[Federal Register Volume 68, Number 243 (Thursday, December 18, 2003)]
[Rules and Regulations]
[Pages 70437-70444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31234]



[[Page 70437]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT-057-7216e; A-1-FRL-7600-2]


Approval and Promulgation of Implementation Plans; Connecticut; 
Motor Vehicle Emissions Budgets for 2005 and 2007 using MOBILE6.2 for 
the Connecticut Portion of the New York-Northern New Jersey-Long Island 
Nonattainment Area and for 2007 for the Greater Connecticut 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the Connecticut State 
Implementation Plan (SIP) for the attainment and maintenance of the 
one-hour National Ambient Air Quality Standard (NAAQS) for ground level 
ozone submitted by the State of Connecticut. The intended effect of 
this action is to approve Connecticut's 2005 and 2007 motor vehicle 
emissions budgets recalculated using MOBILE6.2 for the Connecticut 
portion of the New York-Northern New Jersey-Long Island nonattainment 
area and to approve Connecticut's 2007 motor vehicle emissions budgets 
for the Greater Connecticut nonattainment area also recalculated using 
MOBILE6.2. This action is being taken under the Clean Air Act.

DATES: This direct final rule will be effective February 17, 2004, 
unless EPA receives adverse comments by January 20, 2004. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Comments may be mailed to David Conroy, Unit Manager, Air 
Quality Planning, Office of Ecosystem Protection (mail code CAQ), U.S. 
Environmental Protection Agency, EPA New England Regional Office, One 
Congress Street, Suite 1100, Boston, MA 02114-2023. Comments may also 
be submitted electronically, or through hand delivery/courier, please 
follow the detailed instructions described in part (I)(B)(1)(i) through 
(iii) of the Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: Jeff Butensky, Environmental Planner, 
Air Quality Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 
02114-2023, (617) 918-1665, [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under CT-057-7216e. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing at the Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, One Congress 
Street, Suite 1100, Boston, MA. EPA requests that if at all possible, 
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30 excluding 
federal holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency. Bureau of Air 
Management, Department of Environmental Protection, State Office 
Building, 79 Elm Street, Hartford, CT 06106-1630.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking CT-057-7216d'' in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected] please including the text ``Public comment on 
proposed rulemaking CT-057-7216d'' in the subject line. EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly without going through Regulations.gov, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.

[[Page 70438]]

    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then click on the button 
``TO SEARCH FOR REGULATIONS CLICK HERE,'' and select Environmental 
Protection Agency as Agency name to search on. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: David Conroy, Unit Manager, Air 
Quality Planning, Office of Ecosystem Protection (mail code CAQ), U.S. 
Environmental Protection Agency, EPA New England Regional Office, One 
Congress Street, Suite 1100, Boston, MA 02114-2023. Please include the 
text ``Public comment on proposed rulemaking CT-057-7216d'' in the 
subject line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: David 
Conroy, Unit Manager, Air Quality Planning, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, 11th floor, (CAQ), Boston, MA 
02114-2023. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30 excluding 
federal Holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

II. Rulemaking Information

    On June 17, 2003, the Connecticut Department of Environmental 
Protection (CTDEP) submitted an amendment to the Connecticut State 
Implementation Plan (SIP) containing 2005 and 2007 motor vehicle 
emissions budgets recalculated using the MOBILE6.2 model for the 
Connecticut portion of the New York-Northern New Jersey-Long Island 
nonattainment area and 2007 motor vehicle emissions budgets for the 
Greater Connecticut nonattainment area. This SIP revision fulfills the 
commitment made by the CTDEP in its February 8, 2000 SIP submittal to 
revise the transportation conformity budgets using EPA's MOBILE6 
emissions model.\1\ In addition, this SIP revision demonstrates that 
the new levels of motor vehicle emissions calculated using MOBILE6.2 
continue to support achievement of the rate of progress requirements 
and projected attainment of the one-hour ozone NAAQS for the 
Connecticut portion of the New York-Northern New Jersey-Long Island 
nonattainment area and the Greater Connecticut nonattainment area. 
Connecticut held a public hearing on its proposed SIP revision on May 
27, 2003. Today's action approves these budgets.
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    \1\ Document titled ``Addenda to the Ozone Attainment 
Demonstrations for the Southwest Connecticut Severe Ozone 
Nonattainment Area and Greater Connecticut Serious Ozone 
Nonattainment Area,'' February 8, 2000.
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    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

    A. Background
    B. What is MOBILE6.2?
    C. Are the revised budgets using MOBILE6.2 consistent with 
Connecticut's one-hour attainment demonstration?
    D. Are Connecticut's motor vehicle emissions budgets approvable?

