[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Rules and Regulations]
[Pages 34080-34085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13852]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[OAR-2003-0083-1; FRL-7774-8]
Air Quality Designations and Classifications for the 8-Hour
Ozone; National Ambient Air Quality Standards; Early Action Compact
Areas With Deferred Effective Dates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is granting a deferral of the effective date, to
September 30, 2005, of the nonattainment designation for Hamilton and
Meigs Counties, Tennessee, and Catoosa County, Georgia, based on
additional information submitted by this area. The basis for this
action is an updated modeling analysis completed by this area that
demonstrates attainment of the 8-hour ozone National Ambient Air
Quality Standards (NAAQS) by December 31, 2007. In addition, in a
letter dated May 27, 2004, from the Mayors of the City of Chattanooga
and Hamilton County to EPA, the area has fully committed to adopt and
implement additional local measures on a schedule consistent with
requirements for Early Action Compact (EAC) areas. These measures are
also included in the updated modeling analysis.
DATES: Effective Date: This final rule is effective on June 15, 2004.
ADDRESSES: The EPA has established dockets for this action under Docket
ID No. OAR-2003-0083 (Designations) and OAR-2003-0090 (Early Action
Compacts). All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically in EDOCKET or in hard copy at the Docket, EPA/DC, EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m. Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Office
of Air and Radiation Docket and Information Center is (202) 566-1742.
In addition, we have placed a copy of the rule and a variety of
materials regarding designations on EPA's designation Web site at:
http://www.epa.gov/oar/oaqps/glo/designations and on the Tribal Web
site at: http://www.epa.gov/air/tribal. Materials relevant to EAC areas
are on EPA's Web site at: http://www.epa.gov/ttn/naaqs/ozone/eac/w1040218_eac_resources.pdf. In addition, the public may inspect the
rule and technical support at the following locations: Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
FOR FURTHER INFORMATION CONTACT: Dick Schutt, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9033. Mr. Schutt can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. What Action Is EPA Taking Today?
The EPA is reinstating the EAC and deferring the effective date of
the nonattainment designation for Hamilton County, TN; Meigs County,
TN; and Catoosa County, GA, as a result of additional measures being
taken by Chattanooga to improve air quality in the area. The additional
measures being implemented in Hamilton County include a seasonal open
burning ban and a vehicle inspection and maintenance program (I/M
program). These measures have been included in the area's modeling
demonstration and result in modeled attainment by December 2007.
II. What Is the Background for This Action?
The EPA entered into EACs with 33 communities on December 31, 2002,
including the Chattanooga, TN-GA area. This area successfully completed
the
[[Page 34081]]
December 31, 2002 and June 16, 2003 milestone requirements, and the
June and December 2003 progress reports. By March 31, 2004, EAC areas
submitted local plans, which are specific, quantified and permanent.
These plans also included specific implementation dates for the local
controls, as well as technical assessment of whether the area could
attain the 8-hour ozone NAAQS by the December 31, 2007, milestone. On
April 15, 2004, EPA designated areas nonattainment for the 8-hour ozone
NAAQS. In that same action, EPA deferred the effective date of
nonattainment designation for many areas that were participating in the
EAC process. However, as stated in the April 15 action, we determined
that Chattanooga, along with Knoxville and Memphis, did not pass the
modeled attainment test and the predicted air quality improvement test.
In addition, our review of meteorological influences for the three
areas was inconclusive; and these areas did not provide additional
measures not already modeled. In addition to the technical analysis, we
reviewed the strength of the control strategies each EAC area proposed
in their March 31, 2004 plans. We determined that the control measures
submitted by these three areas could have been strengthened, and the
Agency expected more local measures. The EPA also determined that the
States' technical assessments for each of theses areas and their suite
of measures were not acceptable. Therefore, in our April 15, 2004
action, these three areas in Tennessee, including Chattanooga, did not
receive a deferral of the effective date of their nonattainment
designation. Chattanooga was, instead, designated as nonattainment
under Subpart 1 of the Clean Air Act (CAA), effective June 15, 2004.
