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[Federal Register Volume 65, Number 127 (Friday, June 30, 2000)]
[Proposed Rules]
[Pages 40560-40564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16629]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT-062-7221; A-1-FRL-6727-7]

Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Post-1996 Rate-of-Progress Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions submitted by the State of Connecticut. The revisions 
establish post-1996 rate-of-progress plans, including minor adjustments 
to the 1990 base year inventory, for the Greater Hartford serious ozone 
nonattainment area, and for the Connecticut portion of the New York, 
New Jersey, Connecticut (NY-NJ-CT) severe ozone nonattainment area. The 
intended effect of this action is to propose approval of these SIP 
revisions as meeting the requirements of the Clean Air Act.

DATES: Written comments must be received on or before July 31, 2000. 
Public comments on this document are requested and will be considered 
before taking final action on this SIP revision.

ADDRESSES: Comments may be mailed to David B. Conroy, Chief, Air 
Quality Planning Unit (mail code CAQ), U.S. Environmental Protection 
Agency, Region I, One Congress Street, Boston, MA 02114-2023. 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 at the Department 
of Environmental Protection, Bureau of Air Management, 79 Elm Street, 
Hartford, Connecticut.

FOR FURTHER INFORMATION CONTACT: Robert McConnell, (617) 918-1046.

SUPPLEMENTARY INFORMATION: This Supplementary Information section is 
organized as follows:

    A. What action is EPA taking today?
    B. Why was Connecticut required to reduce its emissions of ozone 
forming pollutants?
    C. Which specific air pollutants are targeted by Connecticut's 
plans?
    D. What are the sources of these pollutants?
    E. What harmful effects can these pollutants produce?
    F. Should I be concerned if I live near an industry that emits a 
significant amount of these pollutants?
    G. To what degree do Connecticut's plans reduce emissions?
    H. What changes were made to Connecticut's base year inventory?
    I. How will Connecticut achieve these emission reductions?
    J. Have these emission reductions improved air quality in 
Connecticut?
    K. Connecticut is downwind of many large metropolitan areas. Do 
pollutants emitted in other States affect air quality in 
Connecticut?
    L. EPA recently required 22 eastern states, including 
Connecticut, to develop plans that will significantly reduce 
nitrogen oxide emissions. Given that requirement, why is approval of 
these plans needed?
    M. Has Connecticut met its contingency measure obligation?
    N. Are conformity budgets contained in these plans?

A. What Action Is EPA Taking Today?

    EPA is proposing approval of post-1996 rate-of-progress (ROP) 
emission reduction plans, and minor revisions to the 1990 base year 
inventory, submitted by the State of Connecticut for the Greater 
Hartford serious ozone nonattainment area, and the Connecticut portion 
of the NY-NJ-CT severe ozone nonattainment area, which is a multi-state 
ozone nonattainment area, as revisions to Connecticut's SIP. 
Connecticut did not enter into an agreement with New York and New 
Jersey to do a multi-state ROP plan, and therefore submitted a plan to 
reduce emissions only in the Connecticut portion of this area. EPA is 
proposing action today only on the Connecticut portion of the NY-NJ-CT 
post-1996 plan.
    The post-1996 ROP plans document how Connecticut complied with the 
provisions of section 182(c)(2) of the Federal Clean Air Act (the Act). 
These sections of the Act require states containing certain ozone 
nonattainment areas develop strategies to reduce emissions of the 
pollutants that react to form ground level ozone.

B. Why Was Connecticut Required To Reduce Its Emissions of Ozone 
Forming Pollutants?

    Connecticut was required to develop plans to reduce ozone precursor 
emissions because it contains ozone nonattainment areas. A final rule 
published by EPA on November 6, 1991 (56 FR 56694) designated portions 
of

[[Page 40561]]

Fairfield and Litchfield counties, and all of Hartford, Middlesex, New 
Haven, New London, Tolland and Windham counties a serious ozone 
nonattainment area. This area is referred to as the Greater Hartford 
area. Additionally, the November 6, 1999 document designated portions 
of Fairfield and Litchfield counties a severe ozone nonattainment area. 
This area is referred to as the Connecticut portion of the NY-NJ-CT 
area, or as Connecticut's severe area.
    Section 182(c)(2) of the Act requires that serious, severe, and 
extreme ozone nonattainment areas develop ROP plans to reduce ozone 
forming pollutant emissions by 3 percent a year, averaged over each 
consecutive 3 year period beginning 6 years after the date of the 
enactment of the 1990 amendments to the Act, until the area reaches its 
attainment date. The first set of emission reductions are required to 
occur between November 1996 and November 1999, and are referred to as 
post-1996 ROP plan reductions.