A. Background

    The entire State of Connecticut is designated as nonattainment for 
the one-hour ozone NAAQS. Southwest Connecticut (i.e., all of Fairfield 
County except the town of Shelton, plus the Litchfield County towns of 
Bridgewater and New Milford) is part of the New York-Northern New 
Jersey-Long Island severe ozone nonattainment area, and the remainder 
of Connecticut is the Greater Connecticut serious ozone nonattainment 
area. The CTDEP submitted attainment demonstrations for both the 
Southwest Connecticut and Greater Connecticut ozone nonattainment areas 
on September 16, 1998, and EPA published proposed rulemakings on 
CTDEP's attainment demonstrations on December 16, 1999. 64 FR at 70332-
70364 (December 16, 1999).
    EPA's December 16, 1999 proposal to approve the attainment 
demonstration for the Greater Connecticut area was contingent upon 
several issues. The issues relevant to this action were the submittal 
of an adequate motor vehicle emissions budget that was consistent with 
attainment and a commitment to revise the motor vehicle emissions 
budget within one year after official release of EPA's MOBILE6 
emissions model. The CTDEP submitted the required motor vehicle 
emissions budgets (calculated using EPA's MOBILE5b emissions model) for 
Greater Connecticut on February 8, 2000. The motor vehicle budgets 
submitted for Greater Connecticut on February 8, 2000 were calculated 
using then-current EPA guidance. This guidance is articulated in two 
memoranda which detail how states should incorporate the benefits of 
the federal motor vehicle Tier 2 standard into their SIPs, ``Guidance 
on Motor Vehicle Emissions Budgets in one-hour Ozone Attainment 
Demonstrations,'' issued November 3, 1999, and ``One-hour Ozone 
Attainment Demonstrations and Tier2/Sulfur Rulemaking,'' issued 
November 8, 1999. In addition, states that have attainment 
demonstrations that include interim MOBILE5b-based estimates of the 
federal motor vehicle Tier 2 standards are required to submit motor 
vehicle emissions budgets using the EPA's April 2000 MOBILE5 guidance, 
``MOBILE5 Information Sheet 8: Tier 2 Benefits Using 
MOBILE5.''\2\ EPA granted full approval to the Greater Connecticut

[[Page 70439]]

attainment demonstration on January 3, 2001 (66 FR 633).
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    \2\ The final rule on Tier 2 Motor Vehicle Emissions Standards 
and Gasoline Sulfur Control Requirements (``Tier 2 standards'') for 
passenger cars, light trucks, and larger passenger vehicles was 
published on February 10, 2000 (65 FR 6698).
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    For the Connecticut portion of the New York-Northern New Jersey-
Long Island nonattainment area, EPA's December 16, 1999 rulemaking 
proposed to conditionally approve the ozone attainment SIP for the 
nonattainment area, and in the alternative, to disapprove the SIP if 
the specified conditions were not satisfied. The only condition of 
importance to today's action is the submittal of adequate MOBILE5b 2007 
motor vehicle emissions budgets that are consistent with attainment, 
and a commitment to revise the 2007 motor vehicle emissions budgets 
within one year after official release of EPA's MOBILE6 emissions 
model. In the February 8, 2000 submittal, the CTDEP submitted revised 
2007 motor vehicle emissions budgets (determined with MOBILE5b), which 
EPA found adequate on June 16, 2000 (65 FR 37778-37779). Connecticut 
also committed to revise its motor vehicle emissions budgets within one 
year after release of MOBILE6.\3\ In addition, the CTDEP incorporated 
the federal motor vehicle Tier 2 standards program into the SIP and 
provided the necessary SIP commitments as part of revisions submitted 
to EPA in February 2000 and October 2001,\4\ respectively. As a result 
of this submittal and the resolution of other issues on the attainment 
demonstration, EPA granted full approval of Connecticut's one-hour 
ozone attainment demonstrations on December 11, 2001 for the 
Connecticut portion of the New York-Northern New Jersey-Long Island 
nonattainment area (66 FR 63921).
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    \3\ The Connecticut commitment for submitting MOBILE6 budgets 
within one year after is codified at 40 CFR 52.377(b) for the 
Greater Connecticut area and 40 CFR 52.377(c) for the Southwest 
Connecticut area.
    \4\ MOBILE5b inputs and estimates are from the previously 
approved SIP submittals ``Addenda to the Ozone Attainment 
Demonstrations for the Southwest Connecticut Severe Ozone 
Nonattainment Area and Greater Connecticut Serious Ozone 
Nonattainment Area'' (submitted to EPA on February 8, 2000) and 
``Updates to the Ozone Attainment Demonstration for the Southwest 
Connecticut Severe Ozone Nonattainment Area (submitted to EPA in 
October 2001).
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    The SIP being approved today satisfies CTDEP's commitments to 
revise motor vehicle emissions budgets within one year after EPA's 
release of the MOBILE6 motor vehicle emissions model. EPA published the 
release of the MOBILE6 model in the Federal Register on January 29, 
2002 (67 FR 4254), beginning the one-year time line for submitting 
revised budgets. Thus, the effective date of that Federal Register 
notice constituted the start of the one-year time period for which 
Connecticut was required to revise its one-hour ozone attainment 
demonstration SIP using the MOBILE6 model. Therefore, Connecticut was 
required to submit this SIP revision to EPA by January 29, 2003. EPA 
subsequently released updated versions of the model, and the latest 
model update, MOBILE6.2, was used to prepare this SIP revision.
    Although not required by EPA, CTDEP is electing to replace the 
existing 2005 MOBILE5b budgets for Connecticut portion of the New York-
Northern New Jersey-Long Island nonattainment area with MOBILE6.2 
budgets. There are no applicable budget requirements for 2005 for 
Greater Connecticut, but the State previously had 2005 budgets approved 
by EPA for the Connecticut portion of the New York-Northern New Jersey-
Long Island nonattainment area (66 FR 63921). Connecticut is only 
required to submit new 2007 budgets using the MOBILE6.2 model for the 
attainment year of 2007. Therefore, EPA's adequacy determination will 
only be for the revised attainment year budgets for 2007 for both the 
Connecticut portion of the New York-Northern New Jersey-Long Island 
nonattainment area and the Greater Connecticut nonattainment area and 
not for the revised reasonable further progress (2005) budgets for the 
Connecticut portion of the New York-Northern New Jersey-Long Island 
nonattainment area. This is consistent with EPA's approval of the 
previous MOBILE5 budgets which limited the adequacy process to only the 
revised attainment year budgets, or 2007 for both nonattainment areas 
in Connecticut. EPA has notified the public of Connecticut's SIP 
revision containing 2007 motor vehicle emissions budgets recalculated 
using the MOBILE6.2 model for the Connecticut portion of the New York-
Northern New Jersey-Long Island ozone nonattainment area and for the 
Greater Connecticut ozone nonattainment area on EPA's Office of 
Transportation and Air Quality Web site ``SIP Submissions Currently 
Under EPA Adequacy Review'' located at http://www.epa.gov/otaq/transp/conform/currsips.htm. The thirty-day public comment period associated 
with the adequacy review process started Friday, December 5, 2003.

