Does an area have to determine whether the interim tests are more appropriate in meeting the Clean Air Act requirements if they have existing 1-hour budgets?
No. Adequate or approved 1-hour budgets can be used without making a separate determination to see if the interim emissions tests are more appropriate. NOTE:On October 20, 2006, the DC Circuit U.S. Court of Appeals vacated 40 CFR 93.109(e)(2)(v). 8-hour ozone areas that do not have adequate or approved 8-hour budgets can no longer utilize this provision to use the interim emissions tests instead of their 1-hour budgets to demonstrate conformity.
