[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Rules and Regulations]
[Pages 14327-14332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7688]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CT27-1-7200a; A-1-FRL-5667-4]


Clean Air Act Approval and Promulgation of State Implementation 
Plans; Connecticut: PM10 Prevention of Significant Deterioration 
Increments; and Approval of a Second 1-Year Extension of PM10 
Attainment Date for New Haven

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is fully approving a State Implementation Plan (SIP) 
revision submitted by the State of Connecticut, which replaces the 
total suspended particulate (TSP) prevention of significant (PSD) 
increments with increments for PM10 (particulate matter with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers). 
EPA is also fully approving Connecticut's request for a second 1-year 
extension of the attainment date for the New Haven PM10 nonattainment 
area, based on monitored air quality data for the national ambient air 
quality standard for PM10 during the years 1993-95. These actions are 
being taken under the Clean Air Act.

DATES: This action is effective on May 27, 1997, unless adverse or 
critical comments are received by April 25, 1997. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection, EPA-Region 1, JFK Federal Building 
(CAA), Boston, MA 02203. Copies of the documents relevant to this 
action are available for public inspection by appointment during normal 
business hours at the following locations: Office of Ecosystem

[[Page 14328]]

Protection, EPA-Region 1, One Congress Street, 11th Floor, Boston, MA 
02203; Bureau of Air Management, Department of Environmental 
Protection, State Office Building, 79 Elm Street, Hartford, CT 06106; 
and Air and Radiation Docket and Information Center, 401 M Street, SW, 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Jeff Butensky at (617) 565-3583 or 
<a href="/cdn-cgi/l/email-protection#b6d4c3c2d3d8c5ddcf98dcd3d0d0f6d3c6d7dbd7dfda98d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="f4968180919a879f8dda9e919292b491849599959d98da918495da939b82">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

PM10 PSD Increments

    Section 107(d) of the 1977 Amendments to the Clean Air Act 
authorized each State to submit to the Administrator a list identifying 
those areas which (1) do not meet a national ambient air quality 
standard (NAAQS) (nonattainment areas), (2) cannot be classified on the 
basis of available ambient data (unclassifiable areas), and (3) have 
ambient air quality levels better than the NAAQS (attainment areas). In 
1978, the EPA published the original list of all area designations 
pursuant to section 107(d)(2) (commonly referred to as ``Section 107 
areas''), including those designations for total suspended particulates 
(TSP), in 40 CFR Part 81.
    One of the purposes stated in the Act for the Section 107 areas is 
for implementation of the statutory requirements for PSD. The PSD 
provisions of Part C of the Act generally apply in all Section 107 
areas that are designated attainment or unclassifiable [40 CFR 
52.21(i)(3)]. Under the PSD program, the air quality in an attainment 
or unclassifiable area is not allowed to deteriorate beyond prescribed 
maximum allowable increases in pollutant concentrations (i.e., 
increments).
    EPA revised the primary and secondary NAAQS for particulate matter 
on July 1, 1987 (52 FR 24634), eliminating TSP as the indicator for the 
NAAQS and replacing it with the PM10 indicator. However, EPA did not 
delete the Section 107 areas for TSP listed in 40 CFR Part 81 at that 
time because there were no increments for PM10 promulgated at that 
time.<SUP>1 States were required to continue implementing the TSP 
increments in order to prevent significant deterioration of particulate 
matter air quality until the PM10 increments replaced the TSP 
increments.
---------------------------------------------------------------------------

    \1\ The EPA did not promulgate new PM10 increments 
simultaneously with the promulgation of the PM10 NAAQS. Under 
Sec. 166(b) of the Act, EPA is authorized to promulgate new 
increments ``not more than 2 years after the date of promulgation of 
* * * standards.'' Consequently, EPA temporarily retained the TSP 
increments, as well as the Section 107 areas for TSP.
---------------------------------------------------------------------------