B. What is MOBILE6.2?

    MOBILE6.2 is an EPA emissions factor model for estimating pollution 
from on-road motor vehicles in states outside of California. MOBILE6.2 
calculates emissions of volatile organic compounds (VOCs), nitrogen 
oxides (NOX) and carbon monoxide (CO) from passenger cars, 
motorcycles, buses, and light-duty and heavy-duty trucks. The model 
accounts for the emission impacts of factors such as changes in vehicle 
emission standards, changes in vehicle populations and activity, 
variations in temperature, humidity, fuel type, vehicle type and age 
distribution, and air quality programs such as inspection and 
maintenance, and many other variables. Although some minor updates were 
made in 1996 with the release of MOBILE5b, MOBILE6.2 is the first major 
revision to MOBILE since MOBILE5a was released in 1993.
    In developing mobile source emission estimates, states rely on 
estimates of daily vehicle miles traveled (VMT) using travel demand 
forecasting models which use variables such as population, housing, 
land use, and other relevant planning data. Resulting VMT, speed data, 
vehicle age distribution, speed data, road types, vehicle type data, 
and other data are then entered into the MOBILE6.2 model to develop on-
road vehicle emission factors. More information on Connecticut's travel 
demand modeling is contained in the state's June 17, 2003 SIP 
submittal.
    Transportation conformity is required under section 176(c) of the 
Clean Air Act. The purpose of transportation conformity is to ensure 
that federally supported highway and transit project activities are 
consistent with (``conform to'') the purpose of a SIP. Conformity to 
the purpose of the SIP means that transportation activities will not 
cause new air quality violations, worsen existing violations, or delay 
timely attainment of the NAAQS. EPA's transportation conformity rule 
establishes the criteria and procedures for determining whether 
transportation activities conform to the state air quality plan. 40 CFR 
part 51, subpart W and part 93. The purpose of the MOBILE6.2 
transportation conformity budgets being proposed for approval today is 
to cap the emissions resulting from Connecticut's statewide 
transportation improvement program (STIP) in the effort to reduce 
emissions and achieve the NAAQS for ground level ozone. The modeling 
conducted as part of the STIP must show that emissions are below these 
emissions budgets. This process is known as a ``conformity 
determination.''

