[Federal Register Volume 64, Number 110 (Wednesday, June 9, 1999)]
[Rules and Regulations]
[Pages 30911-30917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14595]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-6344-4]
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Standard and to Which the 1-Hour Standard is No Longer Applicable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: Final rule.
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SUMMARY: On December 17, 1998, the EPA published a proposal to identify
ten additional ozone areas where the 1-hour standard is no longer
applicable. The 30-day comment period ended on January 19, 1999. A
total of six comment letters were received in response to the proposal.
This final rule summarizes the comments, includes responses, and
finalizes the determination that the 1-hour standard no longer applies
for ten additional areas identified in this final rule. Furthermore,
today's final rule stops any sanctions or Federal implementation plan
(FIP) clocks that may have been started in these ten areas and that
related to the planning requirements of section 182. With finalization
of this rule, the Code of Federal Regulations (CFR) is amended to
reflect such changes. On July 18, 1997, EPA provided by rule that the
1-hour ozone standard would no longer apply to an area based on an EPA
determination that the area has attained that standard. Since the 1-
hour standard no longer applies to these areas, designations for that
standard also no longer apply. The 1-hour standard and designations for
that standard will continue to apply to areas for which EPA has not
made a determination through rulemaking. The EPA has promulgated final
rules regarding the applicability of the 1-hour standard for other
areas on June 5, 1998 and July 22, 1998. The ten additional areas
identified in today's final rule where EPA has determined the 1-hour
standard no longer applies, based on the most recent air quality data
available from 1996-1998, are: Boston-Lawrence-Worcester (E.MA),
Massachusetts-New Hampshire; Memphis, Tennessee; Muskegon, Michigan;
Portland, Maine; Portsmouth-Dover-Rochester, New Hampshire; Providence
(All RI), Rhode Island; Allegan County, Michigan; Oceana County,
Michigan; Mason County, Michigan; Door County, Wisconsin.
EFFECTIVE DATE: This action will be effective June 9, 1999.
ADDRESSES: Copies of the public comments and EPA's responses are
available for inspection at the following address: Air and Radiation
Docket and Information Center (6101), Attention: Docket No. A-98-48,
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
5:30 p.m., Monday through Friday, excluding legal holidays. A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Questions concerning this final rule
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:
Region I--Richard P. Burkhart, (617) 918-1664
Region IV--Kay Prince, (404) 562-9026
Region V--Todd Nettesheim, (312) 353-9153.
SUPPLEMENTARY INFORMATION: Electronic Availability--The official record
for this final rule, as well as the public version, has been
established under docket number A-98-48 (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 confidential business
information, is available for inspection from 8:00 a.m. to 5:30 p.m.,
Monday through Friday, excluding legal holidays. The official final
rulemaking record is located at the address in ADDRESSES at the
beginning of this document.
Table of Contents
I. Background
II. Summary of Today's Action
III. Public Comments and EPA Responses
IV. Final Rulemaking Action
V. Other Regulatory Requirements
A. Executive Order 12866: Regulatory Impact Analysis
B. Regulatory Flexibility Act
C. Unfunded Mandates
D. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
E. Executive Order 12875: Enhancing the Intergovernmental
Partnership
F. Executive Order 13084: Consultation and Coordination With
Indian Tribal Governments
G. Paperwork Reduction Act
H. Executive Order 12898: Environmental Justice
I. National Technology Transfer and Advancement Act
J. Submission to Congress and the General Accounting Office
I. Background
On July 16, 1997, President Clinton 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 (Act) 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
promulgated regulations providing that revocation of the 1-hour ozone
national ambient air quality standard (NAAQS) would occur on an area-
by-area basis when EPA determined that an area was meeting 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, in accordance with the President's
memorandum and the regulations promulgated on July 18, 1997, 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
[[Page 30912]]
12652) and converted to a proposed rule that had previously been
published on January 16, 1998 (63 FR 2804). The Agency summarized and
addressed all relevant public comments in a subsequent final rule,
published and effective on June 5, 1998 (63 FR 31014). According to the
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.
Again, on July 22, 1998, the EPA published a final rule to approve
the identification of six additional ozone areas attaining the 1-hour
standard and to which the 1-hour standard no longer applies (63 FR
39432).
On December 17, 1998, the EPA published a proposal to approve the
identification of ten additional ozone areas attaining the 1-hour
standard and to which the 1-hour standard is no longer applicable (63
FR 69598). Comments were received on the proposal during the comment
period ending on January 19, 1999.