    EPA promulgated PSD increments for PM10 on June 3, 1993. (See 58 FR 
31622-31638.) EPA promulgated revisions to the Federal PSD permitting 
regulations in 40 CFR 52.21, as well as the PSD permitting requirements 
that State programs must meet in order to be approved into the SIP in 
40 CFR 51.166. EPA or States with delegated State programs were 
required to begin implementation of the increments by June 3, 1994. The 
implementation date for States with SIP-approved PSD permitting 
programs (including Connecticut) would be the date on which EPA 
approves each revised State PSD program containing the PM10 increments. 
In accordance with 40 CFR 51.166(a)(6)(i), each State with SIP-approved 
PSD programs was required to adopt the PM10 increment requirements 
within nine months of the effective date (or by March 3, 1995).
    The PM10 PSD increments were set at the following levels: 4 
<greek-m>g/m<SUP>3 (annual arithmetic mean) and 24 <greek-m>g/m<SUP>3 
(24-hour maximum) for Class I areas, 17 <greek-m>g/m<SUP>3 (annual 
arithmetic mean) and 30 <greek-m>g/m<SUP>3 (24-hour maximum) for Class 
II areas, and 34 <greek-m>g/m<SUP>3 (annual arithmetic mean) and 60 
<greek-m>g/m<SUP>3 (24-hour maximum) for Class III areas. There are no 
Class I or III areas in Connecticut.
    The implementation of the PM10 increments will utilize the existing 
baseline dates and areas for particulate matter. As such, particulate 
matter increments, measured as PM10, already consumed since the 
original baseline dates established for TSP will continue to be 
accounted for, but all future calculations of the amount of increments 
consumed will be based on PM10 emissions beginning on the 
implementation date of the PM10 increments (that is, today, the date of 
EPA approval for Connecticut). For further information regarding the 
PM10 increments, see the June 3, 1993 Federal Register.
    The requirements in 40 CFR 51.166 regarding prevention of 
significant deterioration consist of three elements. First, the State 
must conduct an increment consumption analysis for new major sources 
and modifications. Second, the State must review the potential 
increment consumption from minor point, area, and mobile source. 
Finally, the State must commit to a State implementation plan revision 
upon identification of any increment violation. As discussed below, 
these requirements have been fulfilled by the State of Connecticut.

Clean Air Act Nonattainment Requirements: EPA Actions Concerning 
Designation and Classification

    On the date of enactment of the Clean Air Act Amendments of 1990 
(`the Act'), PM10 areas meeting the qualifications of Sec. 107(d)(4)(B) 
of the Act were designated nonattainment by operation of law. [See 
generally, 42 U.S.C. Sec. 7407(d)(4)(B).] These areas included all 
former Group I areas and any other areas violating the PM10 standards 
prior to January 1, 1989. On October 31, 1990 (55 FR 45799), EPA 
redefined a Group I area for Connecticut as the City of New Haven; the 
remainder of the state was designated as Group III. Subsequently, after 
enactment of the Act on November 15, 1990, New Haven was designated 
moderate nonattainment for PM10 in 56 FR 11101 (March 15, 1991). All 
other areas not designated nonattainment at enactment were designated 
unclassifiable.
    States containing areas which were designated as moderate 
nonattainment by operation of law under Sec. 107(d)(4)(B) were required 
to develop and submit SIPs to provide for the attainment of the PM10 
NAAQS. Under section 189(a)(2), those SIP revisions were to be 
submitted within 1 year of enactment of the Act (November 15, 1991). 
The SIP revisions were to provide for implementation of reasonable 
available control measures/technology (RACM/RACT) by December 10, 1993 
and attainment of the PM10 NAAQS by December 31, 1994.

Reclassification as Serious Nonattainment

    EPA has the responsibility, under sections 179(c) and 188(b)(2) of 
the Act, of determining within 6 months after December 31, 1994 whether 
initial moderate PM10 nonattainment areas have attained the NAAQS. 
Section 179(c)(1) of the Act provides that these determinations are to 
be based upon an area's ``air quality as of the attainment date,'' and 
section 188(b)(2) is consistent with this requirement. EPA will make 
the determinations of whether an area's air quality is meeting the PM10 
NAAQS based upon air quality data gathered at monitoring sites in the 
nonattainment area and entered into the Aerometric Information 
Retrieval System (AIRS). This data will be reviewed to determine the 
area's air quality status in accordance with EPA guidance at 40 CFR 
Part 50, Appendix K.
    According to Appendix K, attainment of the annual PM10 standard is 
achieved when the annual arithmetic mean PM10 concentration is equal to 
or less than 50 <greek-m>g/m<SUP>3. Attainment of the

