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 Connecticut Portion of the New YorkN. New JerseyLong Island Area

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CT051-7209a; A-1-FRL-6182-2]

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 Connecticut Portion

of the New York--N. New Jersey--Long Island 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 May 29, 1998 to redesignate the

Connecticut portion of the New York--N. New Jersey--Long Island carbon

monoxide nonattainment area (hereinafter the southwest Connecticut

nonattainment 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 (CAA) as amended in 1990,

designations can be revised if sufficient air quality data is available

to warrant such revisions. EPA is approving the Connecticut request

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

In this action, EPA is also approving the 1993 periodic emission

inventory for CO emissions.

DATES: This action is effective January 4, 1999, unless EPA receives

adverse or critical comments by December 2, 1998. Should the Agency

receive such comments, it will publish a timely withdrawal informing

the public that this rule will not take effect.

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

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

Protection Agency, Region I, 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 May 29, 1998, the State of Connecticut

submitted a formal redesignation request consisting of air quality data

showing that the southwest Connecticut area is attaining the standard

and a maintenance plan with all applicable requirements. In addition,

in December, 1996, the State of Connecticut submitted a 1993 periodic

carbon monoxide inventory 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 a rulemaking

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

National Ambient Air Quality Standards (NAAQS). The Connecticut portion

of the New York--N. New Jersey-Long Island area was designated as

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

includes the municipalities in southwest Connecticut of Bethel,

Bridgeport, Bridgewater, Brookfield, Danbury, Darien, Easton,

Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, New Milford,

Newtown, Norwalk, Redding, Ridgefield, Sherman, Stamford, Stratford,

Trumbull, Weston, Westport, and Wilton.

In a letter dated March 14, 1991 from the Connecticut Department of

Environmental Protection to the EPA Administrator, the State

recommended that the area be classified as moderate nonattainment for

CO. The moderate classification was based on monitoring data measured

outside the Connecticut portion of the nonattainment area. Therefore,

this area is subject to the requirements of section 187 of the Clean

Air Act which sets forth requirements for CO nonattainment areas. The

1990 CAA required such areas to achieve the standard by December 31,

1995 as per CAA section 186 (a)(1). Two one year extensions were

granted pursuant to section 186 (a)(4), and the entire New York--N. New

Jersey--Long Island Area has been attaining the NAAQS since 1997.

The southwest Connecticut area makes up a portion of the New York--

N. New Jersey-Long Island CO nonattainment area. However, EPA has

determined that Connecticut can

[[Page 58638]]

redesignate to attainment while the remaining two states remain

designated as nonattainment. Specifically, the counties in New York and

New Jersey will remain designated as nonattainment due to shortfalls in

their respective state implementation plans (see further discussion

below). However, since Connecticut has fulfilled all Clean Air Act

requirements required to redesignate, the Connecticut portion of the

tri-state nonattainment area can redesignate to attainment. Therefore,

in an effort to comply with the CAA and to ensure continued attainment

of the NAAQS, on May 29, 1998, the State of Connecticut submitted a CO

redesignation request and a maintenance plan for the southwest

Connecticut area. Connecticut submitted evidence that a public hearing

was held on April 21, 1998.

B. Evaluation Criteria

Rationale for Redesignating the Connecticut Portion of the New York--N.

New Jersey--Long Island Area

EPA has concluded that the southwest Connecticut area can

redesignate to attainment even though the New York and New Jersey

portions of the nonattainment area will not be redesignating at this

time. The entire tri-state area has the required two years of clean air

quality data needed to allow an area to redesignate. Both New York and

New Jersey have not, however, fulfilled all the Clean Air Act

requirements for a CO State Implementation Plan (SIP). Therefore, New

York and New Jersey cannot redesignate their CO nonattainment areas

until all requirements are fulfilled. Connecticut has implemented all

required control measures, including an enhanced inspection and

maintenance program. EPA believes it is not reasonable in this case to

prevent Connecticut from redesignating because of the failure of the

other two states to fulfill their SIP obligations. To do so would have

the effect of penalizing the one state of the three that has most

diligently met its obligations under the Act.