C. Are the Revised Budgets Using MOBILE6.2 Consistent With 
Connecticut's One-Hour Attainment Demonstration?

    In using MOBILE6.2 to calculate the revised budgets, states must 
consider whether these calculations continue to

[[Page 70440]]

support attainment of the NAAQS for ozone. EPA has articulated its 
policy regarding the use of MOBILE6.2 in SIP development in its 
``Policy Guidance on the Use of MOBILE6.2 for SIP Development and 
Transportation Conformity'' \5\ and ``Clarification of Policy Guidance 
for MOBILE6.2 in Mid-course Review Areas.'' \6\ Consistent with this 
policy guidance, Connecticut submitted a relative reduction comparison 
to show that its one-hour ozone attainment demonstration SIP continues 
to demonstrate attainment when applying the new MOBILE6.2 budgets.
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    \5\ Memorandum, ``Policy Guidance on the Use of MOBILE6.2 for 
SIP Development and Transportation Conformity,'' issued January 18, 
2002.
    \6\ Memorandum, ``Clarification of Policy Guidance for MOBILE6.2 
SIPs in Mid-course Review Areas,'' issued February 12, 2003.
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    In developing the EPA approved one-hour ozone attainment 
demonstrations, Connecticut relied on a ``weight-of-evidence'' approach 
that examined photochemical grid modeling results, emission 
projections, and air quality data. As part of Connecticut's one-hour 
attainment demonstration, the level of additional emission reductions 
needed for attainment was determined by applying a relative emission 
reduction technique.\7\ This relied on measured air quality data and 
emission estimates from 1999, along with previous photochemical grid 
modeling with 2007 emission estimates, to determine whether additional 
emission reductions were necessary to provide for a projection of 
attainment for Connecticut in 2007. EPA concluded that attainment could 
be demonstrated if emission reductions expected from the federal motor 
vehicle Tier 2 program were incorporated into the SIP, and Connecticut 
subsequently incorporated this program into the SIP as part of 
revisions submitted to EPA in February 2000 and October 2001, 
respectively.\8\
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    \7\ 66 FR 63921-63938 (December 11, 2001) for the New York-
Northern New Jersey-Long Island nonattainment area; 66 FR 634-663 
(January 3, 2001) for the Greater Connecticut area.
    \8\ MOBILE5b inputs and estimates are from the previously 
approved SIP submittals ``Addenda to the Ozone Attainment 
Demonstrations for the Southwest Connecticut Severe Ozone 
Nonattainment Area and Greater Connecticut Serious Ozone 
Nonattainment Area'' (submitted to EPA on February 8, 2000) and 
``Updates to the Ozone Attainment Demonstration for the Southwest 
Connecticut Severe Ozone Nonattainment Area (submitted to EPA in 
October 2001). MOBILE6.2 estimates were determined as described in 
the current SIP revision.
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    CTDEP used a similar approach to determine if the 2007 MOBILE6.2 
emission projections remain consistent with the approved attainment 
plans. CTDEP analyzed 1999 through 2007 to compare the relative 
emission reductions projected by MOBILE6.2 to those projected by 
MOBILE5b to determine if the relative reductions estimated over the 
1999-2007 period with MOBILE6.2 equal or exceed those estimates using 
MOBILE5b.
    MOBILE6.2 generally calculates higher emission factors than 
MOBILE5b between the base year and the attainment year, or 1999 and 
2007 for the budgets that are being approved today. As can be seen in 
table 1, for the Connecticut portion of the New York-Northern New 
Jersey-Long Island nonattainment area, MOBILE6.2 reductions are greater 
than MOBILE5b for emissions of total precursors (39.7 tons per summer 
day (tpd) versus 26.6 tpd), VOC (18.3 tpd versus 7.9 tpd), and 
NOX (21.4 tpd versus 18.7 tpd). In addition, the rate of 
emission reductions between the base year of 1999 and attainment year 
of 2007 is also greater with MOBILE6.2 than MOBILE5b for total 
precursor emissions (46.3% versus 44.3%) and VOC emissions (52.7% 
versus 44.9%); but slightly lower for NOX emissions (41.9% 
versus 44.1%). Therefore, MOBILE6.2 provides an ``excess'' rate of VOC 
reductions that is 7.9% above what MOBILE5b provided in the approved 
attainment SIP. In addition, MOBILE6.2 provides a 2.2% smaller rate of 
NOX reductions compared to the MOBILE5b emissions included 
in the approved attainment SIP.

