Approval and Promulgation of Air Quality Implementation Plans and Designations of Areas for Air Quality Planning Purposes; State of Connecticut; Approval of Maintenance Plan, Carbon Monoxide Redesignation Plan and Emissions Inventory for the New Haven-Meriden- Waterbury area

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[CT50-7208; A-1-FRL-6167-1]

Approval and Promulgation of Air Quality Implementation Plans and

Designations of Areas for Air Quality Planning Purposes; State of

Connecticut; Approval of Maintenance Plan, Carbon Monoxide

Redesignation Plan and Emissions Inventory for the New Haven-Meriden-

Waterbury area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a request by the Connecticut Department of

Environmental Protection (CTDEP) on January 17, 1997 to redesignate the

New Haven-Meriden-Waterbury area from nonattainment to attainment for

carbon monoxide (CO). EPA is approving this request which establishes

the area as attainment for carbon monoxide and requires the state to

implement their 10 year maintenance plan that will insure that the area

remains in attainment. Under the Clean Air Act as amended in 1990

(CAA), designations can be revised if sufficient data is available to

warrant such revisions. EPA is approving the Connecticut request

because it meets the redesignation requirements set forth in the CAA,

and this action is being taken in accordance with Clean Air Act

requirements. In this action, EPA is also approving the 1990 base year

emission inventory for CO emissions, which includes emissions data for

sources of CO in the New Haven nonattainment area.

DATES: This action is effective December 4, 1998, unless EPA receives

adverse or critical comments by November 4, 1998. Should the Agency

receive such comments, it will publish a timely withdrawal in the

Federal Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,

Office of Ecosystem Protection (mail code CAA), U.S. Environmental

Protection Agency, Region I, JFK Federal Bldg., Boston, MA 02203-2211.

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,

Region I, One Congress Street, 11th floor, Boston, MA and the Bureau of

Air Management, Department of Environmental Protection, State Office

Building, 79 Elm Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Jeffrey S. Butensky, Environmental

Planner, Air Quality Planning Unit of the Office of Ecosystem

Protection (mail code CAQ), U.S. Environmental Protection Agency,

Region I, JFK Federal Bldg., Boston, MA 02203-2211, (617) 565-3583 or

at [email protected]

SUPPLEMENTARY INFORMATION: On January 17, 1997, the State of

Connecticut submitted a formal redesignation request consisting of air

quality data showing that the area is attaining the standard and a

maintenance plan with all applicable requirements. In addition, on

January 13, 1994, the State of Connecticut submitted a carbon monoxide

inventory for the New Haven-Meriden-Waterbury area which is also being

approved in today's action.

I. Summary of SIP Revision

A. Background

On March 31, 1978, (See 43 FR 8962), EPA published rulemaking which

set forth attainment status for all States in relation to the National

Ambient Air Quality Standards (NAAQS). The New Haven-Meriden-Waterbury

area and surrounding towns (the ``New Haven area'') was designated as

nonattainment for carbon monoxide (CO) through this notice. This

includes the towns of New Haven, Thomaston, Watertown, Bethlehem,

Woodbury, Wolcott, Waterbury, Middlebury, Southbury, Meriden, Cheshire,

Prospect, Naugatuck, Oxford, Seymour, Shelton, Beacon Falls, Bethany,

Hamden, Wallingford, Guilford, Branford, North Branford, Madison, North

Haven, East Haven, Woodbridge, West Haven, Ansonia, Derby, Orange, and

Milford.

Prior to the 1990 Clean Air Act amendments, a large area

encompassing New Haven, Hartford, and Springfield, MA, was a single air

quality control region. Pursuant to the CAA of 1990, the area was

divided into specific nonattainment areas, one of which is the New

Haven-Meriden-Waterbury CO nonattainment area. The Hartford CO

nonattainment area was redesignated to attainment and a maintenance

area on October 31, 1995. An ``unclassified area'' is an area with data

showing no violations but had been designated as nonattainment prior to

the 1990 Clean Air Act amendments. Therefore, the area continued as

nonattainment by operation of law until the State completes all

redesignation requirements and EPA takes action.

