Final 8-Hour Ozone National Ambient Air Quality Standards Designations for the Early Action Compact Areas, 17897-17906 [E8-6825]
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All sanctions and sanction clocks,
which were triggered as a result of the
disapproval action on March 29, 2001
(66 FR 17078), continue to be stayed as
a result of the interim final
determination published on October 7,
2002 (67 FR 62388). The sanctions and
sanction clocks will be permanently
terminated on the effective date of this
final rule approval.
V. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does 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
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
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Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it approves a state rule
implementing a Federal standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. section 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. 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 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. section 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 2, 2008.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
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17897
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: February 15, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(353) to read as
follows:
I
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(353) New and amended regulations
were submitted on August 12, 2002, by
the Governor’s designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management
District.
(1) Rule 9–10, Inorganic Gaseous
Pollutants: Nitrogen Oxides and Carbon
Monoxide from Boilers, Steam
Generators, and Process Heaters in
Petroleum Refineries, adopted on July
17, 2002.
[FR Doc. E8–6643 Filed 4–1–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2008–0006; FRL–8550–1]
RIN 2060–AO83
Final 8-Hour Ozone National Ambient
Air Quality Standards Designations for
the Early Action Compact Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is designating 13
Early Action Compact (EAC) Areas as
attainment for the 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). The EAC areas agreed to
reduce ground-level ozone pollution
earlier than the Clean Air Act (CAA)
required and to demonstrate attainment
with the 8-hour ozone NAAQS by
December 31, 2007. The States in which
these 13 areas are located have
submitted quality-assured data
indicating that the areas are in
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Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Rules and Regulations
attainment for the 8-hour ozone NAAQS
based on ambient air monitoring data
from 2005, 2006 and 2007. In addition,
consistent with EPA’s implementing
regulations, the 1-hour ozone NAAQS
will no longer apply in each of these
areas one year after the effective date of
the designation. We are modifying the 8hour ozone NAAQS tables in the
regulations to reflect the attainment
designation for the 13 EAC areas and the
1-hour ozone NAAQS tables in the
regulations to reflect that the 1-hour
standard will no longer apply in these
areas as of April 15, 2009. Additionally,
we are modifying the 8-hour and 1-hour
ozone NAAQS tables in the regulations
to reflect the nonattainment designation
for the Denver EAC area, which became
effective November 20, 2007 and to
reflect that the 1-hour standard will no
longer apply in that area as of November
20, 2008.
DATES: This rule is effective April 15,
2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2008–0006. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., 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 through
www.regulations.gov or in hard copy at
the Docket, EPA/DC, EPA West
Building, EPA Headquarters Library,
Room 3334, located at 1301 Constitution
Ave., NW., Washington, DC. The EPA/
DC Public Reading Room Hours of
operation will be 8:30 a.m. to 4:30 p.m.
Eastern Standard Time (EST), 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 is (202)
566–1742. The Air and Radiation
Docket Information Center’s e-mail
address is a-and-r-Docket@epa.gov, and
Web address is: https://www.epa.gov/
oar/docket.html. In addition, we have
placed a copy of the rule and a variety
of materials relevant to EAC areas on
EPA’s Web site at https://www.epa.gov/
ttn/naaqs/ozone/eac/.
FOR FURTHER INFORMATION CONTACT: Ms.
Barbara Driscoll, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code C539–04, Research Triangle Park,
NC 27711, phone number (919) 541–
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1051 or by e-mail at:
driscoll.barbara@epa.gov or Mr. David
Cole, Office of Air Quality Planning and
Standards, U.S. Environmental
Protection Agency, Mail Code C304–05,
Research Triangle Park, NC 27711,
phone number (919) 541-5565 or by email at: cole.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This final action applies to the 13
EAC areas identified in section V, Table
1, below that have deferred designations
for the 8-hour ozone NAAQS until April
15, 2008. Additionally, EPA is taking
the ministerial action of revising the
CFR to reflect the effective date of the
nonattainment designation for the
Denver EAC area, which was designated
nonattainment on November 20, 2007,
and to reflect that the 1-hour ozone
standard will no longer apply in the
Denver area as of November 20, 2008.
B. How Is This Document Organized?
The information presented in this
preamble is organized as follows:
Outline
I. General Information
A. Does This Action Apply to Me?
B. How Is This Document Organized?
II. What is the Purpose of This Document?
III. What Action Has EPA Taken to Date for
Early Action Compact Areas?
IV. What Comments Did EPA Receive on the
February 6, 2008 Proposal To Designate
These 13 Early Action Compact Areas in
Attainment With the 8-Hour Ozone
NAAQS?
V. What Is the Final Action for the 13 Early
Action Compact Areas?
VI. Why Is EPA Revoking the 1-Hour Ozone
Standard?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Petitions for Judicial Review
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II. What Is the Purpose of This
Document?
The purpose of this document is to
designate 13 EAC areas as attainment for
the 8-hour ozone NAAQS, as they have
met all the milestones of the EAC
program and demonstrated that they
were in attainment with the 8-hour
ozone NAAQS by December 31, 2007.
This final action also takes the
ministerial action of revising Section
81.306 to reflect the 8-hour ozone
nonattainment designation for the
Denver EAC area, which became
effective November 20, 2007.
Additionally, it revises the 1-hour ozone
NAAQS tables for the 13 EAC areas and
the Denver area to reflect that the 1-hour
ozone standard no longer applies one
year after the effective date of
designation for each area. The 1-hour
standard was revoked, effective June 15,
2005 for all other areas of the country
except the 14 EAC areas that were
designated nonattainment with a
deferred effective date.
III. What Action has EPA Taken to Date
for Early Action Compact Areas?
There are 13 EAC areas that had the
effective date of their 8-hour ozone
designations deferred until April 15,
2008 (71 FR 69022).1 Fifteen other areas
that are participating in the program
were designated attainment in April
2004, with an effective date of June 15,
2004. These areas have remained in the
program in order to continue improving
their local air quality. For one EAC area,
the Denver EAC area, the nonattainment
designation for the 8-hour ozone
NAAQS became effective November 20,
2007, consistent with the terms of a
settlement agreement reached in
litigation challenging our actions with
respect to the Denver EAC area. Rocky
Mountain Clean Air Action v. EPA (D.C.
Cir. No. 07–1012). For discussions on
EPA’s actions to date with respect to
deferring the effective date of
nonattainment designations for certain
areas of the country that are
participating in the EAC program and
Denver specifically please refer to the
Federal Register dated June 28, 2007 (72
FR 35356) and September 21, 2007 (72
FR 53952). In addition, EPA’s April 30,
2004, air quality designation rule (69 FR
23858) provides a description of the
compact area approach, the
requirements for areas participating in
1 As noted previously, we also initially deferred
the nonattainment designation for the Denver EAC
area, but the nonattainment designation for the
Denver EAC area became effective November 20,
2007.
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the compact and the impacts of the
compact on those areas.
You may find copies of all State
reports at https://www.epa.gov/ttn/
naaqs/ozone/eac/.
