Clean Air Act Promulgation of Extension of Attainment Date for Ozone Nonattainment Area; Maine

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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