II. Summary of Today's Action
The purpose of this document is to respond to comments received on
the December 17th proposed rule and finalize the identification of the
ten additional areas that EPA has determined are not violating the 1-
hour standard and, therefore, with respect to which the 1-hour standard
no longer applies. The newly identified areas are: Boston-Lawrence-
Worcester (E.MA), Massachusetts-New Hampshire; Memphis, Tennessee;
Muskegon, Michigan; Portland, Maine; Portsmouth-Dover-Rochester, New
Hampshire; Providence (All RI), Rhode Island; Allegan County, Michigan;
Oceana County, Michigan; Mason County, Michigan; Door County,
Wisconsin.
III. Public Comments and EPA Responses
The following discussion summarizes and responds to the comments
received on the proposal published on December 17, 1998 (63 FR 69598).
Comment: The commenter raised concerns that upon finalization of
the revocation of the 1-hour standard, the areas would no longer be
subject to any sanctions or FIP clocks started pursuant to sections 110
or 179 of the Clean Air Act (CAA) and 40 CFR 52.31 with respect to
planning requirements under section 182. Furthermore, the commenter
states that finalization of such revocation actions for Massachusetts,
New Hampshire, Maine, and Rhode Island pose questions as to the
validity of the section 126 petitions that have been filed by these
States. Accordingly, the commenter believes that the section 126
petitions should be denied and supports today's final rule to revoke
the 1-hour standard in the listed States' areas where the data
demonstrate the 1-hour standard has been attained.
Response: Today's final rule is simply a determination by EPA that
the 1-hour standard no longer applies in these ten listed areas where
attainment of the 1-hour standard has been demonstrated. Therefore, it
does not address the issue of whether section 126 petitions filed on
behalf of the above States should or should not be granted. Final
decisions regarding the section 126 petitions, filed by States affected
by today's action, were promulgated on April 30, 1999. The FIP and
sanctions obligations under sections 110 and 179 of the CAA are
triggered with respect to ``required submissions.'' At the time that
EPA revokes the 1-hour standard for an area, the area is no longer
designated for that standard and the nonattainment planning
requirements of section 182, which are exclusively linked to that
standard are no longer ``required'' for the area. Thus, there is no
longer a need for EPA to promulgate a FIP for the area or to impose
sanctions for the purpose of encouraging the State to submit a section
182 State implementation plan (SIP). The EPA previously has taken this
identical interpretation of the CAA in the redesignation context. See
e.g., 62 FR 32204, 32206 (June 13, 1997).
Comment: Several commenters voiced opposition to the determination
that the 1-hour standard no longer applies to the ten areas since the
areas did not follow the redesignation process under section
107(d)(3)(E) of the CAA, particularly, the requirements for permanent
and enforceable reductions in emissions and maintenance plans. In
addition, the commenters believe that EPA's action is arbitrary,
capricious, an abuse of discretion, and contrary to required
procedures. They are fearful that important programs such as reasonably
available control technology and enhanced inspection and maintenance
may be opposed in certain Ozone Transport Region (OTR) States.
Moreover, they are concerned that conformity determinations, as
required under section 176, whereby highway and other transportation
programs are evaluated based on the area's current and long-term air
quality goals would no longer be performed due to the lack of
maintenance plans with definite budgets. They advocate that areas
should prepare maintenance plans to ensure continued improvement in air
quality. The commenters also claim that EPA violated the procedural
requirements of section 307 of the CAA and the Administrative Procedure
Act. In addition, the commenters assert that this rule is contrary to
EPA's proposed interim implementation policy on the new or revised
ozone and particulate matter national ambient air quality standards
(NAAQS), which was published at the same time as the proposed revision
to the ozone NAAQS.
Response: The Agency has previously addressed these concerns in
earlier final actions on the determination that the 1-hour standard no
longer applies (i.e., 63 FR 31014, June 5, 1998 and 63 FR 39432, July
22, 1998). The EPA's final ozone rule, which was promulgated after the
proposed interim policy, provided EPA's final position on the
revocation of the 1-hour standard. Therefore, procedurally, EPA is
acting consistently with its rule establishing the procedure for
revoking the 1-hour standard. In addition, the commenters are incorrect
regarding the substance of the proposed interim policy. The commenters
contend that the proposed interim policy identified a procedure whereby
areas would need to meet the requirements of section 107(d)(3)(E) as a
prerequisite to a change in an area's attainment status. In that
policy, EPA provided that ``designations remain in effect after
promulgation of the new NAAQS until new designations are undertaken
after promulgation of the new NAAQS.'' 61 FR 65752, 65754 (Dec. 13,
1996). The EPA also discussed the ability of areas to seek
redesignation while the 1-hour standard (and related designations)
remain in effect, but did not state that the redesignation criteria of
section 107(d)(3)(E) needed to be met for designations to be removed
where the 1-hour standard is no longer applicable.