IV. What Comments did EPA receive on
the February 6, 2008 proposal to
designate these 13 Early Action
Compact Areas in attainment with the
8-hour Ozone NAAQS?
We received three comments on the
proposed rule to designate these 13 EAC
areas in attainment with the 8-hour
ozone standard effective April 15, 2008.
We have responded to the comments in
this section.
Comments: Two commenters
expressed support for the compact
process, the goal of clean air sooner, the
incentives and flexibility the program
provides for encouraging early
reductions of ozone-forming pollution,
and the deferred effective date of
nonattainment designation. However,
one commenter opposed the EAC
program indicating the program
conflicts with existing obligations under
the Clean Air Act and may create the
potential for downwind areas to be
adversely affected by the emissions
growth in EAC areas in the future. This
commenter expressed concern about
various legal aspects of the program,
primarily the deferral of the effective
date of the nonattainment designation
for these areas. The commenter
indicated that EPA lacks authority
under the CAA to defer the effective
date of a nonattainment designation. In
addition, the commenter stated that EPA
lacks authority to enter into EACs with
areas and lacks authority to allow areas
to be relieved of obligations under title
I, part D of the CAA while these areas
are violating the 8-hour ozone standard
or are designated nonattainment for that
standard.
Response: The compact program, as
designed, gives local areas the flexibility
to develop their own approach to
meeting the 8-hour ozone standard. The
participating communities are serious in
their commitment and have
demonstrated attainment with the 8hour ozone standard sooner than was
required under the CAA by
implementing State and local measures
for controlling emissions from local
sources earlier than the CAA would
otherwise require. By involving diverse
stakeholders, including representatives
from industry, local and State
governments, and local environmental
and citizens groups, a number of these
communities have, for the first time,
cooperated on a regional basis to solve
environmental problems that affect the
health and welfare of their citizens.
People living in these areas realized
reductions in pollution levels sooner
and are enjoying the health benefits of
17899
cleaner air sooner than might otherwise
occur. We incorporate our responses to
similar comments from our final rules
dated April 30, 2004 (69 FR 23858) and
August 29, 2005 (70 FR 50988)
respectively.
V. What is the Final Action for the 13
Early Action Compact Areas?
The 13 EAC areas with deferred
nonattainment designations for the 8hour NAAQS, had to meet one final
milestone which was to demonstrate
attainment with the 8-hour ozone
NAAQS by December 31, 2007. Each of
these EAC areas met all of the earlier
milestones of the EAC program and the
States in which the areas are located
have now submitted quality-assured
data demonstrating that the areas
attained the 8-hour ozone NAAQS based
on air quality data from 2005, 2006 and
2007. Therefore, EPA is designating
these 13 areas as attainment for the 8hour ozone standard effective April 15,
2008. Because this action will relieve a
restriction by finalizing the designations
for these areas, the requirement of
section 553(d) of the Administrative
Procedure Act that a rule not take effect
earlier than 30 days following
publication does not apply. Table 1
provides the 8-hour ozone design values
for each of the 13 EAC areas based on
the 2005–2007 air quality data.
TABLE 1.—8-HOUR OZONE DESIGN VALUES FOR COMPACT AREAS TO BE DESIGNATED ATTAINMENT FOR 8-HOUR OZONE
NAAQS EFFECTIVE APRIL 15, 2008
(NOTE: Name of designated 8-hour ozone area is in parentheses)
Counties designated attainment effective April 15, 2008
Compact area
(designated area),
State
8-Hour ozone
design value
(parts per million)
EPA Region 3
VA .....................
VA .....................
MD ....................
WV ....................
Northern Shenandoah Valley Region (Frederick County, VA), adjacent
to Washington, DC–MD–VA.
Roanoke Area (Roanoke, VA) .................................................................
Washington County (Washington County (Hagerstown, MD), adjacent
to Washington, DC–MD–VA.
The Eastern Pan Handle Region (Berkeley & Jefferson Counties, WV),
Martinsburg area.
Winchester City ..............................
Frederick County
Roanoke County .............................
Botetourt County
Roanoke City
Salem City
Washington County ........................
0.073
0.076
0.079
Berkeley County .............................
Jefferson County
0.075
Catawba County .............................
Alexander County
Burke County (part)
Caldwell County (part)
0.078
EPA Region 4
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NC .....................
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Unifour (Hickory-Morganton-Lenoir, NC) .................................................
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TABLE 1.—8-HOUR OZONE DESIGN VALUES FOR COMPACT AREAS TO BE DESIGNATED ATTAINMENT FOR 8-HOUR OZONE
NAAQS EFFECTIVE APRIL 15, 2008—Continued
(NOTE: Name of designated 8-hour ozone area is in parentheses)
8-Hour ozone
design value
(parts per million)
State
Compact area
(designated area),
Counties designated attainment effective April 15, 2008
NC .....................
Triad (Greensboro-Winston-Salem-High Point, NC) ...............................
0.083
NC .....................
SC .....................
Cumberland County (Fayetteville, NC) ...................................................
Appalachian (Greenville-Spartanburg-Anderson, SC) ............................
SC .....................
Central Midlands Columbia area .............................................................
TN/GA ...............
Chattanooga (Chattanooga, TN–GA) ......................................................
TN .....................
Nashville (Nashville, TN) .........................................................................
TN .....................
Johnson City-Kingsport-Bristol Area (TN portion only) ...........................
Randolph County ............................
Forsyth County
Davie County
Alamance County
Caswell County
Davidson County
Guilford County
Rockingham County
Cumberland County .......................
Spartanburg County .......................
Greenville County
Anderson County
Richland County (part) ...................
Lexington County (part)
Hamilton County, TN ......................
Meigs County, TN
Catoosa County, GA
Davidson County ............................
Rutherford County
Williamson County
Wilson County
Sumner County
Sullivan County, TN .......................
Hawkins County, TN
Bexar County ..................................
Comal County
Guadalupe County
0.082
0.082
0.083
0.082
0.084
0.084
0.083
EPA Region 6
TX .....................
San Antonio .............................................................................................
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VI. Why Is EPA Revoking the 1-hour
Ozone Standard?
The regulatory text for the 1-hour
ozone standard provides that the 1-hour
ozone standard ‘‘will no longer apply to
an area one year after the effective date
of the designation of that area for the 8hour ozone NAAQS pursuant to section
107 of the Clean Air Act.’’ 40 CFR
50.9(b). In accordance with this
regulation, the 1-hour ozone NAAQS
will no longer apply in the 13 EAC areas
effective April 15, 2009. Because the 8hour ozone nonattainment designation
for the Denver EAC became effective
November 20, 2007, the 1-hour ozone
NAAQS will no longer apply in the
Denver EAC area effective November 20,
2008. We are revising the 1-hour ozone
NAAQS tables in Part 81 to reflect the
date on which the 1-hour ozone
standard will no longer apply for these
areas.
VII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
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Executive Order 12866 (58 FR 51735;
October 4, 1993) and is therefore not
subject to review under the Executive
Order.
