Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations 33397 

Congressional Review Act 

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 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 August 17, 2007. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 31, 2007. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.770 is amended by 

adding paragraph (c)(181) to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

(181) On September 2, 2004, Indiana 

submitted modifications to its 

Prevention of Significant Deterioration 

and nonattainment New Source Review 

rules as a revision to the state 

implementation plan. On October 25, 

2005, and January 17, 2007, Indiana 

submitted revisions to the September 2, 

2004 submittal. 

(i) Incorporation by reference. 

(A) Title 326 of the Indiana 

Administrative Code, Rules 2–1.1–7, 2–

2–1(a) through (l), 2–2–1(n) through 

(kk), 2–2–1(mm) through (tt), 2–2–

1(uu)(1) through (4), 2–2–1(vv) through 

(aaa), 2–2–2(a) through (d)(4), 2–2–

2(d)(6) through (e), 2–2–2(g) through (i), 

2–2–3, 2–2–4, 2–2–5(a), 2–2–5(c) 

through (e), 2–2–6, 2–2–8, 2–2.4, 2–3–

1(a) through (i), 2–3–1(k) through (ff), 2–

3–1(hh) through (uu), 2–3–2(a) through 

(c)(4), 2–3–2(c)(6) through (k), 2–3–2(m), 

2–3–3(a) through (b)(11), 2–3–3(b)(14), 

2–3.4, 2–5.1–4. Filed with the Secretary 

of State on August 10, 2004, effective 

September 10, 2004. Published in the 

Indiana Register on September 1, 2004 

(27 IR 3887). 

[FR Doc. E7–11571 Filed 6–15–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2006–0619; FRL–8327–3] 

Revisions to the Nevada State 

Implementation Plan, Washoe County 

District Health Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Washoe County District Health 

Department (WCDHD) portion of the 

Nevada State Implementation Plan 

(SIP). These revisions concern opacity, 

emissions of carbon monoxide (CO) and 

particulate matter (PM) from wood 

stoves and fireplaces, and air emergency 

episode plans. We are approving local 

rules that help regulate emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on August 

17, 2007 without further notice, unless 

EPA receives adverse comments by July 

18, 2007. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2006–0619, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

• E-mail: steckel.andrew@epa.gov. 

• Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Al 

Petersen, EPA Region IX, (415) 947–

4118, petersen.alfred@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of the rules? 

C. What are the purposes of the submitted 

rule and rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 


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C. Public comment and final action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the new or amended 

rules we are approving with the date 

that the rules were adopted by the 

WCDHD and were submitted by the 

Nevada Division of Environmental 

Protection (NDEP). 

TABLE 1.—RULES SUBMITTED

Agency Rule No. Rule title Adopted or revised Submitted 

WCDHD ....... 010.117 Definitions—‘‘Pellet Stove’’ ............................................................ 02/23/06 Revised ...................... 05/05/06 

WCDHD ....... 040.005 Visible Air Contaminants ............................................................... 02/23/06 Revised ...................... 05/05/06 

WCDHD ....... 040.051 Wood Stove/Fireplace Insert Emissions ....................................... 02/23/06 Revised ...................... 05/05/06 

WCDHD ....... 050.001 Emergency Episode Plan .............................................................. 03/23/06 Adopted ...................... 05/05/06 

On November 4, 2006, the submittal 

of May 5, 2006 was found by operation 

of law to meet the completeness criteria 

in 40 CFR part 51, appendix V, which 

must be met before formal EPA review. 

B. Are there other versions of the rules? 

We approved a version of WCDHD 

Rule 040.005 into the SIP on July 27, 

1972 (37 FR 15080). 

We approved a version of WCDHD 

Rule 050.001 into the SIP as Rules 

060.005, 060.030, 060.035, 060.040, 

060.045, 060.050, 060.055, and 060.060 

on July 27, 1972 (37 FR 15080). 

