[Federal Register Volume 64, Number 230 (Wednesday, December 1, 1999)]
[Rules and Regulations]
[Pages 67188-67193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31045]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT060-7219a; A-1-FRL-6479-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Removal of Oxygenated Gasoline Requirement for the 
Connecticut Portion of the New York-N. New Jersey-Long Island Area (the 
``Southwest Connecticut Area'')

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In today's action, EPA is approving a State Implementation 
Plan (SIP) revision under the Clean Air Act submitted by the State of 
Connecticut on October 7, 1999 to remove Connecticut's oxygenated 
gasoline program as a carbon monoxide control (CO) measure from the 
SIP. The SIP revision includes revised regulations adopted by 
Connecticut which redefine the control period for oxygenated gasoline 
in southwest Connecticut such that the oxygenated gasoline program is 
not required to be implemented except in the unlikely event of a 
violation of the CO standard in the area. EPA supports this regulatory 
amendment since it is consistent with the CO redesignation and 
maintenance plan for the southwest Connecticut area that EPA approved 
on March 10, 1999 (64 FR 12005).

DATES: This direct final rule is effective on January 31, 2000 without 
further notice, unless EPA receives adverse comment by January 3, 2000. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the 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, One Congress Street, Suite 1100 Boston, MA 
02114-2023. Copies of the documents relevant to this action are 
available for public inspection during normal business hours, by 
appointment at the Office Ecosystem Protection, U.S. Environmental 
Protection Agency, Region I, One Congress Street, 11th floor, Boston, 
MA; Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, S.W., (LE-131), Washington, D.C. 
20460; and the Bureau of Air Management, Department of Environmental 
Protection, State Office Building, 79 Elm Street, Hartford, CT 06106-
1630.

FOR FURTHER INFORMATION CONTACT: Jeff Butensky, Environmental Planner; 
(617) 918-1665; [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Contents

What action is EPA taking today?
What is the oxygenated gasoline program and how does it apply to 
Connecticut?
What is the purpose and content of Connecticut's SIP Revision?
How have the criteria for removing oxygenated gasoline been met?
What is the contingency plan for carbon monoxide?
Conclusion

What Action Is EPA Taking Today?

    On October 7, 1999, the State of Connecticut submitted a formal 
revision to its SIP removing the oxygenated gasoline program as a CO 
control measure for the southwest Connecticut area. In the CO 
redesignation published on March 10, 1999 (64 FR 12005), EPA agreed 
that Connectocut's CO SIP does not rely on the oxygenated gasoline 
program to maintain the CO National Ambient Air Quality Standard 
(NAAQS) in the southwest Connecticut area.
    Under Clean Air Act section 211(m), 42 U.S.C. 7545(m), States with 
certain CO nonattainment areas are required to implement oxygenated 
gasoline programs. Once such an area subsequently attains the CO NAAQS, 
oxygenated gasoline requirements may be removed if it is demonstrated 
that the program is not needed to maintain attainment in that area. See 
Clean Air Act section 110(l), 42 U.S.C. 7410(l). CO concentrations 
throughout the New York City area (which includes the southwest 
Connecticut area) have been below the CO NAAQS for more than four 
years, and the CO NAAQS has not been exceeded in southwest Connecticut 
since 1985.
    Through the use of EPA's MOBILE computer model and air quality 
dispersion modeling, it has been determined that the oxygenated 
gasoline program no longer needs to be implemented to maintain 
attainment of the CO NAAQS. The CO NAAQS will not be violated in the 
future if the program is removed as a control strategy. Improved CO 
levels are attributable primarily to three sources of emission 
reductions: (1) turnover of vehicle fleets in the area to more 
sophisticated cleaner technology vehicles; (2) implementation of 
reformulated gasoline year round; and (3) the recent implementation of 
the enhanced vehicle inspection and maintenance (I/M) program in 
Connecticut. This modeling supports the conclusion that the area will 
remain well below the NAAQS without the wintertime oxygenated gasoline 
program in place.