The New Haven area was designated ``unclassifiable'' as determined

by EPA even though the area has ambient monitoring data showing

attainment of the CO NAAQS since 1978. Therefore, this area is subject

to the requirements of section 172 of the Clean Air Act which sets

forth requirements for applicable nonattainment areas (see the

technical support document for more information). The 1990 CAA required

such areas to achieve the standard by November 15, 1995, and the New

Haven area has fulfilled this requirement. Therefore, in an effort to

comply with the CAA and to ensure continued attainment of the NAAQS, on

January 17, 1997 the State of Connecticut submitted a CO redesignation

request and a maintenance plan for the New Haven area. Connecticut

submitted evidence that a public hearing was held on January 8, 1997.

B. Evaluation Criteria

Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides

five specific requirements that an area must meet in order to be

redesignated from nonattainment to attainment.

1. The area must have attained the applicable NAAQS;

2. The area must have a fully approved SIP under section 110(k) of

CAA;

3. The air quality improvement must be permanent and enforceable;

4. The area must have a fully approved maintenance plan pursuant to

section 175A of the CAA;

5. The area must meet all applicable requirements under section 110

and Part D of the CAA.

[[Page 53283]]

C. Review of State Submittal

The Connecticut redesignation request for the New Haven-Meriden-

Waterbury area meets the five requirements of section 107(d)(3)(E)

noted above. The following is a brief description of how the State has

fulfilled each of these requirements.

1. Attainment of the CO NAAQS

Connecticut has accurate CO air monitoring data which shows that

the New Haven-Meriden-Waterbury area has met the CO NAAQS. The request

by Connecticut to redesignate is based on an analysis of quality-

assured monitoring data which is relevant to the maintenance plan and

to the redesignation request. To attain the CO NAAQS, an area must have

complete quality-assured data showing no more than one exceedance of

the standard over at least two consecutive years. The ambient air CO

monitoring data for calendar year 1994 through calendar year 1995

relied upon by Connecticut in its redesignation request shows no

violations of the CO NAAQS, and the area has had no exceedances since

1978. Therefore, the area has complete quality assured data showing no

more than one exceedance of the standard per year over at least two

consecutive years and the area has met the first statutory criterion of

attainment of the CO NAAQS (40 CFR 50.9 and appendix C). Connecticut

also committed to continue to monitor CO in the City of New Haven. In

addition, the state has used the MOBILE5A emission model and the

CAL3QHC (version 2.0) dispersion model, and the modeling results show

no violations of the CO NAAQS in the year 2007. No violations are

expected throughout the maintenance period (through 2008).

2. Fully Approved SIP

Connecticut's CO SIP is fully approved by EPA as meeting all the

requirements of Section 110 of the Act, including the requirement in

Section 110(a)(2)(I) to meet all the applicable requirements of Part D

(relating to nonattainment), which were due prior to the date of

Connecticut's redesignation request. Connecticut's 1982 CO SIP was

fully approved by EPA in 1984 as meeting the CO SIP requirements in

effect under the CAA at that time. The 1990 CAA required that CO

nonattainment areas achieve specific new requirements depending on the

severity of the nonattainment classification. The requirements for the

New Haven-Meriden-Waterbury area include the preparation of a 1990

emission inventory with periodic updates and development of conformity

procedures. Each of these requirements, added by the 1990 Amendments to

the CAA, are discussed in greater detail below.

New Source Review: Consistent with the October 14, 1994 EPA

guidance from Mary D. Nichols entitled ``Part D New Source Review (part

D NSR) Requirements for Areas Requesting Redesignation to Attainment,''

EPA is not requiring as a prerequisite to redesignation to attainment

EPA's full approval of a part D NSR program by Connecticut. Under this

guidance, nonattainment areas may be redesignated to attainment

notwithstanding the lack of a fully-approved part D NSR program, so

long as the program is not relied upon for maintenance. Connecticut has

not relied on a NSR program for CO sources to maintain attainment.

Regardless, the current NSR rules for Connecticut that were approved by

EPA on February 23, 1993, are adequate to meet the CO NSR requirements

applicable in this nonattainment area. Although EPA is not treating a

part D NSR program as a prerequisite for redesignation, it should be

noted that EPA is in the process of taking final action on the State's

revised NSR regulation. Since the New Haven-Meriden-Waterbury area is

being redesignated to attainment by this action, Connecticut's

Prevention of Significant Deterioration (PSD) requirements will be

applicable to new or modified sources in the New Haven-Meriden-

Waterbury area.

