[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Proposed Rules]
[Pages 27247-27251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13119]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-6014-3]
Identification of Additional Ozone Areas Attaining the 1-Hour
Standard and to Which the 1-Hour Standard is No Longer Applicable
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA proposes to approve the identification of additional
ozone areas attaining the 1-hour standard and to which the 1-hour
standard is no longer applicable. Thus, upon finalization of this
proposed action, the Code of Federal Regulations for ozone will be
amended to reflect such changes. Today's action is being proposed in
direct response to the President's memorandum of July 16, 1997. The
President's memorandum directed EPA to publish an action identifying
ozone areas to which the 1-hour standard will cease to apply because
they have not measured a current violation of the 1-hour standard. For
all other areas, the 1-hour standard will continue to apply.
Furthermore, this action is being taken as indicated in the direct
final rule published on January 16, 1998, which due to the receipt of
adverse comments, was subsequently converted to a proposal and was
withdrawn on March 16, 1998. According to the direct final rule, the
Agency intended to publish, in early 1998, a subsequent document which
takes similar action to revoke the 1-hour standard in additional areas
that have air quality that does not violate the 1-hour standard.
Today's proposed action identifies six additional areas where the 1-
hour standard will no longer apply. The additional proposed areas are:
Dayton-Springfield, Ohio; Detroit-Ann Arbor, Michigan; Warrick County,
Indiana; Grand Rapids, Michigan; Poughkeepsie, New York, and Morgan
County, Kentucky.
DATES: To be considered, comments must be received on or before June
17, 1998.
ADDRESSES: Comments should be submitted (in duplicate, if possible) to:
Air and Radiation Docket and Information Center (6101), Attention:
Docket No. A-98-19, U.S. Environmental Protection Agency, 401 M Street
SW, Room M-1500, Washington, DC 20460, telephone (202) 260-7548,
between 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding legal
holidays. A reasonable fee may be charged for copying. Comments and
data may also be submitted electronically by following the instructions
under
SUPPLEMENTARY INFORMATION of this document. No confidential
business information (CBI) should be submitted through e-mail.
FOR FURTHER INFORMATION CONTACT: Questions concerning this notice
should be addressed to Annie Nikbakht (policy) or Barry Gilbert (air
quality data), Office of Air Quality Planning and Standards, Air
Quality Strategies and Standards Division, Ozone Policy and Strategies
Group, MD-15, Research Triangle Park, NC 27711, telephone (919) 541-
5246/5238. In addition, the following Regional contacts may be called
for individual information regarding monitoring data and policy matters
specific for each Regional Office's geographic area:
[[Page 27248]]
Region I--Richard P. Burkhart, (617) 565-3578
Region II--Ray Werner, (212) 637-3706
Region III--Marcia Spink, (215) 566-2104
Region IV--Kay Prince, (404) 562-9026
Region V--Todd Nettesheim, (312) 353-9153
Region VI--Lt. Mick Cote, (214) 665-7219
Region VII--Royan Teter, (913) 551-7609
Region VIII--Tim Russ, (303) 312-6479
Region IX--Morris Goldberg, (415) 744-1296
Region X--William Puckett, (206) 553-1702.
SUPPLEMENTARY INFORMATION: Electronic Availability--The official record
for this proposed rule, as well as the public version, has been
established under docket number A-98-19 (including comments and data
submitted electronically as described below). A public version of this
record, including printed, paper versions of electronic comments, which
does not include any information claimed as CBI, is available for
inspection from 8:00 a.m. to 4:00 p.m., Monday through Friday,
excluding legal holidays. The official proposed rulemaking record is
located at the address in ADDRESSES at the beginning of this document.
Electronic comments can be sent directly to EPA at: A-and-R-
Docket@epamail.epa.gov. Electronic comments must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Comments and data will also be accepted on disks in
WordPerfect in 5.1 file format or ASCII file format. All comments and
data in electronic form must be identified by the docket number A-98-
19. Electronic comments on this proposed rule may be filed online at
many Federal Depository Libraries.