Submitted Rule 050.001 does not 

contain provisions that substantively 

relate to 060.010, 060.015, 060.020, or 

060.025. Thus, those provisions would 

remain in the applicable SIP after 

approval of Rule 050.001. Approval of 

050.001 would supersede the other 8 

rules in the 050-series that we approved 

in 1972. 

There is no version of WCDHD Rules 

010.117 or 040.051 in the SIP. 

C. What are the purposes of the 

submitted rule and rule revisions? 

Section 110(a) of the Clean Air Act 

(CAA) requires states to submit 

regulations that control volatile organic 

compounds, nitrogen oxides, particulate 

matter, sulfur oxides, and other air 

pollutants which harm human health 

and the environment. The rules were 

developed as part of the Washoe County 

District Board of Health’s program to 

control these pollutants. 

The purpose of Rule 010.117 is to 

define ‘‘pellet stove’’ for use in the rules 

below. 

The purpose of Rule 040.005 is to 

limit visible emissions from stationary 

sources. 

• The revised rule has a format 

change and two references added for 

clarity. 

The purpose of Rule 040.051 is to 

limit particulate matter and other 

pollutants (such as carbon monoxide) 

discharged into the ambient air from 

solid fuel burning devices. Rule 040.051 

would be a new rule in the SIP but was 

adopted locally several years ago and 

revised a number of times since then. 

The general purposes of the latest 

revision by Washoe County to Rule 

040.051 are to strengthen and to clarify 

the requirements of the rule. Notable 

elements of Rule 040.051 are as follows: 

• The rule provides 21 definitions for 

clarity. 

• The rule requires a PM emission 

standard for non-catalytic appliances of 

7.5 grams PM per hour and a PM 

emission standard for catalytic 

appliances of 4.1 grams PM per hour. 

• The rule requires that existing noncertified wood stoves must be removed 

or replaced with certified wood stoves 

or low emission devices upon property 

sale or transfer. 

Antique wood stoves could be 

exempted by the Control Officer on a 

case-by-case basis. 

• The rule allows, if a property is 

undergoing renovation without change 

of ownership, the existing wood stove to 

be moved and re-installed or the same 

type of fireplace to be rebuilt. 

• The rule prohibits visible emissions 

from a chimney from exceeding No. 2 

on the Ringlemann chart (40% opacity), 

except for a 15-minute startup period. 

• The rule provides a list of 12 

prohibited fuels for use in solid fuel 

burning devices. 

• The rule allows wood less than 

20% moisture to be sold for immediate 

use; wood over 20% moisture may be 

sold, providing a seasoning period to 

achieve 20% moisture is recommended 

to the buyer. 

• The rule allows no more than one 

certified wood stove or fireplace per 

acre to be installed in new construction. 

• The rule prohibits the installation 

of additional solid fuel burning devices 

in existing dwelling units or 

commercial/public property. 

• The rule provides various 

administrative requirements in order to 

enforce the standards in the rule, 

including qualifications and duties of a 

Wood Stove Inspector. 

The purpose of Rule 050.001 is to 

prevent the excessive buildup of air 

pollutants by recognizing atmospheric 

conditions conducive to such buildup 

and initiating effective remedial actions 

before the concentrations can build to 

unhealthy levels. Notable changes 

relative to the existing SIP include: 

• The rule includes new definitions 

that clarify the meaning of the rule’s 

provisions. 

• The rule includes substantially 

more protective episode criteria levels 

for carbon monoxide (CO) and ozone 

compared to the existing SIP and 

includes episode criteria levels for two 

pollutants, PM10 and PM2.5, that are not 

included in the corresponding provision 

in the existing SIP. 

• The rule no longer includes episode 

criteria level for sulfur dioxide, nitrogen 

dioxide, and hydrocarbons. 

• The rule updates the list of entities 

to be notified in the event of an alert. 

• The rule includes additional control 

actions to be taken upon declaration of 

different stages (such as the suspension 

of operation of any solid fuel burning 

device upon the declaration of a stage 1 

alert for CO, PM10 or PM2.5). 

