Identification of Additional Ozone Areas Attaining the 1-Hour Standard and to Which the 1-Hour Standard is No Longer Applicable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Standard and to Which the 1-Hour Standard is No Longer Applicable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