

[Federal Register: June 18, 2007 (Volume 72, Number 116)]
[Rules and Regulations]               
[Page 33400-33401]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn07-10]                         

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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.

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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 York-Northern 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 http://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 
http://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.
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    \1\ U.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'').
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    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 York-
Northern 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.

[[Page 33401]]

B. MCR Guidance

    On March 28, 2002, EPA issued a memorandum entitled ``Mid-Course 
Review Guidance for the 1-Hour Ozone Nonattainment Areas that Rely on 
Weight-of-Evidence for Attainment Demonstration.'' Attached to that 
memorandum is a technical guidance document dated January 2002 entitled 
``Recommended Approach For Performing Mid-course Review of SIP's To 
Meet the 1-hour NAAQS for Ozone.'' http://www.epa.gov/ttn/oarpg/t1/memoranda/policymem33d.pdf
.

    The technical guidance contains three basic steps: (1) Perform an 
administrative test (e.g., demonstrate whether the appropriate emission 
limits were adopted and implemented); (2) analyze available air 
quality, meteorology, emissions and modeling data and document 
findings; and (3) document conclusions regarding whether progress 
toward attainment is being made using a weight of evidence 
determination (which may or may not include new modeling analyses).

C. Review of MCR Submittals from Connecticut

    EPA reviewed the MCR documents Connecticut submitted for the two 
areas in Connecticut required to submit an MCR. The review compared the 
MCRs with EPA guidance. EPA concluded that the two MCRs meet EPA 
guidance and fulfill the commitment Connecticut made in their one-hour 
attainment demonstrations. Specifically, both of Connecticut's MCRs 
include an emission reduction regulation review, as well as a trend 
analysis and air quality monitoring data. A TSD with more detail on 
Connecticut's MCRs and EPA's review of these MCRs has been prepared and 
is available from EPA at the address provided in the ADDRESSES section 
above.

III. Final Action

    EPA has reviewed the MCR documents submitted by Connecticut and has 
determined that Connecticut has adequately met its commitment to 
perform a MCR. This action is being taken for the following one-hour 
ozone nonattainment areas: The Connecticut portion of the New York-
Northern New Jersey-Long Island ozone nonattainment area; and the 
Greater Connecticut 1-hour ozone nonattainment area.
    EPA has sent a letter to Connecticut finding that their MCRs 
fulfill the commitment made by Connecticut in their 1-hour ozone 
attainment demonstrations. A copy of this letter is available from EPA 
at the address provided in the ADDRESSES section above.

IV. 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 a state commitment as meeting federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this action 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 finding 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 action 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 
commitment as meeting a federal standard, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This action 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 is not economically significant.
    In reviewing SIP submissions, as well as submission of reports that 
fulfill a state commitment, 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, as well as submission of reports that fulfill a state 
commitment, 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 action does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: June 6, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.
 [FR Doc. E7-11690 Filed 6-15-07; 8:45 am]

BILLING CODE 6560-50-P