EPA’s technical support documents 

(TSDs) have more information about 

these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

CAA) and must not relax existing 

requirements (see sections 110(l) and 

193). The WCDHD regulates a serious 

PM–10 nonattainment area where 

significant sources of PM–10 must fulfill 

the requirements of Best Available 

Control Measures (BACM), including 

Best Available Control Technology 

(BACT) (see section 189(b)). Rule 

040.005 regulates significant source 

categories and must fulfill the 

requirements of BACM/BACT. Rule 

040.051 regulates a significant source 

category of PM–10 according to the 

Revisions to the PM–10 State 

Implementation Plan for the Truckee 

Meadows Air Basin (August 2002) (2002 


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Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations 33399 

Plan) and must fulfill the requirements 

of BACM/BACT. 

Guidance and policy documents that 

we used to help evaluate specific 

enforceability and BACM/BACT 

requirements consistently include the 

following: 

• Requirements for Preparation, 

Adoption, and Submittal of 

Implementation Plans, U.S. EPA, 40 

CFR part 51. 

• PM–10 Guideline Document (EPA–

452/R–93–008). 

• Technical Information Document 

for Residential Wood Combustion Best 

Available Control Measures (EPA–450/ 

2–92–002). 

• Minimum BACM/RACM Control 

Measures for Residential Wood 

Combustion Rules, EPA Region IX 

(March 22, 2007). 

B. Do the rules meet the evaluation 

criteria? 

We believe the rules are consistent 

with the relevant EPA rules, policy, and 

guidance regarding enforceability, SIP 

relaxations, BACM/BACT, and 

emergency episode plans. Specifically, 

we find amended WCDHD Rule 040.005 

to be acceptable because it meets 

BACM, is relied upon in both the PM–

10 and CO plans for Truckee Meadows, 

and is reasonably enforceable. We find 

the amended emergency episode plan 

recodified as WCDHD Rule 050.001 to 

be acceptable because it meets the 

applicable requirements for such plans 

in 40 CFR part 52, subpart H, is an 

improvement over the related existing 

SIP, and is relied upon by the PM–10 

and CO plans for Truckee Meadows. 

The TSDs have more information on 

our evaluation. 

C. Public comment and final action 

As authorized in section 110(k)(3) of 

the CAA, EPA is fully approving the 

submitted WCDHD Rules 010.117, 

040.005, 040.051, and 050.001 because 

we believe they fulfill all relevant 

requirements. We do not think anyone 

will object to this approval, so we are 

finalizing it without proposing it in 

advance. However, in the Proposed 

Rules section of this Federal Register, 

we are simultaneously proposing 

approval of the same submitted rules. If 

we receive adverse comments by July 

18, 2007, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that the direct final 

approval will not take effect and we will 

address the comments in a subsequent 

final action based on the proposal. If we 

do not receive timely adverse 

comments, the direct final approval will 

be effective without further notice on 

August 17, 2007. This will incorporate 

these rules into the federally enforceable 

SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. 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). This action 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. section 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 August 17, 2007. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Particulate 


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33400 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations 

1U.S. EPA (1996), Guidance on Use of Modeled 

Results to Demonstrate Attainment of the Ozone 

NAAQS, EPA–454/B–957–007, (June 1996), Web 

site: http://www.epa.gov/ttn/scram/ (file name: 

‘‘O3TEST’’). 

matter, Reporting and recordkeeping 

requirements. 

Dated: May 9, 2007. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart DD—Nevada 

■ 2. Section 52.1470 is amended by 

adding paragraph (c)(63) to read as 

follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(63) New or amended regulations 

were submitted on May 5, 2006, by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Washoe County District Health 

Department. 

(1) Rules 010.117, 040.005, and 

040.051, revised on February 23, 2006, 

and Rule 050.001, adopted on March 23, 

2006. 

[FR Doc. E7–11578 Filed 6–15–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2006–0930; A–1–FRL–

8327–9] 

Approval of Implementation Plan; 

Connecticut; Commitment to Submit 

Mid-Course Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of commitment 

fulfillment. 

