[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Rules and Regulations]
[Pages 58637-58645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29304]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CT051-7209a; A-1-FRL-6182-2]


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 Connecticut Portion 
of the New York--N. New Jersey--Long Island Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request by the Connecticut Department of 
Environmental Protection (CTDEP) on May 29, 1998 to redesignate the 
Connecticut portion of the New York--N. New Jersey--Long Island carbon 
monoxide nonattainment area (hereinafter the southwest Connecticut 
nonattainment 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 (CAA) as amended in 1990, 
designations can be revised if sufficient air quality data is available 
to warrant such revisions. EPA is approving the Connecticut request 
because it meets the redesignation requirements set forth in the CAA. 
In this action, EPA is also approving the 1993 periodic emission 
inventory for CO emissions.

DATES: This action is effective January 4, 1999, unless EPA receives 
adverse or critical comments by December 2, 1998. Should the Agency 
receive such comments, it will publish a timely withdrawal informing 
the public that this rule will not take effect.

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 [email protected]

SUPPLEMENTARY INFORMATION: On May 29, 1998, the State of Connecticut 
submitted a formal redesignation request consisting of air quality data 
showing that the southwest Connecticut area is attaining the standard 
and a maintenance plan with all applicable requirements. In addition, 
in December, 1996, the State of Connecticut submitted a 1993 periodic 
carbon monoxide inventory 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 a rulemaking 
which set forth the attainment status for all States in relation to the 
National Ambient Air Quality Standards (NAAQS). The Connecticut portion 
of the New York--N. New Jersey-Long Island area was designated as 
nonattainment for carbon monoxide (CO) through this notice. This 
includes the municipalities in southwest Connecticut of Bethel, 
Bridgeport, Bridgewater, Brookfield, Danbury, Darien, Easton, 
Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, New Milford, 
Newtown, Norwalk, Redding, Ridgefield, Sherman, Stamford, Stratford, 
Trumbull, Weston, Westport, and Wilton.
    In a letter dated March 14, 1991 from the Connecticut Department of 
Environmental Protection to the EPA Administrator, the State 
recommended that the area be classified as moderate nonattainment for 
CO. The moderate classification was based on monitoring data measured 
outside the Connecticut portion of the nonattainment area. Therefore, 
this area is subject to the requirements of section 187 of the Clean 
Air Act which sets forth requirements for CO nonattainment areas. The 
1990 CAA required such areas to achieve the standard by December 31, 
1995 as per CAA section 186 (a)(1). Two one year extensions were 
granted pursuant to section 186 (a)(4), and the entire New York--N. New 
Jersey--Long Island Area has been attaining the NAAQS since 1997.
    The southwest Connecticut area makes up a portion of the New York--
N. New Jersey-Long Island CO nonattainment area. However, EPA has 
determined that Connecticut can

[[Page 58638]]

redesignate to attainment while the remaining two states remain 
designated as nonattainment. Specifically, the counties in New York and 
New Jersey will remain designated as nonattainment due to shortfalls in 
their respective state implementation plans (see further discussion 
below). However, since Connecticut has fulfilled all Clean Air Act 
requirements required to redesignate, the Connecticut portion of the 
tri-state nonattainment area can redesignate to attainment. Therefore, 
in an effort to comply with the CAA and to ensure continued attainment 
of the NAAQS, on May 29, 1998, the State of Connecticut submitted a CO 
redesignation request and a maintenance plan for the southwest 
Connecticut area. Connecticut submitted evidence that a public hearing 
was held on April 21, 1998.