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. Burden is
defined at 5 CFR 1320.39b). This final
rule does not require the collection of
any information.
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 this final rule on small entities, small
entity is defined as: (1) A small business
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that is a small industrial entity as
defined in the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (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.
After considering the economic
impacts of this final rule on small
entities, I certify that this rule will not
have a significant economic impact on
a substantial number of small entities.
This final rule will not impose any
requirements on 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
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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.
This final rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any one year. Thus, this final
rulemaking is not subject to the
requirements of sections 202 and 205 of
the UMRA.
EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments because this rule
does not contain Federal mandates.
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 E.O. 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
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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
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 final rule would
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 final rule.
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. 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. Thus
Executive Order 13175 does not apply
to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This final rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations 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.
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17901
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law 104–113,
section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards 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 voluntary consensus standards
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable VCS.
This final rule does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629;
Feb. 16, 1994 establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
final rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. The health and
environmental risks associated with
ozone were considered in the
establishment of the 8-hour, 0.08 ppm
ozone NAAQS. The level is designed to
be protective with an adequate margin
of safety.
K. 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
E:\FR\FM\02APR1.SGM
02APR1
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Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Rules and Regulations
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
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 April
15, 2008.
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the District of
Columbia Circuit by June 2, 2008. Filing
a petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review must be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See CAA
Section 307(b)(2).
Authority: 42 U.S.C. 7408; 42 U.S.C. 7410;
42 U.S.C. 7501–7511f; 42 U.S.C. 7601(a)(1).
Greeley-Ft. Collins-Love) area where it is
revoked effective November 20, 2008.
Dated: March 27, 2008.
Stephen L. Johnson,
Administrator.
*
For the reason set out in the preamble,
title 40, chapter I of the Code of Federal
Regulations is amended as follows:
*
PART 81—[AMENDED]
3. Section 81.311 is amended as
follows:
I a. In the table entitled ‘‘Georgia-Ozone
(1-Hour Standard) 2’’ by revising
footnote 2.
I b. In the table entitled ‘‘Georgia-Ozone
(8-Hour Standard)’’ by:
I i. Revising footnote 2.
I ii. Under ‘‘Chattanooga, TN–GA’’ by
revising the entry for ‘‘Catoosa County’’.
1. The authority citation for part 81
continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C—[Amended]
*
*
*
*
*
2. Section 81.306 is amended as
follows:
I a. In the table entitled ‘‘ColoradoOzone (1-Hour Standard) 4’’ by revising
footnote 4.
I b. In the table entitled ‘‘ColoradoOzone (8-Hour Standard)’’ by revising
footnote 2.
I
*
*
*
*
*
2 Effective
*
*
*
*
November 20, 2007.
*
*
*
§ 81.311
*
*
Georgia.
*
*
*
Georgia-Ozone (1-Hour Standard) 2
*
*
*
*
*
1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Georgia, except the Chattanooga (Catoosa
County) area where it is revoked effective
April 15, 2009.
*
*
Colorado-Ozone (1-Hour Standard) 4
*
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control.
*
2 The
Colorado.
*
*
I
I
*
*
Colorado-Ozone (8-Hour Standard)
I
§ 81.306
*
*
*
4 The
1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Colorado except the Denver (Denver-Boulder-
*
*
*
*
*
GEORGIA-OZONE
[8–Hour Standard]
Designationa
Category/classification
Designated area
Date 1
Type
*
*
Chattanooga, TN–GA:
Catoosa County .......................
*
*
*
*
*
*
mstockstill on PROD1PC66 with RULES
*
*
*
*
I 4. Section 81.321 is amended as
follows:
I a. In the table entitled ‘‘MarylandOzone (1-Hour Standard) 2’’ by revising
footnote 2.
18:23 Apr 01, 2008
*
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*
*
*
*
*
Maryland-Ozone (1-Hour Standard) 2
b. In the table entitled ‘‘MarylandOzone (8-Hour Standard)’’ by:
I i. Revising footnote 2.
I ii. Under ‘‘Washington County
(Hagerstown), MD’’ by revising the entry
for ‘‘Washington County’’.
1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Maryland except the Washington Co. area
where it is revoked effective April 15, 2009.
§ 81.321
*
I
April 15, 2008.
*
VerDate Aug<31>2005
*
Type
Attainment.
*
*
*
(2)
*
2 Effective
Date 1
*
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Maryland.
*
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*
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*
*
*
*
*
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*
*
2 The
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MARYLAND-OZONE
[8-Hour Standard]
Designation a
Category/classification
Designated area
Date 1
*
*
Washington County (Hagerstown),
MD:
Washington County ..................
*
*
*
*
*
*
*
*
*
*
*
*
I 5. Section 81.334 is amended as
follows:
I a. In the table entitled ‘‘North
Carolina-Ozone (1-Hour Standard) 2’’ by
revising footnote 2.
I b. In the table entitled ‘‘North
Carolina-Ozone (8-Hour Standard)’’ by:
I i. Revising footnote 2.
I ii. Under ‘‘Fayetteville, NC’’ by
revising the entry for ‘‘Cumberland
*
Type
Attainment.
*
April 15, 2008.
*
(2)
*
2 Effective
Date1
Type
*
*
*
*
*
*
County’’; under ‘‘Greensboro-WinstonSalem-High Point, NC’’ by revising the
entries for ‘‘Alamance County’’,
‘‘Caswell County’’, ‘‘Davidson County’’,
‘‘Davie County’’, ‘‘Forsyth County’’,
‘‘Guilford County’’, ‘‘Randolph County’’,
and ‘‘Rockingham County’’; under
‘‘Hickory-Morganton-Lenoir, NC’’ by
revising the entries for ‘‘Alexander
County’’, ‘‘Burke County (part)’’, and
‘‘Caldwell County (part)’’, and ‘‘Catawba
County’’.
§ 81.334
*
*
North Carolina.
*
*
*
North Carolina-Ozone (1-Hour
Standard) 2
*
*
*
*
*
2 The
1-hour ozone standard is revoked
effective June 15, 2005 for all areas in North
Carolina except the Cumberland Co.
(Fayetteville), Triad (Greensboro-WinstonSalem-High Point), and Unifour (HickoryMorgantown-Lenoir areas where it is revoked
effective April 15, 2009.
*
*
*
*
*
NORTH CAROLINA-OZONE
[8-Hour Standard]
Designation a
Category/classification
Designated area
Date 1
Type
*
*
Fayetteville, NC:
Cumberland County .................
Greensboro-Winston-Salem-High
Point, NC:
Alamance County .....................
Caswell County ........................
Davidson County ......................
Davie County ...........................
Forsyth County .........................
Guilford County ........................
Randolph County .....................
Rockingham County .................
*
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*
(2)
*
*
*
*
(2)
(2)
Attainment.
Attainment.
(2)
Attainment.
(2)
Attainment.
