Identification of Additional Ozone Areas Attaining the 1-Hour Standard and to Which the 1-Hour Standard is No Longer Applicable

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Standard and to Which the 1-Hour Standard is No Longer Applicable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.

-----------------------------------------------------------------------

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standard is no longer applicable.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withdrawn on March 16, 1998.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-

D[email protected]. 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

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area ----------------------------------------------------------------------

Date \1\ Type Date \1\ Type

----------------------------------------------------------------------------------------------------------------

* * * * * *

Warrick County Area:

Warrick County....................... ........... 1 hr. std. N.A.\2\............ ........... ...........

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

\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

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area ----------------------------------------------------------------------

Date \1\ Type Date \1\ Type

----------------------------------------------------------------------------------------------------------------

* * * * * *

Morgan County Area:

Morgan County........................ ........... 1 hr. std. N.A.\3\............ ........... ...........

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

\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

----------------------------------------------------------------------------------------------------------------

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\............ ........... ...........

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

\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

----------------------------------------------------------------------------------------------------------------

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\.............. ........... ...........

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

\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

----------------------------------------------------------------------------------------------------------------

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\.............. ........... ...........

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

\1\ This date is the effective date of the final.

\3\ 1 hour standard Not Applicable.

[[Page 27251]]

* * * * * * *

[FR Doc. 98-13119 Filed 5-15-98; 8:45 am]

BILLING CODE 6560-50-P