Comment: Several commenters voiced concerns that today's final rule
would in effect result in reduction of Federal funds to Massachusetts
via the Congestion Mitigation and Air Quality Improvement Program
(CMAQ) since the Massachusetts areas would no longer be in
nonattainment and would not have a maintenance plan in place. They
noted that the Federal Highway Administration's Interim CMAQ Guidance
does not provide for continued funding for areas where the standard is
revoked, and the Transportation Equity Act for the 21st Century (TEA-
21) does not provide for CMAQ funding for areas under the new 8-hour
standard. The commenters wish to explore ways to keep CMAQ funding
under the current and proposed Federal regulations. They offered a
suggestion
[[Page 30913]]
for remedying the situation which included allowing the State of
Massachusetts to voluntarily submit a maintenance plan. They believe
that such a maintenance plan would ensure proper planning for mobile
source emissions during the transition from the 1-hour standard to the
8-hour standard.
Response: The purpose of today's final rule is to determine where
areas have attained the 1-hour standard. Today's final rule does not
address eligibility for funding under CMAQ. The EPA acknowledges that
current transportation policies, as well as the recent TEA-21
legislation, do not adequately address the issue of continued funding
under CMAQ. However, EPA does not believe the suggestion for voluntary
submittal of maintenance plans would resolve the issue. The TEA-21
provides CMAQ monies only for nonattainment and maintenance areas.
Maintenance areas are defined as areas which have been redesignated
from nonattainment to attainment under 107(d) of the CAA. Having made
the determination that these Massachusetts areas have air quality that
attains the 1-hour standard and that the 1-hour standard therefore no
longer applies to those areas, EPA believes it no longer has the
authority to make any designations, either of attainment or
nonattainment, with respect to that standard for those areas. Since
redesignation is necessary for a former nonattainment area to become an
attainment area and subject to requirements for maintenance plans, the
voluntary submittal of a maintenance plan in the absence of a
redesignation to attainment would not create a maintenance area under
TEA-21. The Agency understands the commenters' concerns with respect to
loss of CMAQ funding in these areas and we will be working with the
Federal Highway Administration to explore options for future funding.
Comment: One commenter supported the Agency's assessment that Door
County, Wisconsin, is attaining the 1-hour ozone standard based on data
for the period of 1996-1998.
Response: The Agency acknowledges receipt of this letter of support
for today's final rule.
Comment: One commenter states that designations must be based on
the status of the area with regard to all applicable standards ``for
the pollutant.'' The commenter believes that an area is designated
nonattainment if either of its multiple NAAQS for a particular
pollutant is violated.
Response: EPA has historically designated areas based on the
existing health-based standard or standards for a pollutant. Thus, for
purposes of PM-10, EPA has typically had one designation though there
are two health-based standards--an annual and a 24-hour standard. For
ozone, there has historically been one health-based standard and only
one designation for the health-based ozone standard. At the time that
EPA promulgated a revised health-based standard for ozone--the new 8-
hour standard--EPA determined to retain the 1-hour standard to
facilitate the transition to the revised standard; however, EPA did not
retain the 1-hour standard as a health-based standard. At that time,
EPA indicated that it would follow the initial designation process for
designating areas for the 8-hour standard, 62 FR 38421, 38424-25 (July
18, 1997) and provided the process for revoking the 1-hour standard and
removing the designations for that standard. 62 FR 38856, 38873 (July
18, 1997).
The approach EPA chose in 1997 is supported by the language of the
CAA. Section 107(d)(1) of the CAA requires EPA to designate areas
``after promulgation of a new or revised national ambient air quality
standard for any pollutant.'' For newly promulgated or revised
standards, this provision contemplates new designations rather than
redesignations (see 107(d)(3)) or the continuation of an existing
designation (see 107(d)(4)). In addition, the provisions in section 107
and elsewhere in the CAA refer to designations for the ``national
ambient air quality standard for any pollutant.'' See e.g., CAA section
107(d)(1)(A). The phrase quoted by the commenters, ``for the
pollutant,'' modifies the clause requiring designations for NAAQS. Thus
it is appropriate for EPA to have designations for the revised health-
based NAAQS separate from those for the 1-hour NAAQS, which was
retained to facilitate the transition to the 8-hour standard but not as
a standard necessary to protect the public health or the environment.
