Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Connecticut

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: October 31, 1995 (Volume 60, Number 210)]
[Rules and Regulations]
[Page 55316-55321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CT23-1-7084; FRL-5296-5]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Connecticut

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

SUMMARY: On September 30, 1994, the Connecticut Department of
Environmental Protection (CT DEP), submitted a request to redesignate
the Hartford/New Britain/Middletown area from nonattainment to
attainment for carbon monoxide (CO). Under the Clean Air Act as amended
in 1990 (CAA), designations can be revised if sufficient data is
available to warrant such revisions. In this action, EPA is approving
the Connecticut request because it meets the redesignation requirements
set forth in the CAA.
In addition, EPA is approving two related State Implementation Plan
(SIP) submissions by Connecticut DEP. On January 12, 1993, Connecticut
DEP submitted a final 1990 base year emission inventory for CO
emissions, which includes emissions data for all sources of CO in
Connecticut's two CO nonattainment areas (the Hartford/New Britain/
Middletown area and the Connecticut portion of the New York/New Jersey/
Connecticut Consolidated Metropolitan Statistical Area (CMSA). On
January 12, 1993, January 14, 1993, September 30, 1994 and August 1,
1995, Connecticut DEP submitted an oxygenated fuel program and
revisions for both CO nonattainment areas. In this action, EPA is
approving the CO emissions inventory for both areas and the oxygenated
fuels program only as it applies to the Hartford/New Britain/Middletown
nonattainment area.

DATES: This final rule will be effective January 2, 1996 unless
critical or adverse comments are received by November 30, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.

ADDRESSES: Written comments should be sent to Susan Studlien, Acting
Director, at the EPA Regional Office listed below. Copies of the
redesignation request and the State of Connecticut's submittals are
available for public review during normal business hours at the
addresses listed below.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street SW., Washington, DC 20460, and;
Environmental Protection Agency, One Congress Street, Boston, MA 02203.

FOR FURTHER INFORMATION CONTACT:
Damien Houlihan of the EPA Region I Air, Pesticides and Toxics
Management Division at (617) 565-3266.

SUPPLEMENTARY INFORMATION:

I. 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 area of Hartford/New
Britain/Middletown (the ``Hartford area'') was designated as
nonattainment for Carbon Monoxide through this rulemaking notice. In a
letter dated March 14, 1991 from the Connecticut Department of
Environmental Protection to EPA Administrator, the State recommended
that the area be classified as Category 3 nonattainment. Because the
area had a design value of 9.7 ppm, the area was considered
``moderate'' nonattainment under the provisions outlined in sections
186 and 187 of the CAA. (See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762
(Nov. 30, 1992), codified at 40 CFR part 81, Sec. 81.307.). The CAA
established an attainment date of December 31, 1995, for all moderate
CO areas. The Hartford area has ambient monitoring data showing
attainment of the CO NAAQS, since 1988. Therefore, in an effort to
comply with the CAA and to ensure continued attainment of the NAAQS, on
September 30, 1994 the State of Connecticut submitted a CO
redesignation request and a maintenance plan for the Hartford area.
Connecticut submitted evidence that a public hearing was held on August
17, 1994.

II. 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.

The area must have attained the applicable NAAQS;
The area must have a fully approved SIP under section 110(k) of
CAA;
The air quality improvement must be permanent and enforceable;
The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA;
The area must meet all applicable requirements under section 110
and Part D of the CAA.

III. Review of State Submittal

On October 28, 1994, Region I determined that the information
received from the CT DEP constituted a complete redesignation request
under the general completeness criteria of 40 CFR part 51, appendix V,
Secs. 2.1 and 2.2.
The Connecticut redesignation request for the Hartford/New Britain/
Middletown 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.

