Approval and Promulgation of Air Quality Implementation Plans; Approval of the Carbon Monoxide Implementation Plan Submitted by the State of Connecticut Pursuant to Sections 186-187 and 211(m)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT26-1-7198; A-1-FRL-5523-2]

Approval and Promulgation of Air Quality Implementation Plans;

Approval of the Carbon Monoxide Implementation Plan Submitted by the

State of Connecticut Pursuant to Sections 186-187 and 211(m)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On September 15, 1995, EPA proposed to approve the State

implementation plans (SIP) submitted by the State of Connecticut for

the purpose of bringing about the attainment of the national ambient

air quality standard (NAAQS) for carbon monoxide (CO). The

implementation plans were submitted by the State to satisfy the

requirements of Sections 187(a)(2)(A), 187(a)(3), 187(a)(7) and 211(m)

of the Clean Air Act for an approvable nonattainment area CO SIP for

Connecticut's portion of the New York-New Jersey-Connecticut CO

nonattainment area. Public comments were solicited on Connecticut's SIP

submittals, which included the CO attainment demonstration, contingency

measures, vehicle miles travelled (VMT) forecasts and the oxygenated

fuels program for Connecticut's portion of the New York-New Jersey-

Connecticut CO nonattainment area, and on EPA's proposed action. No

public comments were received. In this action, EPA is finalizing the

approvals of these SIP revisions. This document also updates 40 CFR

52.372, 52.373, and 52.374.

EFFECTIVE DATE: August 26, 1996.

ADDRESSES: Copies of the SIP revision relevant to this action are

available for public inspection during normal business hours at the

following location: U.S. Environmental Protection Agency, Region I, Air

Quality Planning Unit, One Congress Street, 11th floor, Boston, MA

02203; and the Bureau of Air Management, Department of Environmental

Protection, 79 Elm Street, Hartford, CT 06106.

FOR FURTHER INFORMATION CONTACT: Wing H. Chau, Air Quality Planning

Unit (CAQ), Office of Ecosystem Protection, U.S. Environmental

Protection Agency, Region 1, J.F.K. Federal Building, Boston, MA 02203,

(617) 565-3570.

SUPPLEMENTARY INFORMATION: On January 12, 1993, January 14, 1993 April

7, 1994, and August 1, 1995, the Connecticut Department of

Environmental Protection (DEP) submitted revisions to its State

Implementation Plan (SIP) for air quality. The revisions are designed

to satisfy the requirements of Sections 187(a)(2)(A), 187(a)(3),

187(a)(7) and 211(m) of the Clean Air Act, as amended in 1990 (CAA).

Those States containing CO nonattainment areas with design values

greater than 12.7 parts per million (ppm) were required to submit,

among other things, a State Implementation Plan revision, by November

15, 1992, that contains a forecast of VMT in the nonattainment area for

each year before the year in which the SIP projects the NAAQS for CO to

be attained and an attainment demonstration such that the plan will

provide for attainment by December 31, 1995 for moderate CO

nonattainment areas. The SIP revision is also required to provide for

annual updates of the VMT forecasts along with annual reports regarding

the extent to which the forecasts proved to be accurate. In addition,

these annual reports must contain estimates of actual VMT in each year

for which a forecast was required. The attainment demonstration must

include a SIP control strategy, which is also due by

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November 15, 1992. The SIP control strategy for a given nonattainment

area must be designed to ensure that the area meets the specific annual

emissions reductions necessary for reaching attainment by the deadline.

In addition, section 187(a)(3) requires these areas to implement

contingency measures if any estimate of actual VMT or any updated VMT

forecast for the area contained in an annual report for any year prior

to attainment exceeds the number predicted in the most recent VMT

forecast. Contingency measures are also triggered by failure to attain

the NAAQS for CO by the attainment deadline. Contingency measures must

be submitted with the CO SIP by November 15, 1992. Section 211(m) of

the Act requires states with CO nonattainment areas classified as

moderate or above to submit SIP revisions to implement oxygenated

gasoline programs by November 1, 1992. The oxygenated gasoline program

must require gasoline sold or dispensed in the CMSA encompassing the CO

nonattainment area to contain not less than 2.7 percent oxygen by

weight during the portion of the year in which the area is prone to

high ambient CO levels. This control period is to be determined by the

Administrator, but shall not be less than four months.