B. Evaluation Criteria

Rationale for Redesignating the Connecticut Portion of the New York--N. 
New Jersey--Long Island Area
    EPA has concluded that the southwest Connecticut area can 
redesignate to attainment even though the New York and New Jersey 
portions of the nonattainment area will not be redesignating at this 
time. The entire tri-state area has the required two years of clean air 
quality data needed to allow an area to redesignate. Both New York and 
New Jersey have not, however, fulfilled all the Clean Air Act 
requirements for a CO State Implementation Plan (SIP). Therefore, New 
York and New Jersey cannot redesignate their CO nonattainment areas 
until all requirements are fulfilled. Connecticut has implemented all 
required control measures, including an enhanced inspection and 
maintenance program. EPA believes it is not reasonable in this case to 
prevent Connecticut from redesignating because of the failure of the 
other two states to fulfill their SIP obligations. To do so would have 
the effect of penalizing the one state of the three that has most 
diligently met its obligations under the Act.
    As a safeguard to assure that redesignating in Connecticut will not 
eliminate the tracking of multi-state impacts in this nonattainment 
area, Connecticut has agreed in this redesignation request to provide a 
broad, early trigger for contingency measures. Connecticut has 
committed to treating an exceedance of the CO standard in any of the 
three States as a trigger for contingency measures in Connecticut, 
rather than a violation in the area (further discussed in the 
continency measures section of this notice.) An exceedance in any part 
of the nonattainment area will trigger Connecticut's commitment to 
assess its impact on the area of exceedance and to take an appropriate 
response, if any, to address the exceedance.
    Current data suggest that Connecticut's contribution to CO 
exceedances in New York and New Jersey is not substantial. To support 
the fact that Connecticut has a minimal impact on CO concentrations in 
the other two states, EPA requested that Connecticut provide data on 
vehicle miles traveled (VMT) for Connecticut vehicles entering New York 
for work purposes. Approximately 1.1 percent of the total work trips 
entering the seven county New York CO nonattainment area originate from 
Connecticut (see the Technical Support Document for more information). 
Statistics on work trips to New Jersey that originate in Connecticut 
are not available at this time but would likely show a similar trend or 
even less contribution than in New York. Therefore, EPA concludes that 
vehicle trips originating in Connecticut make only a minor contribution 
to CO emissions in the New York and New Jersey portions of this 
nonattainment area.
    Section 107(d)(3)(A) of the Act provides for EPA to redesignate 
portions of nonattainment areas, including ``any area or portion of an 
area within the State or interstate area.'' Given the discretion 
provided under the Act to act on only a portion of an interstate 
nonattainment area, EPA is prepared to allow Connecticut to redesignate 
to attainment separately from New York and New Jersey. Not to do so 
would penalize Connecticut for other states' failure to meet their SIP 
obligations. Though the entire nonattainment area now has clean air 
data that support redesignation, Connecticut has committed to assessing 
its impact on any future CO exceedances anywhere in the area if air 
quality should deteriorate in the future. And finally, Connecticut's 
contribution to VMT and CO emissions in the other states is not 
substantial.
Requirements for Redesignation
    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.

C. Review of State Submittal

    The Connecticut redesignation request for the southwest Connecticut 
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 
which shows that the southwest Connecticut area has met the CO NAAQS. 
In addition, both New York and New Jersey have met the CO NAAQS but 
cannot redesignate due to shortfalls in their State implementation 
plans (as previously discussed). 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 1995 through calendar year 1996 relied upon by 
Connecticut in its redesignation request shows no violations of the CO 
NAAQS, and the area has had no exceedances since then. 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 cities of Stamford and Bridgeport.
    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 2010. No violations are 
expected throughout the maintenance period (through 2010).
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

[[Page 58639]]

redesignation request. The Southwest Connecticut CO SIP was fully 
approved by EPA on July 25, 1996 as meeting the CO SIP requirements in 
effect under the CAA. The 1990 CAA required that CO nonattainment areas 
achieve specific new requirements depending on the severity of the 
nonattainment classification. The requirements for the southwest 
Connecticut area include the development of an attainment 
demonstration, vehicle miles traveled forecasts, data providing proof 
that the standard has been achieved, the development of continency 
measures and a maintenance plan, preparation of a 1990 emission 
inventory with periodic updates, and adherence to the conformity rules. 
These requirements 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. 
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 southwest 
Connecticut 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 
southwest Connecticut 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.
    Section 187(a)(1) 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 1989 through 
January 1990. 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 1990 emissions inventory for the 
Connecticut portion of the New York--N. New Jersey--Long Island Area.
    Connecticut submitted its 1993 periodic inventory to EPA in 
December, 1996, and this included estimates for CO emissions for all 
three previously designated CO nonattainment areas (i.e., the Hartford/ 
New Britain/Middletown area, the New Haven/Meriden Waterbury area, and 
the southwest Connecticut area). EPA is approving the 1993 CO periodic 
emission inventory with this redesignation request based on a technical 
review of the inventory. The following list presents a summary of the 
1990 and 1993 CO peak season daily emissions estimates in tons per 
winter day (tpd) by source category for the southwest Connecticut area.

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                                                     Area       Non road      Mobile       Point        Total
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 1990 CO Emissions (tpd).......................       155.18        71.62       413.54        13.11       653.45
1993 CO Emissions (tpd)........................       188.93        73.54       277.29         2.64       542.40
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    Oxygenated fuel: On July 25, 1996, EPA approved in the Federal 
Register a SIP revision satisfying the requirements of section 211(m) 
of the CAA. This action approved Connecticut's oxygenated gasoline 
program as it applies to the southwestern control area. At this time, 
EPA determined that the length of the period prone to high ambient 
concentrations of CO for the New York-New Jersey-Connecticut CMSA to be 
from November 1 through the last day of February in this area. The 
scope of the Connecticut oxygenated gasoline program corresponds with 
this required control period, thereby satisfying that element of the 
section 211(m) requirements.
    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 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 southwestern control 
area. The regulation also contains the necessary labeling regulations, 
enforcement procedures, and oxygenate test methods.
    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 40 CFR 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 40 CFR 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.