C. Which Specific Air Pollutants Are Targeted by Connecticut's 
Plans?

    Connecticut's post-1996 plans are geared towards reducing emissions 
of volatile organic compounds (VOCs) and nitrogen oxides 
(NOX). These compounds react in the presence of heat and 
sunlight to form ozone, which is a primary ingredient of smog.

D. What Are the Sources of These Pollutants?

    VOCs are emitted from a variety of sources, including motor 
vehicles, a variety of consumer and commercial products such as paints 
and solvents, chemical plants, gasoline stations, and other industrial 
sources. NOX is emitted from motor vehicles, power plants, 
and other sources that burn fossil fuels.

E. What Harmful Effects Can These Pollutants Produce?

    VOCs and NOX react in the atmosphere to form ozone, the 
prime ingredient of smog in our cities and many rural areas of the 
country. Though ozone occurs naturally high in our atmosphere, at 
ground level it is the prime ingredient of smog. When inhaled, even at 
very low levels, ozone can:
    Cause acute respiratory problems;
    Aggravate asthma;
    Cause significant temporary decreases in lung capacity in some 
healthy adults;
    Cause inflammation of lung tissue;
    Lead to hospital admissions and emergency room visits; and
    Impair the body's immune system defenses.

F. Should I Be Concerned if I Live Near an Industry That Emits a 
Significant Amount of These Pollutants?

    Industrial facilities that emit large amounts of these pollutants 
are monitored by Connecticut's environmental agency, the Department of 
Environmental Protection (DEP). Many facilities are required to emit 
air pollutants through stacks to ensure that high concentrations of 
pollutants do not exist at ground level. Permits issued to these 
facilities include information on which pollutants are being released, 
how much may be released, and what steps the source's owner or operator 
is taking to reduce pollution. The Connecticut DEP makes permit 
applications and permits readily available to the public for review. 
You can contact the Connecticut DEP for more information about air 
pollution emitted by industrial facilities in your neighborhood.

G. To What Degree Do Connecticut's Plans Reduce Emissions?

    By 1999, Connecticut's plans will reduce VOC emissions by 26 
percent and NOx emissions by 19 percent compared to 1990 
emission levels. This reduction is attributable to the control strategy 
outlined in the State's post-1996 plans, and in Connecticut's 15 
percent ROP plans for the years 1990 to 1996. EPA approved the 15 
percent ROP plans on March 10, 1999 (64 FR 12015).
    Connecticut used the appropriate EPA guidance to calculate the 1999 
VOC and NOx emission target levels, and the amount of reductions needed 
to achieve its emission target levels. EPA notes that in addressing 
photochemically non-reactive VOC's, Connecticut should have removed 
acetone from its base year inventory in addition to perchloroethylene. 
Although removing acetone from the inventory makes a very small change 
to the overall base year calculation, acetone represents a substantial 
portion of the VOC emission factors Connecticut used to develop base 
year inventory estimates for the surface coating and graphic arts area 
source emission categories. Proper characterization of these source 
categories is particularly important because Connecticut claims 
emission reduction credit from federal rules that limit emissions from 
architectural industrial maintenance coatings, and automobile 
refinishing coatings.
    EPA has determined that if Connecticut had excluded acetone from 
its base year and projected, controlled emission estimates, the net 
impact would be 0.3 tons per summer day (tpsd) fewer emission reduction 
credits claimed for the severe area, and 0.9 tpsd fewer emission 
reduction credits claimed for the serious area. EPA is asking that 
Connecticut confirm in writing their agreement with this adjustment to 
the inventory, or submit to EPA new emission estimates that correctly 
remove acetone from the calculations. EPA believes that this adjustment 
in Connecticut's inventory constitutes a de minimis change. This 
adjustment changes Connecticut's 1999 target level by less than 0.5 
percent, and has no impact on the associated control strategy. 
Therefore, Connecticut is not required to put this inventory adjustment 
for acetone out to public hearing.
    Table 1 illustrates the steps used by Connecticut to derive its 
1999 emission target levels for VOC and NOX. The VOC 
emission values shown in parenthesis are EPA's calculation of what the 
proper emission values would be if acetone were removed from the area 
source categories mentioned above. The ROP plans submitted by 
Connecticut indicate that 1999 projected, controlled emissions are 
below the target levels for the Greater Hartford area and the 
Connecticut portion of the NY-NJ-CT nonattainment area. Although EPA's 
calculations indicate that proper adjustment of the base year inventory 
to exclude acetone results in VOC emissions that slightly exceed the 
required target level in each nonattainment area, there are substantial 
surplus NOX emission reductions well below the 
NOX target level that readily yield the emission reductions 
needed for Connecticut to meet its ROP targets in the aggregate.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                       NY-NJ-CT            NY-NJ-CT            Hartford            Hartford
           Description           -------------------------------------------------------------------------------
                                          VOC                 NOX                 VOC                 NOX
----------------------------------------------------------------------------------------------------------------
Step 1: 1990 Inventory..........  183.8.............  116.9.............  794.2.............  346.7