As a safeguard to assure that redesignating in Connecticut will not

eliminate the tracking of multi-state impacts in this nonattainment

area, Connecticut has agreed in this redesignation request to provide a

broad, early trigger for contingency measures. Connecticut has

committed to treating an exceedance of the CO standard in any of the

three States as a trigger for contingency measures in Connecticut,

rather than a violation in the area (further discussed in the

continency measures section of this notice.) An exceedance in any part

of the nonattainment area will trigger Connecticut's commitment to

assess its impact on the area of exceedance and to take an appropriate

response, if any, to address the exceedance.

Current data suggest that Connecticut's contribution to CO

exceedances in New York and New Jersey is not substantial. To support

the fact that Connecticut has a minimal impact on CO concentrations in

the other two states, EPA requested that Connecticut provide data on

vehicle miles traveled (VMT) for Connecticut vehicles entering New York

for work purposes. Approximately 1.1 percent of the total work trips

entering the seven county New York CO nonattainment area originate from

Connecticut (see the Technical Support Document for more information).

Statistics on work trips to New Jersey that originate in Connecticut

are not available at this time but would likely show a similar trend or

even less contribution than in New York. Therefore, EPA concludes that

vehicle trips originating in Connecticut make only a minor contribution

to CO emissions in the New York and New Jersey portions of this

nonattainment area.

Section 107(d)(3)(A) of the Act provides for EPA to redesignate

portions of nonattainment areas, including ``any area or portion of an

area within the State or interstate area.'' Given the discretion

provided under the Act to act on only a portion of an interstate

nonattainment area, EPA is prepared to allow Connecticut to redesignate

to attainment separately from New York and New Jersey. Not to do so

would penalize Connecticut for other states' failure to meet their SIP

obligations. Though the entire nonattainment area now has clean air

data that support redesignation, Connecticut has committed to assessing

its impact on any future CO exceedances anywhere in the area if air

quality should deteriorate in the future. And finally, Connecticut's

contribution to VMT and CO emissions in the other states is not

substantial.

Requirements for Redesignation

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.

C. Review of State Submittal

The Connecticut redesignation request for the southwest Connecticut

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 quality-assured CO ambient air monitoring data

which shows that the southwest Connecticut area has met the CO NAAQS.

In addition, both New York and New Jersey have met the CO NAAQS but

cannot redesignate due to shortfalls in their State implementation

plans (as previously discussed). 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 1995 through calendar year 1996 relied upon by

Connecticut in its redesignation request shows no violations of the CO

NAAQS, and the area has had no exceedances since then. 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 cities of Stamford and Bridgeport.

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 2010. No violations are

expected throughout the maintenance period (through 2010).

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

[[Page 58639]]

redesignation request. The Southwest Connecticut CO SIP was fully

approved by EPA on July 25, 1996 as meeting the CO SIP requirements in

effect under the CAA. The 1990 CAA required that CO nonattainment areas

achieve specific new requirements depending on the severity of the

nonattainment classification. The requirements for the southwest

Connecticut area include the development of an attainment

demonstration, vehicle miles traveled forecasts, data providing proof

that the standard has been achieved, the development of continency

measures and a maintenance plan, preparation of a 1990 emission

inventory with periodic updates, and adherence to the conformity rules.

These requirements 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.

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 southwest

Connecticut 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

southwest Connecticut 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.

Section 187(a)(1) 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 1989 through

January 1990. 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 1990 emissions inventory for the

Connecticut portion of the New York--N. New Jersey--Long Island Area.

