Identification of Additional Ozone Areas Attaining the 1-Hour Standard and to Which the 1-Hour Standard is no Longer Applicable

SUMMARY: On May 18, 1998, the EPA published a proposal to approve the

identification of additional ozone areas attaining the 1-hour standard

and to which the 1-hour standard is no longer applicable. The comment

period concluded on June 17, 1998. Comments were received on the

proposal during the comment period. Today, the EPA is addressing the

comments and taking final action to approve the identification of six

additional ozone areas attaining the 1-hour standard and to which the

1-hour standard is no longer applicable. Upon promulgation of this

action, the Code of Federal Regulations (CFR) for ozone will be amended

to reflect such changes. Additionally, today's action is consistent

with the President's memorandum of July 16, 1997. The President's

memorandum called for 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

withdrawn on March 16, 1998 and subsequently converted to a proposal.

On June 5, 1998, the Agency promulgated a final rule, effective

immediately, responding to the adverse comments, thus completing the

action identifying ozone areas where the 1-hour standard is no longer

applicable. 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. The six additional

areas identified today are: Dayton-Springfield, Ohio; Detroit-Ann

Arbor, Michigan; Warrick County, Indiana; Grand Rapids, Michigan;

Poughkeepsie, New York; and Morgan County, Kentucky.

DATES: This action will be effective on July 22, 1998.

ADDRESSES: Documents relevant to this rulemaking are available for

inspection at the 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 a.m. and 4 p.m., Monday through Friday,

excluding legal holidays. A reasonable fee may be charged for copying.

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:

Region II--Ray Werner, (212) 637-3706

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-98-19. A public version of this

record which does not include any information claimed as Confidential

Business Information is available for inspection from 8 a.m. to 4 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. Analysis of Air Quality Data

V. Tables

VI. Other Regulatory Requirements

A. Executive Order 12866

B. Rule Effective Date

C. Regulatory Flexibility Act

D. Unfunded Mandates

E. Submission to Congress and the General Accounting Office

F. Petitions for Judicial Review

G. Applicability of Executive order (E.O.)13045

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 (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 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.

On May 18, 1998, the EPA published a proposal to approve the

identification of six additional ozone areas attaining the 1-hour

standard and to which the 1-

[[Page 39433]]

hour standard is no longer applicable (63 FR 27247). Comments were

received on the proposal during the comment period ending on June 17,

1998.

II. Summary of Today's Action

The purpose of this document is to respond to comments received on

the May 18th proposed rule and finalize the identification of the six

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: Dayton-Springfield,

Ohio; Detroit-Ann Arbor, Michigan; Warrick County, Indiana; Grand

Rapids, Michigan; Poughkeepsie, New York; and Morgan County, Kentucky.

III. Public Comments and EPA Responses

The following discussion summarizes and responds to the comments

received on the proposed rule published on May 18, 1998 (63 FR 27247).

Comment: The commenter states that clean monitoring data alone are

an insufficient legal basis for revocation of the applicability of the

1-hour standard in these areas and that all requirements of section

107(d)(3)(E) of the Act must be met in order to have the standard

revoked.

Response: The Agency previously addressed this question in its

promulgated rule of June 5, 1998 (63 FR 31014) and incorporates by

reference the discussion of this issue therein. In brief, as this

action is not a redesignation, but rather a determination that the 1-

hour NAAQS no longer applies to certain areas, pursuant to the

regulations promulgated in July 1997 as part of the rulemaking

regarding the ozone NAAQS (40 CFR 50.9(b)), the redesignation

requirements of section 107(d)(3)(E) do not apply to this action. These

regulations provide the legal basis for this action and specify the

criteria that must be met--the determination by EPA that an area has

air quality meeting the standard.

Comment: The commenter states that many of the areas contribute to

downwind air quality problems in Canada.

Response: Section 115 does not play a role in today's rulemaking

action because (1) EPA has not received any study or petition from an

international agency; (2) today's action does not impose or revoke any

air quality measures, as a result, the impact is neutral; and (3) the

criteria for determining the standard does not apply do not include an

analysis of international impacts. Furthermore, the EPA has not

received any comments from the government of Canada or private Canadian

citizens regarding this matter. In ongoing discussions between the EPA

and the Canadian government, the overall benefits of the nitrogen

oxides (NOX) State implementation plan (SIP) call (62 FR

60318, November 7, 1997) as a vehicle to deal with transport are widely

recognized.

Comment: Data considered for this rulemaking are incomplete. The

commenter notes a problem with malfunctioning ozone monitors in Allegan

County, Michigan and suspect monitoring conducted in Warrick County. In

addition, the commenter notes that the New Haven, Michigan ozone

monitor was not functioning during the May 1998 ozone episode.

