[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Pages 18526-18528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9862]
[[Page 18526]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-5809-5]
Clean Air Act Promulgation of Extension of Attainment Date for
the Portland, Maine Moderate Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is extending the attainment date for the Portland, Maine
moderate ozone nonattainment area from November 15, 1996 to November
15, 1997. This extension is based in part on monitored air quality
readings for the national ambient air quality standard (NAAQS) for
ozone during 1996. Accordingly, EPA is updating the table in 40 CFR
part 81 concerning attainment dates for the State of Maine.
DATES: This extension becomes effective June 2, 1997 unless before May
16, 1997 adverse or critical comments are received. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection (mail code CAA), U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, One Congress Street, 11th floor, Boston, MA 02203; and the
Bureau of Air Quality Control, Department of Environmental Protection,
71 Hospital Street, Augusta, ME 04333. Persons interested in examining
these documents should make an appointment with the appropriate office
at least 24 hours before the visiting day.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, U.S.
Environmental Protection Agency, Region I, One Congress Street, 11th
floor, Boston, MA 02203, (617) 565-3578.
SUPPLEMENTARY INFORMATION:
Request for Attainment Date Extension for the Portland Area
On November 1, 1996, the State of Maine requested a one-year
attainment date extension for the Portland moderate ozone nonattainment
area. This area, which consists of York, Cumberland and Sagadahoc
counties, is currently designated a moderate ozone nonattainment area.
The statutory ozone attainment date, as prescribed by section 181(a) of
the Clean Air Act as amended in 1990 (``the Act''), was November 15,
1996.
CAA Requirements and EPA Actions Concerning Designation and
Classification
Section 107(d)(4) of the Act 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) 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. The Portland ozone
nonattainment area was designated nonattainment and classified moderate
for ozone pursuant to 56 FR 58694 (Nov. 6, 1991). By this
classification, its attainment date became November 15, 1996. A
discussion of the attainment dates is found in 57 FR 13498 (April 16,
1992) (the General Preamble).
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 moderate
nonattainment areas, the three-year period is 1994-1996. 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: (1) The State
requests a one-year extension, (2) all requirements and commitments in
the EPA-approved SIP for the area have been complied with, and (3) 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 has determined that the requirements for a one-year extension
of the attainment date have been fulfilled as follows:
(1) Maine has formally submitted the attainment date extension
request.
(2) Maine is currently implementing the EPA-approved SIP.
(3) Maine has certified that the area has monitored no
exceedances during 1996.
Therefore, EPA approves Maine's attainment date extension request
for the Portland ozone nonattainment area. As a result, the chart in 40
CFR 81.320 entitled ``Maine--Ozone'' is being modified to reflect EPA's
approval of Maine's attainment date extension request for the Portland
area. Further details are available in the Technical Support Document
for this action.
EPA Action
EPA is approving the attainment date extension for the Portland
moderate ozone nonattainment area from November 15, 1996 to November
15, 1997 without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comments.
However, in a separate document in this Federal Register
[[Page 18527]]
publication, EPA is proposing to approve this part 81 action should
adverse or critical comments be filed. This action will be effective
June 2, 1997 unless, by May 16, 1997, adverse or critical comments are
received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on June 2, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation.
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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.
Extension of an area's attainment date under the CAA does not
impose any new requirements on small entities. Extension of an
attainment date is an action that affects a geographical area and does
not impose any regulatory requirements on sources. EPA certifies that
the approval of the attainment date extension will not affect a
substantial number of small entities.
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under Section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) of the Regulatory Flexibility Act as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, EPA submitted 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 General Accounting Office prior to
publication of the rule in today's Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
E. Petitions for Judicial Review
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 June 16, 1997. 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 to grant Maine an extension to attain the
ozone NAAQS in the Portland ozone nonattainment area as defined in 40
CFR 81.320 may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).) EPA encourages interested
parties to comment in response to the proposed rule rather than
petition for judicial review unless the objection arises after the
comment period allowed for in the proposal.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: April 3, 1997.
John DeVillars,
Regional Administrator, Region I.
Part 81 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.320 the ozone table is amended by revising the entry
for Portland area to read as follows:
Sec. 81.320 Maine.
* * * * *
Maine--Ozone
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Designation Classification
Designated area -------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
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* * * * * *
*
Portland Area:
Cumberland County........... ........... Nonattainment.................. ........... Moderate.\2\
Sagadahoc County............ ........... Nonattainment.................. ........... Moderate.\2\
[[Page 18528]]
York County................. ........... Nonattainment.................. ........... Moderate.\2\
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*
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\1\ This date is November 15, 1990, unless otherwise noted.
\2\ Attainment date extended to November 15, 1997.
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[FR Doc. 97-9862 Filed 4-15-97; 8:45 am]
BILLING CODE 6560-50-P
