97-27855. Approval and Promulgation of Implementation Plans; Connecticut  

  • [Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
    [Rules and Regulations]
    [Pages 55336-55341]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-27855]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [CT-7202a; FRL-5902-2]
    
    
    Approval and Promulgation of Implementation Plans; Connecticut
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: The EPA today is approving State Implementation Plan (SIP) 
    revisions submitted by the State of Connecticut. These revisions 
    consist of 1990 base year ozone emission inventories, and establishment 
    of a Photochemical Assessment Monitoring System (PAMS) network.
        The inventories were submitted by Connecticut to satisfy a Clean 
    Air Act (CAA) requirement that States containing ozone nonattainment 
    areas submit inventories of actual ozone precursor emissions in 
    accordance with guidance from the EPA. The ozone emission inventories 
    submitted by Connecticut are for the State's portion of the New York, 
    New Jersey, Connecticut severe area, and the greater Hartford serious 
    area. The PAMS SIP revision was submitted to satisfy the requirements 
    of the CAA and the PAMS regulations. The intended effect of this action 
    is to approve as a revision to the Connecticut SIP the state's 1990 
    base year ozone emission inventories, and to approve the PAMS network 
    into the State's SIP.
    
    DATES: This action is effective on December 23, 1997 unless EPA 
    receives adverse or critical comments by November 24, 1997. If the 
    effective date is delayed, timely notice will be published in the 
    Federal Register.
    
    ADDRESSES: Written comments on this action should be addressed to Susan 
    Studlien, Deputy Director, Office of Ecosystem Protection, 
    Environmental Protection Agency, Region I, JFK Federal Building, 
    Boston, Massachusetts, 02203. Copies of the documents relevant to this 
    action are available for public inspection during normal business hours 
    at the EPA Region I office, and at the Connecticut Department of 
    Environmental Protection, Bureau of Air Management, 79 Elm Street, 
    Hartford, CT 06106-1630. Persons interested in examining these 
    documents should make an appointment with the appropriate office at 
    least 24 hours before the visiting day.
    
    FOR FURTHER INFORMATION CONTACT: Robert F. McConnell, Air Quality 
    Planning Group, EPA Region I, JFK Federal Building, Boston, 
    Massachusetts, 02203; telephone (617) 565-9266.
    
    SUPPLEMENTARY INFORMATION: Connecticut submitted its 1990 base year 
    emission inventories of ozone precursors to the EPA on January 13, 
    1994, as a revision to the State's SIP. Revisions to the inventories 
    were received on February 3, 1994, and February 16, 1995. Connecticut 
    submitted a SIP revision establishing a PAMS network into the State's 
    overall ambient air quality monitoring network on March 2, 1995. This 
    notice is divided into four parts:
    
    I. Background Information
    II. Analysis of State Submission
    III. Final Action
    IV. Administrative Requirements
    
    I. Background Information
    
    1. Emission Inventory
    
        Under the CAA as amended in 1990, States have the responsibility to 
    inventory emissions contributing to NAAQS nonattainment, to track these 
    emissions over time, and to ensure that control strategies are being 
    implemented
    
    [[Page 55337]]
    