Emission Inventory: Under the Clean Air Act as amended, States have

the responsibility to inventory emissions contributing to NAAQS

nonattainment, to track these emissions over time, and to ensure that

control strategies are being implemented that reduce emissions and move

areas towards attainment. The inventory is designed to address actual

CO emissions for the area during the peak CO season. Connecticut

submitted its base year inventory to EPA in November, 1993, and this

included estimates for CO emissions for the New Haven-Meriden-Waterbury

CO nonattainment area. EPA is approving the New Haven-Meriden-Waterbury

portion of the 1990 CO Base Year emission inventory with this

redesignation request.

Section 172(c)(3) of the CAA requires that nonattainment plan

provisions include a comprehensive, accurate, and current inventory of

actual emissions from all sources of relevant pollutants in the

nonattainment area, and this was accomplished. Connecticut included the

requisite inventory in the CO SIP, and the base year for the inventory

was 1990 and used a three month CO season of November 1990 through

January 1991. Stationary point sources, stationary area sources, on-

road mobile sources, and non road mobile sources of CO were included in

the inventory. Available guidance for preparing emission inventories is

provided in the General Preamble (57 FR 13498, April 16, 1992). In this

action, EPA is approving the emission inventory for the New Haven-

Meriden-Waterbury nonattainment area.

The following list presents a summary of the CO peak season daily

emissions estimates in tons per winter day by source category. The EPA

is approving the New Haven-Meriden-Waterbury 1990 base year CO

emissions inventory based on the technical review of the inventory.

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

Area Non road Mobile Point Total

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1554.86...... 479.91 3.85 696.00

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Conformity: Under section 176(c) of the CAA, states are required to

submit revisions to their SIPs that include criteria and procedures to

ensure that Federal actions conform to the air quality planning goals

in the applicable SIPs. The requirement to determine conformity applies

to transportation plans, programs, and projects developed, funded or

approved under Title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as all other federal actions

(``general conformity''). Congress provided for the State revisions to

be submitted one year after the date of promulgation of final EPA

conformity regulations. EPA promulgated revised final transportation

conformity regulations on August 15, 1997 (62 FR #43780) and final

general conformity regulations on November 30, 1993 (58 FR #63214).

These conformity rules require that the States adopt both

transportation and general conformity provisions in the SIP for areas

designated nonattainment or subject to a maintenance plan approved

under CAA section 175A. Pursuant to Sec. 51.390 of the transportation

conformity rule, the State of Connecticut is required to submit a SIP

revision containing transportation conformity criteria and procedures

consistent with those established in the federal rule by August 15,

1998. Similarly, pursuant to Sec. 51.851 of the general conformity

rule, Connecticut was required to submit a SIP revision containing

general conformity criteria and procedures consistent with those

established in the federal rule by December 1, 1994. Connecticut has

not

[[Page 53284]]

yet submitted either of these conformity SIP revisions.

Although Connecticut has not yet adopted and submitted conformity

SIP revisions, EPA may approve this redesignation request. EPA

interprets the requirement of a fully approved SIP in section

107(d)(3)(E)(v) to mean that, for a redesignation request to be

approved, the State must have met all requirements that become

applicable to the subject area prior to or at time of the submission of

the redesignation request. Although this redesignation request was

submitted to EPA after the due date for the SIP revisions for the

general conformity rule and the State has not promulgated their

transportation conformity and general conformity rules, EPA believes it

is reasonable to interpret the conformity requirements as not being

applicable requirements for purposes of evaluating the redesignation

request under section 107(d). The rationale for this is based on two

factors. First, the requirement to submit SIP revisions to comply with

the conformity provisions of the Act applies to maintenance areas and

thereby continues to apply after redesignation to attainment.

Therefore, Connecticut remains obligated to adopt the transportation

and general conformity rules even after redesignation. While

redesignation of an area to attainment enables the area to avoid

further compliance with most requirements of section 110 and part D,

since those requirements are linked to the nonattainment status of an

area, the conformity requirements apply to both nonattainment and

maintenance areas.

