

[Federal Register: August 30, 2007 (Volume 72, Number 168)]
[Rules and Regulations]               
[Page 50059-50063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au07-7]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2007-0373; A-1-FRL-8461-5]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Establishment of Interim Progress for the Annual Fine 
Particle National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
revision submitted by the State of Connecticut. This revision 
establishes early fine particulate (PM2.5) transportation 
conformity emission budgets for the Connecticut portion of the New 
York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5 
nonattainment area. This action is being taken under the Clean Air Act.

DATES: This direct final rule will be effective October 29, 2007, 
unless EPA receives adverse comments by October 1, 2007. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2007-0373 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2007-0373'', 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100 (mail code CAQ), 
Boston, MA 02114-2023.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2007-0373. EPA's policy is that all comments

[[Page 50060]]

received will be included in the public docket without change and may 
be made available online at http://www.regulations.gov, including any personal 

information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit through 
http://www.regulations.gov, or e-mail, information that you consider to be CBI 

or otherwise protected. The http://www.regulations.gov Web site is an 

``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or 

in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, One Congress 
Street, Suite 1100, Boston, MA. EPA requests that if at all possible, 
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding legal holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency, the Bureau of Air Management, Department of 
Environmental Protection, State Office Building, 79 Elm Street, 
Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, 
telephone number (617) 918-1668, fax number (617) 918-0668, e-mail 
cooke.donald@epa.gov.


SUPPLEMENTARY INFORMATION: Organization of this document. The following 
outline is provided to aid in locating information in this preamble.

I. Background and Purpose
II. Comparison of Year 2002 Emissions to Year 2009
III. Adequacy Process and SIP Approval
IV. Transportation Conformity Motor Vehicle Emissions Budgets
V. Basis for Approval
VI. Final Action
VII. Statutory and Executive Order Reviews

I. Background and Purpose

    On December 17, 2004, (69 FR 943; January 5, 2005), EPA designated 
the New York-Northern New Jersey-Long Island, NY-NJ-CT area as 
nonattainment for the annual National Ambient Air Quality Standards 
(NAAQSs) for fine particle pollution or PM2.5. [Airborne 
particles less than or equal to 2.5 micrometers in diameter are 
considered to be ``fine particles,'' also referred to as 
PM2.5.] One year after the April 5, 2005 effective date of 
the PM2.5 designations, transportation conformity applies to 
this multi-state PM2.5 nonattainment area. Within three 
years of final designation, (by April 5, 2008), consistent with section 
172(b) of the Clean Air Act, and 40 CFR 51.1002 of the PM2.5 
implementation regulations, the States of New Jersey, New York and 
Connecticut are required to submit an attainment demonstration and 
adopted regulations ensuring that the New York-Northern New Jersey-Long 
Island, NY-NJ-CT PM2.5 nonattainment area will attain the 
National Ambient Air Quality Standards as expeditiously as practicable. 
This PM2.5 attainment demonstration must include motor 
vehicle emissions budgets for direct PM2.5 (including re-
entrained road dust and/or highway and transit construction dust if 
determined significant contributors), and any PM2.5 
precursors determined to be significant (which may include nitrogen 
oxides (NOX), volatile organic compounds (VOC), sulfur 
dioxide (SO2) and ammonia (NH3)). The SIP must 
clearly identify the budgets (motor vehicle emissions budgets) for 
transportation conformity purposes.
    In the June 8, 2006 Federal Register (71 FR 33305), EPA announced 
that the direct PM2.5 and NOX motor vehicle 
emissions budgets identified in New Jersey's PM2.5 early 
progress state implementation plan (SIP) for the New Jersey portion of 
the NY-NJ-CT PM2.5 nonattainment area were adequate for 
transportation conformity purposes. As a result of EPA's adequacy 
finding, the two metropolitan planning organizations in northern New 
Jersey (the North Jersey Transportation Planning Authority (NJTPA) and 
the Delaware Valley Regional Planning Commission (DVRPC)) must use the 
new 2009 direct PM2.5 and NOX budgets from the 
early progress PM2.5 SIP for future conformity 
determinations. In addition, with the establishment of adequate motor 
vehicle emissions budgets, New Jersey can independently determine 
conformity for the New Jersey portion of the NY-NJ-CT PM2.5 
nonattainment area and is no longer tied to New York and Connecticut 
for transportation conformity determinations. On July 10, 2006, EPA 
approved the PM2.5 motor vehicle emissions budgets for 
Northern New Jersey into the New Jersey SIP (71 FR 38770).
    On April 17, 2007, the Connecticut Department of Environmental 
Protection (DEP) submitted a revision to its SIP for establishing early 
fine particulate (PM2.5) transportation conformity emission 
budgets for the Connecticut portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area. This 
SIP revision was developed in accordance with EPA's transportation 
conformity rule (69 FR 40028; July 1, 2004), which allows states with 
PM2.5 nonattainment areas to adopt early motor vehicle 
emission budgets that address the annual PM2.5 NAAQSs in 
advance of a complete SIP attainment demonstration. This SIP revision 
establishes early budgets to simplify the conformity process for 
Connecticut Metropolitan Planning Organizations (MPOs) while increasing 
the level of protection for Connecticut's citizens during this interim 
period before PM2.5 attainment plans are due in April 2008.
    The PM2.5 motor vehicle emission budgets for calendar 
year 2009 included in Connecticut's April 17, 2007 SIP revision apply 
to MPOs in the Connecticut counties of Fairfield and New Haven. Before 
these budgets were determined adequate (see Section C below), these 
Connecticut MPOs were required to determine conformity jointly with the 
New York MPOs included in the NY-NJ-CT PM2.5 nonattainment 
area based on a calendar year 2002 interim baseline budget test. 
Consistent with a supplemental EPA rulemaking on