What Is the Oxygenated Gasoline Program and How Does It Apply to 
Connecticut?

    The oxygenated gasoline program is designed to reduce CO pollution 
from gasoline powered vehicles including passenger cars, sport utility 
vehicles and light trucks, which are significant contributors of CO 
emissions. Inhaling CO inhibits the blood's capacity to carry oxygen to 
organs and tissues. Persons with heart disease, infants, elderly 
persons, and individuals with respiratory diseases are particularly 
sensitive to CO. Effects of CO on healthy adults include impaired 
exercise capacity, visual perception, manual dexterity, learning 
functions, and ability to perform complex tasks.
    On March 3, 1978, (43 FR 8962), EPA published a rulemaking that set 
forth the attainment status for all States in relation to the NAAQS. 
The Connecticut portion of the New York--N. New Jersey-Long Island area 
was designated as nonattainment for CO through this notice.
    The Clean Air Act sets forth a number of SIP requirements for 
States with areas designated as nonattainment for the CO NAAQS. Section 
211(m) of the Clean Air Act requires States with CO nonattainment 
areas, having design values of 9.5 parts per million (ppm) CO or above 
for any two-year period after 1989, to implement oxygenated gasoline 
programs. The requirement for an oxygenated gasoline program is to 
apply during the high CO season, which is generally during the colder 
winter

[[Page 67189]]

months when cars tend to have higher tailpipe CO emissions. Oxygenated 
gasoline programs require that, during the high CO season, gasoline 
contain at least 2.7% oxygen by weight. This requirement was intended 
to assure more complete gasoline combustion, thus achieving a reduction 
in tailpipe emissions.
    The requirement for an oxygenated gasoline program applies to 
southwest Connecticut because this area is included in the New York 
City CO nonattainment area which had a design value for CO above 9.5 
ppm. In a letter to EPA dated March 14, 1991, the Connecticut 
Department of Environmental Protection (CTDEP) recommended that the 
southwest Connecticut area be classified as moderate nonattainment for 
CO based on monitoring data measured outside the Connecticut portion of 
the nonattainment area, which includes the aforementioned parts of New 
York State and New Jersey. Therefore, although the southwest 
Connecticut area was attaining the standard prior to 1990, the area had 
to implement the oxygenated gasoline program as part of the New York-N. 
New Jersey-Long Island Area. The municipalities included in the 
Connecticut area are 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.1 EPA also determined that oxygenated gasoline must 
contain a minimum oxygen content of 2.7 percent by weight of oxygen, 
specific labeling requirements, and enforcement procedures (57 FR 47849 
(October 20, 1992)).
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    \1\ Because Clean Air Act section 211(m) applies to the larger 
of the Consolidated Metropolitan Statistical Areas (CMSA) or the 
metropolitan statistical area in which the nonattainment area is 
located, the oxygenated gasoline requirement for the area applies 
throughout the larger CMSA.
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    On September 30, 1994, Connecticut submitted to EPA its oxygenated 
gasoline program contained in section 22a-174-28 of the Regulations of 
Connecticut State Agencies, entitled ``Oxygenated gasoline.'' EPA 
approved this submittal as it applies to southwest Connecticut on July 
25, 1996 (61 FR 38574), thereby satisfying the requirements of section 
211(m) of the Clean Air Act. This action also defined the control 
period (i.e, the period that oxygenated gasoline must be sold in the 
area) to be the four month period from November 1 through the last day 
of February.

What Is the Purpose and Content of Connecticut's SIP Revision?