                  Table 1.--Comparison of MOBILE5b and MOBILE6.2 Emission Estimates: 1999-2007
----------------------------------------------------------------------------------------------------------------
                                               Connecticut portion of the New          Greater Connecticut
                                                York-Northern New Jersey-Long  ---------------------------------
                                                  Island nonattainment area
                                             ----------------------------------    VOC + NOX      VOC      NOX
                                                 VOC + NOX      VOC      NOX
----------------------------------------------------------------------------------------------------------------
MOBILE5b: 1999 (tpd)........................            60.0     17.6     42.4           191.7     52.3    139.4
MOBILE5b: 2007 (tpd)........................            33.4      9.7     23.7           109.6     30.0     79.6
M5b Reduction (tpd).........................            26.6      7.9     18.7            82.1     22.3     59.8
M5b % Reduction.............................           44.3%    44.9%    44.1%           42.8%    42.6%    42.9%
MOBILE6.2: 1999 (tpd).......................            85.8     34.7     51.1           272.2    107.3    164.9
MOBILE6.2: 2007 (tpd).......................            46.1     16.4     29.7           150.3     51.9     98.4
M6.2 Reduction (tpd)........................            39.7     18.3     21.4           121.9     55.4     66.5
M6.2 % Reduction............................           46.3%    52.7%    41.9%           44.8%    51.6%    40.3%
Difference in % Reductions (M6.2- M5b)......            1.9%     7.9%    -2.2%            2.0%     9.0%    -2.6%
``Excess'' Reductions with MOBILE6.2 (after               NA     4.9%     0.0%              NA     5.5%     0.0%
 VOC for NOX substitution at 0.83 to 0.61
 ratio established by EPA method)...........
----------------------------------------------------------------------------------------------------------------

    To demonstrate the net beneficial effect on ozone of the combined 
7.9% ``excess'' VOC reductions and the 2.2% NOX ``deficit,'' 
CTDEP applied the emission reduction factors previously approved by EPA 
to determine the amount of additional reductions needed in Connecticut 
to ensure attainment of the ozone standard. See Addenda to the Ozone 
Attainment Demonstrations for the Southwest Connecticut Severe Ozone 
Nonattainment Area and Greater Connecticut Serious Ozone Nonattainment 
Area, section 3.B. at 4-7 (January 14, 2000). This method determined 
that emission reductions of 0.83% VOC and 0.61% NOX resulted 
in an ozone air quality improvement of one ppb in the New York City 
modeling domain. Scaling these ``normalized'' values, the 2.2% 
MOBILE6.2 NOX deficit described above can be offset by 3.0% 
(i.e., (0.83/0.61) x 2.2% = 3.0% with rounding) of the 7.9% MOBILE6.2 
VOC ``excess.'' \9\ This substitution results in a final MOBILE6.2 VOC 
``excess'' reduction of 4.9% (with a net

[[Page 70441]]

zero balance of NOX), relative to the MOBILE5b emissions 
included in the approved attainment SIP. Similar calculations are 
summarized in Table 1 for the Greater Connecticut nonattainment area.
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    \9\ Note that Connecticut's submittal indicates that the 
required ``offset'' for the level of NOX reduction from 
the MOBILE6 model is 3.1%, not 3.0%. EPA has re-run these 
calculations, and we believe that the correct number is 3.0%. In 
either case, it is clear that the level of VOC reduction projected 
by the MOBILE6 model more than compensates for the ``deficit'' in 
NOX reductions.
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    The methodology used in these calculations differs from the 
methodology provided in EPA guidance,\10\ but Connecticut has provided 
evidence that these budgets continue to support attainment of the ozone 
NAAQS by 2007 in both nonattainment areas. First, to assess the 
relative level of reduction under the MOBILE5 model compared with the 
MOBILE6 model, Connecticut compared mobile source emission reductions 
from 1999 to 2007, the attainment year for these areas. EPA's guidance, 
however, recommends comparing reductions from the base year of the 
attainment demonstration with the attainment year. For most purposes, 
the base year for the attainment demonstrations in Connecticut was 
1990. Nevertheless, Connecticut believes that it makes more sense to 
start the comparison with 1999 levels, because that was the year 
Connecticut assembled its attainment demonstration for EPA using a 
weight of evidence assessment of various emissions and air quality 
trends. Much of the data used in that weight of evidence assessment 
came from the late 1990's and made projections of attainment in 2007 by 
assessing how past trends in that data would likely proceed from 1999 
forward. See e.g. the discussion of the Regional Design Value Rollback 
Analysis for the Connecticut Nonattainment Areas (64 FR at 70341-70342 
(Greater Connecticut) and at 70359 (Southwest Connecticut) (December 
16, 1999)). Connecticut and EPA effectively used 1999 as a base year 
for several purposes when constructing the weight of evidence analysis 
supporting our approval of the state's attainment demonstration. 
Therefore, Connecticut used 1999 as the starting point for assessing 
whether the relative level of reductions in mobile emissions projected 
using MOBILE6 still supports its attainment demonstration, since a 
critical step in that demonstration relied on projections from 1999 to 
2007.
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    \10\ Two Memoranda: ``Policy Guidance on the Use of MOBILE6.2 
for SIP development and Transportation Conformity,'' issued January 
18, 2002, and ``Clarification of Policy Guidance for MOBILE6.2 SIPs 
in Mid-course Review Areas,'' issued February 12, 2003.
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    Second, Connecticut used the factors described above to compare and 
offset the ``deficit'' in NOX reductions with ``excess'' VOC 
reductions. EPA's guidance does not directly address the situation 
where the overall level of ozone precursor reductions appears to 
support the weight of evidence analysis underlying the attainment 
demonstration but there is a slight shortfall in the level of reduction 
for one pollutant. Connecticut has looked to an analogous exercise the 
State and EPA undertook to calculate how to balance between 
NOX and VOC reductions when calculating emission reduction 
shortfalls in ozone nonattainment areas. EPA believes the State's use 
of these factors is a reasonable extension of that methodology, since 
the goal of both exercises is to compare the relative benefit in 
reducing ozone that results from reductions in either VOC or 
NOX.
    Application of this methodology provides evidence that MOBILE6.2 
projects a net reduction in total ozone precursor emissions between the 
1999 base year and the 2007 attainment year that are at least 
equivalent to the level of reduction Connecticut relied on for its 
attainment demonstration using MOBILE5. These excess emission 
reductions determined with MOBILE6.2 reaffirm that the transportation 
budgets developed with MOBILE6.2 are consistent with Connecticut's 
previously approved attainment demonstrations.
    In addition to the evaluation of on-road mobile source emissions, 
CTDEP also reevaluated the effects on the attainment plan of recent 
changes to 2007 growth projections for other emission source categories 
(i.e., point, area, and non-road mobile sources). The Connecticut 
Department of Labor's updated total employment projections for the 
manufacturing sector are actually lower than previous projections by 
almost five percent. In addition, population projections were also 
updated. When updated employment growth and population forecasts are 
incorporated into emission calculations,\11\ overall ozone precursor 
emission projections for 2007 are slightly lower than those included in 
the previously approved attainment plan. These lower emission 
projections further support the attainment plan's conclusion that 
emission reductions included in the SIP are on target to achieve one-
hour ozone attainment by 2007 in both the Connecticut portion of the 
New York-Northern New Jersey-Long Island nonattainment area and the 
Greater Connecticut area.
---------------------------------------------------------------------------

