of the Clean Air Act, as amended 
in 1990, as revisions to the carbon monoxide State Implementation Plan.
[FR Doc. 96-18644 Filed 7-24-96; 8:45 am]
BILLING CODE 6560-50-P