[[Page 58640]]

    Although Connecticut has not yet adopted and submitted conformity 
SIP revisions, 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 2010 on-road emission 
totals outlined in the chart later in this notice is designated as the 
emissions budget for the southwest Connecticut CO nonattainment/ 
maintenance area.
3. Improvement in Air Quality Due to Permanent and Enforceable Measures
    EPA approved Connecticut's CO SIP on July 25, 1996. Emission 
reductions achieved through the implementation of control measures 
contained in that SIP are enforceable. These measures were: a basic 
inspection and maintenance program, reformulated gasoline, the federal 
motor vehicle control program, and the tier 1 emissions standards for 
new cars and trucks (began in the 1994 model year). The air quality 
improvements are due to the permanent and enforceable measures 
contained in the 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 investigation of traffic conditions that 
caused any exceedance of the nine parts per million CO NAAQS threshold, 
the implementation of the enhanced inspection and maintenance program 
(which began implementation on January 1, 1998), and the low emission 
vehicle program (LEV). Although most of these programs are being 
implemented as measures to achieve the NAAQS for ground level ozone, 
they are not required in 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 southwest Connecticut 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 southwest Connecticut 
area. The inventory includes 1997 emissions from area, stationary, and 
mobile sources using 1993 as the base year for calculations. In 
addition, a conformity budget of 205 tons/day for on-road mobile 
sources is being established to ensure that total projected CO emission 
during the maintenance period do not exceed the total attainment year 
inventory. This budget supersedes all previous budgets and should be 
used for all future transportation conformity determination made by the 
regional planning agencies.
    The 1997 inventory is considered representative of attainment 
conditions because the NAAQS was not violated during 1997 in the 
nonattainment area and the inventory was prepared in accordance with 
EPA guidance. Connecticut established CO emissions for the attainment 
year, 1997, as well as for the year 2010. The southwest Connecticut 
portion of the tri-state CO nonattainment area has measured compliance 
with the CO NAAQS since 1985. However, Connecticut is establishing the 
1997 inventory as the attainment inventory because 1997 was the first 
year that the entire tri-state area compiled two years of violation 
free monitoring data necessary to redesignate to attainment. These 
estimates were derived from the State's 1993 emissions inventory. The 
State submittal contains the following data:

[[Page 58641]]



                     Southwest Connecticut Nonattainment Area CO Emissions Inventory Summary
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                      Year                           Area       Non road      Mobile       Point        Total
----------------------------------------------------------------------------------------------------------------
1993...........................................        188.9         73.5        277.3          2.7        542.3
1997...........................................        189.4         73.7        216.1          2.7        481.9
2010...........................................        196.3         76.4        205.1          2.7        480.5
----------------------------------------------------------------------------------------------------------------

    To fulfill the requirements of a redesignation request, a 
maintenance plan must extend out 10 years or more from the date of this 
notice. Therefore, this information had to be provided through the year 
2010. This has fulfilled the 10 year requirement for maintenance plans.

B. Demonstration of Maintenance-Projected Inventories

    Total CO emissions were projected from the 1993 base year out to 
2010 as shown in the table in the preceding section. Connecticut 
projects that total CO emissions in 2010 will be less than CO emissions 
in the 1997 attainment year. These projected inventories were prepared 
in accordance with EPA guidance and included the benefits of federal 
motor vehicle controls, reformulated gasoline, and basic inspection and 
maintenance. These estimates are extremely conservative because they do 
not include oxygenated 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 southwest Connecticut 
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 2010 through 2020.

D. Contingency Plan

    The level of CO emissions in the southwest Connecticut 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 decided to implement contingency measures when an 
exceedance occurs even though they are only required if a violation 
occurs, therefore making the continency plan more stringent than is 
required. An exceedance occurs when a monitor measures CO levels above 
nine parts per million as a mean concentration over an eight hour 
period, and the NAAQS is violated if there are two or more exceedances 
in a given year. The State believes that an early trigger will allow 
Connecticut to take early measures in response to the emission problem 
to avoid another exceedance and/or persistence of a problem that could 
lead to a NAAQS violation.
    Connecticut has developed a three-stage contingency plan for the 
southwest Connecticut area. The first stage of the plan is to 
investigate the local traffic conditions where the exceedance occurred. 
The second stage is the implementation of the enhanced inspection and 
maintenance program as indicated earlier in this notice. The third is 
the low emission vehicle 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 three contingency measures, the 
later two of which 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 section C.2. of this notice, 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 southwest Connecticut 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 January 4, 1999, without further 
notice unless the Agency receives relevant adverse comments by December 
2, 1998.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal of the final rule 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. Any 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 January 4, 1999, and no further action will be taken on 
the proposal.