The 8-hour ozone attainment demonstration for the Chattanooga EAC
was, initially, independently developed by the States of Georgia and
Tennessee using different modeling systems and inputs. Both
demonstrations represent reasonable and plausible conditions. The
Tennessee modeling in the March 31, 2004 submittal was reviewed as the
primary modeling for the demonstration. This modeling was based on
local or fine-grid scale (i.e., horizontal grid spacing of 4 kilometers
(km)). The Georgia modeling was submitted for the March 31, 2004 EAC
milestone as corroborative or supporting data for the Chattanooga
demonstration. It was based on regional modeling using a horizontal
grid-scale resolution of 12 km. The Tennessee modeling predicted a 2007
future design value of 85.6 parts per billion (ppb) that does not
indicate attainment, while the Georgia modeling did predict a 2007
future design value less than 85 ppb. Attainment is indicated when the
future design value is less than 85 ppb. The supporting weight of
evidence analysis from the Tennessee modeling (overall model predicted
ozone improvement, meteorological influences, and attainment test
sensitivities) that accompanied the attainment modeling also was
inconclusive to support a decision that Chattanooga would more than
likely attain the NAAQS by 2007. The EPA believed additional control
measures would be needed. Additional details on the March 31, 2004,
submittal and EPA's review are included in the April 30, 2004 Federal
Register at 69 FR 23865-66, and on the EAC website at: http://www.epa.gov/ttn/naaqs/ozone/eac/index.htm.
On June 3, 2004, the States of Georgia and Tennessee collectively
submitted revised modeling, which includes additional local control
measures to support the first deferral of the effective date of
designation for Hamilton County, TN; Meigs County, TN; and Catoosa
County, GA, which is a portion of the Chattanooga EAC area. The
modeling is based on a revision to the March 31, 2004 Georgia EAC
submittal for Chattanooga. The revised modeling uses a fine 4 km
horizontal grid scale resolution over the Chattanooga EAC area. The
modeling was developed in accordance with the EPA draft 8-hour modeling
guidance with an appropriate modeling system, grid configuration,
inputs and acceptable model performance. The days modeled are
representative of meteorological conditions that are conducive to
exceedances of the 8-hr ozone NAAQS. The modeling attainment and
screening tests were successfully applied and predict future design
values (i.e., 81 ppb) at the Chattanooga monitors that are below the 8-
hr NAAQS of 85 ppb. The control strategy for Chattanooga was
strengthened with the addition of more controls (i.e., reductions from
an On-Board Diagnostics vehicle I/M program for Hamilton County,
Tennessee, and a seasonal open burning ban). The control strategy for
Chattanooga is comparable to the controls for other EAC areas with
similar design value concentrations. The EPA believes the technical
information submitted is adequate to grant a deferral of the effective
date of nonattainment designation. This does not constitute a decision
of approval of the attainment demonstration which will be submitted in
December 2004. The EPA will perform a more comprehensive review of the
Georgia and Tennessee technical analyses before making a final decision
on the attainment demonstration by September 30, 2005.
III. What Action Is EPA Taking To Defer the Effective Date of
Nonattainment Designations for Chattanooga?
The counties of Hamilton and Meigs, TN and Catoosa, GA submitted to
EPA the following documentation that strengthens its March 31, 2004 EAC
milestone submittal and supports attainment of the 8-hour ozone NAAQS
no later than December 2007: (1) technical support including revised
modeling technical analysis; (2) a description of additional local
measures (including I/M and a seasonal open burning ban); (3) a letter
from the Mayor of Hamilton County and the Mayor of the City of
Chattanooga, including legal authority to adopt these additional
measures; and (4) a commitment to implement these measures by the 2005
ozone season. The Mayors have also committed to work with the State to
submit the adopted measures to EPA as a SIP revision by December 31,
2004. Therefore, effective immediately, EPA will defer until September
30, 2005, the effective date of nonattainment designations for Hamilton
and Meigs Counties, TN and Catoosa County, GA by modifying 40 CFR part
81.311 and 81.343.
IV. Final Action
The EPA is deferring the effective date to September 30, 2005, of
the nonattainment designation for Hamilton and Meigs Counties,
Tennessee and Catoosa County, Georgia, based on additional information
submitted by this area. We are also amending 40 CFR part 81, subpart C,
to reflect the modified effective dates for these three counties.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
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 Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affect in a material way the economy, a sector of
[[Page 34082]]
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is not a ``significant regulatory action''
because none of the above factors applies. As such, this final rule was
not formally submitted to OMB for review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This rule changes the effective date of a nonattainment designation for
portions of the Chattanooga MSA that was promulgated on April 15, 2004.
