
[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Rules and Regulations]
[Pages 58467-58470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23098]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R01-OAR-2013-0020; FRL- 9901-11-Region1]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Redesignation of Connecticut Portion of the New York-New 
Jersey-Connecticut Nonattainment Area to Attainment of the 1997 Annual 
and 2006 24-Hour Standards for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the State of Connecticut's June 22, 2012 
request to redesignate the Connecticut portion of the New York-N. New 
Jersey-Long Island, NY-NJ-CT fine particle (PM2.5) area 
(i.e., New Haven and Fairfield Counties; herein called the 
``Southwestern CT Area'' or ``the Area'') from nonattainment to 
attainment for the 1997 annual National Ambient Air Quality Standards 
(NAAQS or standards), as well as for the 2006 24-hour PM2.5 
NAAQS. As part of these approvals, EPA is approving: A State 
Implementation Plan (SIP) revision containing a 10-year maintenance 
plan for the Area; a 2007 base-year emissions inventory for the Area; 
and new motor vehicle emissions budgets (MVEBs) for the years 2017 and 
2025 that are contained in the 10-year PM2.5 maintenance 
plan for the Area. This action is being taken in accordance with the 
Clean Air Act.

DATES: This rule is effective on October 24, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2013-0020. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
www.regulations.gov or in hard copy at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if 
at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding legal holidays.
    Copies of the documents relevant to this action are also available 
for public inspection during normal business hours, by appointment at 
the Bureau of Air Management, Department of Energy and Environmental 
Protection, State Office Building, 79 Elm Street, Hartford, CT 06106-
1630.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1684, fax number (617) 918-0684, email 
simcox.alison@epa.gov.

SUPPLEMENTARY INFORMATION:  Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

[[Page 58468]]

I. Background and Purpose

    On June 22, 2012, the Connecticut Department of Energy and 
Environmental Protection (CT DEEP) submitted a request for EPA to 
redesignate the Connecticut portion of the New York-N. New Jersey-Long 
Island, NY-NJ-CT Area (i.e., the Southwestern CT Area) from 
nonattainment to attainment for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS, and to approve a State Implementation Plan 
(SIP) revision containing an emissions inventory and a maintenance plan 
for the area. As part of its redesignation request, CT DEEP asked EPA 
to withdraw the SIP-approved 2009 motor vehicle emissions budgets 
(MVEBs) prepared using the MOBILE6.2 emissions model and to approve the 
2017 and 2025 MVEBs prepared using the MOVES2010 emissions model.
    On July 19, 2013 (78 FR 43096), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Connecticut proposing to approve the 
state's redesignation request and to approve the associated 
PM2.5 maintenance plan, as well as the 2007 base-year 
emissions inventory and new MVEBs for the years 2017 and 2025. EPA also 
proposed to withdraw the SIP-approved 2009 MVEBs prepared using 
MOBILE6.2.
    Specific details of Connecticut's redesignation request, 2007 
emissions inventory, Clean Air Act (CAA) Section 175A maintenance plan, 
and 2017 and 2025 MVEBs, and the rationale for EPA's proposed approvals 
are explained in the NPR and will not be restated here. No public 
comments were received on the NPR.

II. Final Action

    EPA is approving Connecticut's June 22, 2012 redesignation request 
and maintenance plan for the Southwestern CT Area because the 
requirements for approval have been satisfied. EPA has evaluated 
Connecticut's redesignation request, and determined that it meets the 
redesignation criteria set forth in section 107(d)(3)(E) of the Clean 
Air Act. EPA believes that the redesignation request and monitoring 
data demonstrate that the area has attained the 1997 annual and 2006 
24-hour PM2.5 standards. The final approval of this 
redesignation request will change the designation of the Southwestern 
CT Area from nonattainment to attainment for the 1997 annual and 2006 
24-hour PM2.5 standards.
    EPA is also approving the associated PM2.5 maintenance 
plan for this area submitted on June 22, 2012 as a revision to the 
Connecticut SIP. EPA has determined that the PM2.5 
maintenance plan meets the requirements of section 175A of the CAA. In 
addition, EPA is also withdrawing the previously SIP-approved 2009 
MVEBs prepared using MOBILE6.2 and is approving the 2017 and 2025 MVEBs 
prepared using the MOVES model. Finally, EPA is approving the 2007 
comprehensive emission inventory for the Southwestern CT Area under CAA 
section 182(a)(1).

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
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 November 25, 2013. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.


[[Page 58469]]


    Dated: September 11, 2013.
Stephen S. Perkins,
Acting Regional Administrator, EPA New England.
    Parts 52 and 81 of chapter I, title 40 of the Code of Federal 
Regulations are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart H--Connecticut

0
2. Section 52.379 is amended by adding paragraph (h) to read as 
follows:


Sec.  52.379  Control strategy: PM2.5.

* * * * *
    (h) Approval--EPA is approving a request to redesignate the 
Connecticut portion of the New York-N. New Jersey-Long Island, NY-NJ-CT 
fine particle (PM2.5) area (i.e., New Haven and Fairfield 
Counties or the Southwestern CT Area) from nonattainment to attainment 
for the 1997 annual and 2006 24-hour PM2.5 standards. 
Connecticut submitted this request on June 22, 2012. As part of the 
redesignation request, the State submitted a maintenance plan as 
required by section 175A of the Clean Air Act. Elements of the section 
175A maintenance plan include a contingency plan and an obligation to 
submit a subsequent maintenance plan revision as required by the Clean 
Air Act. The PM2.5 maintenance plan also establishes 2017 
and 2025 Motor Vehicle Emission Budgets (MVEBs) for the Area. 
Connecticut is establishing 2017 MVEBs of 575.8 tons per year (tpy) for 
direct PM2.5 and 12,791.8 tpy for NOX, and 2025 
MVEBs of 516 tpy for direct PM2.5 and 9,728.1 tpy for 
NOX, for the Southwestern CT Area for maintenance of the 
1997 annual and 2006 24-hour PM2.5 standards. The 2017 and 
2025 MVEBs were prepared with the MOVES model. Previously SIP-approved 
2009 MVEBs prepared with MOBILE6.2 are being withdrawn. Finally, EPA is 
also approving a comprehensive 2007 emission inventory for this Area.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. 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

0
4. Section 81.307 is amended by revising the entries for the New York-
N. New Jersey-Long Island, NY-NJ-CT area in the Connecticut-
PM2.5 (Annual NAAQS) table and in the Connecticut--
PM2.5 [24-hour NAAQS] table to read as follows:


Sec.  81.307  Connecticut.

* * * * *

                           Connecticut--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                              Designation \a\
         Designated area          --------------------------------------
                                      Date \1\              Type
------------------------------------------------------------------------
New York-N. New Jersey-Long Island, NY-NJ-CT:
    Fairfield County.............        10-24-13  Attainment.
    New Haven County.............        10-24-13  Attainment.
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.


                                               Connecticut--PM2.5
                                                 [24-Hour NAAQS]
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1997 NAAQS \a\     Designation for the 2006 NAAQS \a\
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
New York-N. New Jersey-Long
 Island, NY-NJ-CT:
    Fairfield County..............  ..............  Unclassifiable/              10-24-13  Attainment.
                                                     Attainment.
    New Haven County..............  ..............  Unclassifiable/              10-24-13  Attainment.
                                                     Attainment.
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.


[[Page 58470]]

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[FR Doc. 2013-23098 Filed 9-23-13; 8:45 am]
BILLING CODE 6560-50-P