[[Page 40562]]

 
Step 2: Rate-of Progress          128.2 (126.1).....  116.9.............  408.1 (402.3).....  346.7
 Inventory (biogenics and non-
 reactives subtracted).
Step 3: non-creditable            8.2 (1.4 of which   10.0..............  24.2 (4.4 of which  32.4
 reductions \1\.                   occurs between                          occurs between
                                   1996-1999).                             1996-1999).
Step 4: Calculate required        6.26%, 7.5 (7.4)..  2.74%, 2.9........  3.76%, 14.4 (14.2)  5.24%, 16.5
 reduction (State will use both
 VOC and NOX rdxns. to meet post-
 1996 ROP, as shown).
Step 5: Calculate Total Expected  1.4+7.5=8.9 (8.8).  10.0+2.9=12.9.....  4.4+14.4=18.8       32.4+16.5=48.9
 Reductions (sum of non-                                                   (18.6).
 creditable and required 9%
 reduction.) \2\.
Step 6: Set Target Level for      92.9 (93.0).......  104.0.............  306.9 (307.1).....  297.9
 1999 \3\.
Step 7: Projected, Controlled     92.9 (93.3).......  86.5..............  306.9 (308.0).....  290.9
 Emissions for 1999.
----------------------------------------------------------------------------------------------------------------
\1\ States cannot take credit for reductions achieved by Federal Motor Vehicle Control Program (FMVCP) measures
  (new car emission standards) promulgated prior to 1990 or for reductions resulting from requirements to lower
  the Reid Vapor Pressure (RVP) of gasoline promulgated prior to 1990.
\2\ For VOC, only the FMVCP reductions that accrue between 1996 and 1999 are included in Step 5 because the
  increment that accrues between 1990 and 1996 is accounted for in development of the 1996 VOC emission target
  levels.
\3\ For NOX, target level = Step 2-Step 5. For VOC, target level=1996 targets (101.8 for NY-NJ-CT area, 325.7
  for Greater Hartford area) - Step 5.

    Connecticut projected its base year emissions to 1999 using growth 
factors from a variety of sources, including the U.S. Department of 
Commerce's Bureau of Economic Analysis, and Connecticut State offices 
of the Department of Labor, Office of Policy and Management, and 
Department of Transportation.

H. What Changes Were Made to Connecticut's Base Year Inventory?

    Connecticut made two changes to its base year emission estimates. 
The first change was a minor revision made to the State's on-road motor 
vehicle estimate. Connecticut recalculated base year emissions using 
the most current version of the mobile model (MOBILE 5b), and also 
changed the evaluation date to January 1, 1991 to maintain consistency 
with the evaluation date chosen for its on-road motor vehicle 
projection, which was January 1, 2000. The second change made was a 3.1 
tpsd decrease to the NOX base year emission estimate for a 
facility operated by Connecticut Light and Power, which is located in 
the Greater Hartford area, due to a re-evaluation of this facility's 
emissions. These changes are reflected in the 1990 inventory estimates 
shown in Table 1 above. EPA approved the Connecticut 1990 base year 
inventory on October 24, 1997 (62 FR 55336), and proposes to approve 
these de minimis revisions to Connecticut's inventory.