Second, EPA's federal conformity rules require the performance of

conformity analyses in the absence of state-adopted rules. Therefore, a

delay in adopting state rules does not relieve an area from the

obligation to implement conformity requirements. Areas are subject to

the conformity requirements regardless of whether they are redesignated

to attainment and must implement conformity under federal rules if

state rules are not yet adopted, therefore, it is reasonable to view

these requirements as not being applicable requirements for purposes of

evaluating a redesignation request. Furthermore, Connecticut has

continually fulfilled all of the requirements of the federal

transportation conformity and general conformity rules, so it is not

necessary that the State have either their transportation or general

conformity rules approved in the SIP prior to redesignation to insure

that Connecticut meets the substance of the conformity requirements. It

should be noted that approval of Connecticut's redesignation request

does not obviate the need for Connecticut to submit the required

conformity SIPs to EPA, and EPA will continue to work with Connecticut

to assure that State rules are promulgated.

On April 1, 1996, EPA modified its national policy regarding the

interpretation of the provisions of section 107(d)(3)(E) concerning the

applicable requirements for purposes of reviewing a CO redesignation

request (61 FR 2918, January 30, 1996). Under this new policy, for the

reasons discussed, EPA believes that the CO redesignation request may

be approved notwithstanding the lack of submitted and approved state

transportation and general conformity rules.

For transportation conformity purposes, the 2008 on-road emission

totals outlined in the chart later in this rule is designated as the

emissions budget for the New Haven-Meriden-Waterbury CO nonattainment/

maintenance area.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

EPA approved Connecticut's CO SIP, submitted in 1982, under the

CAA, as amended in 1977. Emission reductions achieved through the

implementation of control measures contained in that SIP are

enforceable. These measures were: transportation plan reviews, a basic

inspection and maintenance program, right turn on red, and the federal

motor vehicle control program. The air quality improvements are due to

the permanent and enforceable measures contained in the 1982 CO SIP.

EPA finds that the combination of certain existing EPA-approved SIP and

federal measures contribute to the permanence and enforceability of

reduction in ambient CO levels that have allowed the area to attain the

NAAQS.

4. Fully Approved Maintenance Plan Under Section 175A

Section 175A of the CAA sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable NAAQS

for at least ten years after the Administrator approves a redesignation

to attainment. Eight years after the redesignation, the state must

submit a revised maintenance plan which demonstrates attainment for the

ten years following the initial ten-year period. To provide for the

possibility of future NAAQS violations, the maintenance plan must

contain contingency measures, with a schedule for implementation

adequate to assure prompt correction of any air quality problems. The

contingency plan includes the implementation of reformulated gasoline,

which is already occurring, and the implementation of a the enhanced

inspection and maintenance program, which began implementation on

January 1, 1998. Although these programs are being implemented as

measures to achieve the NAAQS for ground level ozone, they are not

required in unclassified carbon monoxide nonattainment areas under the

Clean Air Act and can therefore be used as contingency measures. In

this notice, EPA is approving the State of Connecticut's maintenance

plan for the New Haven-Meriden-Waterbury area because EPA finds that

Connecticut's submittal meets the requirements of section 175A. In

addition, although vehicle miles traveled (VMT) may increase over the

maintenance period, the decrease in emissions per vehicle will more

than offset growth in VMT.

A. Attainment Emission Inventory

As previously noted, the State of Connecticut submitted a

comprehensive inventory of CO emissions from the New Haven-Meriden-

Waterbury area. The inventory includes emissions from area, stationary,

and mobile sources using 1990 as the base year for calculations.

The 1990 inventory is considered representative of attainment

conditions because the NAAQS was not violated during 1990 and was

prepared in accordance with EPA guidance. Connecticut established CO

emissions for the attainment year, 1990, as well as forecast years out

to the year 2007. These estimates were derived from the State's 1990

emissions inventory. The State submittal contains the following data:

New Haven Nonattainment Area CO Emissions Inventory Summary

[Tons per day]

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Year Area Non road Mobile Point Total

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

1990............................ 157.38 54.86 479.91 3.85 696.00

[[Page 53285]]

2007............................ 169.09 58.93 395.97 4.14 628.10

2008............................ 169.09 58.93 395.97 4.14 628.10

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To fulfill the requirements of a redesignation request, a

maintenance plan must extend out 10 years or more from the date of this

document. Therefore, this information had to be provided through the

year 2008. As a result, Connecticut supplied additional information

that indicated that the budget should be identical for 2007 and 2008.

