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VOL. 59, No. 158

Rules and Regulations


40 CFR Part 81
[WI44-01-6426a; FRL-5053-5]

Designation of Areas for Air Quality Planning Purposes; Wisconsin; Redesignation of Oshkosh, WI, to Attainment for Carbon Monoxide

59 FR 42168

DATE: Wednesday, August 17, 1994

ACTION: Final rule.

SUMMARY: The USEPA redesignates Oshkosh, Wisconsin from unclassifiable to attainment status for carbon monoxide. The State of Wisconsin requested this redesignation and provided the necessary monitoring data for USEPA to approve the change. The redesignation has no substantive effect because unclassifiable areas are subject to the same requirements as attainment areas. Elsewhere in this Federal Register, USEPA is proposing approval of and soliciting public comment on this redesignation. If adverse comments are received in the time period specified below, USEPA will withdraw this final rule and address the comments in a subsequent final rule.

DATES: This final rule will be effective October 17, 1994 unless notice is received within 30 days of this publication that someone wishes to submit adverse comments. If the effective date is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief, Regulation Development Section, Air Toxics and Radiation Branch (AT-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

Copies of the redesignation request and USEPA's analysis are available for inspection at the U.S. Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is recommended that you telephone Megan Beardsley at (312) 886-0669 before visiting the Region 5 Office.)

A copy of this SIP revision is also available at the Office of Air and Radiation, Docket and Information Center (Air Docket 6102), room M1500, U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Megan Beardsley, Environmental Scientist, Regulation Development Section, Air Toxics and Radiation Branch (AT-18J), U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-0669.


I. Background

In November 1991, USEPA designated Oshkosh, Wisconsin as an unclassifiable area for carbon monoxide (56 FR 56850) because the available air quality data was not representative of air quality at the date of enactment of the 1990 Clean Air Act Amendments. Exceedances of the National Ambient Air Quality Standards (NAAQS) for carbon monoxide had been recorded in Oshkosh, Wisconsin in late 1988 and early 1989, but the emissions causing the exceedances were brought under control later in 1989. These controls were approved by USEPA and incorporated into the State Implementation Plan on October 8, 1992 (57 FR 46309).

Wisconsin's current request, submitted on April 7, 1994, is to change the designation of Oshkosh from unclassifiable to attainment based on recent ambient air quality measurements.

II. Evaluation of State Submission

A. Procedural Background

Redesignation requests are processed under section 107(d)(3) of the Clean Air Act (the Act). While section 107(d)(3)(E) specifies a number of requirements for areas requesting redesignation from nonattainment to attainment, the redesignation of unclassifiable areas is not explicitly addressed. However, the general criteria governing designations, set forth in section 107(d)(1)(A), do apply. Therefore, to qualify an unclassified area for redesignation to attainment, the State must show that the area has attained the relevant standard.

For a carbon monoxide area to be designated as attainment for a pollutant, it must meet the NAAQS for that pollutant (40 CFR part 50), based on the most recent two years of data. In its redesignation request, Wisconsin submitted carbon monoxide data for Oshkosh from January 24, 1992 to January 31, 1994 (when the monitor was shut down). Wisconsin collected the air quality data as required in the 1992 SIP revision and under procedures in accordance with the USEPA's monitoring requirements set forth in 40 CFR part 58. This data has been entered into USEPA's Aerometric Information Retrieval System (AIRS) and is summarized in USEPA's Technical Support Document for this action (M. Beardsley to Files, July 20, 1994). The data show that Oshkosh is well under the NAAQS for carbon monoxide concentrations and, thus, meets the requirements for attainment status.

C. Action

The USEPA redesignates the City of Oshkosh, Wisconsin from unclassifiable to attainment for carbon monoxide.

Because USEPA considers this action noncontroversial, we are approving it without prior proposal. This action will become effective on October 17, 1994. However, if we receive adverse or critical comments by September 16, 1994, USEPA will publish a document that withdraws today's action and will address all public comments in a subsequent final rule based on the proposal published in the proposed rule section. The public comment period will not be extended or reopened.

IV. Miscellaneous

A. Executive Order 12866

The Office of Management and Budget has exempted this regulatory action from Exectutive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities (5 U.S.C. 603 and 604). Alternatively, USEPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.

This redesignation does not create any new requirements. Therefore, I certify that this action does not have a significant impact on any small entities affected.

D. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 17, 1994. 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 81

Environmental protection, Air pollution control, National parks, Wilderness areas.

Dated: August 1, 1994.

Valdas V. Adamkus, Acting Regional Administrator.

For the reasons stated in the preamble, part 81, title 40 of the Code of Federal Regulations is amended as follows:


1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. In @ 81.350 the attainment status of designation table for carbon monoxide is amended by revising the entries for "Adams County", "Waushara County", "Winnebago County", and "Wood County" to read as follows:

@ 81.350 -- Wisconsin. 

* * * * * 

                       Wisconsin-Carbon Monoxide 
 Designated              Designation                 Classification 
                 Date fn 1            Type           Date fn 1      Type 
                             * * * * * * * 
Adams County                    Unclassifiable/ 
                             * * * * * * * 
Waushara                        Unclassifiable/ 
County                          Attainment 
Winnebago    September 16, 1994 Unclassifiable/  September 16, 1994 
County                          Attainment 
Wood County                     Unclassifiable/ 

fn 1 This date is November 15, 1990, unless otherwise noted. 

[FR Doc. 94-20172 Filed 8-16-94; 8:45 am]


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