I. How Will Connecticut Achieve These Emission Reductions?

    Connecticut's post-1996 control strategy matches the control 
strategy described in the EPA's March 10, 1999 approval of the 
Connecticut 15 percent plans, and also includes additional emission 
reductions from regulations limiting NOX emissions from 
stationary point sources, VOC and NOX emission reductions 
from federal measures limiting emissions from non-road engines 
promulgated between 1996 and 1999, and VOC and NOX 
reductions from the on-road mobile sector attributable to the State's 
Low Emission Vehicle program. These additional control programs are 
further described below.

NOX RACT

    Connecticut has adopted a NOX RACT regulation, the 
citation for which is 22a-174-22 of the Regulations of Connecticut 
State Agencies. Facilities covered by the rule needed to comply by May 
of 1995. Connecticut submitted the rule to EPA on May 29, 1994, as a 
revision to the State's SIP, and amended the rule in 1997. EPA approved 
Connecticut's NOX RACT rule on October 6, 1997 (62 FR 
52016).

Ozone Transport Commission (OTC) Phase II NOX Requirements

    Connecticut adopted a Phase II OTC NOX budget rule on 
March 3, 1999. Facilities covered by the rule needed to comply by the 
1999 ozone season. Connecticut submitted this rule to EPA on July 27, 
1999, as a revision to the State's SIP. EPA approved the state's 
submittal in a direct final action published in the Federal Register on 
September 28, 1999 (64 FR 52233).
    Connecticut applied a rule effectiveness value of 80% in 
determining emission reductions from the two NOX point 
source controlmeasures listed above. The state determined that by 1999, 
these two rules will achieve 35.4 tpsd in emission reductions 
statewide.

Federal Non-Road Standards

    In the June 17, 1994 Federal Register (59 FR 31306), EPA 
established a regulation setting final emission standards for new heavy 
duty compression ignition (diesel) engines. These rules adopt 
NOX and smoke standards for large (>50 HP) non-road diesel 
engines. Additionally, in the July 3, 1995 Federal Register (60 FR 
34581), EPA promulgated the first phase of the regulations to control 
emissions from new non-road spark-ignition engines. The regulation is 
found at 40 CFR part 90, and is titled, ``Control of Emissions From 
Non-road Spark-Ignition Engines.'' Connecticut correctly applied 
guidance contained in a November 28, 1994 EPA memorandum pertaining to 
the federal non-road engine control program to determine the VOC and 
NOX emission reductions that will occur in the State.
    The sale of reformulated gasoline in Connecticut also reduces non-
road emissions in the State. The combined effect of reformulated 
gasoline and the new non-road standards will lower VOC emissions by 3.7 
tpsd in the severe area, and 13.9 tpsd in the serious area. 
NOX emissions will be lower by 0.9 tpsd in the severe area, 
and by 5.4 tpsd in the serious area.

[[Page 40563]]

Connecticut National Low Emission Vehicle Program

    Connecticut submitted a National Low Emission Vehicle (NLEV) 
program to EPA on February 7, 1996, and February 18, 1999. The NLEV 
program allows auto manufacturers to commit to meet tailpipe standards 
for cars and light-duty trucks that are more stringent than EPA can 
mandate. EPA approved the State's NLEV program on March 9, 2000 (65 FR 
12476).
    The Connecticut ROP plans demonstrate that the VOC and 
NOX emission reductions from the control strategy will 
achieve sufficient emission reductions to lower 1999 emission levels 
below the target levels calculated for each pollutant.

J. Have These Emission Reductions Improved Air Quality in 
Connecticut?

    Ozone levels have decreased in Connecticut during the 1990's, due 
in part to emission reductions achieved by the State's plans. Pollution 
control measures implemented by States upwind of Connecticut have also 
helped ozone levels decline in the State.

K. Connecticut Is Downwind of Many Large Metropolitan Areas. Do 
Pollutants Emitted in Other States Affect Air Quality in 
Connecticut?