Attainment of the CO NAAQS

Connecticut has quality-assured CO ambient air monitoring data
showing that the Hartford area has met the CO NAAQS. The Connecticut
request 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 qualityassured
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 1989 through calendar year 1993, relied upon by
Connecticut in its redesignation request, shows no violations of the CO
NAAQS in the Hartford area. The most recent ambient CO data shows no
exceedances in the calendar year 1994 and one exceedance

[[Page 55317]]
in calendar year 1995 (on January 13, 1995). Because the area has
complete quality assured data showing no more than one exceedance of
the standard per year over at least two consecutive years (1991 and
1992), the area has met the first statutory criterion of attainment of
the CO NAAQS (40 CFR 50.9 and appendix C). Connecticut has committed to
continue monitoring in this area in accordance with 40 CFR part 58.
Connecticut used EPA's ``Guideline for Modeling Carbon Monoxide
from Roadway Intersections'' to select six ``hot-spot'' intersections
for detailed analysis. Once the intersections were selected,
evaluations for CO levels for existing and future year conditions were
performed using the MOBILE5A emission model and the CAL3QHC (version
2.0) dispersion model. These modeling results show no violations for
1993 or future year (2005) of the NAAQS for CO.

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 CA required that CO
nonattainment areas achieve specific new requirements depending on the
severity of the nonattainment classification. Requirements for the
Hartford area include the preparation of a 1990 emission inventory with
periodic updates, adoption of an oxygenated fuels program, and
development of conformity procedures. Each of these requirements, added
by the 1990 Amendments to the CAA, are discussed in greater detail
below.
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, which does include requirements for
CO nonattainment areas. Because the Hartford 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 Hartford area.
A. Emission Inventory--Connecticut submitted its base year
inventory to EPA on January 13, 1994, which included estimates for CO
in the Hartford-New Britain-Middletown area and the New York-New
Jersey-Connecticut area, as required under section 187(a)(1) of the
CAA. EPA is approving the CO portion of the inventory for both area
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. Connecticut included the requisite inventory in the
CO SIP. The base year for the inventory was 1990, using a three month
CO season of November 1990 through January 1991. Stationary point
sources, stationary area sources, on-road mobile sources, and nonroad
mobile sources of CO were included in the inventory. Stationary sources
with emissions of greater than 100 tons per year were also included in
the inventory.
The following list presents a summary of the CO peak season daily
emissions estimates in tons per day by source category: Point Sources,
28.91 tons per day; Area Sources, 498.05 tons per day; Mobile On-Road
Sources, 1497.03 tons per day; Mobile Nonroad Sources, 221.36 tons per
day; Total Sources, 2245.35 tons per day. Available guidance for
preparing emission inventories is provided in the General Preamble (57
FR 13498, April 16, 1992).
Section 110(k) of the CAA sets out provisions governing the EPA's
review of base year emission inventory submittals in order to determine
approval or disapproval under section 187(a)(1). The EPA is granting
approval of the Connecticut 1990 base year CO emissions inventory
submitted on January 13, 1994, based on the 1993. At the time of
submission of the redesignation request for the Hartford area,
Connecticut submitted revisions to its oxygenated fuel regulation
specifying that the oxygenated fuel requirement in the Hartford CMSA
will not be implemented except as a contingency measure in the area's
maintenance plan. On August 1, 1995, Connecticut submitted another
revision to its oxygenated fuel regulations changing the CO control
period in the Connecticut portion of the New York/New Jersey/
Connecticut CMSA from seven to four months. As part of this action, EPA
is approving Connecticut's oxygenated fuel program except as it applies
to the Connecticut portion of the NJ-NY-CT CMSA (the Southwestern
Control Area). EPA will address the Southwestern Control Area
definition and that area's control period as part of a separate action.
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 in 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 Central Control and
Southwestern Control Areas. The regulation also contains the necessary
labeling regulations, enforcement procedures, and oxygenate test
methods. For a more detailed description of the manner in which
Connecticut's oxygenated fuels program meets the requirements of
Section 211(m) of the CAA, the reader is referred to the Technical
Support Document, which is available for review at the addresses
provided above.
Connecticut has chosen to convert its oxygenated fuels requirement
in the Hartford CMSA to a contingency measure in its maintenance plan
upon redesignation. Connecticut's oxygenated fuels regulation provides
that oxygenated gasoline is only required in the Hartford CMSA if a CO
violation is monitored in the area. Because Connecticut attained the CO
standard based on data before the oxygenated fuel program was
implemented in the Hartford CMSA, oxygenated gasoline was not necessary
to reach attainment. In its demonstration of maintenance, described
below, the State has shown that oxygenated gasoline in the Hartford
CMSA is not necessary for continued maintenance of the CO NAAQS.
Consequently, by this action, EPA is both approving Connecticut's
oxygenated fuels regulation and simultaneously approving its use as a
contingency measure for the Hartford area.
The State of Connecticut has adopted an Oxygenated Fuel Program
that covers