    \11\ Calculations with updated CTDOL employment projections, 
U.S. Census Bureau were carried out using the procedures documented 
in Connecticut's Post-1999 Rate-of-Progress Plan. See section 3.2 
and appendix F of ``Ozone Reduction Strategy for the Southwest 
Connecticut Portion of the New York-New Jersey-Connecticut Severe 
Nonattainment Area: Post-1999 Rate-of-Progress Plan''; CTDEP; 
September 2001. See: http://www.dep.state.ct.us/air2/siprac/2001/pst99tsd.pdf.
---------------------------------------------------------------------------

    Connecticut must submit a mid-course review of its attainment 
demonstration by December 31, 2004 to ensure that the state remains on 
track to attain by 2007. During that mid-course review, EPA can 
reconfirm that these mobile budgets continue to support Connecticut's 
attainment demonstration.
    Lastly, to further support the approval of Connecticut's mobile 
source budgets, EPA supplemented Connecticut's analysis with an 
analysis of its own based on information provided by the CTDEP. For the 
entire state, we compared the relative reduction, by percentage, 
between the 1990 and 2007 inventories generated using the two different 
versions of the models to ensure that the approved 1-hour ozone 
attainment demonstrations for Connecticut will continue to demonstrate 
attainment by 2007. The methodology for this relative reduction 
comparison consists of comparing the revised MOBILE6 baseline and 
attainment case inventories, by pollutant, with the previously approved 
MOBILE5 inventory totals for the State of Connecticut to determine if 
attainment can still be predicted by the attainment date.
    Table 2 below contrasts Connecticut's revised MOBILE6-based motor 
vehicle emissions inventories with the previously approved MOBILE5-
based inventories for the two Connecticut nonattainment areas, by 
pollutant, expressed in units of tons per summer day (tpd). These 
revised inventories were developed using the latest available 
information including vehicle registration data, traffic data, vehicle 
miles traveled, and growth assumptions. Non-road emissions were 
calculated using the latest version of EPA's non-road model.