Table of Contents
I. Background
II. Summary of Today's Action
III. Analysis of Air Quality Data
IV. Tables
V. Other Regulatory Requirements
A. Executive Order 12866
B. Regulatory Flexibility Act
C. E.O. 12875 and Unfunded Mandates
D. Children's Health Protection
I. Background
On July 16, 1997, the President issued a memorandum (62 FR 38421,
July 18, 1997) to the Administrator of the EPA which indicates that
within 90 days of promulgation of the new 8-hour standard, the EPA will
publish an action identifying ozone areas to which the 1-hour standard
will cease to apply. The memorandum states that for areas where the air
quality does not currently attain the 1-hour standard, the 1-hour
standard will continue in effect. The provisions of subpart 2 of title
I of the Clean Air Act (CAA) would also apply to currently designated
nonattainment areas until such time as each area has air quality
meeting the 1-hour standard.
On July 18, 1997 (62 FR 38856), EPA promulgated a regulation
replacing the 1-hour ozone standard with an 8-hour standard at a level
of 0.08 parts per million (ppm). The form of the 8-hour standard is
based on the 3-year average of the annual fourth-highest daily maximum
8-hour average ozone concentrations measured at each monitor within an
area. The new primary standard, which became effective on September 16,
1997, will provide increased protection to the public, especially
children and other at-risk populations. On July 18, 1997, EPA also
announced that revocation of the 1-hour ozone national ambient air
quality standard (NAAQS) would be delayed until areas achieved
attainment of the 1-hour NAAQS. This was done in order to facilitate
continuity in public health protection during the transition to the new
NAAQS.
Therefore, on January 16, 1998, according to the President's
memorandum, the Agency issued a direct final rule (63 FR 2726) which
identified ozone areas to which the 1-hour standard will cease to apply
because they have not measured a current violation of the 1-hour
standard. For all other areas, the 1-hour standard will continue to
apply. However, due to the receipt of adverse comments, the direct
final action was withdrawn on March 16, 1998 (63 FR 12652) and
converted to a proposed rule that had previously been published on
January 16, 1998 (63 FR 2804). The Agency will summarize and address
all relevant public comments received in a subsequent final rule.
According to the initial direct final rule, the Agency intended to
publish, in early 1998, a subsequent document which takes similar
action to revoke the 1-hour standard in additional areas that have air
quality that does not violate the 1-hour standard and to take similar
action each year thereafter.
II. Summary of Today's Action
The purpose of this document is to propose the revocation of the 1-
hour standard in six additional areas that EPA has determined are not
violating the 1-hour standard. The newly identified areas are: Dayton-
Springfield, Ohio; Detroit-Ann Arbor, Michigan; Warrick County,
Indiana; Grand Rapids, Michigan; Poughkeepsie, New York, and Morgan
County, Kentucky.
III. Analysis of Air Quality Data
This action, proposing to revoke the 1-hour standard in additional
selected areas, is based upon analysis of quality-assured, ambient air
quality monitoring data showing no violations of the 1-hour ozone
standard. The method for determining attainment of the ozone NAAQS is
contained in 40 CFR part 50.9 and Appendix H to that section. The level
of the 1-hour primary and secondary NAAQS for ozone is 0.12 ppm.
The 1-hour standard no longer applies to an area once EPA
determines that the area has air quality not violating the 1-hour
standard. Determinations for this notice were based upon the most
recent data available, i.e., 1995-1997 data. Detailed air quality data
information used for today's determinations is contained in the
Technical Support Document (TSD) to Docket No. A-98-19.
IV. Tables
The ozone tables proposed in today's action are significantly
different from the tables now included in 40 CFR part 81. The current
40 CFR part 81 designation listings (revised as of November 6, 1991)
include, by State and NAAQS pollutant, a brief description of areas
within the State and their respective designation. Today's proposed
action includes completely new entries for certain ozone areas
indicating where the 1-hour standard no longer applies.
V. Other Regulatory Requirements
A. Executive Order 12866
Under Executive Order 12866, (58 FR 51735 (October 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Office of Management and Budget has exempted this
regulatory action from Executive Order 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601 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),
unless EPA certifies 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. I hereby
certify that
[[Page 27249]]
this rule will not have a significant impact on a substantial number of
small entities.
C. E.O. 12875 and Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(UMRA), 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.