Response: The EPA is only considering complete, quality assured air

quality data in this rulemaking. Today's action does not consider 1998

air quality data, because these data have not yet been quality assured

and have not been reported to the EPA. The 1995-1997 period was chosen

because it was the most recent 3-year period at the time of this rule

for which EPA and the States had complete data. With respect to the

question of malfunctioning monitors in Allegan County, this rulemaking

does not deal with Allegan County, therefore the comment is irrelevant

to this rulemaking action. With regard to comments on the quality of

Warrick County, Indiana ozone data, EPA considered only quality assured

ozone data for the 1995-1997 period and has no reason to suspect the

quality of the ozone data supplied by the State of Indiana.

Furthermore, the commenter provides no documentation to support the

claim of suspicious ozone data in Warrick County. As to the comment

that the monitor in New Haven, Michigan was not functioning during May

1998, draft air quality data reports for 1998 indicate that this

monitor was, in fact, running during the May 1998 period and has not

recorded any exceedances of the 1-hour ozone NAAQS.

Comment: The commenter notes that meteorological conditions in 1996

and 1997 were atypical and a meteorological analysis should be included

to show whether the areas have attained the 1-hour standard.

Response: The Agency previously addressed this concern regarding

variations in meteorological conditions in its final rule promulgated

on June 5, 1998 (63 FR 31014) and incorporates that discussion by

reference. Attainment of the ozone NAAQS is determined using three

consecutive years of data to account for variations in meteorological

conditions, as well as variations in volatile organic compounds (VOC)

and NOX emissions. The ozone NAAQS is designed to take into

account such variations.

Comment: Modeling predicts continued violations of the 1-hour NAAQS

in these areas.

Response: The EPA's authority for this action is based on the

regulatory provisions adopted when it promulgated the 8-hour ozone

NAAQS in July 1997 (62 FR 38856 (July 18, 1997)). Those regulations, in

40 CFR 50.9(b), provide that the ``1-hour standard set forth in this

section will no longer apply to an area once EPA determines that the

area has air quality meeting the 1-hour standard.'' Those regulations

specify a single criterion for determining that the 1-hour standard no

longer applies--the determination by EPA that an area has air quality

meeting the 1-hour standard. The EPA believes that is the only

criterion that may be applied in this rulemaking, and that it has been

satisfied in the case of all the areas covered by this action. In

essence, the commenters' issue, properly viewed, is not with the action

being taken at this time, but with the regulatory provision on which

this action is based. That regulation was promulgated in July 1997, the

commenters' issues are therefore untimely.

Comment: Areas are in noncompliance with their maintenance plans.

The commenter notes that Detroit, Michigan has experienced exceedances

of the ozone NAAQS, despite the implementation of required contingency

measures.

Response: Under section 107 of the Act, in order to be

redesignated, the Administrator must approve a maintenance plan that

meets the requirements of section 175(A) of the Act. Section 175(A)

requires maintenance plans to include contingency measures sufficient

to ``promptly correct any violation of the standard which occurs after

the redesignation of the area as an attainment area.'' On March 7,

1994, the EPA published the final approval of the redesignation request

and maintenance plan for the Detroit area. Subsequently, the area

violated the ozone standard and, in accordance with the approved

maintenance plan, the area implemented two contingency measures, a low

volatility gasoline program, and an expansion of the Stage I gasoline

vapor recovery program. Since that time, the area has experienced

exceedances, but not violations of the ozone standard. As the area is

attaining the standard, it satisfies the criterion for revocation of

the NAAQS specified in 40 CFR 50.9(b). In

[[Page 39434]]

fact, the exceedances experienced in the area in May 1998 occurred

prior to the control period for the low volatility gasoline program

which runs from June 1 to September 15. As a result, Michigan has

implemented its approved maintenance plan in the Detroit area and the

contingency measures appear to be working as designed to prevent future

violations of the 1-hour ozone NAAQS.

Comment: The EPA has determined that these areas interfere with

downwind areas' abilities to attain the 1-hour standard for ozone.

Response: The EPA is addressing this issue in the Eastern United

States through the NOX SIP call, which EPA has proposed (62

FR 60318, November 7, 1997). The proposal would place controls for

NOX emissions in large geographic upwind areas that contain

both attainment and nonattainment areas. The controls would reduce

NOX emissions and, as a result, ozone levels. The EPA has

also been petitioned, under section 126(b) of the Act, to place

controls on upwind stationary sources of NOX emissions. More

generally, it should be noted that upwind sources are subject to

section 110(a)(2)(D) regardless of whether the 1-hour standard

continues to apply to them. Accordingly, a determination that the 1-

hour standard does not apply to upwind areas does not preclude

additional reductions in the upwind areas. Furthermore, the only

criterion specified in 40 CFR 50.9(b) for revocation is EPA's

determination that the area itself is meeting the standard and the

factor referred to by the commenter is not relevant to that issue.