On September 15, 1995, (60 FR 47907) EPA proposed approval of the

SIP revisions designed to satisfy the requirements of Sections

187(a)(2)(A), 187(a)(3), 187(a)(7) and 211(m) of the Clean Air Act, as

amended in 1990 (CAA). Among the elements EPA proposed to approve was

Connecticut's oxygenated gasoline program as it applies to the

Southwestern Control Area and that portion of the definition of control

period that applies to the Southwestern Control Area. In a separate

action approving redesignation of the Hartford CO nonattainment area,

EPA approved Connecticut's oxygenated gasoline requirements as they

apply to the Hartford area. EPA is here approving the State's

oxygenated gasoline requirements as they apply to the Southwestern

Control Area, including the control period for this area. In final

action on the New York CO SIP published elsewhere in today's Federal

Register, EPA is determining that the length of the period prone to

high ambient concentrations of CO for the New York-New Jersey-

Connecticut CMSA extends from November 1 through the last day of

February. The scope of the Connecticut oxygenated gasoline program

corresponds with this required control period, thereby satisfying that

element of the section 211(m) requirements. Please refer to the

September 15, 1995, Federal Register (60 FR 47907), the August 31,

1995, technical support document and the New York CO SIP approval for

additional information on this final rule.

Public Comments

The public comment period for the September 15, 1995, (60 FR

47907), notice of proposed rulemaking to approve the SIP revisions

submitted by the State of Connecticut for the purpose of bringing about

the attainment of the National Ambient Air Quality Standard (NAAQS) for

carbon monoxide closed on October 16, 1995, and no comments were

received.

Final Rulemaking Action

The EPA is approving collectively the plan revisions submitted to

EPA for the Connecticut portion of the NY-NJ-CT CO nonattainment area

on January 12, 1993, January 14, 1993, April 7, 1994, and August 1,

1995. Among other things, Connecticut has demonstrated that the

Connecticut portion of the NY-NJ-CT CO nonattainment area will continue

to attain the CO NAAQS through December 31, 1995, the applicable

attainment date.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from review under Executive Order

12866.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

A SIP approval does not create any new requirements, but simply

approve requirements that the State is already imposing. Therefore,

because the federal SIP-approval does not impose any new requirements,

I certify that it does not have a significant impact on any small

entities affected. Moreover, due to the nature of the federal-state

relationship under the CAA, preparation of a regulatory flexibility

analysis would constitute federal inquiry into the economic

reasonableness of state action. The CAA forbids EPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2).

As noted, additional submittals for the CO nonattainment areas are

required under Section 186 and 187 of the Act. The EPA will determine

the adequacy of any such submittal as appropriate. Nothing in this

action should be construed as permitting or allowing or establishing a

precedent for any future request for revision to any State

implementation plan. Each request for revision to the State

implementation plan shall be considered separately in light of specific

technical, economic, and environmental factors and in relation to

relevant statutory and regulatory requirements.

The Administrator's decision to approve or disapprove the SIP

revision will be based on whether it meets the requirements of Section

110(a)(2)(A)-(K) and 110(a)(3) of the Clean Air Act, as amended, and

EPA regulations in 40 CFR Part 51.

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 25,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 175A and

section 187(a)(1) of the Clean Air Act. The rules and commitments

approved in this action may bind State, local and tribal governments to

perform certain actions and also may ultimately lead to the private

sector being required to certain duties. To the extent that the

imposition of any mandate upon the State, local or tribal governments

either as the owner or operator of a source or as mandate upon the

private sector, EPA's action will impose no new requirements under

State law; such sources are already subject to these requirements under

State law. Accordingly, no additional costs to State, local, or tribal

governments, or to the private sector, results from this action. EPA

has also determined that this final action does not include a mandate

that may result in estimated costs of $100 million or more to State,

[[Page 38576]]

local, or tribal governments in the aggregate or to the private sector.

Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) of the Administrative Procedure Act

(APA) as amended by the Small Business Regulatory Enforcement Fairness

Act of 1996, EPA submitted 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 General Accounting

Office prior to publication of this rule in today's Federal Register.

This rule is not a ``major rule'' as defined by section 804(2) of the

APA as amended.

List of Subjects in 40 CFR Part 52

Incorporation by reference, Environmental protection, Air pollution

control, Carbon monoxide, Intergovernmental relations, Reporting and

recordkeeping requirements.

Dated: June 7, 1996.

John P. DeVillars,

Regional Administrator, EPA-Region 1.

Title 40 of the Code of Federal Regulations, chapter I, part 52 is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart H-Connecticut

2. Section 52.370 is amended by adding paragraph (c)(71) to read as

follows:

Sec. 52.370 Identification of plan.

* * * * *

(c) * * *

(71) Revisions to the Connecticut State Implementation Plan (SIP)

for carbon monoxide concerning the control of carbon monoxide from

mobile sources, dated January 12, 1993, January 14, 1993, April 7,

1994, and August 1, 1995 submitted by the Connecticut Department of

Environmental Protection (CT DEP).

(i) Incorporation by reference.

(A) Letter dated August 1, 1995 which included the amendments and

revisions to the Regulation of Connecticut State Agencies (RCSA),

Section 22a-174-28(a) regarding the definition for the Southwestern

Control Area and that portion of the definition of ``control period''

that applies to the Southwestern Control Area with an effective date of

July 26, 1995.