    that reduce emissions and move areas towards attainment. The CAA 
    requires ozone nonattainment areas designated as moderate, serious, 
    severe, and extreme to submit a plan within three years of 1990 to 
    reduce volatile organic compound (VOC) emissions by 15 percent within 
    six years after 1990. The baseline level of emissions, from which the 
    15 percent reduction is calculated, is determined by adjusting the base 
    year inventory to exclude biogenic emissions, non-reactive VOC 
    emissions that do not form ozone, and to exclude certain emission 
    reductions not creditable towards the 15 percent. The 1990 base year 
    emissions inventory is the primary inventory from which the periodic 
    inventory, the Reasonable Further Progress (RFP) projection inventory, 
    and the modeling inventory are derived. Further information on these 
    inventories and their purpose can be found in the ``Emission Inventory 
    Requirements for Ozone State Implementation Plans,'' U.S. Environmental 
    Protection Agency, Office of Air Quality Planning and Standards, 
    Research Triangle Park, North Carolina, March 1991. The base year 
    inventory may also serve as part of statewide inventories for purposes 
    of regional modeling in transport areas. The base year inventory plays 
    an important role in modeling demonstrations for areas classified as 
    moderate and above.
        The air quality planning requirements for marginal to extreme ozone 
    nonattainment areas are set out in section 182(a)-(e) of title I of the 
    CAA. The EPA has issued a General Preamble describing the EPA's 
    preliminary views on how the agency intends to review SIP revisions 
    submitted under title I of the Act, including requirements for the 
    preparation of the 1990 base year inventory (see 57 FR 13502 (April 16, 
    1992) and 57 FR 18070 (April 28, 1992)). In this action EPA will rely 
    on the General Preamble's interpretation of the CAA, and the reader 
    should refer to the General Preamble for a more detailed discussion of 
    the interpretations of title I advanced in today's rule and the 
    supporting rationale.
        Those States containing ozone nonattainment areas classified as 
    marginal to extreme are required under section 182(a)(1) of the CAA to 
    submit a final, comprehensive, accurate, and current inventory of 
    actual ozone season, weekday emissions from all sources within 2 years 
    of enactment (November 15, 1992). This inventory is for calendar year 
    1990 and is denoted as the base year inventory. It includes both 
    anthropogenic and biogenic sources of volatile organic compound (VOC), 
    nitrogen oxides (NOX), and carbon monoxide (CO). The 
    inventory is to address actual VOC, NOX, and CO emissions 
    for the area during a peak ozone season, which is generally comprised 
    of the summer months. All stationary point and area sources, as well as 
    mobile sources within the nonattainment area, are to be included in the 
    compilation. Available guidance for preparing emission inventories is 
    provided in the General Preamble (57 FR 13498 (April 16, 1992)).
    
    2. PAMS Network
    
        On March 2, 1995, the Connecticut Department of Environmental 
    Protection (DEP) submitted to the EPA a SIP revision incorporating PAMS 
    into the ambient air quality monitoring network of State or Local Air 
    Monitoring Stations (SLAMS) and National Air Monitoring Stations 
    (NAMS). The State will establish and maintain PAMS as part of its 
    overall ambient air quality monitoring network.
        Section 182(c)(1) of the CAA and the General Preamble (57 FR 13515) 
    require that the EPA promulgate rules for enhanced monitoring of ozone, 
    NOX, and VOCs no later than 18 months after the date of the 
    enactment of the Act. These rules will provide a mechanism for 
    obtaining more comprehensive and representative data on ozone air 
    pollution in areas designated nonattainment and classified as serious, 
    severe, or extreme.
        The final PAMS rule was promulgated by the EPA on February 12, 1993 
    (58 FR 8452). Section 58.40(a) of the revised rule requires the State 
    to submit a PAMS network description, including a schedule for 
    implementation, to the Administrator within six months after 
    promulgation or by August 12, 1993. Further, Sec. 58.20(f) requires the 
    State to provide for a PAMS network within nine months after 
    promulgation of the final rule or by November 12, 1993.
        On October 14, 1993, the Connecticut DEP submitted a draft PAMS 
    network plan. The EPA reviewed the submittal and informed the State it 
    was approvable and met the requirements of section 58.40(a) via a 
    letter dated July 21, 1994. On March 2, 1995, Connecticut submitted a 
    formal amendment to the SIP regarding PAMS Air Quality Monitoring. A 
    letter finding the submittal complete was sent to the State on April 
    24, 1995. Since network descriptions may change annually, they are not 
    part of the SIP as recommended by the document, ``Guideline for the 
    Implementation of the Ambient Air Monitoring Regulations, 40 CFR part 
    58'' (EPA-450/4-78-038, OAQPS, November 1979).
        Ambient air quality monitoring network descriptions undergo annual 
    system reviews as required by 40 CFR section 58.20(d). The review 
    covers the SLAMS, National Air Monitoring Station (NAMS) and PAMS 
    networks. In addition, 40 CFR section 58.25 pertaining to SLAMS, 
    section 58.36 pertaining to NAMS, and section 58.46 pertaining to PAMS 
    each require that any changes to the network description as identified 
    during the annual review must be approved by EPA.
        The Connecticut PAMS SIP revision is intended to meet the 
    requirements of section 182(c)(1) of the Act and to comply with the 
    PAMS regulations, codified at 40 CFR part 58. The Connecticut DEP held 
    a public hearing on the PAMS SIP revision on January 7, 1994.
    