[[Page 55318]]
the Connecticut portion of the New Jersey-New York-Connecticut
Consolidated Metropolitan Statistical Area (CMSA) and the Hartford
CMSA. In this action, the EPA is approving the oxygenated fuel program,
Connecticut's Regulation 22a-174-28, only as it applies to the Hartford
CMSA. The control period for the program is from November 1 to the last
day of February for the Central Control Area (Hartford CMSA) if a
violation of the ambient air quality standard for carbon monoxide
occurs within the control area after November 1, 1993. EPA will address
the Southwestern Control Area separately.
C. Conformity--Under section 176(c) of the CAA, states were
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 final
transportation conformity regulations on November 24, 1993 (58 FR
62188) 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. 51.396 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
November 25, 1994. 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 yet submitted either of these conformity SIP revisions.
Although Connecticut has not yet adopted and EPA approved
conformity SIP revisions, EPA may approve this redesignation request.
EPA interprets the requirement of a fully approved SIP in section
107(d)(3)(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. Because Connecticut submitted its redesignation request on
October 20, 1994, prior to the due dates for conformity, it is not
necessary that the State have an approved conformity SIP prior to
redesignation. 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.

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. As discussed above, the State initially
attained the NAAQS in 1989 with monitored attainment through 1993. This
indicates that the improvements are due to the permanent and
enforceable measures contained in the 1982 CO SIP.
The State of Connecticut has demonstrated that actual enforceable
emission reductions are responsible for the air quality improvement and
that the CO emissions in the base year are not artificially low due to
local economic downturn. 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. In
this notice, EPA is approving the State of Connecticut's maintenance
plan for the Hartford/New Britain/Middletown area because EPA finds
that Connecticut's submittal meets the requirements of section 175A.
A. Attainment Emission Inventory
As previously noted, on January 13, 1994, the State of Connecticut
submitted a comprehensive inventory of CO emissions from the Hartford/
New Britain/Middletown 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. The State
submittal contains the detailed inventory data and summaries by county
and source category. The comprehensive base year emissions inventory
was submitted in the National Emission Data System format. Finally,
this inventory was prepared in accordance with EPA guidance. It also
contains summary tables of the 1990 base year and was projected to the
year 2005.

1990 CO Base Year Emissions Inventory Hartford NonAttainment Area (Ton per Day)

Year Area Nonroad Mobile Point Total
Hartford Nonattainment Area CO Emissions Inventory Summary (Tons per Day)
Year Area Nonroad Mobile Point Total
Connecticut--Carbon Monoxide
Designation Classification
Date \1\ Type Date \1\ Type
Hartford-New Britain-
Middletown Area:
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):
Cromwell Town, Durham
Town, E. Hampton Town,
Haddam Town,
Middlefield Town,
Middleton city,
Portland Town, E.
Haddam Town.
Andover Town, Boton
Town, Ellington Town,
Hebron Town, Somers
Town, Tolland Town, and
Vernon Town.
New Haven-Meriden-Waterbury
Area:
Shelton City.
Bethlehem Town,
Thomaston Town,
Watertown, Woodbury
Town.
Island Area, Fairfield
County (part).
All cities and townships
except Shelton city.
Bridgewater Town, New
Milford Town.
AQCR 041 Eastern Connecticut ........... Unclassifiable/
Intrastate. Attainment.
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/
Connecticut Intrastate. Attainment.
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.

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Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Connecticut

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