The present final rule does not establish any new information
collection burden apart from that required by law. Burden means the
total time, effort, or financial resources expended by persons to
generate, maintain, retain, or disclose or provide information to or
for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information. An agency may not conduct or
sponsor, and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in 40 CFR are listed in
40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the agency certifies the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions. For purposes
of assessing the impacts of today's final rule on small entities, small
entity is defined as: (1) A small business that is a small industrial
entity as defined in the U.S. Small Business Administration (SBA) size
standards. (See 13 CFR 121.); (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field. This
rule defers the effective date of the nonattainment designation for
areas that implement control measures and achieve emissions reductions
earlier than otherwise required by the CAA in order to attain the 8-
hour ozone NAAQS. The deferral of the effective date will not impose
any requirements on small entities. States and local areas that have
entered into compacts with EPA have the flexibility to decide which
sources to regulate in their communities. After considering the
economic impacts of today's final rule on small entities, I certify
that this rule will not have a significant economic impact on a
substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. Today's final action does not include a Federal mandate
within the meaning of UMRA that may result in expenditures of $100
million or more in any 1 year by either State, local, or Tribal
governments in the aggregate or to the private sector, and therefore,
is not subject to the requirements of sections 202 and 205 of the UMRA.
It does not create any additional requirements beyond those of the 8-
hour NAAQS for ozone (62 FR 38894; July 18, 1997), therefore, no UMRA
analysis is needed. In this rule, EPA is deferring the effective date
of nonattainment designation for three counties in the Chattanooga, TN
area that have entered into a compact with us. The EPA believes that
any new controls imposed as a result of this action will not cost in
the aggregate $100 million or more annually. Thus, this Federal action
will not impose mandates that will require expenditures of $100 million
or more in the aggregate in any 1 year.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This final
rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and
[[Page 34083]]
responsibilities among the various levels of government, as specified
in Executive Order 13132. The CAA establishes the scheme whereby States
take the lead in developing plans to meet the NAAQS. This rule will not
modify the relationship of the States and EPA for purposes of
developing programs to implement the NAAQS. Thus, Executive Order 13132
does not apply to this rule. Although Executive Order 13132 does not
apply to this rule, EPA discussed the designation process and compact
program with representatives of State and local air pollution control
agencies, and Tribal governments, as well as the Clean Air Act Advisory
Committee, which is also composed of State and local representatives.
In the spirit of Executive Order 13132, and consistent with EPA policy
to promote communications between EPA and State and local governments,
EPA specifically solicited comment on the proposed rule for deferring
the effective date of nonattainment designations from State and local
officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
``Tribal implications'' as specified in Executive Order 13175. This
rule concerns the deferral of the effective date of the nonattainment
designation for a portion of the Chattanooga area participating in the
EAC process that has met all milestones. The CAA provides for States to
develop plans to regulate emissions of air pollutants within their
jurisdictions. The Tribal Authority Rule (TAR) gives Tribes the
opportunity to develop and implement CAA programs such as programs to
attain and maintain the 8-hour ozone NAAQS, but it leaves to the
discretion of the Tribe whether to develop these programs and which
programs, or appropriate elements of a program, they will adopt. The
Chattanooga area that is affected by this final rule was required to
develop and submit local plans for adoption and implementation of the
8-hour ozone standard earlier than the CAA requires. These plans must
be submitted to EPA as a SIP revision in December 2004. No EAC areas
include Tribal land. This final rule does not have Tribal implications
as defined by Executive Order 13175. It does not have a substantial
direct effect on one or more Indian Tribes, since no Tribe has
implemented a CAA program to attain the 8-hour ozone NAAQS at this time
or has participated in a compact. Furthermore, this rule does not
affect the relationship or distribution of power and responsibilities
between the Federal government and Indian Tribes. The CAA and the TAR
establish the relationship of the Federal government and Tribes in
developing plans to attain the NAAQS, and this rule does nothing to
modify that relationship. Because this rule does not have Tribal
implications, Executive Order 13175 does not apply. Although Executive
Order 13175 does not apply to this rule, prior to designations action
promulgated on April 15, 2004, EPA did outreach to Tribal
representatives regarding the designations and to inform them about the
compact program and its impact on designations. The EPA supports a
national ``Tribal Designations and Implementation Work Group'' which
provides an open forum for all Tribes to voice concerns to EPA about
the designation and implementation process for the NAAQS, including the
8-hour ozone standard. These discussions informed EPA about key Tribal
concerns regarding designations as the rule was under development.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children From Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have
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 final
rule is not subject to Executive Order 13045 because it is not
economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health risks or safety risks addressed by this rule present a