    II. Analysis of State Submission
    
    1. Emission Inventory
    
    A. Procedural Background
        The Act requires States to observe certain procedural requirements 
    in developing emission inventory submissions to the EPA. Section 
    110(a)(2) of the Act provides that each emission inventory submitted by 
    a State must be adopted after reasonable notice and public hearing. 
    1 Final approval of the inventory will not occur until the 
    State revises the inventory to address public comments. Changes to the 
    inventory that impact the 15 percent reduction calculation and require 
    a revised control strategy will constitute a SIP revision. EPA created 
    a ``de minimis'' exception to the public hearing requirement for minor 
    changes. EPA defines ``de minimis'' for such purposes to be those in 
    which the 15 percent reduction calculation and the associated control 
    strategy or the maintenance plan showing, do not change. States will 
    aggregate all such ``de minimis'' changes together when making the 
    determination as to whether the change constitutes a SIP revision. The 
    State will need to make the change through the formal SIP revision 
    process, in conjunction with the change to the control measure or other 
    SIP programs. 2 Section 110(a)(2) of the Act similarly
    
    [[Page 55338]]
    
    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.
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        \1\ Also Section 172(c)(7) of the Act requires that plan 
    provisions for nonattainment areas meet the applicable provisions of 
    section 110(a)(2).
        \2\ Memorandum from John Calcagni, Director, Air Quality 
    Management Division, and William G. Laxton, Director, Technical 
    Support Division, to Regional Air Division Directors, Region I-X, 
    ``Public Hearing Requirements for 1990 Base-Year Emission 
    Inventories for Ozone and Carbon Monoxide Nonattainment Areas,'' 
    September 29, 1992.
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        On January 13, 1994, Connecticut submitted to the EPA as a SIP 
    revision the 1990 base year inventories for its two ozone nonattainment 
    areas. Prior to the State's submittal of final inventories, the State 
    had submitted draft inventories to EPA for review during July, August, 
    and October 1992. EPA reviewed the draft inventories and sent comments 
    to the state by letter dated November 20, 1992. Revised inventories 
    were submitted to EPA in January and May of 1993 which addressed many 
    of EPA's comments. The State held a public hearing on the inventory on 
    July 20, 1993. EPA reviewed the May submittal and provided comments to 
    the State through the hearing process by letter dated August 30, 1993. 
    These comments included comments developed by an EPA contractor's 
    review of the Connecticut inventories. The contractor's comments are 
    summarized within a report dated April 16, 1993. Connecticut submitted 
    its final 1990 base year emission inventories as revisions to the 
    State's SIP on January 13, 1994. Additional revisions were submitted on 
    February 3, 1994, and February 16, 1995.
        The EPA Region I Office has compared the final Connecticut 
    inventories with the deficiencies noted in the various comment letters 
    and concluded that the State has adequately addressed the issues 
    presented in the comment letters.
    B. Emission Inventory Review
        Section 110(k) of the CAA sets out provisions governing the EPA's 
    review of base year emission inventory submittals in order to determine 
    approval or disapproval under section 182(a)(1) (see 57 FR 13565-13566 
    (April 16, 1992)). The EPA is approving the Connecticut ozone base year 
    emission inventories based on the Level I, II, and III review findings. 
    This section outlines the review procedures performed to determine if 
    the base year emission inventories are acceptable or should be 
    disapproved.
        The Level I and II review process is used to determine that all 
    components of the base year inventory are present. The review also 
    evaluates the level of supporting documentation provided by the State 
    and assesses whether the emissions were developed according to current 
    EPA guidance.
        The Level III review process is outlined here and consists of 10 
    points that the inventory must include. For a base year emission 
    inventory to be acceptable it must pass all of the following acceptance 
    criteria:
        1. An approved Inventory Preparation Plan (IPP) was provided and 
    the QA program contained in the IPP was performed and its 
    implementation documented.
        2. Adequate documentation was provided that enabled the reviewer to 
    determine the emission estimation procedures and the data sources used 
    to develop the inventory.
