[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Rules and Regulations]
[Pages 33351-33353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-10628]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[A-1-FRL-5249-5]
Clean Air Act Promulgation of Extension of Attainment Date for
Ozone Nonattainment Area; Maine
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is extending the attainment date for the Hancock and Waldo
Counties, a marginal ozone nonattainment area in Maine to November 15,
1994. This extension is based in part on monitored air quality readings
for the national ambient air quality standard for ozone during 1993.
This notice also updates tables in 40 CFR 52.1024 and 40 CFR 81.320
concerning attainment dates in the State of Maine.
EFFECTIVE DATE: This extension becomes effective July 28, 1995.
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: On Feb. 22, 1995 (60 FR 9813), EPA published
a notice of proposed rulemaking (NPR) for the State of Maine. The NPR
proposed extending the attainment deadline for ozone for Hancock and
Waldo Counties, and asked for public comment. No comments were
received.
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 notices, 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 [[Page 33352]] 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
On February 22, 1994 (60 FR 9813) EPA proposed 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 received no comments on this proposal.
Today EPA is granting the request for extension. Accordingly, EPA
is proposing to establish a new attainment date for the Hancock and
Waldo Counties, Maine area as November 15, 1994.
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.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: May 22, 1995.
John P. DeVillars,
Regional Administrator, Region I.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart U--Maine
2. Section 52.1024 is revised to read as follows:
Sec. 52.1024 Attainment dates for national standards.
The following table presents the latest dates by which the national
standards are to be attained.
Attainment Dates Established by Clean Air Act of 1990
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Pollutant
-------------------------------------------------------
Air quality control region and nonattainment area SO2
-------------------- PM-10 NO2 CO O3
Primary Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 107:
Androscoggin County................................. (a) (b) (a) (a) (a) (g)
Kennebec County..................................... (a) (b) (a) (a) (a) (g)
Knox County......................................... (a) (b) (a) (a) (a) (g)
Lincoln County...................................... (a) (b) (a) (a) (a) (g)
Waldo County........................................ (a) (b) (a) (a) (a) (d)
Oxford Cnty. (Part) See 40 CFR 81.320............... (a) (b) (a) (a) (a) (e)
Franklin Cnty. (Part) See 40 CFR 81.320............. (a) (b) (a) (a) (a) (e)
Somerset Cnty. (Part) See 40 CFR 81.320............. (a) (b) (a) (a) (a) (e)
AQCR 108:
Aroostook Cnty. (Part) See 40 CFR 81.320............ (a) (b) (c) (a) (a) (a)
Remainder of AQCR................................... (a) (b) (a) (a) (a) (a)
AQCR 109:
Hancock County...................................... (a) (b) (a) (a) (a) (d)
Millinocket......................................... (e) (e) (a) (a) (a) (a)
Remainder of AQCR................................... (a) (b) (a) (a) (a) (a)
AQCR 110:
York County......................................... (a) (b) (a) (a) (a) (g)
Cumberland County................................... (a) (b) (a) (a) (a) (g)
Sagadahoc County.................................... (a) (b) (a) (a) (a) (g)
Oxford Cnty. (Part) See 40 CFR 81.320............... (a) (b) (a) (a) (a) (e)
AQCR 111................................................ (a) (b) (a) (a) (a) (a)
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a Air quality levels presently below primary standards or area is unclassifiable.
[[Page 33353]]
b Air quality levels presently below secondary standards or area is unclassifiable.
c 12/31/94.
d 11/15/94 (one-year extension granted).
e 11/15/95.
g 11/15/96.