Emissions in 2008 will likely be different than 2007, but a precise

modeling analysis is not required because the difference will be

inconsequential and the actual CO emission levels in these years is

expected to be significantly below the levels estimated in the analysis

contained in the redesignation request. This has fulfilled the 10 year

requirement (further explained in the technical support document).

B. Demonstration of Maintenance-Projected Inventories

Total CO emissions were projected from 1990 base year out to 2007.

In addition, Connecticut was required to extend this analysis to 2008,

and this was accomplished. These projected inventories were prepared in

accordance with EPA guidance. These estimates are extremely

conservative because they do not include reformulated gasoline,

enhanced inspection and maintenance, or the low emission vehicle

program. Therefore, it is anticipated that the area will maintain the

CO standard.

C. Verification of Continued Attainment

Continued attainment of the CO NAAQS in the New Haven-Meriden-

Waterbury area depends, in part, on the State's efforts toward tracking

indicators of continued attainment during the maintenance period, and

the State will submit periodic inventories of CO emissions. In

addition, 8 years from today the state is required to submit another 10

year maintenance plan covering the period from 2008 through 2018.

D. Contingency Plan

The level of CO emissions in the New Haven-Meriden-Waterbury area

will largely determine its ability to stay in compliance with the CO

NAAQS in the future. Despite the State's best efforts to demonstrate

continued compliance with the NAAQS, the ambient air pollutant

concentrations may exceed or violate the NAAQS, although highly

unlikely. Also, section 175A(d) of the CAA requires that the

contingency provisions include a requirement that the State implement

all measures contained in the SIP prior to redesignation. Therefore,

Connecticut has provided contingency measures in the event of a future

CO air quality problem.

Connecticut has developed a two-stage contingency plan. The first

stage is the implementation of reformulated gasoline as indicated

earlier in this notice. The second is the implementation of the

enhanced inspection and maintenance program, also as indicated earlier.

In order to be adequate, the maintenance plan should include at least

one contingency measure that will go into effect with a triggering

event. Connecticut is relying largely on these two contingency measures

that will go into effect regardless of any triggering event, thereby

fulfilling this requirement.

E. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, the State has agreed

to submit a revised maintenance SIP eight years after the area is

redesignated to attainment. Such revised SIP will provide for

maintenance for an additional ten years.

5. Meeting Applicable Requirements of Section 110 and Part D

In this document, EPA has set forth the basis for its conclusion

that Connecticut has a fully approved SIP which meets the applicable

requirements of Section 110 and Part D of the CAA.

EPA is publishing this redesignation and approving the emissions

budget for the New Haven-Meriden-Waterbury area without prior proposal

because the Agency views this as noncontroversial 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 should relevant adverse comments be

filed. This action will be effective December 4, 1998 without further

notice unless the Agency receives relevant adverse comments by November

4, 1998.

If the EPA receives such comments, then EPA will publish a timely

withdrawal of the final rule and informing the public that it will not

take effect. All public comments received will then be addressed in a

subsequent final rule based on the proposal. The EPA will not institute

a second comment period on this rule. Only parties interested in

commenting on this rule should do so at this time. If no such comments

are received, the public is advised that this redesignation will be

effective on December 4, 1998 and no further action will be taken on

the proposal.

II. Final Action

EPA is approving the New Haven-Meriden-Waterbury CO resignation and

maintenance plan because it meets the requirements set forth in section

175A of the CAA. In addition, the Agency is approving the request to

redesignate the New Haven-Meriden-Waterbury CO area to attainment,

because the State has demonstrated compliance with the requirements of

section 107(d)(3)(E) for redesignation.