II. Final Action

    EPA is approving the southwest Connecticut CO redesignation because 
the State has demonstrated compliance with the requirements of section 
107(d)(3)(E) for redesignation and EPA is approving the maintenance 
plan because it meets the requirements set forth in section 175A of the 
CAA.
    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

[[Page 58642]]

action from Executive Order 12866 entitled ``Regulatory Planning and 
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 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 ``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 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 E.O. 
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 does not involve 
decisions intended to mitigate environmental health or safety risks.

D. 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, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other 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. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under Sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    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. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

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 January 4, 1999. 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

[[Page 58643]]

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, Ozone.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: October 21, 1998.
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.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                         Pollutant
                                         -----------------------------------------------------------------------
       Air quality control region                   SO2
                                         ------------------------    PM10         NO2         CO          O3
                                            Primary    Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 41: Eastern Connecticut Intrastate
 (See 40 CFR 81.183)....................         (a)         (a)         (a)         (a)         (a)         (d)
AQCR 42: Hartford-New Haven-Springfield
 Interstate Area (See 40 CFR 81.26).....
    All portions except City of New
     Haven..............................         (a)         (a)         (a)         (a)         (a)         (d)
    City of New Haven...................         (a)         (a)         (c)         (a)         (a)         (d)
AQCR 43: New Jersey-New York-Connecticut
 Interstate Area (See 40 CFR 81.13).....         (a)         (a)         (a)         (a)         (a)         (e)
AQCR 44: Northwestern Connecticut
 Intrastate (See 40 CFR 81.184).........         (a)         (a)         (a)         (a)         (a)         (d)
----------------------------------------------------------------------------------------------------------------
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. December 31, 1996 (two 1-year extensions granted).
d. November 15, 1999.
e. November 15, 2007.

    3. Section 52.376 is amended by revising paragraphs (a) and (d) and 
by adding 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 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, the New Haven/Meriden/Waterbury 
carbon monoxide nonattainment area, and the Connecticut Portion of the 
New York--N. New Jersey--Long Island carbon monoxide nonattainment 
area.
* * * * * *
    (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 establishes a motor vehicle emissions budget of 229 tons per 
day for carbon monoxide to be used in determining transportation 
conformity for the New Haven/Meriden/Waterbury area. 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.
    (e) Approval--In December, 1996, the Connecticut Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan for the 1993 periodic emission inventory. The 
inventory was submitted by the State of Connecticut to satisfy Federal 
requirements under section 187(a)(5) of the Clean Air Act as amended in 
1990, as a revision to the carbon monoxide State Implementation Plan.
    (f) Approval---On May 29, 1998, the Connecticut Department of 
Environmental Protection submitted a request to redesignate the 
Connecticut portion of the New York-N. New Jersey-Long Island 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 periodic emission inventory 
for carbon

[[Page 58644]]

monoxide, a demonstration of maintenance of the carbon monoxide NAAQS 
with projected emission inventories to the year 2010 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 an 
exceedance 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 investigating local traffic conditions, 
the enhanced motor vehicle inspection and maintenance program, and the 
low emissions vehicles program (LEV). The redesignation request 
establishes a motor vehicle emissions budget of 205 tons per day for 
carbon monoxide to be used in determining transportation conformity in 
the Connecticut Portion of the New York--N. New Jersey--Long Island 
Area. 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 81.307 entitled ``Connecticut-Carbon Monoxide'' is 
revised 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)........  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).......  1/4/99...................  Attainment........................  ........  .......
    All cities and townships
     except Shelton City
Litchfield County (part)......  1/4/99...................  Attainment........................  ........  .......
    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
         Harfford Area
    Windham County
AQCR 044 Northwestern           .........................  Unclassifiable/Attainment.........  ........  .......
 Connecticut Intrastate.

[[Page 58645]]

    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 Novemer 15, 1990, unless otherwise noted.
*                  *                  *                  *                  *                  *
   *

[FR Doc. 98-29304 Filed 10-30-98; 8:45 am]
BILLING CODE 6560-50-U