[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.

-----------------------------------------------------------------------

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 [email protected].

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.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                   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.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
                                              Designation                             Classification
        Designated area        ---------------------------------------------------------------------------------
                                  Date1                Type                Date1                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)...  .........  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
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.


[[Page 12005]]

* * * * *
[FR Doc. 99-2979 Filed 3-9-99; 8:45 am]
BILLING CODE 6560-50-P