[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]


=======================================================================
-----------------------------------------------------------------------

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.

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

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 (NO<INF>X</INF>), and carbon monoxide (CO). The 
inventory is to address actual VOC, NO<INF>X</INF>, 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, 
NO<INF>X</INF>, 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. 
<SUP>1</SUP> 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. <SUP>2</SUP> 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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. <SUP>3</SUP>
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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]                                   
----------------------------------------------------------------------------------------------------------------
                                                    Point       On-road      Non-road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                     emissions    emissions    emissions    emissions                 emissions 
----------------------------------------------------------------------------------------------------------------
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 
----------------------------------------------------------------------------------------------------------------
\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.       


                                                       NO<INF>X                                                      
                                   [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
----------------------------------------------------------------------------------------------------------------


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

    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