(2)
(2)
(2)
(2)
(2)
*
*
*
*
*
I 6. Section 81.341 is amended as
follows:
Jkt 214001
*
*
*
*
*
*
*
*
*
a. In the table entitled ‘‘South
Carolina-Ozone (1-Hour Standard) 2 ’’ by
revising footnote 2.
I b. In the table entitled ‘‘South
Carolina-Ozone (8-Hour Standard)’’ by:
I
April 15, 2008.
18:23 Apr 01, 2008
*
(2)
*
*
VerDate Aug<31>2005
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
*
Type
Attainment.
(2)
*
2 Effective
*
(2)
*
*
Hickory-Morganton-Lenoir, NC:
Alexander County ....................
Burke County (part) Unifour
Metropolitan Planning Organization Boundary.
Caldwell County (part) Unifour
Metropolitan Planning Organization Boundary.
Catawba County ......................
*
Date 1
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i. Revising footnote 2.
ii. Under ‘‘Columbia, SC’’ by revising
the entries for ‘‘Lexington County (part)
Portion along MPO lines’’, ‘‘Richland
County (part) Portion along MPO lines’’;
I
I
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§ 81.341
under ‘‘Greenville-SpartanburgAnderson, SC’’ by revising the entries
for ‘‘Anderson County’’, ‘‘Greenville
County’’, and ‘‘Spartanburg County’’.
*
2 The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in South
Carolina except the Central Midlands-I
(Columbia) and Appalachian-A (GreenvilleSpartanburg-Anderson) areas where it is
revoked effective April 15, 2009.
South Carolina.
*
*
*
*
South Carolina-Ozone (1-Hour
Standard) 2
*
*
*
*
*
*
*
*
*
*
SOUTH CAROLINA-OZONE
[8-Hour Standard]
Designation a
Category/classification
Designated area
Date 1
Columbia, SC:
Lexington County (part) Portion
along MPO lines.
Richland County (part) Portion
along MPO lines.
Greenville-Spartanburg-Anderson,
SC:
Anderson County .....................
Greenville County ....................
Spartanburg County .................
(2)
*
2
*
*
Type
Attainment.
(2)
(2)
Attainment.
Attainment.
Attainment.
(2)
(2)
*
*
Date 1
Type
*
*
Effective April 15, 2008.
*
*
*
*
*
I 7. Section 81.343 is amended as
follows:
I a. In the table entitled ‘‘TennesseeOzone (1-Hour Standard) 2’’ by revising
footnote 2.
I b. In the table entitled ‘‘TennesseeOzone (8-Hour Standard)’’ by:
I i. Revising footnote 2.
*
*
*
*
I ii. Under ‘‘Chattanooga, TN–GA’’ by
revising the entries under ‘‘Hamilton
County’’ and ‘‘Meigs County’’; under
‘‘Johnson City-Kingsport-Bristol, TN’’ by
revising entries for ‘‘Hawkins County’’
and ‘‘Sullivan County’’; and under
‘‘Nashville, TN’’ by revising the entries
for ‘‘Davidson County’’, ‘‘Rutherford
County’’, ‘‘Sumner County’’,
‘‘Williamson County’’, and ‘‘Wilson
County’’.
*
§ 81.343
*
*
Tennessee.
*
*
*
Tennessee-Ozone (1-Hour Standard) 2
*
*
*
*
*
2 The
1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Tennessee except the Chattanooga, Johnson
City-Kingsport-Bristol, and Nashville areas
where it is revoked effective April 15, 2009.
*
*
*
*
*
TENNESSEE-OZONE
[8-Hour Standard]
Designation a
Category/classification
Designated area
Date 1
Type
Chattanooga, TN–GA:
Hamilton County ......................
Meigs County ...........................
(2)
(2)
(2)
(2)
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*
*
*
VerDate Aug<31>2005
*
*
*
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*
*
*
*
8. Section 81.344 is amended as
follows:
*
*
I
*
18:23 Apr 01, 2008
Attainment.
Attainment.
Attainment.
Attainment.
Attainment.
*
April 15, 2008.
*
(2)
(2)
(2)
(2)
(2)
*
Attainment.
Attainment.
*
*
*
Nashville, TN:
Davidson County ......................
Rutherford County ....................
Sumner County ........................
Williamson County ...................
Wilson County ..........................
*
Type
Attainment.
Attainment.
*
*
*
Johnson City-Kingsport-Bristol, TN:
Hawkins County .......................
Sullivan County ........................
*
Date 1
*
*
a. In the table entitled ‘‘Texas-Ozone
(1-Hour Standard) 2’’ by revising
footnote 2.
I
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b. In the table entitled ‘‘Texas-Ozone
(8-Hour Standard)’’ by:
I i. Revising footnote 2.
I ii. Under ‘‘San Antonio, TX’’ by
revising the entries ‘‘Bexar County’’,
‘‘Comal County’’, and ‘‘Guadalupe
County’’.
I
§ 81.344
*
*
except the San Antonio area where it is
revoked effective April 15, 2009.
Texas.
*
*
*
*
Texas-Ozone (1-Hour Standard) 2
*
*
*
*
*
*
*
*
*
2 The
1-hour ozone standard is revoked
effective June 15, 2005 for all areas in Texas
TEXAS-OZONE
[8-Hour Standard]
Designation a
Category/classification
Designated area
Date 1
Type
*
*
San Antonio, TX:
Bexar County ...........................
Comal County ..........................
Guadalupe County ...................
*
*
*
(2)
(2)
(2)
(2)
*
*
*
*
*
*
*
*
*
*
*
i. Revising footnote 2.
ii. Under ‘‘Frederick Col, VA’’ by
revising the entries for ‘‘Frederick
County’’ and ‘‘Winchester City’’, and
under ‘‘Roanoke, VA’’ by revising the
entries for ‘‘Botetourt County’’,
‘‘Roanoke City’’, ‘‘Roanoke County’’ and
‘‘Salem City’’.
1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Virginia except Northern Shenandoah Valley
Region (Winchester City and Frederick
County) and Roanoke area where it is
revoked effective April 15, 2009.
§ 81.347
*
I
I
April 15, 2008.
*
*
*
*
*
I 9. Section 81.347 is amended as
follows:
I a. In the table entitled ‘‘VirginiaOzone (1-Hour Standard) 3’’ by revising
footnote 3.
I b. In the table entitled ‘‘VirginiaOzone (8-Hour Standard)’’ by:
Type
Attainment.
Attainment.
Attainment.
*
*
*
2 Effective
Date 1
*
*
Virginia.
*
*
Virginia-Ozone (1-Hour Standard) 3
*
*
*
*
*
3 The
*
*
*
*
*
VIRGINIA-OZONE
[8-Hour Standard]
Designation a
Category/classification
Designated area
Date1
Type
Frederick Co., VA:
Frederick County ......................
Winchester City ........................