    The pollutants that form ground level ozone can be transported 
hundreds of miles, and so pollutants emitted in other States can 
adversely impact air quality in Connecticut. Air pollution emitted from 
sources in Connecticut contribute to the State's air quality problems, 
and can also negatively impact air quality in areas downwind of 
Connecticut. Air quality modeling performed by the New England States 
and by the Ozone Transport Assessment Group (OTAG) indicates that ozone 
levels in Connecticut are highest when winds are from the south-west, 
which supports the conclusion that air quality in Connecticut is 
negatively impacted by the large metropolitan areas downwind of the 
state.

L. EPA Recently Required 22 Eastern States, Including Connecticut, 
To Develop Plans That Will Significantly Reduce Nitrogen Oxide 
Emissions. Given That Requirement, Why Is Approval of These Plans 
Needed?

    The rate-of-progress plans prepared by Connecticut and other states 
with ozone nonattainment areas have helped lower ozone levels. Approval 
of these plans by EPA, and the pollution control measures associated 
with them, is required by the CAA and will ensure that improvements 
made in air quality are maintained. Additionally, approval of the 
regulations associated with them make the rules enforceable by EPA.
    Despite the emission reductions achieved through implementation of 
rate-of-progress plans, many areas of the country still do not meet the 
one hour ozone standard. The modeling done by the OTAG for the eastern 
half of the United States indicates that the long distance transport of 
nitrogen oxides across state borders will prevent many areas from 
attaining this standard by relying solely on emission reductions from 
within their borders. The NOX SIP call, which was published 
as a final rule on October 27, 1998 (63 FR 57356), required large 
NOX emission reductions across the eastern half of the 
United States. On May 26, 1999, the U.S. Court of Appeals for the 
District of Columbia ordered that the EPA suspend implementation of the 
NOX SIP call pending consideration of a lawsuit that has 
challenged its requirements. However, on December 17, 1999, EPA granted 
petitions filed by four northeastern states seeking to reduce ozone 
pollution through reductions in nitrogen oxide emissions from other 
states. As a result of that action, 392 facilities in 12 states will 
have to significantly curtail their NOX emissions. 
Additionally, on March 3, 2000, the Federal Court of Appeals for the 
D.C. Circuit issued a ruling generally supportive of EPA's original 
NOX SIP call.
    As previously mentioned, these ROP plans are required by the CAA. 
Combined with the NOX emission reductions EPA plans to 
achieve in up-wind states, these ROP plans should assure progress 
toward attaining the one hour ozone standard in Connecticut.

M. Has Connecticut Met Its Contingency Measure Obligation?

    Ozone nonattainment areas classified as serious or above must 
submit to the EPA, pursuant to sections 172(c)(9) and 182(c)(9) of the 
Act, contingency measures to be implemented if an area misses an ozone 
SIP milestone or does not attain the national ambient air quality 
standard by the applicable date.
    Table 1 indicates that Connecticut's post-1996 ROP plans achieve 
surplus NOX emission reductions. Surplus amounts are 
calculated by subtracting the NOX target levels in step 6 
from the NOX projected, controlled emission levels in step 
7. The 17.5 tpsd surplus reductions achieved in the State's portion of 
the NY-NJ-CT area covers the 3.2 tpsd reduction needed to meet 
contingency requirements for this area, but the 7 tpsd surplus 
reductions for the Greater Hartford area do not cover the 9 tpsd 
contingency obligation for that area.
    Connecticut's contingency plan proposes that 2 tons of excess 
NOX emission reductions achieved in the severe area be 
applied in the serious area to complete that area's contingency 
obligation. EPA believes this is an appropriate substitution, as the 
serious area is immediately downwind of the severe area. Additionally, 
guidance issued by EPA titled, ``Guidance for Implementing the 1-Hour 
Ozone and Pre-existing PM10 National Ambient Air Quality Standards' 
includes a policy recommendation that substitution of emission 
reduction credits from outside of the nonattainment area for ROP 
purposes be allowed if certain criteria are met. Connecticut's proposed 
emission reduction substitution meets the criteria outlined in that 
guidance.
    EPA notes that the minor amount of emission reduction credit over-
estimation made by Connecticut due to the failure to remove acetone 
from the base year inventory creates minor VOC shortfalls of 0.3 tpsd 
in the severe area and 0.9 tpsd in the serious area. However, the large 
NOX surplus that exists in each area readily compensates for 
this.