Connecticut submitted its 1993 periodic inventory to EPA in

December, 1996, and this included estimates for CO emissions for all

three previously designated CO nonattainment areas (i.e., the Hartford/

New Britain/Middletown area, the New Haven/Meriden Waterbury area, and

the southwest Connecticut area). EPA is approving the 1993 CO periodic

emission inventory with this redesignation request based on a technical

review of the inventory. The following list presents a summary of the

1990 and 1993 CO peak season daily emissions estimates in tons per

winter day (tpd) by source category for the southwest Connecticut area.

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Area Non road Mobile Point Total

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1990 CO Emissions (tpd)....................... 155.18 71.62 413.54 13.11 653.45

1993 CO Emissions (tpd)........................ 188.93 73.54 277.29 2.64 542.40

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Oxygenated fuel: On July 25, 1996, EPA approved in the Federal

Register a SIP revision satisfying the requirements of section 211(m)

of the CAA. This action approved Connecticut's oxygenated gasoline

program as it applies to the southwestern control area. At this time,

EPA determined that the length of the period prone to high ambient

concentrations of CO for the New York-New Jersey-Connecticut CMSA to be

from November 1 through the last day of February in this area. The

scope of the Connecticut oxygenated gasoline program corresponds with

this required control period, thereby satisfying that element of the

section 211(m) requirements.

The oxygenated gasoline program is one in which all oxygenated

gasoline must contain a minimum oxygen content of 2.7 percent by weight

of oxygen. Under Section 211(m)(4) of the CAA, EPA also issued

requirements for the labeling of gasoline pumps used to dispense

oxygenated gasoline, as well as guidelines on the establishment of an

appropriate control period. These labeling requirements and control

period guidelines may be found at 57 FR 47849, dated October 20, 1992.

Connecticut's oxygenated gasoline regulation requires the minimum

2.7 percent oxygen content in gasoline sold in the southwestern control

area. The regulation also contains the necessary labeling regulations,

enforcement procedures, and oxygenate test methods.

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 40 CFR 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 40 CFR 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 yet submitted either of these conformity SIP revisions.

[[Page 58640]]

Although Connecticut has not yet adopted and submitted conformity

SIP revisions, 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 2010 on-road emission

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

emissions budget for the southwest Connecticut CO nonattainment/

maintenance area.

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

EPA approved Connecticut's CO SIP on July 25, 1996. Emission

reductions achieved through the implementation of control measures

contained in that SIP are enforceable. These measures were: a basic

inspection and maintenance program, reformulated gasoline, the federal

motor vehicle control program, and the tier 1 emissions standards for

new cars and trucks (began in the 1994 model year). The air quality

improvements are due to the permanent and enforceable measures

contained in the 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 investigation of traffic conditions that

caused any exceedance of the nine parts per million CO NAAQS threshold,

the implementation of the enhanced inspection and maintenance program

(which began implementation on January 1, 1998), and the low emission

vehicle program (LEV). Although most of these programs are being

implemented as measures to achieve the NAAQS for ground level ozone,

they are not required in 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 southwest Connecticut 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 southwest Connecticut

area. The inventory includes 1997 emissions from area, stationary, and

mobile sources using 1993 as the base year for calculations. In

addition, a conformity budget of 205 tons/day for on-road mobile

sources is being established to ensure that total projected CO emission

during the maintenance period do not exceed the total attainment year

inventory. This budget supersedes all previous budgets and should be

used for all future transportation conformity determination made by the

regional planning agencies.

The 1997 inventory is considered representative of attainment

conditions because the NAAQS was not violated during 1997 in the

nonattainment area and the inventory was prepared in accordance with

EPA guidance. Connecticut established CO emissions for the attainment

year, 1997, as well as for the year 2010. The southwest Connecticut

portion of the tri-state CO nonattainment area has measured compliance

with the CO NAAQS since 1985. However, Connecticut is establishing the

1997 inventory as the attainment inventory because 1997 was the first

year that the entire tri-state area compiled two years of violation

free monitoring data necessary to redesignate to attainment. These

estimates were derived from the State's 1993 emissions inventory. The

State submittal contains the following data:

[[Page 58641]]