(2)
(2)
(2)
(2)
(2)
(2)
*
*
*
2 Effective
*
*
*
*
*
*
10. Section 81.349 is amended as
follows:
I a. In the table entitled ‘‘West
Virginia—Ozone (1-Hour Standard) 2 ’’
by revising footnote 2.
mstockstill on PROD1PC66 with RULES
I
VerDate Aug<31>2005
18:23 Apr 01, 2008
*
*
Jkt 214001
*
*
*
*
*
b. In the table entitled ‘‘West
Virginia—Ozone (8-Hour Standard)’’ by:
I i. Revising footnote 2.
I ii. Under ‘‘Berkeley & Jefferson Cos,
WV’’ by revising the entries for
‘‘Berkeley County’’ and ‘‘Jefferson
County’’.
I
April 15, 2008.
*
Attainment.
Attainment.
Attainment
Attainment.
*
*
*
Type
Attainment.
Attainment.
*
*
*
Roanoke, VA:
Botetourt County ......................
Roanoke City ...........................
Roanoke County ......................
Salem City ................................
*
Date1
§ 81.349
*
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*
West Virginia.
*
Frm 00025
*
Fmt 4700
*
Sfmt 4700
West Virginia-Ozone (1-Hour
Standard) 2
*
*
*
*
*
2 The
1-hour ozone standard is revoked
effective June 15, 2005 for all areas in West
Virginia except the Eastern Pan Handle
Region (Berkeley and Jefferson Counties)
where it is revoked effective April 15, 2009.
*
E:\FR\FM\02APR1.SGM
*
*
02APR1
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WEST VIRGINIA-OZONE
[8-Hour Standard]
Designation a
Category/classification
Designated area
Date1
Berkeley & Jefferson Cos. WV:
Berkeley County .......................
Jefferson County ......................
*
*
*
*
2 Effective
*
*
(2)
(2)
*
*
April 15, 2008.
*
*
*
[FR Doc. E8–6825 Filed 4–1–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2006–0678; FRL–8356–6]
Acequinocyl; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation establishes
tolerances for combined residues of
acequinocyl and its metabolite, 2dodecyl-3-hydroxy-1, 4-naphthoquinone
(acequinocyl-OH) expressed as
acequinocyl equivalents in or on nut,
tree, group 14 and grape and removes
the separate tolerances established for
almond. Arysta LifeScience North
America Corporation requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective April
2, 2008. Objections and requests for
hearings must be received on or before
June 2, 2008, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0678. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
mstockstill on PROD1PC66 with RULES
ADDRESSES:
VerDate Aug<31>2005
18:23 Apr 01, 2008
Jkt 214001
*
Type
Attainment.
Attainment.
*
*
Date1
Type
*
index, some information is not publicly
available, e.g., 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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Marilyn Mautz, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–6785; e-mail address:
mautz.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111),
e.g., agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
code 32532), e.g., agricultural workers;
commercial applicators; farmers;
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*
*
greenhouse, nursery, and floriculture
workers; residential users.
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s pilot
e-CFR site at https://www.gpoaccess.gov/
ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, any
person may file an objection to any
aspect of this regulation and may also
request a hearing on those objections.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2006–0678 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
as required by 40 CFR part 178 on or
before June 2, 2008.
In addition to filing an objection or
hearing request with the Hearing Clerk
E:\FR\FM\02APR1.SGM
02APR1
]]>Agencies
[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Rules and Regulations]
[Pages 17897-17906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6825]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2008-0006; FRL-8550-1]
RIN 2060-AO83
Final 8-Hour Ozone National Ambient Air Quality Standards
Designations for the Early Action Compact Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is designating 13 Early Action Compact (EAC) Areas as
attainment for the 8-hour ozone National Ambient Air Quality Standard
(NAAQS). The EAC areas agreed to reduce ground-level ozone pollution
earlier than the Clean Air Act (CAA) required and to demonstrate
attainment with the 8-hour ozone NAAQS by December 31, 2007. The States
in which these 13 areas are located have submitted quality-assured data
indicating that the areas are in
[[Page 17898]]
attainment for the 8-hour ozone NAAQS based on ambient air monitoring
data from 2005, 2006 and 2007. In addition, consistent with EPA's
implementing regulations, the 1-hour ozone NAAQS will no longer apply
in each of these areas one year after the effective date of the
designation. We are modifying the 8-hour ozone NAAQS tables in the
regulations to reflect the attainment designation for the 13 EAC areas
and the 1-hour ozone NAAQS tables in the regulations to reflect that
the 1-hour standard will no longer apply in these areas as of April 15,
2009. Additionally, we are modifying the 8-hour and 1-hour ozone NAAQS
tables in the regulations to reflect the nonattainment designation for
the Denver EAC area, which became effective November 20, 2007 and to
reflect that the 1-hour standard will no longer apply in that area as
of November 20, 2008.
DATES: This rule is effective April 15, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2008-0006. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., 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 through
www.regulations.gov or in hard copy at the Docket, EPA/DC, EPA West
Building, EPA Headquarters Library, Room 3334, located at 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
Hours of operation will be 8:30 a.m. to 4:30 p.m. Eastern Standard Time
(EST), 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 is (202) 566-1742.
The Air and Radiation Docket Information Center's e-mail address is a-
and-r-Docket@epa.gov, and Web address is: https://www.epa.gov/oar/
docket.html. In addition, we have placed a copy of the rule and a
variety of materials relevant to EAC areas on EPA's Web site at https://
www.epa.gov/ttn/naaqs/ozone/eac/.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code C539-04, Research Triangle Park, NC 27711, phone number (919)
541-1051 or by e-mail at: driscoll.barbara@epa.gov or Mr. David Cole,
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Mail Code C304-05, Research Triangle Park, NC 27711,
phone number (919) 541-5565 or by e-mail at: cole.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This final action applies to the 13 EAC areas identified in section
V, Table 1, below that have deferred designations for the 8-hour ozone
NAAQS until April 15, 2008. Additionally, EPA is taking the ministerial
action of revising the CFR to reflect the effective date of the
nonattainment designation for the Denver EAC area, which was designated
nonattainment on November 20, 2007, and to reflect that the 1-hour
ozone standard will no longer apply in the Denver area as of November
20, 2008.
B. How Is This Document Organized?
The information presented in this preamble is organized as follows:
Outline
I. General Information
A. Does This Action Apply to Me?
B. How Is This Document Organized?
II. What is the Purpose of This Document?
III. What Action Has EPA Taken to Date for Early Action Compact
Areas?
IV. What Comments Did EPA Receive on the February 6, 2008 Proposal
To Designate These 13 Early Action Compact Areas in Attainment With
the 8-Hour Ozone NAAQS?