SUMMARY: Notice is hereby given that 

the State of Connecticut has fulfilled the 

enforceable commitments it made to 

EPA to complete a mid-course review 

(MCR) assessing whether two one-hour 

ozone nonattainment areas are, or are 

not, making sufficient progress toward 

attainment of the one-hour ozone 

standard under the Clean Air Act 

(CAA). The two areas are the 

Connecticut portion of the New YorkNorthern New Jersey-Long Island 1-hour 

ozone nonattainment area, and the 

Greater Connecticut 1-hour ozone 

nonattainment area. EPA has reviewed 

the MCR documents submitted by 

Connecticut and has determined that 

Connecticut has met the commitment to 

perform these MCRs. EPA has sent a 

letter to Connecticut finding that their 

MCRs fulfill the commitment made by 

Connecticut in their 1-hour ozone 

attainment demonstrations. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR–

2006–0930. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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 through 

www.regulations.gov or in hard copy at 

the 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 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, 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–

1664. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

EPA’s findings letter and Technical 

support Document (TSD) and the State’s 

mid-course review (MCR) submittal are 

available at the Regional Office, which 

is identified in the ADDRESSES section 

above. 

II. Further Information 

A. Background 

EPA’s 1996 modeling guidance 1

recognized the need to perform a MCR 

as a means for addressing uncertainty in 

the modeling results. In its December 

16, 1999 proposed rulemakings on the 

1-hour ozone attainment demonstrations 

for ten ozone nonattainment areas (see 

one example at 64 FR 70348), EPA 

stated that because of the uncertainty in 

long-term projections, an attainment 

demonstration that relies on weight of 

evidence needs to contain provisions for 

periodic review of monitoring, 

emissions, and modeling data to assess 

the extent to which refinements to 

emission control measures are needed. 

In those December 16, 1999 proposed 

rulemakings, EPA set forth its 

framework for reviewing and processing 

1-hour ozone attainment demonstrations 

and one element of that framework was 

a commitment for a MCR. 

A MCR provides an opportunity for 

the state and EPA to assess if a 

nonattainment area is, or is not, making 

sufficient progress toward attainment of 

the one-hour ozone standard. The MCR 

should utilize air quality monitoring 

and other data to assess whether the 

control measures relied on in a SIP’s 

attainment demonstration have resulted 

in adequate improvement of the ozone 

air quality. The EPA believes that a 

MCR is a critical element in any 

attainment demonstration that employs 

a long-term projection period and relies 

on a weight-of-evidence test. The 

commitment to perform a MCR was 

required before EPA would approve 

most 1-hour ozone attainment 

demonstrations. Moreover, even though 

the 1-hour ozone standard has been 

revoked by EPA (70 FR 44470, June 15, 

2005), the anti-backsliding provisions of 

EPA’s 8-hour ozone implementation 

rule (69 FR 23951, April 30, 2004) 

continue to require areas with 

outstanding commitments to perform a 

1-hour MCR to do so. 

The two 1-hour ozone nonattainment 

areas in Connecticut that are the subject 

of this notice are the Connecticut 

portion of the New York-Northern New 

Jersey-Long Island ozone nonattainment 

area and the Greater Connecticut 1-hour 

ozone nonattainment area. The one-hour 

attainment demonstration for the 

Connecticut portion of the New YorkNorthern New Jersey-Long Island ozone 

nonattainment area, with the 

commitment to perform a MCR, was 

approved in 66 FR 63921, published on 

December 11, 2001. This area also had 

an emissions shortfall. Connecticut 

adopted additional control measures to 

fill this shortfall. EPA approved these 

measures as fulfilling the shortfall in a 

previous rulemaking. See 71 FR 51761 

(August 31, 2006). The one-hour 

attainment demonstration for the 

Greater Connecticut 1-hour ozone 

nonattainment area, with the 

commitment to perform a MCR, was 

approved in 66 FR 634, published on 

January 3, 2001. 


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