[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Rules and Regulations]
[Pages 5286-5289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2267]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT-057-7216g; A-1-FRL-7617-8]


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: 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.

EFFECTIVE DATE: This rule is effective on February 4, 2004.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours, by 
appointment at the Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, One Congress 
Street, 11th floor, Boston, MA 02114-2023; and the Bureau of Air 
Management, Department of Environmental Protection, State Office 
Building, 79 Elm Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Unit, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, (617) 
918-1668, [email protected].

SUPPLEMENTARY INFORMATION: 
    The following table of contents describes the format for the 
SUPPLEMENTARY INFORMATION section:

I. What Action Is EPA Taking Today?
II. What Comments Did EPA Receive in Response to Its Proposal?
    A. Background information
    B. Comments Received and EPA's Response
III. What Is EPA's Conclusion?
IV. Statutory and Executive Order Reviews

I. What Action Is EPA Taking Today?

    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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    The specific 2005 and 2007 motor vehicle emission budgets that EPA 
is approving in today's rulemaking are identified below in Table 1. The 
rationale for EPA's action are explained in the notice of direct final 
rulemaking (68 FR 70484) published in the Federal Register on December 
18, 2003, and will not be restated here.

II. What Comments Did EPA Receive in Response to Its Proposal?

A. Background Information

    On December 18, 2003, the EPA announced in proposed and direct 
final rules published in the Federal Register (68 FR 70437 and 68 FR 
70484, respectively) approval of Connecticut's SIP revision for its 
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

[[Page 5287]]

Connecticut nonattainment area, which are the subject of today's final 
rulemaking.
    On December 20, 2003, EPA received an electronic comment on the 
direct final rule. EPA had indicated in its December 18, 2003 direct 
final rule that if EPA received adverse comments, it would withdraw the 
direct final rule. Consequently, elsewhere in today's Federal Register, 
EPA is publishing a separate withdrawal document to inform the public 
that EPA received an adverse comment and that the direct final rule 
will not take effect. EPA did not receive any other comments. EPA is 
addressing the adverse comment in today's final rule based upon the 
proposed action published on December 18, 2003.

B. Comments Received and EPA's Response

    The sole comment EPA received on our action is as follows:
``[C]onnecticut Motor Vehicle Emissions
    [T]hese emissions pollute the air for New Jersey as well, so 
standards must be set exceptionally high. NJ already has air pollution 
of immense degradation. We must set higher standards so that our air is 
cleaned. Standards should be set higher than those proposed. People in 
this area are being injured and killed by the air pollution we 
presently have.''
    The State of Connecticut previously established the appropriate 
levels of volatile organic compounds (VOCs) and nitrogen oxides 
(NOX) emission necessary from stationary sources, area 
sources and mobile sources (mobile sources includes emissions from on-
road/highway motor vehicles) to attain the one-hour National Ambient 
Air Quality Standard for Ozone. These levels were documented and 
supported in detail in Connecticut's Ozone Attainment Demonstrations 
which EPA approved on January 3, 2001 (Greater Connecticut serious 
ozone nonattainment area, 66 FR 634) and December 11, 2001 (Connecticut 
portion of the New York-Northern New Jersey-Long Island severe ozone 
nonattainment area, 66 FR 63921). EPA's current action to approve 
Connecticut's revised 2005 and 2007 motor vehicle emission budgets was 
limited to approval of a change in the modeling of these previously 
established motor vehicle emission budgets, and EPA concluded that even 
with the new MOBILE6 emission levels, the two areas would still attain 
in a timely fashion. Issues related to the appropriate level of the 
National Ambient Air Quality Standards (NAAQSs) to protect human health 
and the environment, or to the emission levels selected by Connecticut 
to attain the one-hour ozone NAAQS are beyond the scope of this 
rulemaking.

III. What Is EPA's Conclusion?

    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.
    Table 1 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 1.--MOBILE6.2 Transportation Conformity Budgets
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                                                  Connecticut portion of the New        Greater Connecticut
                                                   York-Northern New Jersey-Long -------------------------------
                                                     Island nonattainment area
                      Year                       --------------------------------   VOC  (tons/     NOX  (tons/
                                                    VOC  (tons/     NOX  (tons/        day)            day)
                                                       day)            day)
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2005............................................            19.5            36.8              NA              NA
2007............................................            16.4            29.7            51.9            98.4
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    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(d)(3) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' allows an agency to make a 
rule effective immediately (thereby avoiding the 30-day delayed 
effective date otherwise provided for in the APA). EPA has concluded 
that it is not necessary to delay the effectiveness of this rule for 30 
days because the entities that will be directly affected by these new 
budgets have had ample notice of our action and wish to use the new 
budgets as soon as possible. The state and Federal Departments of 
Transportation (DOTs) use these budgets to determine whether their 
transportation improvement programs conform with the planning 
assumptions in the state's implementation plan. The DOTs will be most 
immediately affected by EPA's approval of these new budgets and their 
transportation planning obligations are directly impacted by changes in 
these budgets. EPA and the Connecticut DEP have been consulting 
extensively with the DOTs about these budget changes. The DOTs are not 
only ready to use these new budgets without waiting 30 days, they are 
eager to use them as soon as possible to avoid delays in the 
transportation planning process. Therefore, since the entities that are 
most directly impacted by this approval are ready to use the new 
budgets and prefer to use them immediately, EPA is making this rule 
effective immediately. This rule will be effective February 4, 2004.

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

[[Page 5288]]

governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 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. section 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. 
section 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 April 5, 2004. 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, Hydrocarbons, 
Intergovernmental relations, Oxides of Nitrogen, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: January 28, 2004.
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 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

[[Page 5289]]

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. 04-2267 Filed 2-3-04; 8:45 am]
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