[[Page 70442]]



          Table 2.--Comparison of Connecticut's MOBILE5 and Revised MOBILE6-Based Emissions Inventories
----------------------------------------------------------------------------------------------------------------
                                                     1990     2007                   1990     2007
               State of Connecticut                  VOC      VOC       Percent      NOX      NOX      Percent
                                                    (tpd)    (tpd)     reduction    (tpd)    (tpd)    reduction
----------------------------------------------------------------------------------------------------------------
MOBILE5b-based emissions inventory...............    536.3    311.1         41.99    463.6    297.2        35.88
MOBILE6.2-based revised emissions inventory......    587.3    341.8         41.80    452.3    285.7        36.82
Difference in % Reductions (M6.2-M5b)............  .......  .......         -0.18  .......  .......         0.94
``Excess'' Reductions with MOBILE6.2 (after NOX    .......  .......          0.0   .......  .......         0.81
 for VOC substitution at 0.61 to 0.83 ratio).....
----------------------------------------------------------------------------------------------------------------

    This relative reduction comparison shows that the reduction in 
NOX emissions, on a percentage basis, is greater in the 
revised MOBILE6-based inventories than in the previously approved 
MOBILE5 inventories. For VOC emissions, the relative reduction in the 
revised MOBILE6-based inventories is slightly less than in the 
previously approved MOBILE5 inventories. However, the ``deficit'' in 
VOC reductions is more than offset with the ``excess'' in 
NOX reductions when the technique that Connecticut DEP used 
in its analysis is performed. This analysis satisfies the conditions 
outlined in EPA's MOBILE6 Policy guidance, and demonstrates that the 
new levels of motor vehicle emissions calculated using MOBILE6 continue 
to support achievement of the projected attainment of the 1-Hour Ozone 
NAAQS by the attainment date of 2007 for Connecticut ozone 
nonattainment areas.

D. Are Connecticut's Motor Vehicle Emissions Budgets Approvable?

    Table 3 contains Connecticut's revised budgets that EPA is 
approving today. These budgets were developed using the latest planning 
assumptions, including 2000 vehicle registration data, VMT, speeds, 
fleet mix, and SIP control measures. For the Connecticut portion of the 
New York-Northern New Jersey-Long Island nonattainment area, EPA is 
approving budgets for 2005 and 2007, and for the Greater Connecticut 
nonattainment area EPA is approving budgets for 2007.

                              Table 3.--MOBILE6.2 Transportation Conformity Budgets
----------------------------------------------------------------------------------------------------------------
                                                               Connecticut portion of      Greater Connecticut
                                                                the New York-Northern  -------------------------
                                                               New Jersey-Long Island
                            Year                                 nonattainment area
                                                             -------------------------- VOC  (tons/  NOX  (tons/
                                                               VOC  (tons/ NOX  (tons/      day)         day)
                                                                  day)         day)
----------------------------------------------------------------------------------------------------------------
2005........................................................         19.5         36.8           NA           NA
2007........................................................         16.4         29.7         51.9         98.4
----------------------------------------------------------------------------------------------------------------

    As stated in section IIA above, EPA has posted an announcement on 
EPA's Office of Transportation and Air Quality Web site http://www.epa.gov/otaq/transp/conform/currsips.htm, initiating the adequacy 
review process for the MOBILE6.2 2007 attainment year budgets for both 
areas in Connecticut in accordance with EPA guidance.\12\ The 2005 
budgets for the Connecticut portion of the New York-Northern New 
Jersey-Long Island nonattainment area must be approved before being 
used in a conformity analysis and are not subject to the adequacy 
process. The 2007 MOBILE6.2 attainment year budgets may be used for 
conformity determinations upon EPA's determination of ``adequate,'' as 
described in EPA guidance \13\ and specified in EPA's approvals of 
Connecticut's attainment demonstrations.\14\
---------------------------------------------------------------------------

    \12\ Memorandum, ``Conformity Guidance on Implementation of 
March 2, 1999 Conformity Court Decision,'' issued May 14, 1999. A 
copy of this memorandum cab be found on EPA's Web site at 
www.epa.gov/otaq/transp/tranqconf.htm.
    \13\ Policy Guidance on the Use of MOBILE6 for SIP Development 
and Transportation Conformity; dated January 18, 2002; see http://www.epa.gov/otaq/models/mobile6/m6policy.pdf.
    \14\ 66 FR 63921-63938; (December 11, 2001) (see page 63923 for 
a discussion regarding the MOBILE6 conformity budget adequacy 
determination for the Southwest Connecticut area); 66 FR 633-663 
(January 3, 2001) (see page 635 for a discussion regarding the 
MOBILE6 conformity budget adequacy determination for the Greater 
Connecticut area).
---------------------------------------------------------------------------

    Once the MOBILE6.2 2007 attainment year motor vehicle emissions 
budgets for the Connecticut portion of the New York-Northern New 
Jersey-Long Island are deemed adequate, transportation air quality 
conformity analyses, prepared with MOBILE6.2, can be evaluated in 
southwestern Connecticut using the SIP-approved MOBILE5b 2005 and the 
MOBILE6.2 2007 budgets for the emission budget tests.
    The MOBILE6.2 budgets for 2005 and 2007 for the Connecticut portion 
of the New York-Northern New Jersey-Long Island nonattainment area and 
for 2007 for the Greater Connecticut nonattainment area will be 
approved effective 60 days from today. Once the MOBILE6.2 budgets are 
approved, all future transportation conformity analyses in Connecticut 
will be required to demonstrate conformity with the new MOBILE6.2 
budgets.