[[Page 50061]]

transportation conformity (70 FR 24280; May 6, 2005), Connecticut's 
April 17, 2007 SIP revision establishes early motor vehicle budgets for 
direct PM2.5 emissions and for emissions of nitrogen oxides 
(NOX) [the only PM2.5 precursor found to be 
significant at this time for onroad mobile sources]. Since the budgets 
have been determined adequate, Connecticut MPOs must demonstrate that 
all transportation plans result in emissions of PM2.5 and 
NOX that do not exceed the annual 2009 motor vehicle 
emissions budget levels.

II. Comparison of Year 2002 Emissions to Year 2009

    The total inventory of direct PM2.5 emissions for the 
Connecticut portion of the NY-NJ-CT PM2.5 nonattainment Area 
is 6,663 tons in calendar year 2002, and is projected to be 6,495 tons 
in calendar year 2009. This represents an overall inventory reduction 
of 2.5% (168 tons of direct PM2.5 emissions). Table 1, 
below, compares calculated year 2002 and year 2009 direct 
PM2.5 inventories by source type for the Connecticut portion 
of the NY-NJ-CT PM2.5 nonattainment area. Although direct 
PM2.5 emissions from area and point sources are projected to 
increase by two and eight percent, respectively, emissions from nonroad 
and onroad sources are projected to decrease by 13 and 31 percent, 
respectively.

                                                         Table 1.--Direct Annual PM2.5 Emissions
                                                                         [Tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Area                 Nonroad                Point                Onroad
                                                                 ---------------------------------------------------------------------------------------
                                                                     2002       2009       2002       2009       2002       2009       2002       2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fairfield County................................................      2,349      2,388        526        454        190        202        269        185
New Haven County................................................      2,427      2,476        448        395        202        220        252        175
                                                                 ---------------------------------------------------------------------------------------
Total for CT Portion of NY-NJ-CT PM2.5 Nonattainment Area.......      4,776      4,864        974        849        392        422        521        360
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    The total inventory of NOX emissions for the Connecticut 
portion of the NY-NJ-CT PM2.5 nonattainment area is 61,199 
tons in calendar year 2002, and projected to be 44,433 tons in calendar 
year 2009. This represents an overall inventory reduction of 27% 
(16,766 tons of NOX emissions). Table 2, below, compares 
calculated 2002 and 2009 annual NOX inventories by source 
type for the Connecticut portion of the NY-NJ-CT PM2.5 
nonattainment area. Although NOX emissions from area and 
point sources are projected to increase by four and seven percent, 
respectively, emissions from nonroad and onroad sources are projected 
to decrease by 12 and 46 percent, respectively.

                                                             Table 2.--Annual NOX Emissions
                                                                         [Tons]
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                                                                          Area                 Nonroad                Point                Onroad
                                                                 ---------------------------------------------------------------------------------------
                                                                     2002       2009       2002       2009       2002       2009       2002       2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fairfield County................................................      3,134      3,269      7,150      6,104      3,892      4,183     17,411      9,314
New Haven County................................................      2,937      3,061      7,935      7,108      2,305      2,429     16,435      8,965
                                                                 ---------------------------------------------------------------------------------------
Total for CT Portion of NY-NJ-CT PM2.5 Nonattainment Area.......      6,071      6,330     15,085     13,212      6,197      6,612     33,846     18,279
--------------------------------------------------------------------------------------------------------------------------------------------------------