        3. The point source inventory must be complete.
        4. Point source emissions must have been prepared or calculated 
    according to the current EPA guidance.
        5. The area source inventory must be complete.
        6. The area source emissions must have been prepared or calculated 
    according to the current EPA guidance.
        7. Biogenic emissions must have been prepared according to current 
    EPA guidance or another approved technique.
        8. The method (e.g., Highway Performance Modeling System or a 
    network transportation planning model) used to develop vehicle miles 
    travelled (VMT) estimates must follow EPA guidance, which is detailed 
    in the document, ``Procedures for Emission Inventory Preparation, 
    Volume IV: Mobile Sources,'' U.S. Environmental Protection Agency, 
    Office of Mobile Sources and Office of Air Quality Planning and 
    Standards, Ann Arbor, Michigan, and Research Triangle Park, North 
    Carolina, December 1992.
        9. The MOBILE model (or EMFAC model for California only) was 
    correctly used to produce emission factors for each of the vehicle 
    classes.
        10. Non-road mobile emissions were prepared according to current 
    EPA guidance for all of the source categories.
        The base year emission inventory will be approved if it passes 
    Levels I, II, and III of the review process. Detailed Level I and II 
    review procedures can be found in ``Quality Review Guidelines for 1990 
    Base Year Emission Inventories,'' U.S. Environmental Protection Agency, 
    Office of Air Quality Planning and Standards, Research Triangle Park, 
    NC, July 27, 1992. Level III review procedures are specified in EPA 
    memoranda noted in the margin. 3
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        \3\ Memorandum from J. David Mobley, Chief, Emissions Inventory 
    Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory 
    Level III Acceptance Criteria,'' October 7, 1992; and memorandum 
    from John S. Seitz, Director, Office of Air Quality Planning and 
    Standards, to Regional Air Division Directors, Region I-X, 
    ``Emission Inventory Issues,'' June 24, 1993.
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        The emission inventories prepared by Connecticut for its two, 
    serious ozone nonattainment areas meet each of Level III's ten 
    criteria. Documentation of the EPA's evaluation, including details of 
    the review procedure, is contained within the technical support 
    document prepared for the Connecticut 1990 base year inventory, which 
    is available to the public as part of the docket supporting this 
    action.
    
    2. PAMS Network
    
        The Connecticut PAMS SIP revision will provide the State with the 
    authority to establish and operate the PAMS sites, will secure State 
    funds for PAMS, and will provide the EPA with the authority to enforce 
    the implementation of PAMS, since its implementation is required by the 
    Act.
        The criteria used to review the proposed SIP revision are derived 
    from the PAMS regulations, codified at 40 CFR Part 58, and are included 
    in ``Guideline for the Implementation of the Ambient Air Monitoring 
    Regulations, 40 CFR part 58'' (EPA-450/4-78-038, Office of Air Quality 
    Planning and Standards, November 1979), the September 2, 1993, 
    memorandum from G. T. Helms entitled, ``Final Boilerplate Language for 
    the PAMS SIP Submittal,'' the CAA, and the General Preamble.
        The September 2, 1993, Helms memorandum stipulates that the PAMS 
    SIP, at a minimum, must:
        1. Provide for monitoring of criteria pollutants, such as ozone and 
    nitrogen dioxide and non-criteria pollutants, such as nitrogen oxides, 
    speciated VOCs, including carbonyls, as well as meteorological 
    parameters;
        2. Provide a copy of the approved (or proposed) PAMS network 
    description, including the phase-in schedule, for public inspection 
    during the public notice and/or comment period provided for in the SIP 
    revision or, alternatively, provide information to the public upon 
    request concerning the State's plans for implementing the rules;
        3. Make reference to the fact that PAMS will become a part of the 
    State or local air monitoring stations (SLAMS) network;
        4. Provide a statement that SLAMS will employ Federal reference 
    methods (FRM) or equivalent methods while most PAMS sampling will be 
    conducted using methods approved by the EPA.
        The Connecticut PAMS SIP revision provides that the State will 
    implement PAMS as required in 40 CFR part 58, as amended February 12, 
    1993. The State will amend its SLAMS and its NAMS monitoring systems to 
    include the PAMS requirements. It will develop its PAMS network design 
    and establish monitoring sites pursuant to 40 CFR
    
