[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)] [Rules and Regulations] [Pages 12002-12005] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-2979] [[Page 12001]] _______________________________________________________________________ Part II Environmental Protection Agency _______________________________________________________________________ 40 CFR Parts 52 et al. Approval and Promulgation of Air Quality Implementation Plans; Rules and Proposed Rules Federal Register / Vol. 64, No. 46 / Wednesday, March 10, 1999 / Rules and Regulations [[Page 12002]] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [CT051-7209; A-1-FRL-6224-8] Removal of the Approval of the 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
Final rule.
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Summary
On November 2, 1998 (63 FR 58637), EPA published a direct final rule that approved the maintenance plan, carbon monoxide redesignation plan, and emissions inventory for the Connecticut portion of the New York-N. New Jersey-Long Island Area. EPA stated in that direct final rule that if we received adverse comment by December 2, 1998, the rule would not take effect and EPA would publish a timely notice withdrawing the rule. EPA subsequently received adverse comment on that direct final rule, but did not publish the withdrawal notice prior to the effective date of the direct final rule. In this action, EPA is removing the amendments that were published in the November 2, 1998, direct final rule. In today's Federal Register, EPA also is issuing a subsequent direct final rule and parallel proposal that addresses the adverse comment EPA received on the November 2, 1998 rule and approves the Connecticut portion of the New York-N. New Jersey-Long Island Area.
Dates
This action is effective March 10, 1999.
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, One Congress Street, Suite 1100, Boston, MA 02114-2023, or at (617) 918-1665 or butensky.jeff@epa.gov.
Supplementary Information
EPA is removing the amendments to this rule that were published as a direct final rule on November 2, 1998. Those amendments approved the redesignation request, maintenance plan, and emissions inventory for the State of Connecticut intended to redesignate the Connecticut portion of the New York-N. New Jersey-Long Island nonattainment area to attainment for carbon monoxide. That action was to establish the area as attainment for carbon monoxide and require the state to implement their 10 year maintenance plan. Since EPA received a letter dated December 2, 1998 with adverse comments from the State of Connecticut, by its terms, the direct final rule should not have become effective. EPA, therefore, is hereby removing those amendments in today's action. Also, in today's Federal Register, EPA is publishing a subsequent direct final rulemaking, which approves the enhanced inspection and maintenance program in Connecticut and also addresses the comment we received from the State of Connecticut on EPA's November 2, 1998 direct final rule. That action also articulates an additional legal rationale for the redesignation and invites comment on that action before the rule becomes effective. EPA is offering the public another opportunity to comment on the issue raised in that comment and on the action as a whole in that direct final rule in today's Federal Register. This removal action is simply a ministerial correction of the prior direct final rulemaking, which by its terms should not have become effective because Connecticut commented adversely on the redesignation action. Therefore, EPA is invoking the good cause exception under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B) because EPA believes that notice-and-comment rulemaking of this removal action is contrary to the public interest and unnecessary. This removal action merely corrects the status of the previous direct final rulemaking. EPA stated in the November 2, 1998 direct final action that should adverse comment be received, the rule would not take effect. The rule took effect because EPA did not publish a timely withdrawal in the Federal Register prior to the rule's effective date. It would be contrary to the public interest to keep that final rule in effect when it should not have taken effect since adverse comment was received. Additionally, notice-and-comment on this action is unnecessary because EPA is affording the public an opportunity to comment on any issues raised by this rulemaking and the comment EPA received in the parallel direct final action published elsewhere in today's Federal Register.
Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. In addition, this action does not impose any enforceable duty, contain any unfunded mandate, or impose any significant or unique impact on small governments as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not require prior consultation with State, local, and tribal government officials as specified by Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive Order 13084 (63 FR 27655 (May 10, 1998), or involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). Because this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O. 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5-501 of the Order has the potential to influence the regulation. This rule is not subject to E.O. 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefor, and established an effective date of March 10, 1999. 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 action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 10, 1999. Filing a petition for reconsideration by
the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, hydrocabons, Intergovernmental relations, Ozone.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks, Wilderness areas.
Note: Incorporation by reference of the State Implementation Plan for the State of Connecticut was approved by the Director of the Federal Register on July 1, 1982.
Dated: January 15, 1999. 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.
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---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------------------------------------- Air quality control region SO2 and nonattainment area ---------------------------- PM10 NOX CO O3 Primary Secondary ---------------------------------------------------------------------------------------------------------------- AQCR 41: Eastern Connecticut Interstate Middlesex County (part)..... (a) (b) (a) (a) (a) (a) All portions except cities and towns in Hartford Area: New London County....... (a) (b) (a) (a) (a) (e) Tolland County (part)... (a) (b) (a) (a) (a) (e) All portions except cities and towns in Hartford Area: Windham County.......... (a) (b) (a) (a) (a) (e) AQCR 42: Hartford-New Haven- Springfield Interstate Hartford-New Britain- Middletown Area Hartford County (part) See (a) (b) (a) (a) (d) (e) 40 CFR 81.307.............. Litchfield County (part) See (a) (b) (a) (a) (d) (e) 40 CFR 81.307.............. Middlesex County (part) See (a) (b) (a) (a) (d) (e) 40 CFR 81.307.............. Tolland County (part) See 40 (a) (b) (a) (a) (d) (e) CFR 81.307................. New Haven-Meriden-Waterbury Area: Fairfield County (part) (a) (b) (a) (a) (d) (e) See 40 CFR 81.307...... Litchfield County (part) (a) (b) (a) (a) (d) (e) See 40 CFR 81.307...... New Haven County: All portions except City (a) (b) (a) (a) (d) (e) of New Haven........... City of New Haven....... (a) (b) (g) (a) (d) (e) AQCR 43: New York-New Jersey- Connecticut Interstate New York-N. New Jersey-Long Island Area Fairfield County (part) See (a) (b) (a) (a) (d) (f) 40 CFR 81.307.............. Litchfield County (part) See (a) (b) (a) (a) (d) (f) 40 CFR 81.307.............. AQCR 44: Northwestern Connecticut Interstate Hartford County (part)...... (a) (b) (a) (a) (a) (e) Hartford Township: Litchfield County (part) (a) (b) (a) (a) (a) (e) See 40 CFR 81.307...... All portions except cities and towns in Hartford, New Haven, and New York Areas. ---------------------------------------------------------------------------------------------------------------- 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, 1996 (two 1-year extensions granted).
3. Section 52.376 is amended by revising paragraphs (a) and (d) and removing 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 182(a) of the Clean Air Act as amended in 1990, as a revision to the carbon monoxide State Implementation Plan. * * * * * (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--Section 107 Attainment Status Designations
2. The table in Sec. 81.307 entitled ``Connecticut-Carbon Monoxide'' is revised to read as follows:
Sec. 81.307 Connecticut.
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Connecticut--Carbon Monoxide ---------------------------------------------------------------------------------------------------------------- Designation Classification Designated area --------------------------------------------------------------------------------- Date1 Type Date1 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)... ......... Nonattainment............... ......... Moderate > 12.7ppm All cities and townships except Shelton City Litchfield County (part).. ......... Nonattainment............... ......... Moderate > 12.7ppm 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 ......... Unclassifiable/Attainment. Connecticut Intrastate. 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 November 15, 1990, unless otherwise noted.
* * * * * [FR Doc. 99-2979 Filed 3-9-99; 8:45 am] BILLING CODE 6560-50-P