Comment: Children's health will be disproportionately and adversely

affected by this rule.

Response: EPA disagrees with this comment. Today's action will not

result in diminished controls or worsened air quality.

Comment: A group of commenters expressed concern that EPA did not

revoke the 1-hour NAAQS for the San Francisco Bay area despite its

continued violations, but did revoke the NAAQS for other areas

designated attainment. The commenters stated that EPA's approach

misapplies 40 CFR 50.9 (the regulation governing revocation of the 1-

hour standard), violates the Act and leads to inconsistent and

illogical results.

Response: The Agency previously addressed this comment in its final

rule promulgated on June 5, 1998 (63 FR 31014) and incorporates by

reference that discussion. The EPA is continuing the approach employed

in the earlier notices. The Presidential memorandum of July 16, 1997

(62 FR 38421, July 18, 1997) states, ``For areas where the air quality

does not currently attain the 1-hour standard, the 1-hour standard will

continue in effect.'' This policy should include maintenance and

attainment areas which currently violate the 1-hour standard. In

addition, on December 29, 1997, Richard D. Wilson, Acting Assistant

Administrator for Air and Radiation, issued guidance, entitled Guidance

for Implementing the 1-Hour Ozone and Pre-Existing PM10 NAAQS, which

reiterates that ``The EPA will not revoke the 1-hour standard in an

area that is violating that standard.'' The EPA believes that to

determine that the 1-hour standard ceases to apply to the Bay Area

would mislead the public into thinking their health was not at risk.

The EPA will not revoke the 1-hour NAAQS in an area that measures

violations during the prior 3-year period. The Bay Area had a total of

43 exceedances and 17 violations of the 1-hour standard since the June

1995 redesignation to attainment. Therefore, for all of the above

reasons, the Agency believes that it is prudent to keep the 1-hour

standard in place for the Bay Area.

In addition, EPA disagrees that its actions are inconsistent or

arbitrary. The commenters point out that an area with clean data for

all years in the 1990's, except for four or more exceedances in one

year, may not receive a determination that the standard will cease to

apply, but an area with exceedances in all years in the 1990's, except

for less than four exceedences in a 3-year period, may receive such a

determination. Factually, the commenters are correct because the 1-hour

NAAQS is based on air quality in a consecutive 3-year period. After EPA

revised the 1-hour NAAQS, instead of immediately revoking it for all

areas, EPA determined that it should be phased out by a determination

that it would cease to apply on any area that attained it for a 3-year

period, beginning 1994-96 and continuing for each 3-year period (on a

rolling basis) after that. Although an area may experience exceedances

after the 1-hour standard is determined no longer to apply, the new 8-

hour standard is designed to protect the air quality.

Comment: The commenter believes that retention of the 1-hour

standard in maintenance and attainment areas will not promote early

attainment of the 8-hour standard and EPA cannot justify its approach

based on a desire to protect air quality.

Response: The Agency previously addressed this comment in a final

rule promulgated on June 5, 1998 (63 FR 31014) and incorporates by

reference that discussion. Most, if not all, of the measures undertaken

for the purpose of attaining the 1-hour standard will assist in the

attainment of the 8-hour standard. This is because most areas with 1-

hour exceedances also have 8-hour exceedances. As more measures are

undertaken to meet the 1-hour standard, the 1-hour concentrations

composing the 8-hour average will decrease in magnitude, as will the

number of 8-hour exceedances.

IV. Analysis of Air Quality Data

This final action, to determine that the 1-hour standard no longer

applies to 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 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 document 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.

V. Tables

The ozone tables codified 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 November 6, 1991 and most

recently revised June 5, 1998) include, by State and NAAQS pollutant, a

brief description of areas within the State and their respective

designation. Today's final action includes completely new entries for

the six additional ozone areas identified where the 1-hour standard no

longer applies.

VI. 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 Office of Management and Budget (OMB) review

and the requirements of the Executive Order. The OMB has exempted this

regulatory action from Executive Order 12866 review.

[[Page 39435]]

B. Rule Effective Date

The EPA finds that there is good cause for this action to become

effective immediately upon publication because a delayed effective date

is unnecessary due to the nature of this action, which is a

determination that the 1-hour ozone standard no longer applies. The

immediate effective date for this action is authorized under both 5

U.S.C. 553 (d)(1), which provides that rulemaking actions may become

effective less than 30 days after publication if the rule ``grants or

recognizes an exemption or relieves a restriction'' and section

553(d)(3), which allows an effective date less than 30 days after

publication ``as otherwise provided by the agency for good cause found

and published with the rule.''