III. Adequacy Process and SIP Approval

    On March 2, 1999, the United States Court of Appeals for the 
District of Columbia Circuit issued a decision on EPA's third set of 
transportation conformity amendments in response to a case brought by 
the Environmental Defense Fund. The decision held that conformity 
determinations could no longer be based on submitted SIP emissions 
budgets, prior to a positive adequacy determination by EPA.
    A May 14, 1999, EPA memorandum from Gay MacGregor to the Regional 
Division Directors provides guidance on how to review budgets for 
adequacy and the process for public comment and notification (posting 
on the Web). The May 14, 1999 guidance is available on EPA's conformity 
Web site at URL address: http://www.epa.gov/otaq/stateresources/transconf/policy/epaguidf.pdf.
 EPA provided additional guidance in its 

Final Rulemaking on July 1, 2004 (69 FR 40004-40081) ``Transportation 
Conformity Rule Amendments for the New 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards and 
Miscellaneous Revisions for Existing Areas; Transportation Conformity 
Rule Amendments: Response to Court Decision and Additional Rule 
Changes; Final Rule.''
    EPA initiated the adequacy process for Connecticut's motor vehicle 
emissions budgets on April 19, 2007, by announcing that Connecticut had 
submitted an early progress SIP for PM2.5 on EPA's Web site 
``SIP Submissions Currently Under EPA Adequacy Review'' http://www.epa.gov/otaq/stateresources/transconf/currsips.htm.
 The criteria by 

which EPA determines whether a SIP's motor vehicle emission budgets are 
adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4)(i) 
through 93.118(e)(4)(vi) and 93.118(e)(5). On May 24, 2007, EPA 
notified the Connecticut Department of Environmental Protection (CT 
DEP) that no comments were received during the thirty day public 
comment period, and that EPA had determined the 2009 motor vehicle 
emissions budgets submitted on April 17, 2007, to be adequate for 
transportation conformity purposes. EPA New England published a Notice 
of Adequacy Federal Register on Tuesday, June 5, 2007 (72 FR 31069), 
announcing our May 24, 2007 adequacy determination and making the motor 
vehicle emissions budgets effective on June 20, 2007. A copy of EPA's 
May 24, 2007 adequacy determination to CT DEP

[[Page 50062]]

and the Federal Register Notice of Adequacy are both posted in the 
electronic docket as well as on EPA's Web site ``SIP Submissions that 
EPA has Found Adequate or Inadequate,'' at URL address: http://www.epa.gov/otaq/stateresources/transconf/pastsips.htm
.

    This positive adequacy determination simplifies the administrative 
process for demonstrating transportation conformity by establishing the 
2009 direct PM2.5 and NOX motor vehicle emissions 
budgets as conformity criteria for all 2009 and later evaluation years. 
Connecticut's early motor vehicle emissions budgets will insure 
progress is made towards achieving and maintaining the PM2.5 
NAAQS by limiting the transportation sector to a more restrictive year 
2009 level of on-road direct PM2.5 and NOX than 
currently allowed by transportation conformity's interim emissions 
tests which are based on 2002 emissions in the New York and Connecticut 
portions of the nonattainment area. Connecticut will also be able to 
evaluate conformity independently and will no longer be required to re-
evaluate conformity whenever a MPO in the New York portion of the New 
York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5 
nonattainment area triggers conformity. EPA's adequacy determination 
for New Jersey's PM2.5 motor vehicle emissions budgets (71 
FR 33305; June 8, 2006) already allows New Jersey to independently 
determine conformity.
    Today's direct final rulemaking approves Connecticut's adequate 
2009 direct PM2.5 and NOX motor vehicle emissions 
budgets into the Connecticut SIP.

IV. Transportation Conformity Motor Vehicle Emissions Budgets

    The early direct PM2.5 and NOX annual motor 
vehicle emissions budgets being established are the on-road portion of 
the 2009 projections illustrated in Table 3, below, 360 tons per year 
for direct PM2.5 and 18,279 tons per year for 
NOX. The State of Connecticut Department of Transportation 
and Metropolitan Planning Organizations within the Connecticut portion 
of the NY-NJ-CT PM2.5 nonattainment area [Council of 
Governments of the Central Naugatuck Valley (portion), Greater 
Bridgeport and Valley Regional Planning Organizations, Housatonic 
Valley Council of Elected Officials (portion), South Central Regional 
Council of Governments, and South Western Regional Planning Agency], 
shall use these budgets for future transportation conformity 
determinations.