[[Page 14329]]

24-hour standard is determined by calculating the expected number of 
exceedences of the 150 <greek-m>g/m<SUP>3 limit per year. The 24-hour 
standard is attained when the expected number of exceedences is 1.0 or 
less. A total of 3 consecutive years of clean air quality data is 
generally necessary to show attainment of the 24-hour and annual 
standards for PM10. A complete year of air quality data, as referred to 
in 40 CFR Part 50, Appendix K, is comprised of all 4 calendar quarters 
with each quarter containing data from at least 75 percent of the 
scheduled sampling days.
    Under Sec. 188(b)(2) a moderate area shall be reclassified as 
serious by operation of law after the statutory attainment date if the 
Administrator determines that the area has failed to attain the NAAQS. 
Under section 188(b)(2)(B) of the Act, the EPA must publish a notice in 
the Federal Register identifying those areas which failed to attain the 
standard and must be reclassified as serious by operation of law.

Application for a 1-year Extension of the Attainment Date

    If the State does not have the necessary number of consecutive 
clean years of data to show attainment of the NAAQS, a State may apply 
for an extension of the attainment date. Pursuant to Sec. 188(d) of the 
Act, a State may apply for and EPA may grant a 1-year extension of the 
attainment date if the State has: (1) Complied with the requirements 
and commitments pertaining to the applicable implementation plan for 
the area, and (2) the area has measured no more than 1 exceedence of 
the 24-hour PM10 standard in the year preceding the extension year, and 
the annual mean concentration of PM10 in the area for such year is less 
than or equal to the standard. In addition, as discussed below, the EPA 
will consider the state's PM planning progress for the area. If the 
State does not have the requisite number of years of clean air quality 
data to show attainment and does not apply or does not qualify for an 
attainment date extension, the area will be reclassified as serious by 
operation of law. Connecticut applied for and was granted a 1-year 
extension of the attainment date for New Haven, effective November 11, 
1995. (See 60 FR 47097, September 11, 1995.)
    If an extension is granted, at the end of the extension year, EPA 
will again determine whether the area has attained the PM10 NAAQS. If 
the State still does not have 3 consecutive years of clean air quality 
data, it may apply for a second 1-year extension of the attainment 
date. In order to qualify for the second 1-year extension of the 
attainment date, the State must satisfy the same requirements listed 
above for the first extension. In addition, EPA will consider the 
State's PM10 planning progress for the area in a manner similar to its 
evaluation of the first extension request. However, EPA may grant no 
more than two 1-year extensions of the attainment date to a single 
nonattainment area. [See Section 188(d) of the Act.]
    Section 188(d) of the Act provides that the Administrator ``may'' 
extend the attainment date for areas that meet the minimum requirements 
specified above. The provision does not dictate or compel that EPA 
grant extensions to such areas. In exercising this discretionary 
authority for PM10 nonattainment areas, EPA will examine the air 
quality planning progress made in the moderate area. EPA will be 
disinclined to grant an attainment date extension unless a State has, 
in substantial part, addressed its moderate PM10 planning obligations 
for the area. In order to determine whether the State has substantially 
met these planning requirements the EPA will review the States 
application for the attainment date extension to determine whether the 
State has: (1) Adopted and substantially implemented control measures 
submitted to address the requirement for implementing RACM/RACT in the 
moderate nonattainment area; and (2) that reasonable further progress 
is being met for the area. RFP for PM10 nonattainment areas is 
determined to be linear emissions reductions made on an annual basis 
which will provide progress toward the eventual attainment of the NAAQS 
in the area.