V. What Is the Final Action for the 13 Early Action Compact Areas?
VI. Why Is EPA Revoking the 1-Hour Ozone Standard?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Petitions for Judicial Review
II. What Is the Purpose of This Document?
The purpose of this document is to designate 13 EAC areas as
attainment for the 8-hour ozone NAAQS, as they have met all the
milestones of the EAC program and demonstrated that they were in
attainment with the 8-hour ozone NAAQS by December 31, 2007. This final
action also takes the ministerial action of revising Section 81.306 to
reflect the 8-hour ozone nonattainment designation for the Denver EAC
area, which became effective November 20, 2007. Additionally, it
revises the 1-hour ozone NAAQS tables for the 13 EAC areas and the
Denver area to reflect that the 1-hour ozone standard no longer applies
one year after the effective date of designation for each area. The 1-
hour standard was revoked, effective June 15, 2005 for all other areas
of the country except the 14 EAC areas that were designated
nonattainment with a deferred effective date.
III. What Action has EPA Taken to Date for Early Action Compact Areas?
There are 13 EAC areas that had the effective date of their 8-hour
ozone designations deferred until April 15, 2008 (71 FR 69022).\1\
Fifteen other areas that are participating in the program were
designated attainment in April 2004, with an effective date of June 15,
2004. These areas have remained in the program in order to continue
improving their local air quality. For one EAC area, the Denver EAC
area, the nonattainment designation for the 8-hour ozone NAAQS became
effective November 20, 2007, consistent with the terms of a settlement
agreement reached in litigation challenging our actions with respect to
the Denver EAC area. Rocky Mountain Clean Air Action v. EPA (D.C. Cir.
No. 07-1012). For discussions on EPA's actions to date with respect to
deferring the effective date of nonattainment designations for certain
areas of the country that are participating in the EAC program and
Denver specifically please refer to the Federal Register dated June 28,
2007 (72 FR 35356) and September 21, 2007 (72 FR 53952). In addition,
EPA's April 30, 2004, air quality designation rule (69 FR 23858)
provides a description of the compact area approach, the requirements
for areas participating in
[[Page 17899]]
the compact and the impacts of the compact on those areas.
---------------------------------------------------------------------------
\1\ As noted previously, we also initially deferred the
nonattainment designation for the Denver EAC area, but the
nonattainment designation for the Denver EAC area became effective
November 20, 2007.
---------------------------------------------------------------------------
You may find copies of all State reports at https://www.epa.gov/ttn/
naaqs/ozone/eac/.
IV. What Comments did EPA receive on the February 6, 2008 proposal to
designate these 13 Early Action Compact Areas in attainment with the 8-
hour Ozone NAAQS?
We received three comments on the proposed rule to designate these
13 EAC areas in attainment with the 8-hour ozone standard effective
April 15, 2008. We have responded to the comments in this section.
Comments: Two commenters expressed support for the compact process,
the goal of clean air sooner, the incentives and flexibility the
program provides for encouraging early reductions of ozone-forming
pollution, and the deferred effective date of nonattainment
designation. However, one commenter opposed the EAC program indicating
the program conflicts with existing obligations under the Clean Air Act
and may create the potential for downwind areas to be adversely
affected by the emissions growth in EAC areas in the future. This
commenter expressed concern about various legal aspects of the program,
primarily the deferral of the effective date of the nonattainment
designation for these areas. The commenter indicated that EPA lacks
authority under the CAA to defer the effective date of a nonattainment
designation. In addition, the commenter stated that EPA lacks authority
to enter into EACs with areas and lacks authority to allow areas to be
relieved of obligations under title I, part D of the CAA while these
areas are violating the 8-hour ozone standard or are designated
nonattainment for that standard.
Response: The compact program, as designed, gives local areas the
flexibility to develop their own approach to meeting the 8-hour ozone
standard. The participating communities are serious in their commitment
and have demonstrated attainment with the 8-hour ozone standard sooner
than was required under the CAA by implementing State and local
measures for controlling emissions from local sources earlier than the
CAA would otherwise require. By involving diverse stakeholders,
including representatives from industry, local and State governments,
and local environmental and citizens groups, a number of these
communities have, for the first time, cooperated on a regional basis to
solve environmental problems that affect the health and welfare of
their citizens. People living in these areas realized reductions in
pollution levels sooner and are enjoying the health benefits of cleaner
air sooner than might otherwise occur. We incorporate our responses to
similar comments from our final rules dated April 30, 2004 (69 FR
23858) and August 29, 2005 (70 FR 50988) respectively.
V. What is the Final Action for the 13 Early Action Compact Areas?
The 13 EAC areas with deferred nonattainment designations for the
8-hour NAAQS, had to meet one final milestone which was to demonstrate
attainment with the 8-hour ozone NAAQS by December 31, 2007. Each of
these EAC areas met all of the earlier milestones of the EAC program
and the States in which the areas are located have now submitted
quality-assured data demonstrating that the areas attained the 8-hour
ozone NAAQS based on air quality data from 2005, 2006 and 2007.
Therefore, EPA is designating these 13 areas as attainment for the 8-
hour ozone standard effective April 15, 2008. Because this action will
relieve a restriction by finalizing the designations for these areas,
the requirement of section 553(d) of the Administrative Procedure Act
that a rule not take effect earlier than 30 days following publication
does not apply. Table 1 provides the 8-hour ozone design values for
each of the 13 EAC areas based on the 2005-2007 air quality data.
Table 1.--8-Hour Ozone Design Values for Compact Areas To Be Designated Attainment for 8-hour Ozone NAAQS
Effective April 15, 2008
(NOTE: Name of designated 8-hour ozone area is in parentheses)
----------------------------------------------------------------------------------------------------------------
8-Hour ozone
Counties designated design value
State Compact area (designated area), attainment effective April (parts per
15, 2008 million)
----------------------------------------------------------------------------------------------------------------
EPA Region 3
----------------------------------------------------------------------------------------------------------------
VA............................... Northern Shenandoah Valley Winchester City............ 0.073
Region (Frederick County, VA), Frederick County...........
adjacent to Washington, DC-MD-
VA.
VA............................... Roanoke Area (Roanoke, VA)...... Roanoke County............. 0.076
Botetourt County...........
Roanoke City...............
Salem City.................
MD............................... Washington County (Washington Washington County.......... 0.079
County (Hagerstown, MD),
adjacent to Washington, DC-MD-
VA.
WV............................... The Eastern Pan Handle Region Berkeley County............ 0.075
(Berkeley & Jefferson Counties, Jefferson County...........
WV), Martinsburg area.
----------------------------------------------------------------------------------------------------------------
EPA Region 4
----------------------------------------------------------------------------------------------------------------
NC............................... Unifour (Hickory-Morganton- Catawba County............. 0.078
Lenoir, NC). Alexander County...........
Burke County (part)........
Caldwell County (part).....
[[Page 17900]]
NC............................... Triad (Greensboro-Winston-Salem- Randolph County............ 0.083
High Point, NC). Forsyth County.............
Davie County...............
Alamance County............
Caswell County.............
Davidson County............
Guilford County............
Rockingham County..........
NC............................... Cumberland County (Fayetteville, Cumberland County.......... 0.082
NC).
SC............................... Appalachian (Greenville- Spartanburg County......... 0.083
Spartanburg-Anderson, SC). Greenville County..........
Anderson County............
SC............................... Central Midlands Columbia area.. Richland County (part)..... 0.082
Lexington County (part)....