    [[Page 55339]]
    
    part 58 in accordance with an approved network description and as 
    negotiated with the EPA through the 105 grant process on an annual 
    basis. The State has begun implementing its PAMS network as required in 
    40 CFR part 58.
        The Connecticut PAMS SIP revision also includes a provision to meet 
    quality assurance requirements as contained in 40 CFR part 58, Appendix 
    A. The State's SIP revision also assures EPA that the PAMS monitors 
    will meet monitoring methodology requirements contained in 40 CFR part 
    58, Appendix C. Lastly, the State's SIP revision requires that the 
    Connecticut PAMS network will be phased in over a period of five years 
    as required in 40 CFR 58.44. The State's PAMS SIP submittal and the 
    EPA's technical support document are available for viewing at the EPA 
    Region I Office as outlined under the ADDRESSES section of this Federal 
    Register document. The Connecticut PAMS SIP submittal is also available 
    for viewing at the Connecticut State Office as outlined under the 
    ADDRESSES section of this Federal Register document.
    
    III. Final Action
    
    1. Emission Inventory
    
        Connecticut has submitted complete inventories containing point, 
    area, biogenic, on-road mobile, and non-road mobile source data, and 
    accompanying documentation. Emissions from these sources are presented 
    in the following table:
    
                                                         VOC \4\                                                    
                                       [Ozone Seasonal Emissions in Tons Per Day]                                   
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                                                        Point       On-road      Non-road                           
                    NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                         emissions    emissions    emissions    emissions                 emissions 
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    NY-NJ-CT..........................        59.42         8.67        43.83        20.95        54.41       187.28
    Hartford..........................       178.05        33.74       127.12        78.44       383.39      800.74 
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    \4\ Note that these VOC inventory numbers include emissions of perchloroethylene. EPA has determined that       
      perchloroethylene is photochemically non-reactive and does not significantly contribute to ozone production.  
      Therefore, these inventory numbers have been adjusted to remove emissions of this compound in the proposed    
      conditional approval of Connecticut's 15 percent plans published elsewhere in today's Federal Register.       
    
    
                                                           NOX                                                      
                                       [Ozone Seasonal Emissions in Tons Per Day]                                   
    ----------------------------------------------------------------------------------------------------------------
                                                        Point       On-road      Non-road                           
                    NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                         emissions    emissions    emissions    emissions                 emissions 
    ----------------------------------------------------------------------------------------------------------------
    NY-NJ-CT..........................         2.73        43.72        55.73        15.73           NA       117.91
    Hartford..........................         8.07        87.31       175.56        82.61           NA       353.55
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                                                           CO                                                       
                                       [Ozone Seasonal Emissions in Tons Per Day]                                   
    ----------------------------------------------------------------------------------------------------------------
                                                       Point        On-road      Non-road                           
                   NAA                 Area source     source       mobile        mobile      Biogenic      Total   
                                        emissions    emissions     emissions    emissions                 emissions 
    ----------------------------------------------------------------------------------------------------------------
    NY-NJ-CT.........................         3.51        13.09        356.87       165.52           NA       538.99
    Hartford.........................        10.90        20.30      1,032.9        530.41           NA     1,594.51
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        Connecticut has satisfied all of the EPA's requirements for 
    providing a comprehensive, accurate, and current inventory of actual 
    ozone precursor emissions in the Connecticut portion of the NY-NJ-CT 
    severe area and the Hartford serious ozone nonattainment area. The 
    inventories are complete and approvable according to the criteria set 
    out in the November 12, 1992 memorandum from J. David Mobley, Chief 
    Emission Inventory Branch, TSD to G. T. Helms, Chief Ozone/Carbon 
    Monoxide Programs Branch, AQMD. In today's final action, the EPA is 
    approving the SIP 1990 base year ozone emission inventories submitted 
    by Connecticut for the state's portion of the NY-NJ-CT severe area and 
    the Hartford serious nonattainment area as meeting the requirements of 
    section 182(a)(1) of the CAA.
    