Southwest Connecticut Nonattainment Area CO Emissions Inventory Summary

[Tons per day]

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Year Area Non road Mobile Point Total

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1993........................................... 188.9 73.5 277.3 2.7 542.3

1997........................................... 189.4 73.7 216.1 2.7 481.9

2010........................................... 196.3 76.4 205.1 2.7 480.5

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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

notice. Therefore, this information had to be provided through the year

2010. This has fulfilled the 10 year requirement for maintenance plans.

B. Demonstration of Maintenance-Projected Inventories

Total CO emissions were projected from the 1993 base year out to

2010 as shown in the table in the preceding section. Connecticut

projects that total CO emissions in 2010 will be less than CO emissions

in the 1997 attainment year. These projected inventories were prepared

in accordance with EPA guidance and included the benefits of federal

motor vehicle controls, reformulated gasoline, and basic inspection and

maintenance. These estimates are extremely conservative because they do

not include oxygenated 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 southwest Connecticut

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 2010 through 2020.

D. Contingency Plan

The level of CO emissions in the southwest Connecticut 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 decided to implement contingency measures when an

exceedance occurs even though they are only required if a violation

occurs, therefore making the continency plan more stringent than is

required. An exceedance occurs when a monitor measures CO levels above

nine parts per million as a mean concentration over an eight hour

period, and the NAAQS is violated if there are two or more exceedances

in a given year. The State believes that an early trigger will allow

Connecticut to take early measures in response to the emission problem

to avoid another exceedance and/or persistence of a problem that could

lead to a NAAQS violation.

Connecticut has developed a three-stage contingency plan for the

southwest Connecticut area. The first stage of the plan is to

investigate the local traffic conditions where the exceedance occurred.

The second stage is the implementation of the enhanced inspection and

maintenance program as indicated earlier in this notice. The third is

the low emission vehicle 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 three contingency measures, the

later two of which 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 section C.2. of this notice, 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 southwest Connecticut 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 January 4, 1999, without further

notice unless the Agency receives relevant adverse comments by December

2, 1998.

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

withdrawal of the final rule 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. Any 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 January 4, 1999, and no further action will be taken on

the proposal.

II. Final Action

EPA is approving the southwest Connecticut CO redesignation because

the State has demonstrated compliance with the requirements of section

107(d)(3)(E) for redesignation and EPA is approving the maintenance

plan because it meets the requirements set forth in section 175A of the

CAA.

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

[[Page 58642]]

action from Executive Order 12866 entitled ``Regulatory Planning and

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 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 ``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 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 E.O.

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 does not involve

decisions intended to mitigate environmental health or safety risks.

D. 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, Executive Order 13084 requires EPA to develop

an effective process permitting elected and other representatives of

Indian tribal governments ``to provide meaningful and timely input in

the development of regulatory policies on matters that significantly or

uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

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

E. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under Sections 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

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

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

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

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

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

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

G. Submission to Congress and the Comptroller General

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

Small Business Regulatory Enforcement Fairness Act of 1996, generally

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

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

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

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

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

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. A major rule cannot

take effect until 60 days after it is published in the Federal

Register. This rule is not a ``major rule'' as defined by 5 U.S.C.

804(2).

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 January 4, 1999. 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

[[Page 58643]]

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, Ozone.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: October 21, 1998.

John P. DeVillars,

Regional Administrator, Region I.

40 CFR Parts 52 and 81 are 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 52.374 is amended by revising the table to read as

follows:

Sec. 52.374 Attainment dates for national standards.

* * * * *

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

Pollutant

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

Air quality control region SO2

------------------------ PM10 NO2 CO O3

Primary Secondary

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

AQCR 41: Eastern Connecticut Intrastate

(See 40 CFR 81.183).................... (a) (a) (a) (a) (a) (d)

AQCR 42: Hartford-New Haven-Springfield

Interstate Area (See 40 CFR 81.26).....

