[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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