The EPA has determined that today's action, if finalized, would 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. Children's Health Protection
This proposed rule is not subject to E.O. 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it does not involve
decisions on environmental health risks or safety risks that may
disproportionately affect children.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 12, 1998.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter 1, part
81, of the Code of Federal Regulations is proposed to be 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. 81.315, the table entitled ``Indiana--Ozone'' is amended
by revising the entry for ``Warrick County'' and adding footnote 2 to
read as follows:
Sec. 81.315 Indiana.
* * * * *
Indiana--Ozone
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Designation Classification
Designated area ----------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * *
Warrick County Area:
Warrick County....................... ........... 1 hr. std. N.A.\2\............ ........... ...........
* * * * * *
*
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\1\ This date is the effective date of the final.
\2\ 1 hour standard Not Applicable.
* * * * *
3. In Sec. 81.318, the table entitled ``Kentucky--Ozone'' is
amended by revising the entry for ``Morgan County'' and adding footnote
3 to read as follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky--Ozone
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Designation Classification
Designated area ----------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * *
Morgan County Area:
Morgan County........................ ........... 1 hr. std. N.A.\3\............ ........... ...........
* * * * * *
*
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\1\ This date is the effective date of the final.
\3\ 1 hour standard Not Applicable.
* * * * *
4. In Sec. 81.323, the table entitled ``Michigan-Ozone'' is amended
by revising the entries for ``Detroit-Ann Arbor Area'' and ``Grand
Rapids Area'' and adding footnote 2 to read as follows:
Sec. 81.323 Michigan.
* * * * *
[[Page 27250]]
Michigan--Ozone
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Designation Classification
Designated area ----------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * *
Detroit-Ann Arbor Area:
Livingston County.................... ........... 1 hr. std. N.A.\2\............ ........... ...........
Macomb County........................ ........... 1 hr. std. N.A.\2\............ ........... ...........
Monroe County........................ ........... 1 hr. std. N.A.\2\............ ........... ...........
Oakland County....................... ........... 1 hr. std. N.A.\2\............ ........... ...........
St. Clair County..................... ........... 1 hr. std. N.A.\2\............ ........... ...........
Washtenaw County..................... ........... 1 hr. std. N.A.\2\............ ........... ...........
Wayne County......................... ........... 1 hr. std. N.A.\2\............ ........... ...........
* * * * * *
*
Grand Rapids Area:
Kent County.......................... ........... 1 hr. std. N.A.\2\............ ........... ...........
Ottawa County........................ ........... 1 hr. std. N.A.\2\............ ........... ...........
* * * * * *
*
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\1\ This date is the effective date of the final.
\2\ 1 hour standard Not Applicable.
* * * *
5. In Sec. 81.333, the table entitled ``New York--Ozone'' is
amended by revising the entry for ``Poughkeepsie Area'' and revising
footnote 2 to read as follows:
Sec. 81.333 New York.
* * * * *
New York--Ozone
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Designation Classification
Designated area ----------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Poughkeepsie Area:
Dutchess County...................... ........... 1 hr.std.N.A.\2\.............. ........... ...........
Orange County (remainder)............ ........... 1 hr.std.N.A.\2\.............. ........... ...........
Putnam County........................ ........... 1 hr.std.N.A.\2\.............. ........... ...........
* * * * * *
*
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\1\ This date is the effective date of the final.
\2\ 1 hour standard Not Applicable.
* * * * *
6. In Sec. 81.336, the table entitled ``Ohio--Ozone'' is amended by
revising the entry for ``Dayton-Springfield Area'' and adding footnote
3 to read as follows:
Sec. 81.336 Ohio.
* * * * *
Ohio-Ozone
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Designation Classification
Designated area ----------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Dayton-Springfield Area:
Clark County......................... ........... 1 hr.std.N.A.\3\.............. ........... ...........
Greene County........................ ........... 1 hr.std.N.A.\3\.............. ........... ...........
Miami County......................... ........... 1 hr.std.N.A.\3\.............. ........... ...........
Montgomery County.................... ........... 1 hr.std.N.A.\3\.............. ........... ...........
* * * * * *
*
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\1\ This date is the effective date of the final.
\3\ 1 hour standard Not Applicable.
[[Page 27251]]
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[FR Doc. 98-13119 Filed 5-15-98; 8:45 am]
BILLING CODE 6560-50-P