III. Final Action

    EPA is approving Connecticut's revision submitted on June 17, 2003 
containing 2005 and 2007 motor vehicle emissions budgets using 
MOBILE6.2 for the Connecticut portion of the New York-Northern New 
Jersey-Long Island nonattainment area and 2007 budgets for the Greater 
Connecticut nonattainment area.
    The EPA is publishing this action without a 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

[[Page 70443]]

filed. This rule will be effective February 17, 2004 without further 
notice unless the Agency receives relevant adverse comments by January 
20, 2004.
    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 the proposed rule should do so at this 
time. If EPA receives no such comments, the public is advised that this 
rule will be effective on February 17, 2004 and EPA will take no 
further action on the proposed rule. Please note that if EPA receives 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, EPA 
may adopt as final those provisions of the rule that are not the 
subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does 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 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
    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 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 February 17, 2004. Interested 
parties should 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. 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 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: December 10, 2003.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart H--Connecticut

0
2. Section 52.377 is amended by revising paragraphs (b), (c) and (d) to 
read as follows:


Sec.  52.377  Control strategy: Ozone.

* * * * *
    (b) Approval--Revisions to the State Implementation Plan submitted 
by the Connecticut Department of Environmental Protection on September 
16, 1998, February 8, 2000 and June 17, 2003. The revisions are for the 
purpose of satisfying the attainment demonstration requirements of 
section 182(c)(2)(A) of the Clean Air Act for the Greater Connecticut 
serious ozone nonattainment area. The revision establishes an 
attainment date of November 15, 2007 for the Greater Connecticut 
serious ozone nonattainment area. Connecticut commits to conduct a mid-
course review to assess modeling and monitoring progress achieved 
toward the goal of attainment by 2007, and submit the results to EPA by 
December 31, 2004. The June 17, 2003 revision

[[Page 70444]]

establishes MOBILE6-based motor vehicle emissions budgets for 2007 of 
51.9 tons per day of volatile organic compounds (VOC) and 98.4 tons per 
day of nitrogen oxides (NOX) to be used in transportation 
conformity in the Greater Connecticut serious ozone nonattainment area.
    (c) Approval--Revisions to the State Implementation Plan submitted 
by the Connecticut Department of Environmental Protection on October 
15, 2001 and June 17, 2003. These revisions are for the purpose of 
satisfying the rate of progress requirement of section 182 (c)(2)(B) 
through 2007, and the contingency measure requirements of section 182 
(c)(9) of the Clean Air Act, for the Connecticut portion of the NY-NJ-
CT severe ozone nonattainment area. The October 15, 2001 revision 
establishes motor vehicle emissions budgets for 2002 of 15.20 tons per 
day of VOC and 38.39 tons per day of NOX to be used in 
transportation conformity in the Connecticut portion of the NY-NJ-CT 
severe ozone nonattainment area. The June 17, 2003 revision establishes 
motor vehicle emissions budgets for 2005 of 19.5 tons per day of VOC 
and 36.8 tons per day of NOX to be used in transportation 
conformity in the Connecticut portion of the NY-NJ-CT severe ozone 
nonattainment area.
    (d) Approval--Revisions to the State Implementation Plan submitted 
by the Connecticut Department of Environmental Protection on September 
16, 1998, February 8, 2000, October 15, 2001 and June 17, 2003. The 
revisions are for the purpose of satisfying the attainment 
demonstration requirements of section 182(c)(2)(A) of the Clean Air Act 
for the Connecticut portion of the NY-NJ-CT severe ozone nonattainment 
area. The June 17, 2003 revision establishes MOBILE6-based motor 
vehicle emissions budgets for 2007 of 16.4 tons per day of VOC and 29.7 
tons per day of NOX to be used in transportation conformity 
in the Connecticut portion of the NY-NJ-CT severe ozone nonattainment 
area. Connecticut commits to adopt and submit by October 31, 2001, 
additional necessary regional control measures to offset the emission 
reduction shortfall in order to attain the one-hour ozone standard by 
November 2007. Connecticut commits to adopt and submit by October 31, 
2001, additional necessary intrastate control measures to offset the 
emission reduction shortfall in order to attain the one-hour ozone 
standard by November 2007. Connecticut commits to adopt and submit 
additional restrictions on VOC emissions from mobile equipment and 
repair operations; and requirements to reduce VOC emissions from 
certain consumer products. Connecticut also commits to conduct a mid-
course review to assess modeling and monitoring progress achieved 
toward the goal of attainment by 2007, and submit the results to EPA by 
December 31, 2004.

[FR Doc. 03-31234 Filed 12-17-03; 8:45 am]
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