disproportionate risk to children. Nonetheless, we have evaluated the
environmental health or safety effects of the 8-hour ozone NAAQS on
children. The results of this risk assessment are contained the
National Ambient Air Quality Standards for Ozone, Final Rule (62 FR
38855-38896, July 18, 1997; specifically, 62 FR 38854, 62 FR 38860 and
62 FR 38865).
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions That
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. Information on the methodology and data
regarding the assessment of potential energy impacts is found in
Chapter 6 of U.S. EPA 2002, Cost, Emission Reduction, Energy, and
Economic Impact Assessment of the Proposed Rule Establishing the
Implementation Framework for the 8-Hour, 0.08 ppm Ozone National
Ambient Air Quality Standard, prepared by the Innovative Strategies and
Economics Group, Office of Air Quality Planning and Standards, Research
Triangle Park, NC, April 24, 2003.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS. This action does not involve technical standards.
Therefore, EPA did not consider the use of any VCS.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller
[[Page 34084]]
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This rule will be effective June
15, 2004.
K. Judicial Review
Section 307(b)(1) of the CAA indicates which Federal Courts of
Appeal have venue for petitions of review of final actions by EPA. This
Section provides, in part, that petitions for review must be filed in
the Court of Appeals for the District of Columbia Circuit (i) when the
agency action consists of ``nationally applicable regulations
promulgated, or final actions taken, by the Administrator,'' or (ii)
when such action is locally or regionally applicable, if ``such action
is based on a determination of nationwide scope or effect and if in
taking such action the Administrator finds and publishes that such
action is based on such a determination.'' The rule designating areas
for the 8-hour ozone standard was ``nationally applicable'' within the
meaning of section 307(b)(1) since it established designations for all
areas of the United States for the 8-hour ozone NAAQS. Since this final
action defers the effective date of three of the designations made in
that nationwide rulemaking, any petitions for review must be filed in
the Court of Appeals for the District of Columbia Circuit. At the core
of the designations rulemaking is EPA's interpretation of the
definition of nonattainment under section 107(d)(1) of the CAA. In
determining which areas should be designated nonattainment (or
conversely, should be designated unclassifiable/attainment), EPA used a
set of 11 factors that it applied consistently across the United
States. For the same reasons, the Administrator also determined that
the final designations are of nationwide scope and effect for purposes
of section 307(b)(1). This is particularly appropriate because in the
report on the 1977 Amendments that revised section 307(b)(1) of the
CAA, Congress noted that the Administrator's determination that an
action is of ``nationwide scope or effect'' would be appropriate for
any action that has ``scope or effect beyond a single judicial
circuit.'' H.R. Rep. No. 95-294 at 323, 324, reprinted in 1977
U.S.C.C.A.N. 1402-03. Here, the scope and effect of the designations
rulemaking extend to numerous judicial circuits since the designations
apply to all areas of the country. In these circumstances, section
307(b)(1) and its legislative history calls for the Administrator to
find the rule to be of ``nationwide scope or effect'' and for venue to
be in the D.C. Circuit. Thus, any petitions for review of this final
action must be filed in the Court of Appeals for the District of
Columbia Circuit within 60 days from the date final action is published
in the Federal Register.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: June 14, 2004.
Michael O. Leavitt,
Administrator.
0
For the reasons set forth in the preamble, 40 CFR part 81 is amended as
follows:
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--[Amended]
0
2. In Sec. 81.311, the table entitled ``Georgia-Ozone (8-Hour
Standard)'' is amended by revising the entry for ``Catoosa County'' to
read as follows:
Sec. 81.311 Georgia.
* * * * *
Georgia--Ozone
[8-hour standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ---------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Chattanooga, TN-GA:
Catoosa County.................. (\2\) Nonattainment (\2\) Subpart 1.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Early Action Compact Area, effective date deferred until September 30, 2005.
* * * * *
0
3. In Sec. 81.343, the table entitled ``Tennessee-Ozone (8-Hour
Standard)'' is amended by revising the entries for ``Hamilton County''
and ``Meigs County'' to read as follows:
Sec. 81.343 Tennessee.
* * * * *
[[Page 34085]]
Tennessee--Ozone
[8-hour standard]
----------------------------------------------------------------------------------------------------------------
Designation\a\ Category/classification
Designated area ---------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Chattanooga, TN-GA:
Hamilton County................. (\2\) Nonattainment (\2\) Subpart 1.
Meigs County.................... (\2\) Nonattainment (\2\) Subpart 1.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Early Action Compact Area, effective date deferred until September 30, 2005.
* * * * *
*[FR Doc. 04-13852 Filed 6-17-04; 8:45 am]
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