C. 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. The EPA is

certifying that 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.

D. 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, as promulgated, 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.

E. 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).

F. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States court of Appeals for

the appropriate circuit by September 21, 1998. 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 may not be challenged later in proceedings to enforce its

requirements (see section 307(b)(2)).

G. Applicability of Executive Order (E.O.)13045

On April 21, 1997, the President signed an Executive Order (13045)

entitled ``Protection of Children from Environmental Health Risks and

Safety Risks.'' This is the primary directive to Federal agencies and

departments that Federal health and safety standards now must include

an evaluation of the health or safety effects of the planned regulation

on children. For rules subject to the Executive Order, agencies are

further required to issue an explanation as to why the planned

regulation is preferable to other potentially effective and reasonable

feasible alternatives considered by the Agency.

This final 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 this is not an economically significant

regulatory action as defined by E.O. 12866, and 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: July 15, 1998.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, title 40, chapter I, part

81, 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. 81.315, the table entitled ``Indiana-Ozone (1-Hour

Standard'' is amended by revising the entry for ``Warrick County Area''

to read as follows:

Sec. 81.315 Indiana.

* * * * *

Indiana-Ozone (1-Hour Standard)

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

Designation Classification

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

Date \1\ Type Date \1\ Type

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

* * * * * * *

Warrick County Area:

Warrick County...................... 7-22-98 1 hr.std.N.A. \2\........................ ........... .........................................

* * * * * * *

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

\1\ This date is June 5, 1998, unless otherwise noted.

[[Page 39436]]

\2\ 1 hour standard Not Applicable.

* * * * *

3. In Sec. 81.318, the table entitled ``Kentucky-Ozone (1-Hour

Standard)'' is amended by revising the entry for ``Morgan County Area''

to read as follows:

Sec. 81.318 Kentucky.

* * * * *

Kentucky-Ozone (1-Hour Standard)

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

Designation Classification

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

Date Type Date \1\ Type

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

* * * * * * *

Morgan County Area:

Morgan County....................... 7-22-98 1 hr.std.N.A.\2\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 ``Detroit-Ann Arbor

Area'' and ``Grand Rapids Area'' to read as follows:

Sec. 81.323 Michigan.

* * * * *

Michigan-Ozone (1-Hour Standard)

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

Designation Classification

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

Date \1\ Type Date \1\ Type

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

* * * * * * *

Detroit-Ann Arbor Area:

Livingston County................... 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

Macomb County....................... 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

Monroe County....................... 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

Oakland County...................... 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

St. Clair County.................... 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

Washtenaw County.................... 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

Wayne County........................ 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

* * * * * * *

Grand Rapids Area:

Kent County......................... 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

Ottawa County....................... 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

* * * * * * *

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

\1\ This date is June 5, 1998, unless otherwise noted.

\2\ 1 hour standard Not Applicable.

* * * * *

5. In Sec. 81.333, the table entitled ``New York-Ozone (1-Hour

Standard'' 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 (1-Hour Standard)

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

Designation Classification

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

Date \1\ Type Date \1\ Type

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

* * * * * * *

Poughkeepsie Area:

Dutchess County..................... 7-22-98 1 hr.std.N.A.\3\......................... ........... .........................................

Orange County (remainder)........... 7-22-98 1 hr.std.N.A.\3\......................... ........... .........................................

Putnam County....................... 7-22-98 1 hr.std.N.A.\3\......................... ........... .........................................

* * * * * * *

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

\1\ This date is June 5, 1998, unless otherwise noted.

\2\ 1 hour standard Not Applicable for the remainder of Orange Co.

\3\ 1 hour standard Not Applicable.

[[Page 39437]]

* * * * *

6. In Sec. 81.336, the table entitled ``Ohio-Ozone (1-Hour

Standard)'' is amended by revising the entry for ``Dayton-Springfield

Area'' to read as follows:

Sec. 81.336 Ohio.

Ohio-Ozone (1-Hour Standard)

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

Designation Classification

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

Date \1\ Type Date \1\ Type

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

* * * * * * *

Dayton-Springfield Area:

Clark County........................ 7-22-98 1 hr.std. N.A.\2\........................ ........... .........................................

Greene County....................... 7-22-98 1 hr.std. N.A.\2\........................ ........... .........................................

Miami County........................ 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

Montgomery County................... 7-22-98 1 hr.std.N.A.\2\......................... ........... .........................................

* * * * * * *

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

\1\ This date is June 5, 1998, unless otherwise noted.

\2\ 1 hour standard Not Applicable.

* * * * *

[FR Doc. 98-19388 Filed 7-21-98; 8:45 am]

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