Summary of Connecticut's PM10 PSD Increment SIP Revision

    In this section, EPA is acting on revisions to the PSD permitting 
program for the State of Connecticut. Specifically, Connecticut DEP is 
amending Subsection 22a-174-3(k) to replace the TSP increments with the 
federal increments for PM10. All other regulations and requirements 
necessary for full implementation of the PSD program for PM10 are 
already in place.
    In accordance with the requirements in 40 CFR 51.66, Connecticut 
DEP is also committing to implementation of the following program 
elements for the protection of the particulate matter increments: 
increment consumption analyses for new major sources and major 
modifications; reviews of potential increment consumption from minor 
point, area, and mobile sources; and a SIP revision upon identification 
of an increment violation. The major source baseline date (January 6, 
1975) and the minor source baseline date (established in Connecticut on 
June 7, 1988), both for particulate matter measured as TSP, will remain 
the same for PM10. All of Connecticut, except the City of New Haven, is 
currently considered a Class II attainment area. New Haven is currently 
classified as nonattainment for PM10. The PSD program for particulate 
matter does not apply to the City of New Haven until that area is 
reclassified to attainment. Meanwhile, new major sources or major 
modifications proposing to locate in the City of New Haven will be 
required to comply with the nonattainment provisions of Subsection 22a-
174-3(l) of the Regulations of Connecticut State Agencies.

Procedural Background Regarding the PM10 PSD Increment SIP Revision

    The Act requires States to observe certain procedural requirements 
in developing implementation plans and plan revisions for submission to 
EPA. Section 110(a)(2) of the Act provides that each implementation 
plan submitted by a State must be adopted after reasonable notice and 
public hearing. Section 110(l) of the Act similarly provides that each 
revision to an implementation plan submitted by a State under the Act 
must be adopted by such State after reasonable notice and public 
hearing.
    EPA also must determine whether a submittal is complete and 
therefore warrants further EPA review and action. [See Section 
110(k)(1) and 57 13565, April 16, 1992.] The EPA's completeness 
criteria for SIP submittals are set out at 40 CFR Part 51, Appendix V. 
The EPA attempts to make completeness determinations within 60 days of 
receiving a submission. However, a submittal is deemed complete by 
operation of law under Section 110(k)(a)(B) if a completeness 
determination is not made by EPA within six months after receipt of the 
submission.
    The State of Connecticut held a public hearing on August 23, 1994 
to entertain public comment on the PSD SIP revision. On January 13, 
1995, the Commissioner of the Connecticut Department of Environmental 
Protection (the Governor's designee) submitted revisions to Subsection 
22a-174-3(k) of the Regulations of Connecticut Agencies to incorporate 
the federal PM10 PSD increments into the SIP and insure that all 
elements for the federal PSD program for particulate matter are 
adopted.
    EPA reviewed to Connecticut DEP's SIP revision to determine 
completeness

[[Page 14330]]

shortly after their submittal, in accordance with the completeness 
criteria referenced above. In a letter dated March 28, 1995, EPA-Region 
1 informed the Connecticut Governor's designee that the submittal was 
determined complete and explained how the review and approval process 
would proceed.

Summary of Connecticut's Extension Request

    On March 22, 1996, the Connecticut Department of Environmental 
Protection (Connecticut DEP) submitted a request for second 1-year 
extension of the attainment date for the New Haven initial moderate 
PM10 nonattainment area.
    EPA's Air Quality Strategies and Standards Division (AQSSD) has 
prepared a guidance titled ``Criteria for Granting 1-Year Nonattainment 
Area Attainment Dates, Making Attainment Determinations, and Reporting 
on Quantitative Milestones'' (November 14, 1994 memorandum from AQSSD 
Director Sally Shaver) which outlines how to assess the adequacy of 
requests for a 1-year extension of the attainment date. The rationale 
for EPA's approval action are detailed in the Technical Support 
Document (TSD), dated May 10, 1996. In summary, Connecticut has 
fulfilled the specific elements of the Clean Air Act and that guidance 
as follows:
    Upon application by any state, EPA may extend for one additional 
year if the State fulfilled two requirements under section 188 (d) of 
the Clean Air Act. First, a state must have complied with all 
requirements and commitments pertaining to the area in the applicable 
implementation plan. Secondly, no more than one exceedance of the 24 
hour standard can occur in the area in the year proceeding the 
extension year, and the annual mean concentration of PM10 in the area 
for such year must be less than or equal to the standard level. 
Connecticut has fulfilled these two basic requirements.
    Connecticut is implementing the EPA-approved PM<INF>10 SIP. 
Connecticut's PM<INF>10 attainment plan and contingency measures were 
approved by EPA on September 11, 1995 (60 FR 47076). Connecticut's 
PM<INF>10 attainment plan demonstrated that the implementation of RACM 
was sufficient to attain and maintain the PM<INF>10 NAAQS. Furthermore, 
Connecticut has demonstrated that RACT/RACM, embodied in 7 consent 
orders, have been adopted and submitted in the form of a SIP revision 
and are being implemented for New Haven. New Haven has monitored no 
more than 1 exceedence during 1995, the year preceding the extension 
year.<SUP>2 Connecticut's extension request states that indeed the area 
recorded no exceedences of the PM10 NAAQS in 1995, and is complying 
with the applicable state implementation plan. Furthermore, real 
emissions reductions have been achieved.<SUP>3
---------------------------------------------------------------------------

