Rule2025-20142
Air Plan Approval; Connecticut; 2014 and 2017 Periodic Emissions Inventory for 2008 8-Hour Ozone NAAQS
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 18, 2025
Effective
December 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Connecticut. These SIP revisions relate to the 2008 8-Hour ozone National Ambient Air Quality Standards (NAAQS). The SIP revisions consist of the following: 2014 and 2017 calendar year periodic emissions inventories. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 90 Issue 220 (Tuesday, November 18, 2025)</title>
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[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Rules and Regulations]
[Pages 51546-51547]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20142]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2025-0240; FRL-12861-02-R1]
Air Plan Approval; Connecticut; 2014 and 2017 Periodic Emissions
Inventory for 2008 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of
Connecticut. These SIP revisions relate to the 2008 8-Hour ozone
National Ambient Air Quality Standards (NAAQS). The SIP revisions
consist of the following: 2014 and 2017 calendar year periodic
emissions inventories. This action is being taken under the Clean Air
Act (CAA).
DATES: This rule is effective on December 18, 2025.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2025-0240. All documents in the docket
are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, 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.
FOR FURTHER INFORMATION CONTACT: Patrick Lillis, Air and Radiation
Division (Mail Code 5-MI), U.S. Environmental Protection Agency--Region
1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912;
tel. (617) 918-1067, or by email at <a href="/cdn-cgi/l/email-protection#c3afaaafafaab0edb3a2b7b1aaa0a883a6b3a2eda4acb5"><span class="__cf_email__" data-cfemail="dab6b3b6b6b3a9f4aabbaea8b3b9b19abfaabbf4bdb5ac">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The Notice of Proposed Rulemaking (NPRM) proposed approval of SIP
revisions submitted by the State of Connecticut that relate to the 2008
Ozone National Ambient Air Quality Standards. The SIP revisions
included the 2014 and 2017 periodic emissions inventories for the
Greater Connecticut and the Connecticut portion of the New York-
Northern New Jersey-Long Island, NY-NJ-CT ozone nonattainment areas. We
proposed to find that the emissions inventories were prepared in
accordance with the requirements of CAA sections 172(c)(3) and
182(a)(3)(A). The EPA is now finalizing the proposed approval of
Connecticut's 2014 and 2017 periodic emissions inventories for the 2008
Ozone NAAQS.
II. Response to Comments
EPA received one comment during the comment period, which is
available in the docket of this rulemaking action. This comment
recognizes that the proposal was ``limited to evaluating emissions
inventory submissions for ozone precursors,'' but urges EPA to
``recognize the broader importance of integrating carbon dioxide
(CO<INF>2</INF>) and other greenhouse gas (GHG) emissions'' in future
periodic emissions inventories.
The comment does not assert that the CAA requires EPA to disapprove
a periodic emissions inventory submittal that does not include
CO<INF>2</INF> or GHGs. Rather, the comment recognizes that
CO<INF>2</INF> and GHGs are ``not directly regulated under the 2008
ozone standard'' but urges EPA nonetheless to ``encourage states to
incorporate GHG awareness into future inventory work and SIP
development frameworks.''
EPA reviews a State's submittal for compliance with CAA
requirements, and EPA is required to approve a SIP submission that
complies with those requirements. CAA Sec. 110(k)(3); 40 CFR 52.02(a).
As noted, this EPA action concerns emissions inventories for the 2008
ozone NAAQS submitted in accordance with CAA sections 172(c)(3) and
182(a)(3)(A). Section 172(c)(3) of the CAA requires a state to include
``the relevant pollutant or pollutants'' in emissions inventories for
SIPs. EPA's 2008 ozone implementation rule indicates the relevant
pollutants to be included in periodic emission inventories for the 2008
ozone NAAQS are ozone season day emissions of the ozone precursors
volatile organic compounds and (VOC) and nitrogen oxides
(NO<INF>X</INF>).\1\ Therefore, CT DEEP's submittal of 2014 and 2017
periodic emissions inventories without reference to CO<INF>2</INF> or
GHGs meets the applicable pollutant and ozone precursor reporting
requirements for periodic emission inventories of the CAA and EPA's
2008 ozone implementation rule.\2\ Furthermore, EPA regulations require
a base year inventory to establish a reference point to track VOC and
NO<INF>X</INF> emissions,\3\ Thus, subsequent periodic emissions
inventories also center on VOC and NO<INF>X</INF> in order to track
progress toward meeting the ozone NAAQS by comparing current VOC and
NO<INF>X</INF> emissions data to the base year
[[Page 51547]]
inventory. Accordingly, EPA is finalizing the action as proposed.
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\1\ 40 CFR 51.1115(a)-(d); 40 CFR 51.15(a)(1)-(2); see also
Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations, May 2017, Section 4.2 (``For the 8-
hour ozone NAAQS, the pollutants to be inventoried are VOC and
NO<INF>X</INF>.''), available at <a href="https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf">https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf</a>.
\2\ See also 80 FR 12264.
\3\ 40 CFR 51.1100(bb) (defining the base year inventory as
including VOC and NO<INF>X</INF> without any mention of
CO<INF>2</INF> or GHGs), 51.1115(a).
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III. Final Action
For the reasons described in our July 7, 2025, notice of proposed
rulemaking,\4\ EPA is taking final action to approve Connecticut's 2014
and 2017 periodic emissions inventories for the 2008 ozone NAAQS as a
revision to the Connecticut SIP.
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\4\ 90 FR 29821.
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IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 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 action 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 January 20, 2026. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 8, 2025.
Mark Sanborn,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52 of chapter I, title 40 of the Code of
Federal Regulations to read as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 52.370 is amended by adding paragraph (c)(139) to read as
follows:
Sec. 52.370 Identification of plan
* * * * *
(c) * * *
(139) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on May 3,
2024.
(i) [Reserved]
(ii) Additional materials.
(A) Letter from the Connecticut Department of Energy and
Environmental Protection, dated May 3, 2024, submitting revision to the
Connecticut State Implementation Plan.
(B) [Reserved]
0
3. Section 52.384 is amended by adding paragraph (g) to read as
follows:
Sec. 52.384 Emission Inventories.
* * * * *
(g) On May 3, 2024, the State of Connecticut submitted periodic
emissions inventories as revisions to the State's SIP. The periodic
emissions inventories represent emissions for calendar year 2014 and
2017 from the Connecticut portion of the NY-NJ-CT 8-hour ozone
nonattainment area (currently classified as severe nonattainment for
the 2008 ozone standard) and the Greater Connecticut 8-hour ozone
nonattainment area (currently classified as moderate nonattainment for
the 2008 ozone standard, but since having received a clean data
determination and a determination of attainment by the attainment
date). The 2014 and 2017 periodic emission inventory requirement of
section 182(a)(3)(A) of the Clean Air Act, as amended in 1990, has been
satisfied for these areas. The inventories consist of emission
estimates of volatile organic compounds and nitrogen oxides, and cover
point, area, non-road mobile, on-road mobile and biogenic sources. The
inventories were submitted as revisions to the SIP in partial
fulfillment of obligations for nonattainment areas under EPA's 2008 8-
hour ozone standard.
[FR Doc. 2025-20142 Filed 11-17-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on November 18, 2025.
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