TN/GA............................ Chattanooga (Chattanooga, TN- Hamilton County, TN........ 0.084
GA). Meigs County, TN...........
Catoosa County, GA.........
TN............................... Nashville (Nashville, TN)....... Davidson County............ 0.084
Rutherford County..........
Williamson County..........
Wilson County..............
Sumner County..............
TN............................... Johnson City-Kingsport-Bristol Sullivan County, TN........ 0.083
Area (TN portion only). Hawkins County, TN.........
----------------------------------------------------------------------------------------------------------------
EPA Region 6
----------------------------------------------------------------------------------------------------------------
TX............................... San Antonio..................... Bexar County............... 0.082
Comal County...............
Guadalupe County...........
----------------------------------------------------------------------------------------------------------------
VI. Why Is EPA Revoking the 1-hour Ozone Standard?
The regulatory text for the 1-hour ozone standard provides that the
1-hour ozone standard ``will no longer apply to an area one year after
the effective date of the designation of that area for the 8-hour ozone
NAAQS pursuant to section 107 of the Clean Air Act.'' 40 CFR 50.9(b).
In accordance with this regulation, the 1-hour ozone NAAQS will no
longer apply in the 13 EAC areas effective April 15, 2009. Because the
8-hour ozone nonattainment designation for the Denver EAC became
effective November 20, 2007, the 1-hour ozone NAAQS will no longer
apply in the Denver EAC area effective November 20, 2008. We are
revising the 1-hour ozone NAAQS tables in Part 81 to reflect the date
on which the 1-hour ozone standard will no longer apply for these
areas.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735; October 4, 1993) and is
therefore not subject to review under the Executive Order.
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.
Burden is defined at 5 CFR 1320.39b). This final rule does not require
the collection of any information.
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 this final rule on small
entities, small entity is defined as: (1) A small business that is a
small industrial entity as defined in the Small Business
Administration's (SBA) regulations at 13 CFR 121.201; (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.
After considering the economic impacts of this final rule on small
entities, I certify that this rule will not have a significant economic
impact on a substantial number of small entities. This final rule will
not impose any requirements on 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
[[Page 17901]]
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.
This final rule does not contain a Federal mandate that may result
in expenditures of $100 million or more for State, local, and Tribal
governments, in the aggregate, or the private sector in any one year.
Thus, this final rulemaking is not subject to the requirements of
sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments because this rule does not contain Federal mandates.
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 E.O.
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 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 final rule would 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 final rule.
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. 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. Thus Executive
Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations 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.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards 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
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable VCS.
This final rule does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629; Feb. 16, 1994 establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The health and environmental risks associated with ozone
were considered in the establishment of the 8-hour, 0.08 ppm ozone
NAAQS. The level is designed to be protective with an adequate margin
of safety.
K. 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
[[Page 17902]]
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 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 April 15, 2008.
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit by June 2, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review must be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. See CAA Section 307(b)(2).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501-7511f;
42 U.S.C. 7601(a)(1).
Dated: March 27, 2008.
Stephen L. Johnson,
Administrator.
0
For the reason set out in the preamble, title 40, chapter I of the Code
of Federal Regulations 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. Section 81.306 is amended as follows:
0
a. In the table entitled ``Colorado-Ozone (1-Hour Standard) \4\'' by
revising footnote 4.
0
b. In the table entitled ``Colorado-Ozone (8-Hour Standard)'' by
revising footnote 2.
Sec. 81.306 Colorado.
* * * * *
Colorado-Ozone (1-Hour Standard) \4\
* * * * *
\4\ The 1-hour ozone standard is revoked effective June 15, 2005
for all areas in Colorado except the Denver (Denver-Boulder-Greeley-
Ft. Collins-Love) area where it is revoked effective November 20,
2008.
* * * * *
Colorado-Ozone (8-Hour Standard)
* * * * *
\2\ Effective November 20, 2007.
* * * * *
0
3. Section 81.311 is amended as follows:
0
a. In the table entitled ``Georgia-Ozone (1-Hour Standard) \2\'' by
revising footnote 2.
0
b. In the table entitled ``Georgia-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Chattanooga, TN-GA'' by revising the entry for ``Catoosa
County''.
Sec. 81.311 Georgia.
* * * * *
Georgia-Ozone (1-Hour Standard) \2\
* * * * *
\2\ The 1-hour ozone standard is revoked effective June 15, 2005
for all areas in Georgia, except the Chattanooga (Catoosa County)
area where it is revoked effective April 15, 2009.
* * * * *
Georgia-Ozone
[8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
Designation\a\ Category/classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chattanooga, TN-GA:
Catoosa County................ \(2)\ Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\2\ Effective April 15, 2008.
* * * * *
0
4. Section 81.321 is amended as follows:
0
a. In the table entitled ``Maryland-Ozone (1-Hour Standard) \2\'' by
revising footnote 2.
0
b. In the table entitled ``Maryland-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Washington County (Hagerstown), MD'' by revising the entry
for ``Washington County''.
Sec. 81.321 Maryland.
* * * * *
Maryland-Ozone (1-Hour Standard) \2\
* * * * *
\2\ The 1-hour ozone standard is revoked effective June 15, 2005
for all areas in Maryland except the Washington Co. area where it is
revoked effective April 15, 2009.
* * * * *
[[Page 17903]]
Maryland-Ozone
[8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Washington County (Hagerstown),
MD:
Washington County............. \(2)\ Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\2\ Effective April 15, 2008.
* * * * *
0
5. Section 81.334 is amended as follows:
0
a. In the table entitled ``North Carolina-Ozone (1-Hour Standard) \2\''
by revising footnote 2.
0
b. In the table entitled ``North Carolina-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Fayetteville, NC'' by revising the entry for ``Cumberland
County''; under ``Greensboro-Winston-Salem-High Point, NC'' by revising
the entries for ``Alamance County'', ``Caswell County'', ``Davidson
County'', ``Davie County'', ``Forsyth County'', ``Guilford County'',
``Randolph County'', and ``Rockingham County''; under ``Hickory-
Morganton-Lenoir, NC'' by revising the entries for ``Alexander
County'', ``Burke County (part)'', and ``Caldwell County (part)'', and
``Catawba County''.
Sec. 81.334 North Carolina.
* * * * *
North Carolina-Ozone (1-Hour Standard) \2\
* * * * *
\2\ The 1-hour ozone standard is revoked effective June 15, 2005
for all areas in North Carolina except the Cumberland Co.
(Fayetteville), Triad (Greensboro-Winston-Salem-High Point), and
Unifour (Hickory-Morgantown-Lenoir areas where it is revoked
effective April 15, 2009.
* * * * *
North Carolina-Ozone
[8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Fayetteville, NC:
Cumberland County............. \(2)\ Attainment.
Greensboro-Winston-Salem-High
Point, NC:
Alamance County............... \(2)\ Attainment.
Caswell County................ \(2)\ Attainment.
Davidson County............... \(2)\ Attainment.