    \2\ Section 189(c) requires that Part D SIPs include 
quantitative milestones to document RFP towards attainment. Every 3 
years until EPA redesignates an area to attainment, States must 
report on whether milestones have been met. Connecticut's SIP 
commits CT DEP to submit quantitative milestone and RFP reports to 
EPA every 3 years. For initial moderate PM<INF>10 nonattainment 
areas, the emissions reductions made between SIP submittal and the 
attainment date will satisfy the first quantitative milestone. (See 
General Preamble 57 FR 13539.) Since EPA believes it is reasonable 
to key the first milestone to the SIP revision containing control 
measures which will result in emission reductions and since the 
PM<INF>10 attainment date was less than 3 years from the actual 
submittal date of CT DEP's SIP revision, CT DEP submitted--and EPA 
is accepting--the emissions reductions associated with the New Haven 
PM<INF>10 Attainment Plan SIP revision (approved by EPA effective 
November 11, 1995) as meeting RFP and the first quantitative 
milestone for New Haven. (See TSD dated May 10, 1996.)
    \3\ A review of the PM<INF>10 air quality data for New Haven 
shows air quality monitors for this area monitored 4 exceedences of 
the 24-hour PM<INF>10 NAAQS during the 3-year period from 1993 to 
1995. All exceedences occurred in 1993 at the Yankee Gas monitor 
site (AIRS Site ID 09-009-0021). The area did not have any 
exceedences of the PM<INF>10 NAAQS in 1995.
---------------------------------------------------------------------------

    In addition to meeting the two statutory requirements, Connecticut 
has made the planning progress required by EPA guidance. Connecticut 
has demonstrated that RACT/RACM, embodied in 7 consent orders, have 
been adopted and submitted in the form of a SIP revision and are being 
implemented for New Haven. Furthermore, real emissions reductions have 
been achieved.
    For further details regarding Connecticut's extension request and 
how it meets EPA's requirements, the reader should refer to the TSD 
dated May 10, 1996, on file at EPA's Region I office (contact listed 
above).

II. Final Action

    EPA is approving the SIP revision regarding PM<INF>10 PSD 
permitting and the second 1-year extension of the PM<INF>10 attainment 
date for New Haven, as submitted by the State of Connecticut.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective May 27, 1997 unless, by April 25, 1997, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective May 27, 1997.
    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

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under sections 110 and 301, and subchapter I, part D 
of the CAA do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, I certify 
that it does not have a significant impact on any small entities 
affected. Moreover, due to the nature of the

[[Page 14331]]

Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 27, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).) EPA encourages 
interested parties to comment in response to the proposed rule rather 
than petition for judicial review, unless the objection arises after 
the comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Connecticut was approved by the Director of 
the Federal Register on July 1, 1982.

    Dated: December 5, 1996.
John P. DeVillars,
Regional Administrator, EPA--Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart H--Connecticut

    2. Section 52.370 is amended by adding paragraph (c)(70) to read as 
follows:


Sec. 52.370  Identification of plan.

* * * * *
    (c) * * * 
    (70) Revision to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 13, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated January 13, 1995 submitting a revision to the 
Connecticut State Implementation Plan.
    (B) Amended Regulation of Connecticut State Agencies: amended 
Subsection 22a-174-3(k) ``Abatement of air pollution--New Source 
Review'' (effective December 2, 1994).
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    3. Section 52.372 is amended by designating the existing text as 
paragraph (a) and by adding paragraph (b) to read as follows:


Sec. 52.372  Extensions.

