[Federal Register Volume 63, Number 242 (Thursday, December 17, 1998)]
[Proposed Rules]
[Pages 69598-69601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33477]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-6202-3]
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Standard and to Which the 1-Hour Standard is No Longer Applicable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.
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SUMMARY: The EPA proposes to identify ten additional ozone areas where
the 1-hour standard is no longer applicable.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. On July 18, 1997, EPA provided by rule
that the 1-hour ozone standard would no longer apply to an area based
on a determination by EPA that the area has attained that standard
according to 40 CFR 50.9(b). The 1-hour standard will continue to apply
to areas for which EPA has not made a determination through rulemaking.
The EPA has previously taken final action regarding the applicability
of the 1-hour standard for other areas on June 5, 1998 and July 22,
1998. The ten additional proposed 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.
DATES: To be considered, comments must be received on or before January
19, 1999.
ADDRESSES: Comments should be submitted (in duplicate, if possible) to
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 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)
[[Page 69599]]
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 proposed 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 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-
48. 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. Effect of Revocation
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
I. Background
On July 16, 1997, the President issued a memorandum (62 FR 38421,
July 18, 1997) to the Administrator of the EPA indicating that within
90 days of promulgation of the new 8-hour standard, the EPA would
publish an action identifying ozone areas to which the 1-hour standard
would cease to apply. The memorandum stated that for areas where the
air quality did not currently attain the 1-hour standard, the 1-hour
standard would 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, provides 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. The
EPA provided, by regulation, that the 1-hour standard would no longer
apply to an area upon a determination by EPA that the area has attained
the 1-hour standard.
On June 5, 1998 (63 FR 31014) and July 22, 1998 (63 FR 39432), EPA
took final actions determining that numerous areas had attained the 1-
hour standard and that the 1-hour standard no longer applied to those
areas.
II. Summary of Today's Action
The purpose of this document is to propose the revocation of the 1-
hour standard in ten additional areas that EPA has determined are not
violating the 1-hour standard. 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. Analysis of Air Quality Data
This action, proposing to determine these areas are attaining the
1-hour standard and thus no longer subject to the 1-hour standard, is
based upon analysis of quality-assured, ambient air quality monitoring
data showing no violations of the 1-hour ozone standard. Determinations
for this notice were based upon the most recent data available, i.e.,
1996-1998 data. Detailed air quality data information used for today's
determinations is contained in the Technical Support Document (TSD) to
Docket No. A-98-48. 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.
IV. Effect of Revocation
Once EPA has determined that the 1-hour standard no longer applies
to an area, that area is no longer subject to the nonattainment area
planning requirements of subpart 2 of part D of title I of the CAA
(section 182). This is because the nonattainment requirements in
subpart 2 apply only for purposes of the 1-hour standard. Therefore,
any sanctions or Federal implementation plan (FIP) clocks started,
pursuant to sections 110 or 179 of the CAA and 40 CFR 52.31 with
respect to planning requirements under section 182 of the CAA, are no
longer applicable once EPA takes final action determining that an area
has attained the 1-hour standard and, thereby, terminating the
applicability of that standard for the area.
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
[[Page 69600]]
businesses, small not-for-profit enterprises, and government entities
with jurisdiction over populations of less than 50,000. The EPA is
proposing that this rule, in its final form, 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.
The EPA proposes 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. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
On April 21, 1997, the President signed E.O. 13045 entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). 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
E.O., agencies are further required to issue an explanation as to why
the planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed 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 does not involve decisions on environmental health risks or
safety risks that disproportionately affect children.
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 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 rule does not significantly or uniquely affect the
communities of Indian tribal governments. The identified areas are not
located in tribal lands, and this action 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 proposal 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 action
(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, the 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 action does not require the public to perform activities
conducive to the use of VCS.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
[[Page 69601]]
Dated: December 9, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-33477 Filed 12-16-98; 8:45 am]
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