All portions except City of New

Haven.............................. (a) (a) (a) (a) (a) (d)

City of New Haven................... (a) (a) (c) (a) (a) (d)

AQCR 43: New Jersey-New York-Connecticut

Interstate Area (See 40 CFR 81.13)..... (a) (a) (a) (a) (a) (e)

AQCR 44: Northwestern Connecticut

Intrastate (See 40 CFR 81.184)......... (a) (a) (a) (a) (a) (d)

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

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. December 31, 1996 (two 1-year extensions granted).

d. November 15, 1999.

e. November 15, 2007.

3. Section 52.376 is amended by revising paragraphs (a) and (d) and

by adding paragraphs (e) and (f) 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 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, the New Haven/Meriden/Waterbury

carbon monoxide nonattainment area, and the Connecticut Portion of the

New York--N. New Jersey--Long Island carbon monoxide nonattainment

area.

* * * * * *

(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 establishes a motor vehicle emissions budget of 229 tons per

day for carbon monoxide to be used in determining transportation

conformity for the New Haven/Meriden/Waterbury area. 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.

(e) Approval--In December, 1996, the Connecticut Department of

Environmental Protection submitted a revision to the carbon monoxide

State Implementation Plan for the 1993 periodic emission inventory. The

inventory was submitted by the State of Connecticut to satisfy Federal

requirements under section 187(a)(5) of the Clean Air Act as amended in

1990, as a revision to the carbon monoxide State Implementation Plan.

(f) Approval---On May 29, 1998, the Connecticut Department of

Environmental Protection submitted a request to redesignate the

Connecticut portion of the New York-N. New Jersey-Long Island 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 periodic emission inventory

for carbon

[[Page 58644]]

monoxide, a demonstration of maintenance of the carbon monoxide NAAQS

with projected emission inventories to the year 2010 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 an

exceedance 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 investigating local traffic conditions,

the enhanced motor vehicle inspection and maintenance program, and the

low emissions vehicles program (LEV). The redesignation request

establishes a motor vehicle emissions budget of 205 tons per day for

carbon monoxide to be used in determining transportation conformity in

the Connecticut Portion of the New York--N. New Jersey--Long Island

Area. 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--Section 107 Attainment Status Designations

2. The table in 81.307 entitled ``Connecticut-Carbon Monoxide'' is

revised to read as follows:

Sec. 81.307 Connecticut.

* * * * *

Connecticut-Carbon Monoxide

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

Designation Classification

Designated Area ---------------------------------------------------------------------------------

Date 1 Type Date 1 Type

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

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

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

Cromwell Town, Durham

Town,

E. Hampton Town, Haddam

Town,

Middlefield Town,

Middletown City,

Portland Town, E. Haddam

Town

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

Andover Town, Bolton Town,

Ellington Town, Hebron

Town,

Somers Town, Tolland Town,

and Vernon Town

New Haven--Meriden--Waterbury

Area

Fairfield County (part)....... 12/4/98.................. Attainment........................ ........ .......

Shelton City

Litchfield County (part)...... 12/4/98.................. Attainment........................ ........ .......

Bethlehem Town, Thomaston

Town,

Watertown, Woodbury Town

New Haven County.............. 12/4/98.................. Attainment........................ ........ .......

New York-N. New Jersey-Long

Island Area

Fairfield County (part)....... 1/4/99................... Attainment........................ ........ .......

All cities and townships

except Shelton City

Litchfield County (part)...... 1/4/99................... Attainment........................ ........ .......

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

Harfford Area

Windham County

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

Connecticut Intrastate.

[[Page 58645]]

Hartford County (part)

Hartland Township

Litchfield County (part)

All portions except

cities and towns in

Hartford, New Haven,

and New York Areas

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

\1\ This date is Novemer 15, 1990, unless otherwise noted.

* * * * * *

*

[FR Doc. 98-29304 Filed 10-30-98; 8:45 am]

BILLING CODE 6560-50-U