        Table 3.--2009 Transportation Conformity Emission Budgets
------------------------------------------------------------------------
                                           Annual direct
                                               PM2.5        Annual NOX
                                             emissions       emissions
                                              (tons)          (tons)
------------------------------------------------------------------------
Connecticut Portion of the NY-NJ-CT                  360          18,279
 PM2.5 Nonattainment Area...............
------------------------------------------------------------------------

V. Basis for Approval

    EPA's review of Connecticut's SIP revision concludes that this SIP 
revision is consistent with EPA's Transportation Conformity Rule. 
Approval of Connecticut's SIP revision is directionally sound since it 
would approve year 2009 motor vehicle emissions budgets which are more 
stringent than the year 2002 baseline emissions now used to evaluate 
transportation conformity in the NY-NJ-CT PM2.5 
nonattainment area. The projected overall annual inventory reduction in 
direct PM2.5 emissions from 2002 to 2009 is approximately 
2.5 percent, along with a 27 percent reduction in NOX 
emissions. This results from a projected 31 percent reduction in direct 
PM2.5 emissions and a 46 percent reduction in NOX 
emissions from onroad sources.
    Connecticut's projected reduction in direct PM2.5 and 
NOX emissions demonstrates progress towards attainment of 
the PM2.5 annual standard. Although, the projected reduction 
in direct PM2.5 emissions is below the five to ten percent 
reduction that was provided as an example in the July 2004 conformity 
rule preamble (69 FR 40019; July 1, 2004), EPA believes that 
Connecticut's early progress SIP should be approved since it will 
strengthen the existing SIP. Listed below are several factors that make 
Connecticut's SIP package directionally sound.
    1. Fairfield County and New Haven County were included in the New 
York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5 
nonattainment area because of traffic and commuting patterns and other 
weighting factors used in EPA's designation process. Connecticut has 
never monitored values at or above the annual NAAQSs for 
PM2.5.\1\
---------------------------------------------------------------------------

    \1\ This SIP is addressing requirements for the annual 
PM2.5 standard. Nonattainment of the revised 24-hour 
PM2.5 standard (35 micrograms per cubic meter of air 
([mu]g/m3)) has not yet been determined.
---------------------------------------------------------------------------

    2. There were no monitored violations of EPA's annual 
PM2.5 standard in Fairfield and New Haven counties in 2002, 
and any reduction in the overall inventory for the two county area 
below 2002 levels should help ensure that this level of air quality is 
maintained or improved in the future.
    3. There is a significant projected tonnage decrease in overall 
PM2.5 emissions (168 tons) and NOX emissions 
(16,766 tons) by 2009 in comparison to 2002 base year levels.
    4. There is a very large percent reduction projected in both 
PM2.5 direct and NOX on-road emissions (31% and 
46%, respectively) and traffic and commuting patterns were one of the 
areas highlighted in the technical support documentation for EPA's 
PM2.5 designation decisions.
    5. The large reduction in Connecticut's NOX emissions 
(27% overall reduction from all inventory sources) may be more 
beneficial to transport issues by reducing precursors, than immediate 
reduction of direct PM2.5 emissions in Connecticut.

VI. Final Action

    EPA is approving the Connecticut SIP revision for establishment of 
interim progress for the annual fine particle National Ambient Air 
Quality Standard, which was submitted on April 17, 2007. The direct 
PM2.5 and annual NOX motor vehicle emissions 
budgets being approved are the on-road mobile source 2009 projections 
of 360 tons per year of direct PM2.5 and 18,279 tons per 
year of NOX. These motor vehicle emissions budgets must be 
used to demonstrate that all transportation plans in the Connecticut 
portion of the NY-NJ-CT PM2.5 nonattainment area result in 
emissions of PM2.5 and NOX that do not exceed the 
annual 2009 motor vehicle emissions budget levels.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse

[[Page 50063]]

comments. However, in the proposed rules section of this Federal 
Register publication, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision should adverse 
comments be filed. This action will be effective October 29, 2007 
without further notice unless the EPA receives adverse comments by 
October 1, 2007.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on October 29, 2007 and no 
further action will be taken on the proposed rule.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves State law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by State law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule 
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 29, 2007. Interested 
parties should 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. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 20, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart H--Connecticut

0
2. Section 52.379 is added to read as follows:


Sec.  52.379  Control strategy: PM2.5.

    Approval--Revision to the State Implementation Plan submitted by 
the Connecticut Department of Environmental Protection (DEP) on April 
17, 2007. the revision is for the purpose of establishing early fine 
particulate (PM2.5) transportation conformity emission 
budgets for the Connecticut portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area. The 
April 17, 2007 revision establishes PM2.5 motor vehicle 
emission budgets for 2009 of 360 tons per year of direct 
PM2.5 emissions and 18,279 tons per year of NOX 
emissions to be used in transportation conformity in the Connecticut 
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 
PM2.5 nonattainment area.

 [FR Doc. E7-17004 Filed 8-29-07; 8:45 am]

BILLING CODE 6560-50-P