    Connecticut submitted an oxygenated gasoline SIP revision to EPA on 
October 7, 1999. The submittal revised the SIP to remove Connecticut's 
oxygenated gasoline program as a CO control measure. The SIP revision 
documents that the Connecticut Department of Environmental Protection 
held a public hearing on August 5, 1999 to take comment on the State's 
proposed rulemaking to remove the State requirements for its oxygenated 
gasoline program in Connecticut. The rulemaking was adopted by the 
State of Connecticut on September 28, 1999, and submitted to EPA as a 
formal SIP revision on October 7, 1999.
    The 1990 Clean Air Act required areas to achieve the CO standard by 
December 31, 1995, and the Connecticut area has measured no violations 
of the CO standard since 1985. This area was allowed to redesignate 
based on the entire area attaining, and the southwest Connecticut area 
was redesignated to attainment on March 10, 1999 (64 FR 12005). As a 
result of the redesignation to attainment, the area became eligible to 
drop the oxygenated gasoline requirement and convert it to a 
contingency measure. Removal of the oxygenated gasoline program is 
supported by the State's demonstration that the area is attaining the 
CO NAAQS and will continue to attain even without implementation of the 
oxygenated gasoline program. EPA supports this regulatory amendment 
since it is consistent with the CO redesignation and maintenance plan 
for the southwest Connecticut area that EPA approved on March 10, 1999 
(64 FR 12005).
    On September 9, 1999 (64 FR 48974), EPA approved the removal of the 
oxygenated gasoline program for the New Jersey portion of the CO 
control area. The submittal from New Jersey contained an analysis of 
multi-state air quality and impacts of oxygenated gasoline removal 
which confirmed that the area will continue to attain the CO NAAQS with 
the removal of oxygenated gasoline. In addition, the CO redesignation 
submitted by Connecticut on May 29, 1998 and approved by EPA on March 
10, 1999 (64 FR 12005) also demonstrated that removing oxygenated 
gasoline in Connecticut would have inconsequential impact on the other 
two states CO attainment.
    Based on EPA's determination that the entire CMSA is attaining the 
CO NAAQS, EPA is approving Connecticut's SIP revision, submitted on 
October 7, 1999, to remove the State's oxygenated gasoline program and 
convert it to a contingency measure in the CO SIP.

How Have the Criteria for Removing Oxygenated Gasoline Been Met?

    The entire New York-N. New Jersey-Long Island area (which includes 
the southwest Connecticut area) has attained the CO NAAQS since 1995. 
In 1994, New Jersey experienced two violations of the CO NAAQS that 
were recorded at monitoring stations in North Bergen and Elizabeth in 
Northern New Jersey. Since 1995, no subsequent violations were recorded 
in Northern New Jersey. Since 1994, no violations of the CO NAAQS were 
recorded in the New York portion of the area, and southwest Connecticut 
area has not had an exceedance of the standard since 1985.2
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    \2\ An exceedance occurs when an average CO concentration 
greater than or equal to 9.5 ppm is recorded over an eight-hour 
period. A violation occurs when two non-overlapping exceedances are 
recorded at the same monitoring site during the same calendar year.
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    Two CO monitors meeting EPA siting criteria are maintained in the 
southwest Connecticut portion of the New York City CO nonattainment 
area. Locations for these monitors were selected to assure good 
representation of both CO exposure to people and the maximum CO 
concentrations which would occur, and were placed in the cities of 
Bridgeport and Stamford.
    Monitoring data from these locations are collected and quality-
assured in accordance with 40 CFR part 58. In accordance with EPA's 
protocol for determining CO exceedances, the following table lists the 
second highest recorded CO concentrations, in ppm, at each monitoring 
station for the calendar years 1994 through 1998:

Connecticut CO Air Quality Data Summary--CO NAAQS Exceedance Level = 9.5
                                   ppm
------------------------------------------------------------------------
                     Year                        Bridgeport    Stamford
------------------------------------------------------------------------
1994..........................................          5.8          6.2
1995..........................................          4.9          5.4
1996..........................................          3.0          4.1
1997..........................................          4.0          5.1
1998..........................................          2.8          3.8
------------------------------------------------------------------------

    Prior to today's action, EPA approved the redesignation of the 
southwest Connecticut portion of the New York City CO nonattainment 
area (64 FR 12005, March 10, 1999). As part of its action to approve 
Connecticut's redesignation, EPA also approved the maintenance 
demonstration for southwest Connecticut. Furthermore, EPA has also 
determined that CO