(ii) Additional materials.

(A) January 12, 1993 and April 7, 1994, VMT forecasts beginning

with the year 1993 and including all subsequent years up to the year of

attainment (1995).

(B) January 12, 1993 and April 7, 1994, Carbon Monoxide Attainment

Demonstration and Contingency Measures.

3. Section 52.372 is removed and reserved.

Sec. 52.372 [Removed and reserved]

4. Section 52.373 is revised to read as follows:

Sec. 52.373 Approval status.

(a) The Administrator approves the general procedures of the

state's sulfur control regulations (19-508-19) and accompanying

narrative submitted on October 23, 1981, and November 4, 1981 and

identified under Sec. 52.370(c)(18), provided that any individual

source approvals granted by the state under the Air Pollution Control/

Energy Trade Option and solid fuel burning permitting system are

submitted to EPA as SIP revisions.

(b) The Administrator approves the total suspended particulate

regulation for foundry sand processes as submitted and identified under

paragraph (c)(22) of this section. This includes only the requirement

to remove ninety percent of the particulate matter and not the

requirement to emit not more than 0.75 pounds of particulate per ton of

material cast, a provision which may be found in state regulation 19-

508-18(f)(3).

5. Section 52.374 is amended by revising the table to read as

follows:

Sec. 52.374 Attainment dates for national standards.

* * * * *

Attainment Dates Established By Clean Air Act of 1990

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Pollutant

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Air quality control region SO2

and nonattainment area ---------------------------- PM-10 NO2 CO O3

Primary Secondary

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AQCR 41: Eastern Connecticut

Intrastate:

Middlesex County (part)

All portions except

cities and towns in

Hartford Area.......... (a) (b) (a) (a) (a) (a)

New London County....... (a) (b) (a) (a) (a) (a)

Tolland County (part)

All portions except

cities and towns in

Hartford Area.......... (a) (b) (a) (a) (a) (e)

Windham County.......... (a) (b) (a) (a) (a) (e)

AQCR 42: Hartford-New Haven-

Springfield Interstate:

Hartford-New Britian-

Middletown Area

Hartford County

(part) See 40 CFR

81.307............. (a) (b) (a) (a) (d) (e)

Litchfield County

(part) See 40 CFR

81.307............. (a) (b) (a) (a) (d) (e)

Middlesex County

(part) See 40 CFR

81.307............. (a) (b) (a) (a) (d) (e)

Tolland County

(part) See 40 CFR

81.307............. (a) (b) (a) (a) (d) (e)

New Haven-Meriden-

Waterbury Area

Fairfield County

(part) See 40 CFR

81.307............. (a) (b) (a) (a) (c) (e)

Litchfield County

(part) See 40 CFR

81.307............. (a) (b) (a) (a) (c) (e)

New Haven County

All portions

except City of

New Haven...... (a) (b) (a) (a) (c) (e)

City of New

Haven.......... (a) (b) (a) (a) (c) (e)

AQCR 43: NY-NJ-CT

Interstate:

New York-N. New Jersey-

Long Island Area

Fairfield County

(part) See 40 CFR

81.307............. (a) (b) (a) (a) (c) (e)

Litchfield County

(part) See 40 CFR

81.307............. (a) (b) (a) (a) (c) (e)

AQCR 44: Northwestern

Connecticut Intrastate

Hartford County (part)

Hartland Township...... (a) (b) (a) (a) (a)

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Litchfield County (part)

All portions except

cities and towns in

Hartford, New Haven,

and New York Areas..... (a) (b) (a) (a) (a) (e)

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(a) Air quality levels presently below primary standards or area is unclassifiable.

(b) Air quality levels presently below secondary standards or area is unclassifiable.

(c) November 15, 1995.

(d) December 31, 1995.

(e) November 15, 1999.

(f) November 15, 2007.

(g) December 31, 1995 (one-year extension granted).

6. Section 52.376 is amended by adding paragraph (c) to read as

follows:

Sec. 52.376 Control strategy: Carbon monoxide.

* * * * *

(c) Approval-On January 12, 1993 and April 7, 1994, the Connecticut

Department of Environmental Protection submitted revisions to the

carbon monoxide State Implementation Plan for VMT forecasts,

contingency measures, and attainment demonstration for CO. These VMT

forecasts, contingency measures, and attainment demonstration were

submitted by Connecticut to satisfy Federal requirements under sections

187(a)(2)(A), 187(a)(3) and 187(a)(7) of the Clean Air Act, as amended

in 1990, as revisions to the carbon monoxide State Implementation Plan.

[FR Doc. 96-18644 Filed 7-24-96; 8:45 am]

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