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.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon

[[Page 53286]]

a state, local, or tribal government, unless the Federal government

provides the funds necessary to pay the direct compliance costs

incurred by those governments. If the mandate is unfunded, EPA must

provide to the Office of Management and Budget a description of the

extent of EPA's prior consultation with representatives of affected

state, local, and tribal governments, the nature of their concerns,

copies of written communications from the governments, and a statement

supporting the need to issue the regulation. In addition, E.O. 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of state, local, and tribal

governments and ``to provide meaningful and timely input in the

development of regulatory proposals containing significant unfunded

mandates.'' Today's rule does not create a mandate on state, local or

tribal governments. The rule does not impose any enforceable duties on

these entities. Accordingly, the requirements of section 1(a) of E.O.

12875 do not apply to this rule.

C. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, representatives of Indian tribal governments

``to provide meaningful and timely input in the development of

regulatory policies on matters that significantly or uniquely affect

their communities. Today's rule does not significantly or uniquely

affect the communities of Indian tribal governments. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

D. Regulatory Flexibility Act

Redesignation of an area to attainment under section 107(d)(3)(E)

of the CAA does not impose any new requirements on small entities.

Redesignation is an action that affects the status of a geographical

area and does not impose any regulatory requirements on sources. To the

extent that the area must adopt new regulations, based on its

attainment status, EPA will review the effect of those actions on small

entities at the time the State submits those regulations. The

Administrator certifies that the approval of the redesignation request

will not affect a substantial number of small entities.

E. Unfunded Mandates

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

F. Submission to Congress and the Comptroller General

Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

G. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under

Executive Order 12866, and (2) concerns an environmental health or

safety risk that EPA has reason to believe may have a disproportionate

effect on children. If the regulatory action meets both criteria, the

Agency must evaluate the environmental health or safety effects of the

planned rule on children, and explain why the planned regulation is

preferable to other potentially effective and reasonably feasible

alternatives considered by the Agency.

This rule is not subject to E.O. 13045 because it is does not

involved decisions intended to mitigate environmental health or safety

risks.

H. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by December 4, 1998. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this 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

an action. This action may not be challenged later in proceedings to

enforce its requirements. (See section 307(b)(2).) EPA encourages

interested parties to comment in response to the proposed redesignation

rather than petition for judicial review, unless the objection arises

after the comment period allowed for in the proposal.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and recordkeeping requirements, Sulfur

oxides.

40 CFR Part 81

Air pollution Control, National Parks, Wilderness Areas.

Dated: September 11, 1998.

John P. DeVillars,

Regional Administrator, Region I.

Part 52 of chapter I, title 40 of the Code of Federal Regulations

is amended as follows:

PART 52--[AMENDED]

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

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

Subpart H--Connecticut

2. Section 52.376 is amended by revising paragraphs (a) and (b) and

by adding paragraph (d) to read as follows:

Sec. 52.376 Control strategy: Carbon monoxide.

(a) Approval--On January 12, 1993, the Connecticut Department of

Environmental Protection submitted a revision to the carbon monoxide

State Implementation Plan for the 1990 base year emission inventory.

The inventory was submitted by the State of Connecticut to satisfy

Federal

[[Page 53287]]

requirements under sections 172(c)(3) and 187(a)(1) of the Clean Air

Act as amended in 1990, as a revision to the carbon monoxide State

Implementation Plan for the Hartford/New Britain/Middletown carbon

monoxide nonattainment area and the New Haven/Meriden/Waterbury carbon

monoxide nonattainment area.

(b) Approval--On September 30, 1994, the Connecticut Department of

Environmental Protection submitted a request to redesignate the

Hartford/New Britain/Middletown Area carbon monoxide nonattainment area

to attainment for carbon monoxide. As part of the redesignation

request, the State submitted a maintenance plan as required by 175A of

the Clean Air Act, as amended in 1990. Elements of the section 175A

maintenance plan include a base year (1993 attainment year) emission

inventory for carbon monoxide, a demonstration of maintenance of the

carbon monoxide NAAQS with projected emission inventories to the year

2005 for carbon monoxide, a plan to verify continued attainment, a

contingency plan, and an obligation to submit a subsequent maintenance

plan revision in 8 years as required by the Clean Air Act. If the area

records a violation of the carbon monoxide NAAQS (which must be

confirmed by the State), Connecticut will implement one or more

appropriate contingency measure(s) which are contained in the

contingency plan. The menu of contingency measure includes enhanced

motor vehicle inspection and maintenance program and implementation of

the oxygenated fuels program. The redesignation request and maintenance

plan meet the redesignation requirements in sections 107(d)(3)(E) and

175A of the Act as amended in 1990, respectively.