[[Page 67190]]

maintenance is demonstrated in southwest Connecticut without reliance 
on oxygenated gasoline implementation. Connecticut has demonstrated 
that any increase in CO emissions that might result from removing the 
oxygenated gasoline requirement will not contribute to CO emissions 
that exceed the CO emissions budget EPA approved in Connecticut's 
maintenance plan. In addition, the redesignation included an analysis 
of the impacts that removing the Connecticut program would have on New 
York and New Jersey, and these impacts were deemed inconsequential. 
Additional detail on the CO maintenance demonstration analysis for 
Connecticut can be found at 63 FR 58637 (November 2, 1998) and 64 FR 
12005 (March 10, 1999).
    Based on EPA's determination that the entire area is attaining the 
CO NAAQS and will continue to meet the standard even without the 
oxygenated gasoline program, EPA is approving Connecticut's SIP 
revision, submitted on October 7, 1999, which removes the State's 
oxygenated gasoline requirement program from its CO SIP.

What Is the Contingency Plan for Carbon Monoxide?

    In the March 10, 1999 Federal Register (64 FR 12005), EPA 
determined, through Connecticut's use of EPA's MOBILE computer model 
and air quality dispersion modeling, that the oxygenated gasoline 
program is no longer necessary for Connecticut because it has been 
demonstrated that the CO NAAQS will not be violated anywhere in the 
CMSA if the program is removed. Furthermore, since the area was 
redesignated to attainment for CO, Connecticut is no longer required to 
implement the oxygenated gasoline program but must keep it in the SIP 
as a contingency measure. See Clean Air Act section 175A(d), 42 U.S.C. 
7505a(d). However, the State is required to implement the maintenance 
plan approved into the SIP on March 10, 1999.
    Connecticut developed a three-stage contingency plan for the 
southwest Connecticut area to be implemented in the unlikely event of 
an exceedance. The State will implement contingency measures when a CO 
exceedance occurs even though they are only required if a violation 
occurs, therefore making the continency plan more stringent than is 
required (again, see March 10, 1999 redesignation at 64 FR 12005). As 
mentioned earlier, an exceedance occurs when a monitor measures CO 
levels of 9.5 parts per million as a mean concentration over an eight-
hour period. If this were to occur, 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, and the third is the low emission vehicle program 
(both are already being implemented for ground-level ozone purposes.) 
The State believes that an early trigger (an exceedance rather than 
violation) 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's revised ``Oxygenated gasoline'' regulation contained 
in section 22a-174-28 of the Regulations of Connecticut State Agencies 
only applies if a violation of the CO standard (the NAAQS is violated 
if there are two or more exceedances in a given year) is recorded. 
Therefore, the oxygenated gasoline program essentially becomes a fourth 
contingency measure for the southwest Connecticut area. See the 
technical support document and the March 10, 1999 Federal Register for 
more information on CO contingency measures.

Conclusion

    EPA has determined that the southwest Connecticut CO nonattainment 
area has attained the CO National Ambient Air Quality Standard and can 
maintain attainment without the continued implementation of its 
oxygenated gasoline program. As a consequence of this determination, 
EPA is approving Connecticut's October 7, 1999 SIP revision to remove 
the State's oxygenated gasoline program requirement from the federally 
approved State Implementation Plan and convert it to a contingency 
measure.

II. Final Action

    EPA is approving removal of oxygenated gasoline requirement for the 
Connecticut portion of the New York-N. New Jersey-Long Island Area. The 
Agency has reviewed this request for revision of the federally-approved 
State implementation plan for conformance with the provisions of the 
1990 Clean Air Act Amendments enacted on November 15, 1990. EPA is also 
making a minor technical correction to the Code of Federal Regulations 
to remove a CO attainment date extension that is no longer relevant to 
the State.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment 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 to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective January 
31, 2000 without further notice unless the Agency receives relevant 
adverse comments by January 3, 2000.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Only parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, the public is advised that this rule 
will be effective on January 31, 2000 and no further action will be 
taken on the proposed rule.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Orders on Federalism

