Clean Air Act Promulgation of Extension of Attainment Date for the Portland, Maine Moderate Ozone Nonattainment Area

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.

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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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\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]

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