* * * * *

(d) Approval--On January 17, 1997, the Connecticut Department of

Environmental Protection submitted a request to redesignate the New

Haven/Meriden/Waterbury carbon monoxide nonattainment area to

attainment for carbon monoxide. As part of the redesignation request,

the State submitted a maintenance plan as required by 175A of the Clean

Air Act, as amended in 1990. Elements of the section 175A maintenance

plan include a base year emission inventory for carbon monoxide, a

demonstration of maintenance of the carbon monoxide NAAQS with

projected emission inventories to the year 2008 for carbon monoxide, a

plan to verify continued attainment, a contingency plan, and an

obligation to submit a subsequent maintenance plan revision in 8 years

as required by the Clean Air Act. If the area records a violation of

the carbon monoxide NAAQS (which must be confirmed by the State),

Connecticut will implement one or more appropriate contingency

measure(s) which are contained in the contingency plan. The menu of

contingency measure includes reformulated gasoline and the enhanced

motor vehicle inspection and maintenance program. The redesignation

request and maintenance plan meet the redesignation requirements in

sections 107(d)(3)(E) and 175A of the Act as amended in 1990,

respectively.

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

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

Subpart C--Connecticut

2. Section 81.307 is amended by revising the table for

``Connecticut-Carbon Monoxide'' to read as follows:

Sec. 81.307 Connecticut.

* * * * *

Connecticut--Carbon Monoxide

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Designation Classification

Designated area ----------------------------------------------------------------------------------------------------------------

Date Type Date Type

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Hartford-New Britain-Middletown Area:

Hartford County (part)............. 1/2/96 Attainment.

Bristol City, Burlington Town,

Avon Town, Bloomfield Town,

Canton Town, E. Granby Town,

E. Hartford Town, E. Windsor

Town, Enfield Town, Farmington

Town, Glastonbury Town, Granby

Town, Hartford city,

Manchester Town, Marlborough

Town, Newington Town, Rocky

Hill Town, Simsbury Town, S.

Windsor Town, Suffield Town,

W. Hartford Town, Wethersfield

Town, Windsor Town, Windsor

Locks Town, Berlin Town, New

Britain city, Plainville Town,

and Southington Town

Litchfield County (part)............... 1/2/96 Attainment.

Plymouth Town...................... 1/2/96 Attainment.

Middlesex County (part):

Cromwell Town, Durham Town, E.

Hampton Town, Haddam Town,

Middlefield Town, Middleton City,

Portland Town, E. Haddam Town

Tolland County (part):

Andover Town, Boton Town, Ellington 1/2/96 Attainment.

Town, Hebron Town, Somers Town,

Tolland Town, and Vernon Town

New Haven--Meriden--Waterbury Area..... 10/5/98 Attainment.

Fairfield County (part) Shelton ........... Attainment.

City.

Litchfield County (part):

Bethlehem Town, Thomaston Town, ........... Nonattainment.

Watertown, Woodbury Town.

New Haven County....................... ........... Attainment.

New York-N. New Jersey-Long Island

Area:

Fairfield County (part):

All cities and townships except ........... Nonattainment................................. ........... Moderate > 12.7 ppm.

Shelton City.

Litchfield County(part)............ ........... .............................................. ........... Moderate > 12.7 ppm.

[[Page 53288]]

Bridgewater Town, New Milford

Town

AQCR 041 Eastern Connecticut ........... Unclassifiable/Attainment.

Intrastate..

Middlesex County (part):

All portions except cities and

towns in Hartford Area

New London County:

Tolland County (part):

All portions except cities and

towns in Hartford Area

Windham County:

AQCR 044 Northwestern Connecticut ........... Unclassifiable/Attainment.

Intrastate..

Hartford County (part) Hartland

Township

Litchfield County (part):

All portions except cities and

towns in Hartford, New Haven,

and New York Areas.

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* * * * *

[FR Doc. 98-26453 Filed 10-2-98; 8:45 am]

BILLING CODE 6560-50-P