N. Are Conformity Budgets Contained in These Plans?

    Section 176(c) of the Act, and 40 CFR 51.452(b) of the Federal 
transportation conformity rule require states to establish motor 
vehicle emissions budgets in any control strategy SIP that is submitted 
for attainment and maintenance of the NAAQS. Connecticut will use such 
budgets to determine whether proposed projects that attract traffic 
will ``conform'' to the emissions assumptions in the SIP.
    The December 31, 1997 post-1996 rate of progress plan contained 
1999 budgets for nitrogen oxides (NOX) and volatile organic 
compounds (VOCs) for each nonattainment area. Table 2 contains the 1999 
NOX and VOC transportation conformity budgets in tons per 
summer day:

            Table 2.--1999 Budgets in the Post-1996 ROP Plans
------------------------------------------------------------------------
                                                       VOC        NOX
                Nonattainment area                    (tpsd)     (tpsd)
------------------------------------------------------------------------
Severe area.......................................       20.5       39.4
Serious area......................................       61.6      125.3
------------------------------------------------------------------------

    On February 10, 1999, Connecticut submitted 2007 budgets for 
NOX and VOCs to EPA as a required component of the 
attainment demonstrations for the one-hour ozone standard for each

[[Page 40564]]

nonattainment area. Due to technical flaws EPA published a document in 
the Federal Register announcing these budgets inadequate on December 
16, 1999 (64 FR 70332 and 64 FR 70348).
    However, on February 15, 2000, EPA received the document entitled 
``Addenda to the Ozone Attainment Demonstrations for the Southwest 
Connecticut Severe Ozone Nonattainment Area and Greater Connecticut 
Serious Ozone Nonattainment area.'' This document included the revised 
transportation conformity budgets for 2007 shown below in Table 3:

                         Table 3.--2007 Budgets
------------------------------------------------------------------------
                                                       VOC        NOX
                Nonattainment area                    (tpsd)     (tpsd)
------------------------------------------------------------------------
Severe area.......................................        9.7       23.7
Serious area......................................       30.0       79.6
------------------------------------------------------------------------

    Since these budgets are more restrictive, cover a time frame longer 
than the post-1996 ROP plans, and are based on the attainment plan, the 
2007 budgets take precedence over the 1999 budgets. Furthermore, EPA 
New England published a document in the Federal Register announcing 
that these budgets are adequate for use in transportation conformity 
determinations on June 16, 2000 (65 FR 37778). Therefore, the 2007 
budgets supersede the 1999 budgets. As a result, all new and revised 
State Transportation Improvement Programs that require a conformity 
determination must conform to these 2007 budgets, not the 1999 budgets 
contained in the post-1996 rate of progress plan.
    EPA's review of this material indicates that Connecticut has met 
the ROP requirements of the Act, and therefore EPA is proposing to 
approve the Connecticut post-1996 ROP plans that were submitted as 
revisions to the State's SIP on December 31, 1997 and January 7, 1998. 
EPA also proposes approval of minor revisions to the State's 1990 base 
year inventory. EPA is soliciting public comments on the issues 
discussed in this document or on other relevant matters. These comments 
will be considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this document.

II. Proposed Action

    EPA is proposing to approve the rate-of-progress SIP revision and 
minor revisions to the 1990 base year inventory submitted by 
Connecticut on December 31, 1997 and January 7, 1998 as a revision to 
the SIP.
    EPA is soliciting public comments on the issues discussed in this 
proposal or on other relevant matters. These comments will be 
considered before EPA takes final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this action.
    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

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 40 CFR Part 52

    Air pollution control, Hydrocarbons, Intergovernmental relations, 
Nitrogen dioxide, Ozone Environmental protection.

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

    Dated: June 20, 2000.
Mindy S. Lubber,
Regional Administrator, EPA, New England.
[FR Doc. 00-16629 Filed 6-29-00; 8:45 am]
BILLING CODE 6560-50-P
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