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, 58467-58470 [2013-23098]
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Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations
EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
State effective
date
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[FR Doc. 2013–23095 Filed 9–23–13; 8:45 am]
BILLING CODE 6560–50–P
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 YorkNew Jersey-Connecticut
Nonattainment Area to Attainment of
the 1997 Annual and 2006 24-Hour
Standards for Fine Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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 24hour PM2.5 NAAQS. As part of these
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SUMMARY:
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Handling, Storage, and Disposal of
Volatile Organic Compounds
(VOCs).
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Control of Volatile Organic Compound Emissions
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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.
This rule is effective on October
24, 2013.
DATES:
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
ADDRESSES:
PO 00000
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category.
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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.
INFORMATION CONTACT
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
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Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations
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 SIPapproved 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 SIPapproved 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.
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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
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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 SIPapproved 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
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• 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.
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Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations
Dated: September 11, 2013.
Stephen S. Perkins,
Acting Regional Administrator, EPA New
England.
(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
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.379 is amended by
adding paragraph (h) to read as follows:
■
§ 52.379
Control strategy: PM2.5.
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(h) Approval—EPA is approving a
request to redesignate the Connecticut
portion of the New York-N. New JerseyLong Island, NY-NJ-CT fine particle
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
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
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:
■
§ 81.307
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Connecticut.
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CONNECTICUT—PM2.5
[Annual NAAQS]
Designation a
Designated area
Date 1
New York-N. New Jersey-Long Island, NY-NJ-CT:
Fairfield County ..................................................................................................................................................
New Haven County ............................................................................................................................................
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10–24–13
10–24–13
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Attainment.
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1 This
Indian Country located in each county or area, except as otherwise specified.
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
New York-N. New Jersey-Long Island, NY-NJ-CT:
Fairfield County ........................
New Haven County ..................
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Unclassifiable/Attainment ...............
Unclassifiable/Attainment ...............
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10–24–13
10–24–13
Attainment.
Attainment.
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1 This
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2 This
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
date is 30 days after November 13, 2009, unless otherwise noted.
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Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations
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[FR Doc. 2013–23098 Filed 9–23–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 13–182; RM–11701; DA 13–
1882]
Television Broadcasting Services;
Cedar Rapids, Iowa
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Commission grants a
petition for rulemaking filed by KGAN
Licensee, LLC (‘‘KGAN Licensee’’), the
licensee of KGAN (TV), channel 51,
Cedar Rapids, Iowa. KGAN Licensee
requests the substitution of channel 29
for channel 51 at Cedar Rapids,
explaining that the channel substitution
will serve the public interest by
removing any potential interference
with a wireless licensee in the Lower
700 MHz A Block located adjacent to
channel 51 at Cedar Rapids. The
substitution of channel 29 for channel
51 at Cedar Rapids, Iowa is found to
serve the public interest.
DATES: This rule is effective October 24,
2013.
FOR FURTHER INFORMATION CONTACT:
Joyce L. Bernstein, Joyce.Bernstein@
fcc.gov, Media Bureau, (202) 418–1647.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 13–182,
adopted September 11, 2013, and
released September 12, 2013. The full
text of this document is available for
public inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 12th Street SW.,
Washington, DC 20554. This document
will also be available via ECFS (https://
fjallfoss.fcc.gov/ecfs/). This document
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–478–3160 or via the company’s
Web site, https://www.bcpiweb.com. To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (tty).
This document does not contain
information collection requirements
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
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subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
information collection burden ‘‘for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336,
and 339.
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Iowa is amended by removing
channel 51 and adding channel 29 at
Cedar Rapids.
■
[FR Doc. 2013–23253 Filed 9–23–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 325, 350, 355, 365, 369,
370, 372, 375, 376, 380, 381, 382, 383,
384, 385, 386, 387, 389, 390, 391, 393,
395, 396, and 397, and Appendix G to
Subchapter B of Chapter III
[Docket No. FMCSA–2013–0292]
RIN 2126–AB64
General Technical, Organizational, and
Conforming Amendments to the
Federal Motor Carrier Safety
Regulations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
PO 00000
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ACTION:
Final rule.
This final rule makes
technical corrections throughout
FMCSA’s regulations. The Agency is
making minor editorial changes to
correct errors and omissions, ensure
conformity with Office of the Federal
Register style, and improve clarity. This
rule does not make any substantive
changes to the affected parts of the
Federal Motor Carrier Safety
Regulations (FMCSRs).
DATES: This final rule is effective
September 24, 2013.
FOR FURTHER INFORMATION CONTACT: Ms.
Elaine Walls, Federal Motor Carrier
Safety Administration, Office of the
Chief Counsel, Regulatory Affairs
Division, 1200 New Jersey Avenue SE.,
Washington, DC 20590–0001, by
telephone at (202) 366–1394 or via
email at elaine.walls@dot.gov. Office
hours are from 9 a.m. to 5 p.m. e.t.,
Monday through Friday, except Federal
holidays.
If you have questions on viewing the
docket, please call Ms. Barbara Hairston,
Docket Operations, telephone 202–366–
3024.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Legal Basis for the Rulemaking
Congress delegated certain powers to
regulate interstate commerce to the
United States Department of
Transportation (DOT or Department) in
numerous pieces of legislation, most
notably in section 6 of the Department
of Transportation Act (DOT Act) (Pub.
L. 85–670, 80 Stat. 931 (1966)). Section
55 of the DOT Act transferred to the
Department the authority of the former
Interstate Commerce Commission (ICC)
to regulate the qualifications and
maximum hours of service of
employees, the safety of operations, and
the equipment of motor carriers in
interstate commerce. See 49 U.S.C. 104.
This authority, first granted to the ICC
in the Motor Carrier Act of 1935 (Pub.
L. 74–255, 49 Stat. 543, Aug. 9, 1935),
now appears in chapter 315 of title 49
of the U.S. Code. The regulations issued
under this authority became known as
the Federal Motor Carrier Safety
Regulations, appearing generally at 49
CFR parts 350–399. The administrative
powers to enforce chapter 315 were also
transferred from the ICC to the DOT in
1966 and appear in chapter 5 of title 49
of the U.S. Code. The Secretary of the
U.S. Department of Transportation
(Secretary) delegated oversight of these
provisions to the Federal Highway
Administration (FHWA), a predecessor
agency of the FMCSA. The FMCSA
Administrator has been delegated
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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]]
* * * * *
[FR Doc. 2013-23098 Filed 9-23-13; 8:45 am]
BILLING CODE 6560-50-P