    2. PAMS Network
    
        In today's action, the EPA is fully approving the revision to the 
    Connecticut ozone SIP for PAMS.
        The EPA is publishing these actions without prior proposal because 
    the Agency views them as noncontroversial amendments and anticipates no 
    adverse comments. However, in a separate document in this Federal 
    Register publication, the EPA is proposing to approve these SIP 
    revisions and is soliciting public comment on them. This action will be 
    effective December 23, 1997 unless, by November 24, 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 actions. 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 December 23, 1997.
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any SIP. Each request for revision to the SIP shall be
    
    [[Page 55340]]
    
    considered separately in light of specific technical, economic, and 
    environmental factors and in relation to relevant statutory and 
    regulatory requirements.
    
    IV. 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. Sec. 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. Secs. 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 section 110 and subchapter I, part D of the 
    Clean Air Act 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, the 
    Administrator certifies that it does not have a significant impact on 
    any small entities affected. Moreover, due to the nature of the 
    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 Section 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 December 23, 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, Carbon monoxide, 
    Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone, 
    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: September 19, 1997.
    John P. DeVillars,
    Regional Administrator, Region I.
    
        40 CFR Part 52 is amended as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7641q.
    
    Subpart H--Connecticut
    
        2. Section 52.370 is amended by adding paragraph (c)(74) to read as 
    follows:
    * * * * *
    
    
    Sec. 52. 370  Identification of plan.
    
        (c) * * *
        (74) A revision to the Connecticut SIP regarding ozone monitoring. 
    Connecticut will modify its SLAMS and its NAMS monitoring systems to 
    include a PAMS network design and establish monitoring sites. 
    Connecticut's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
        (i) Incorporation by reference.
        (A) PAMS SIP Commitment Narrative, which incorporates PAMS into the 
    ambient air quality monitoring network of State or Local Air Monitoring 
    Stations (SLAMS) and National Air Monitoring Stations (NAMS).
        (ii) Additional material.
        (A) Letter from the Connecticut Department of Environmental 
    Protection dated March 2, 1995 submitting a revision to the Connecticut 
    State Implementation Plan.
    
        3. Section 52.384 is added to read as follows:
    
    
    Sec. 52.384  Emission inventories.
    
        (a) The Governor's designee for the State of Connecticut submitted 
    the 1990 base year emission inventories for the Connecticut portion of 
    the New York-New Jersey-Connecticut severe ozone nonattainment area and 
    the Hartford serious ozone nonattainment area on January 13, 1994 as 
    revisions to the State's Implementation Plan (SIP). Revisions to the 
    inventories were submitted on February 3, 1994 and February 16, 1995. 
    The 1990 base year emission inventory requirement of section 182(a)(1) 
    of the Clean Air Act, as amended in 1990, has been satisfied for these 
    areas.
        (b) The inventories are for the ozone precursors which are volatile 
    organic compounds, nitrogen oxides, and carbon monoxide. The 
    inventories
    
    [[Page 55341]]
    
    covers point, area, non-road mobile, on-road mobile, and biogenic 
    sources.
        (c) Taken together, the Connecticut portion of the New York-New 
    Jersey-Connecticut severe nonattainment area and the Hartford serious 
    nonattainment area encompass the entire geographic area of the State.
    [FR Doc. 97-27855 Filed 10-23-97; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
12/23/1997
Published:
10/24/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
97-27855
Dates:
This action is effective on December 23, 1997 unless EPA receives adverse or critical comments by November 24, 1997. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
55336-55341 (6 pages)
Docket Numbers:
CT-7202a, FRL-5902-2
PDF File:
97-27855.pdf
CFR: (2)
40 CFR 52
40 CFR 52.384