* * * * *
    (b) The Administrator hereby extends until December 31, 1996, the 
attainment date for particulate matter for the New Haven PM10 
nonattainment area, as requested by the State of Connecticut on March 
22, 1996 and based on monitored air quality data for the national 
ambient air quality standard for PM10 during the years 1993-95.
    4. In Sec. 52.374 the table is revised to read as follows:


Sec. 52. 374  Attainment dates for national standards.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                    Pollutant                                   
                               ---------------------------------------------------------------------------------
Air quality control region and              SO<INF>2                                                                 
      nonattainment area       ----------------------------     PM10           NO<INF>X           CO           O<INF>3    
                                   Primary      Secondary                                                       
----------------------------------------------------------------------------------------------------------------
 AQCR 41: Eastern Connecticut                                                                                   
          Intrastate                                                                                            
                                                                                                                
Middlesex County (part).......  a             b             a             a             a            e          
                                                                                                                
All portions except cities and                                                                                  
    towns in Hartford Area                                                                                      
                                                                                                                
New London County.............  a             b             a             a             a            e          
Tolland County (part).........  a             b             a             a             a            e          
                                                                                                                
All portions except cities and                                                                                  
    towns in Hartford Area                                                                                      
                                                                                                                
Windham County................  a             b             a             a             a            e          
                                                                                                                

[[Page 14332]]

                                                                                                                
 AQCR 42: Hartford-New Haven-                                                                                   
    Springfield Interstate                                                                                      
     Hartford-New Britain-                                                                                      
        Middletown Area                                                                                         
                                                                                                                
Hartford County (part) See 40   a             b             a             a             d            e          
 CFR 81.307.                                                                                                    
Litchfield County (part) See    a             b             a             a             d            e          
 40 CFR 81.307.                                                                                                 
Middlesex County (part) See 40  a             b             a             a             d            e          
 CFR 81.307.                                                                                                    
Tolland County (part) See 40    a             b             a             a             d            e          
 CFR 81.307.                                                                                                    
                                                                                                                
  New Haven-Meriden-Waterbury                                                                                   
             Area                                                                                               
                                                                                                                
Fairfield County (part) See 40  a             b             a             a             d            e          
 CFR 81.307.                                                                                                    
Litchfield County (part) See    a             b             a             a             d            e          
 40 CFR 81.307.                                                                                                 
                                                                                                                
       New Haven County                                                                                         
                                                                                                                
All portions except City of     a             b             a             a             d            e          
 New Haven.                                                                                                     
City of New Haven.............  a             b             g             a             d            e          
                                                                                                                
 AQCR 43: New York-New Jersey-                                                                                  
  Connecticut Interstate New                                                                                    
York-N. New Jersey-Long Island                                                                                  
             Area                                                                                               
                                                                                                                
Fairfield County (part) See 40  a             b             a             a             d            f          
 CFR 81.307.                                                                                                    
Litchfield County (part) See    a             b             a             a             d            f          
 40 CFR 81.307.                                                                                                 
                                                                                                                
     AQCR 44: Northwestern                                                                                      
    Connecticut Interstate                                                                                      
                                                                                                                
Hartford County (part)........  a             b             a             a             a            e          
                                                                                                                
       Hartford Township                                                                                        
                                                                                                                
Litchfield County (part) See    a             b             a             a             a            e          
 40 CFR 81.307.                                                                                                 
                                                                                                                
All portions except cities and                                                                                  
 towns in Hartford, New Haven,                                                                                  
      and New York Areas                                                                                        
----------------------------------------------------------------------------------------------------------------
a. Air quality levels presently below primary standards or area is unclassifiable.                              
b. Air quality levels presently below secondary standards or area is unclassifiable.                            
c. November 15, 1995.                                                                                           
d. December 31, 1995.                                                                                           
e. November 15, 1999.                                                                                           
f. November 15, 2007.                                                                                           
g. December 31, 1996 (two 1-year extensions granted).                                                           

[FR Doc. 97-7688 Filed 3-25-97; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>