[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Proposed Rules]
[Pages 9813-9815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4295]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[A-1-FRL-5156-8]
Clean Air Act Promulgation of Extension of Attainment Date for
Ozone Nonattainment Area; Maine
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to extend by one year the attainment date for
the Hancock and Waldo Counties, Maine ozone nonattainment area, a
marginal nonattainment area. This proposal is based in part on
monitored air quality readings for the national ambient air quality
standard for ozone during 1993.
DATES: Comments on this proposal must be received by March 24, 1995.
[[Page 9814]] ADDRESSES: Comments on this proposal should be submitted
to: Linda M. Murphy, Director, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region I, JFK Federal
Bldg., Boston, MA 02203. Copies of the State submittal and EPA's
technical support document are available for public inspection during
normal business hours, by appointment at the Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region I,
One Congress Street, 10th floor, Boston, MA and the Bureau of Air
Quality Control, Department of Environmental Protection, 71 Hospital
Street, Augusta, ME 04333
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region I, JFK Federal Bldg., Boston, MA 02203. Phone: 617-565-3244.
SUPPLEMENTARY INFORMATION:
CAA Requirements and EPA Actions Concerning Designation and
Classification
Section 107(d)(4) of the Clean Air Act as amended in 1990 (CAA)
required the States and EPA to designate areas as attainment,
nonattainment, or unclassifiable for ozone as well as other pollutants
for which national ambient air quality standards (NAAQS) have been set.
Section 181(a)(1) (table 1) required that ozone nonattainment areas be
classified as marginal, moderate, serious, severe, or extreme,
depending on their air quality.
In a series of Federal Register documents, EPA completed this
process by designating and classifying all areas of the country for
ozone. See, e.g., 56 FR 58694 (Nov. 6, 1991); 57 FR 56762 (Nov. 30,
1992); 59 FR 18967 (April 21, 1994).
Areas designated nonattainment for ozone are required to meet
attainment dates specified under the Act. For areas classified marginal
through extreme, the attainment dates range from November 15, 1993
through November 15, 2010. A discussion of the attainment dates is
found in 57 FR 13498 (April 16, 1992) (the General Preamble).
The Hancock and Waldo Counties, Maine area was designated
nonattainment and classified marginal for ozone pursuant to 56 FR 58694
(Nov. 6, 1991). By this classification, its attainment date became
November 15, 1993.
CAA Requirements and EPA Actions Concerning Meeting the Attainment
Date
Section 181(b)(2)(A) requires the Administrator, within six months
of the attainment date, to determine whether ozone nonattainment areas
attained the NAAQS. For ozone, EPA determines attainment status on the
basis of the expected number of exceedances of the NAAQS over the
three-year period up to, and including, the attainment date. See
General Preamble, 57 FR 13506. In the case of ozone marginal
nonattainment areas, the three-year period is 1991-93. CAA section
181(b)(2)(A) further states that, for areas classified as marginal,
moderate, or serious, if the Administrator determines that the area did
not attain the standard by its attainment date, the area must be
reclassified upwards.
However, CAA section 181(a)(5) provides an exemption from these
bump up requirements. Under this exemption, EPA may grant up to two
one-year extensions of the attainment date under specified conditions:
Upon application by any State, the Administrator may extend for
1 additional year (hereinafter referred to as the ``Extension
Year'') the date specified in table 1 of paragraph (1) of this
subsection if--
(A) the State has complied with all requirements and commitments
pertaining to the area in the applicable implementation plan, and
(B) no more than 1 exceedance of the national ambient air
quality standard level for ozone has occurred in the area in the
year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this
paragraph for a single nonattainment area.
EPA interprets this provision to authorize the granting of a one-
year extension under the following, minimum, conditions: (i) The State
requests a one-year extension; (ii) all requirements and commitments in
the EPA-approved SIP for the area have been complied with; and (iii)
the area has no more than one measured exceedance of the NAAQS during
the year that includes the attainment date (or the subsequent year, if
a second one-year extension is requested).
EPA Action
EPA is today proposing to grant a one-year extension of the
attainment date for the Hancock and Waldo Counties, Maine nonattainment
area. Air Quality monitors for this area revealed two exceedances of
the ozone National Ambient Air Quality Standard during the three year
period from 1991 to 1993. Both exceedances occurred in 1991, at a
monitor located in Hancock County at a site operated by the National
Park Service. The site had data capture problems in both 1991 and 1992.
In 1993 the Maine Department of Environmental Protection took over
maintenance of the site and data capture improved greatly. Since 1991
the site has not had any exceedances of the NAAQS.
EPA is proposing that the requirements for a one-year extension of
the attainment date have been fulfilled as follows: (i) The State
requested a one-year extension in a letter, dated April 11, 1994, from
Governor McKernan to EPA Region I Administrator, John Devillars; (ii)
in that same letter Maine certified that the State is implementing the
EPA-approved SIP; and (iii) the area has monitored no exceedance during
1993.
Accordingly, EPA is proposing to establish a new attainment date
for the Hancock and Waldo Counties, Maine area as November 15, 1994. If
this proposal is finalized as proposed, the area would remain a
marginal ozone nonattainment area, and the requirements for EPA to
determine by May 15, 1994 whether the area has reached attainment or
whether the area should be reclassified upwards would be extended by
one year. Instead, under section 181(b)(2) of the CAA, EPA would
determine by May 15, 1995 whether the area has met its revised
attainment date based on air quality data during the years 1992-94,
except that EPA would consider a second one-year extension if requested
by the State.
Solicitation of Public Comment
As described above, EPA is proposing to extend the attainment date
of the Hancock and Waldo Counties, Maine ozone nonattainment area for
one year, until November 15, 1994. Public comment is solicited on this
proposal. All comments received by the close of the public comment
period will be considered in the development of EPA's final decision.
Regulatory Process
Under E.O. 12866, this action has been exempted from the Office of
Management and Budget's review.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000. Attainment date extensions under section 181(a)(5) of the CAA
do not create any new requirements; therefore, I certify that this
action will not have a significant impact on small entities.
[[Page 9815]]
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401-7671q.
Dated: January 25, 1995.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 95-4295 Filed 2-21-95; 8:45 am]
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