IV. Final Rulemaking Action
The ozone tables codified in today's final rule are significantly
different from the tables now included in 40 CFR part 81 for these ten
areas. The current 40 CFR part 81 designation listings (revised
November 6, 1991; June 5, 1998; and July 22, 1998) include, by State
and NAAQS pollutant, a brief description of areas within the State and
their respective designations. Today's final rule includes completely
new entries for the ten ozone areas covered by today's rule.
V. Other Regulatory Requirements
A. Executive Order 12866: Regulatory Impact Analysis
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
the Agency must determine whether the regulatory action is
``significant'' and, therefore, subject to Office of Management and
Budget (OMB) review and the requirements of the E.O. The OMB has
exempted this regulatory action from E.O. 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. This final rule
will not have a significant impact on a substantial number of small
entities because the determination that the 1-hour standard ceases to
apply does not subject any entities to any additional requirements.
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act (UMRA) of
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.
Today's final rule will 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.
[[Page 30914]]
D. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) applies to any rule that: (1) is determined to be ``economically
significant'' as defined under E.O. 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This final rule is not subject to E.O. 13045
because this is not an economically significant regulatory action as
defined by E.O. 12866, and it implements a previously promulgated
health or safety-based Federal standard.
E. Executive Order 12875: Enhancing the Intergovernmental Partnership
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute, and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide to OMB a description of
the extent of EPA's prior consultation with representatives of the
affected State, local and tribal governments; the nature of their
concerns; copies of any written communications from the governments;
and a statement supporting the need to issue the regulation. In
addition, E.O. 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's final rule does not create a mandate on State, local or
tribal governments. The rule does not impose any enforceable duties on
these entities. Accordingly, the requirements of section 1(a) of E.O.
12875 do not apply to this rule.
F. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to OMB, in a separately identified section of the preamble to
the rule, a description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's final rule does not significantly or uniquely affect the
communities of Indian tribal governments. The identified areas are not
located in tribal lands, and this final rule does not involve or impose
any requirements that affect Indian tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
G. Paperwork Reduction Act
This final rule does not contain any information collection
requirements which requires OMB approval under the Paperwork Reduction
Act (44 U.S.C. 3501 et seq.).
H. Executive Order 12898: Environmental Justice
Under E.O. 12898 each Federal agency must make achieving
environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of its programs, policies, and
activities on minorities and low-income populations. Today's final rule
(identifying additional ozone areas where the 1-hour standard is no
longer applicable) does not adversely affect minorities and low-income
populations because the new, more stringent 8-hour ozone standard is in
effect and provides increased protection to the public, especially
children and other at-risk populations.
I. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing new regulations. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this proposed action.
Today's final rule does not require the public to perform activities
conducive to the use of VCS.
J. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A), 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).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Issued in Washington, D.C. on May 12, 1999.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I 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, et seq.
2. In Sec. 81.320, the table entitled ``Maine--Ozone (1-Hour
Standard)'' is amended by revising the entry for ``Portland Area'' and
revising footnote 2 to read as follows:
Sec. 81.320 Maine.
* * * * *
[[Page 30915]]
Maine--Ozone
[1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Portland Area:
Cumberland County............ June 9, 1999............. 1 hr.std.N.A.\2\
Sagadahoc County............. June 9, 1999............. 1 hr.std.N.A.\2\
York County.................. June 9, 1999............. 1 hr.std.N.A.\2\
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.
* * * * *
3. In Sec. 81.322, the table entitled ``Massachusetts-Ozone (1-Hour
Standard'' is amended by revising the entry for ``Boston-Lawrence-
Worcester (E.Mass) Area'' and adding footnote 2 to read as follows:
Sec. 81.322 Massachusetts.
* * * * *
Massachusetts--Ozone
[1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boston-Lawrence-Worcester
(E.Mass) Area:
Barnstable County............ June 9, 1999............. 1 hr.std.N.A. \2\
Bristol County............... June 9, 1999............. 1 hr.std.N.A. \2\
Dukes County................. June 9, 1999............. 1 hr.std.N.A. \2\
Essex County................. June 9, 1999............. 1 hr.std.N.A. \2\
Middlesex County............. June 9, 1999............. 1 hr.std.N.A. \2\
Nantucket County............. June 9, 1999............. 1 hr.std.N.A. \2\
Norfolk County............... June 9, 1999............. 1 hr.std.N.A. \2\
Plymouth County.............. June 9, 1999............. 1 hr.std.N.A. \2\
Suffolk County............... June 9, 1999............. 1 hr.std.N.A. \2\
Worcester County............. June 9, 1999............. 1 hr.std.N.A. \2\
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.