Davie County.................. \(2)\ Attainment.
Forsyth County................ \(2)\ Attainment.
Guilford County............... \(2)\ Attainment.
Randolph County............... \(2)\ Attainment.
Rockingham County............. \(2)\ Attainment.
* * * * * * *
Hickory-Morganton-Lenoir, NC:
Alexander County.............. \(2)\ Attainment.
Burke County (part) Unifour \(2)\ Attainment.
Metropolitan Planning
Organization Boundary.
Caldwell County (part) Unifour \(2)\ Attainment.
Metropolitan Planning
Organization Boundary.
Catawba County................ \(2)\ Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\2\ Effective April 15, 2008.
* * * * *
0
6. Section 81.341 is amended as follows:
0
a. In the table entitled ``South Carolina-Ozone (1-Hour Standard) \2\
'' by revising footnote 2.
0
b. In the table entitled ``South Carolina-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Columbia, SC'' by revising the entries for ``Lexington
County (part) Portion along MPO lines'', ``Richland County (part)
Portion along MPO lines'';
[[Page 17904]]
under ``Greenville-Spartanburg-Anderson, SC'' by revising the entries
for ``Anderson County'', ``Greenville County'', and ``Spartanburg
County''.
Sec. 81.341 South Carolina.
* * * * *
South Carolina-Ozone (1-Hour Standard) \2\
* * * * *
\2 \ The 1-hour ozone standard is revoked effective June 15,
2005 for all areas in South Carolina except the Central Midlands-I
(Columbia) and Appalachian-A (Greenville-Spartanburg-Anderson) areas
where it is revoked effective April 15, 2009.
* * * * *
South Carolina-Ozone
[8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Columbia, SC:
Lexington County (part) \(2)\ Attainment.
Portion along MPO lines.
Richland County (part) Portion \(2)\ .....................
along MPO lines.
Greenville-Spartanburg-Anderson,
SC:
Anderson County............... \(2)\ Attainment.
Greenville County............. \(2)\ Attainment.
Spartanburg County............ \(2)\ Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\2 \ Effective April 15, 2008.
* * * * *
0
7. Section 81.343 is amended as follows:
0
a. In the table entitled ``Tennessee-Ozone (1-Hour Standard) \2\'' by
revising footnote 2.
0
b. In the table entitled ``Tennessee-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Chattanooga, TN-GA'' by revising the entries under
``Hamilton County'' and ``Meigs County''; under ``Johnson City-
Kingsport-Bristol, TN'' by revising entries for ``Hawkins County'' and
``Sullivan County''; and under ``Nashville, TN'' by revising the
entries for ``Davidson County'', ``Rutherford County'', ``Sumner
County'', ``Williamson County'', and ``Wilson County''.
Sec. 81.343 Tennessee.
* * * * *
Tennessee-Ozone (1-Hour Standard) \2\
* * * * *
\2\ The 1-hour ozone standard is revoked effective June 15, 2005
for all areas in Tennessee except the Chattanooga, Johnson City-
Kingsport-Bristol, and Nashville areas where it is revoked effective
April 15, 2009.
* * * * *
Tennessee-Ozone
[8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
Designation a Category/classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Chattanooga, TN-GA:
Hamilton County............... (\2\) Attainment.
Meigs County.................. (\2\) Attainment.
* * * * * * *
Johnson City-Kingsport-Bristol,
TN:
Hawkins County................ (\2\) Attainment.
Sullivan County............... (\2\) Attainment.
* * * * * * *
Nashville, TN:
Davidson County............... (\2\) Attainment.
Rutherford County............. (\2\) Attainment.
Sumner County................. (\2\) Attainment.
Williamson County............. (\2\) Attainment.
Wilson County................. (\2\) Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\2\ Effective April 15, 2008.
* * * * *
0
8. Section 81.344 is amended as follows:
0
a. In the table entitled ``Texas-Ozone (1-Hour Standard) \2\'' by
revising footnote 2.
[[Page 17905]]
0
b. In the table entitled ``Texas-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``San Antonio, TX'' by revising the entries ``Bexar County'',
``Comal County'', and ``Guadalupe County''.
Sec. 81.344 Texas.
* * * * *
Texas-Ozone (1-Hour Standard) \2\
* * * * *
\2\ The 1-hour ozone standard is revoked effective June 15, 2005
for all areas in Texas except the San Antonio area where it is
revoked effective April 15, 2009.
* * * * *
Texas-Ozone
[8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
Designation a Category/classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
San Antonio, TX: (\2\)
Bexar County.................. (\2\) Attainment.
Comal County.................. (\2\) Attainment.
Guadalupe County.............. (\2\) Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\2\ Effective April 15, 2008.
* * * * *
0
9. Section 81.347 is amended as follows:
0
a. In the table entitled ``Virginia-Ozone (1-Hour Standard) \3\'' by
revising footnote 3.
0
b. In the table entitled ``Virginia-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Frederick Col, VA'' by revising the entries for ``Frederick
County'' and ``Winchester City'', and under ``Roanoke, VA'' by revising
the entries for ``Botetourt County'', ``Roanoke City'', ``Roanoke
County'' and ``Salem City''.
Sec. 81.347 Virginia.
* * * * *
Virginia-Ozone (1-Hour Standard) \3\
* * * * *
\3\ The 1-hour ozone standard is revoked effective June 15, 2005
for all areas in Virginia except Northern Shenandoah Valley Region
(Winchester City and Frederick County) and Roanoke area where it is
revoked effective April 15, 2009.
* * * * *
Virginia-Ozone
[8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area -----------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
Frederick Co., VA:
Frederick County.............. (\2\) Attainment.
Winchester City............... (\2\) Attainment.
* * * * * * *
Roanoke, VA:
Botetourt County.............. (\2\) Attainment.
Roanoke City.................. (\2\) Attainment.
Roanoke County................ (\2\) Attainment
Salem City.................... (\2\) Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\2\ Effective April 15, 2008.
* * * * *
0
10. Section 81.349 is amended as follows:
0
a. In the table entitled ``West Virginia--Ozone (1-Hour Standard) \2\
'' by revising footnote 2.
0
b. In the table entitled ``West Virginia--Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Berkeley & Jefferson Cos, WV'' by revising the entries for
``Berkeley County'' and ``Jefferson County''.
Sec. 81.349 West Virginia.
* * * * *
West Virginia-Ozone (1-Hour Standard) \2\
* * * * *
\2\ The 1-hour ozone standard is revoked effective June 15, 2005
for all areas in West Virginia except the Eastern Pan Handle Region
(Berkeley and Jefferson Counties) where it is revoked effective
April 15, 2009.
* * * * *
[[Page 17906]]
West Virginia-Ozone
[8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area -----------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
Berkeley & Jefferson Cos. WV:
Berkeley County............... (\2\) Attainment.
Jefferson County............. (\2\) Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\2\ Effective April 15, 2008.
* * * * *
[FR Doc. E8-6825 Filed 4-1-08; 8:45 am]
BILLING CODE 6560-50-P