    Executive Order 13132 on Federalism (64 FR 43255, August 10, 1999) 
revokes and replaces Executive Orders 12612 (Federalism) and 12875 
(Enhancing the Intergovernmental Partnership). Executive Order 13132 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' is defined in the Executive Order 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' Under Executive Order 13132, EPA may 
not issue a regulation that has federalism implications, that imposes 
substantial direct compliance costs, and that is not required by 
statute, unless the Federal government provides the funds necessary to 
pay the direct compliance costs incurred by State and local 
governments, or EPA consults with State and local officials early in 
the process of developing the proposed regulation. EPA also may not 
issue a regulation that has federalism

[[Page 67191]]

implications and that preempts State law unless the Agency consults 
with State and local officials early in the process of developing the 
proposed regulation.
    This final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
Thus, the requirements of section 6 of the Executive Order 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 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under Executive Order 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, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to 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 officials 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 Executive Order 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. 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 31, 2000. Filing a 
petition for reconsideration by 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

[[Page 67192]]

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).) EPA encourages interested parties to comment in response to 
the proposed rule rather than petition for judicial review, unless the 
objection arises after the comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: November 12, 1999.
John P. DeVillars,
Regional Administrator, Region I.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401 et seq.

Subpart H--Connecticut

    2. Section 52.370 is amended by adding paragraph (c)(83) to read as 
follows:


Sec. 52.370  Identification of plan

* * * * *
    (c) * * *
    (83) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on October 7, 1999 
to discontinue the oxygenated gasoline program in the Connecticut 
portion of the New York--N. New Jersey--Long Island Area.
    (i) Incorporation by reference.
    (A) CTDEP; ``Abatement of Air Pollution: Oxygenated Gasoline,''
    State Regulation 22a-174-28.
    (ii) Additional materials.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated October 7, 1999 submitting a revision to the 
Connecticut State Implementation Plan.


Sec. 52.372  [Amended]

    3. Section 52.372 is amended by removing and reserving paragraph 
(a).
    4. Section 52.376 is amended by adding paragraph (g) to read as 
follows:


Sec. 52.376  Control Strategy: Carbon Monoxide.

* * * * *
    (g) Approval--On October 7, 1999, the Connecticut Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan that removes the oxygenated fuel requirement 
for the Connecticut portion of the New York--N. New Jersey--Long Island 
area and converts the program to a contingency measure. If a violation 
of the carbon monoxide ambient air quality standard were to occur, the 
State would be required to reimplement the program.
    5. In Sec. 52.385, Table 52.385 is amended by adding a entry in 
numerical order to read as follows:


Sec. 52.385  EPA--approved Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA--Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Dates
 Connecticut State  citation     Title/subject  --------------------------------------------------    Federal Register        52.370        Comments/
                                                  Date adopted by State     Date approved by EPA          citation                         description
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
22a-174-28...................  SIP revision      September 28, 1999.....  January 31, 2000.......  [64 FR 67188]........  (c)(83)......  This SIP
                                concerning                                                                                                revision
                                Oxygenated                                                                                                removes the
                                Gasoline.                                                                                                 oxygenated
                                                                                                                                          gasoline
                                                                                                                                          requirement
                                                                                                                                          for the
                                                                                                                                          Connecticut
                                                                                                                                          portion of the
                                                                                                                                          New York--N.
                                                                                                                                          New Jersey--
                                                                                                                                          Long Island
                                                                                                                                          area and
                                                                                                                                          changes it to
                                                                                                                                          a continency
                                                                                                                                          measure for
                                                                                                                                          maintaining
                                                                                                                                          the carbon
                                                                                                                                          monoxide
                                                                                                                                          National
                                                                                                                                          Ambient Air
                                                                                                                                          Quality
                                                                                                                                          Standard in
                                                                                                                                          the southwest
                                                                                                                                          Connecticut
                                                                                                                                          area
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 67193]]

[FR Doc. 99-31045 Filed 11-30-99; 8:45 am]
BILLING CODE 6560-50-P