* * * * *
4. In Sec. 81.323, the table entitled ``Michigan--Ozone (1-Hour
Standard)'' is amended by revising the entries for ``Allegan County
Area'', ``Mason County Area'', ``Muskegon Area'', and ``Oceana County
Area'' to read as follows:
Sec. 81.323 Michigan.
* * * * *
Michigan--Ozone
[1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allegan County Area:
Allegan County............... June 9, 1999............. 1 hr.std.N.A.\2\
* * * * * * *
Mason County Area:
Mason County................. June 9, 1999............. 1 hr.std.N.A.\2\
* * * * * * *
Muskegon Area:
Muskegon County.............. June 9, 1999............. 1 hr.std.N.A.\2\
Oceana County Area:
Oceana County................ June 9, 1999............. 1 hr.std.N.A.\2\
[[Page 30916]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.
* * * * *
5. In Sec. 81.330, the table entitled ``New Hampshire--Ozone(1-Hour
Standard)'' is amended by revising the entry for ``Boston-Lawrence-
Worcester Area'' and ``Portsmouth-Dover-Rochester Area'' to read as
follows:
Sec. 81.330 New Hampshire.
* * * * *
New Hampshire--Ozone
[1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Boston-Lawrence-Worcester Area:
Hillsborough County (part)... June 9, 1999............. 1 hr.std.N.A.\2\
Pelham Town, Amherst
Town, Brookline Town,
Hollis Town, Hudson
Town, Litchfield Town,
Merrimack Town, Milford
Town, Mont Vernon Town,
Nashua City, Wilton
Town.
Rockingham County (part)..... June 9, 1999............. 1 hr.std.N.A.\2\
Atkinson Town, Brentwood
Town, Danville Town,
Derry Town, E Kingston
Town, Hampstead Town,
Hampton Falls Town,
Kensington Town,
Kingston Town,
Londonderry Town, Newton
Town, Plaistow Town,
Salem Town, Sandown
Town, Seabrook Town,
South Hampton Town,
Windham Town.
* * * * * * *
Portsmouth-Dover-Rochester Area:
Rockingham County June 9, 1999............. 1 hr.std.N.A.\2\
(part)..................
Exeter Town, Greenland
Town, Hampton Town, New
Castle Town, Newfields
Town, Newington Town,
Newmarket Town, North
Hampton Town, Portsmouth
City, Rye Town, Stratham
Town.
Strafford County............. June 9, 1999............. 1 hr.std.N.A.\2\
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.
* * * * *
6. In Sec. 81.340, the table entitled ``Rhode Island--Ozone (1-Hour
Standard)'' is revised to read as follows:
Sec. 81.340 Rhode Island.
* * * * *
Rhode Island--Ozone
[1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Providence (all of RI) Area:
Bristol County............... June 9, 1999............. 1 hr.std.N.A.\2\
[[Page 30917]]
Kent County.................. June 9, 1999............. 1 hr.std.N.A.\2\
Newport County............... June 9, 1999............. 1 hr.std.N.A.\2\
Providence County............ June 9, 1999............. 1 hr.std.N.A.\2\
Washington County............ June 9, 1999............. 1 hr.std.N.A.\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.
* * * * *
7. In Sec. 81.343, the table entitled ``Tennessee--Ozone (1-Hour
Standard)'' is amended by revising the entry for ``Memphis Area'' to
read as follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee--Ozone
[1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Memphis Area:
Shelby County................ June 9, 1999............. 1 hr.std.N.A.\2\
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.
* * * * *
8. In Sec. 81.350, the table entitled ``Wisconsin--Ozone (1-Hour
Standard)'' is amended by revising the entry for ``Door County Area''
to read as follows:
Sec. 81.350 Wisconsin.
* * * * *
Wisconsin--Ozone
[1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Door County Area:
Door County.................. June 9, 1999............. 1 hr.std.N.A.\2\
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.
* * * * *
[FR Doc. 99-14595 Filed 6-7-99; 10:42 am]
BILLING CODE 6560-50-P
