Proposed Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: October 21, 2003 (Volume 68, Number 203)]
[Proposed Rules]
[Page 60054-60060]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc03-21]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[FRL-7576-8]
RIN 2060-AJ99

Proposed Rule To Implement the 8-Hour Ozone National Ambient Air
Quality Standard

AGENCY: Environmental Protection Agency (EPA).
ACTION: Reopening of public comment period.

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SUMMARY: In this document, we are reopening the public comment period
on the Proposed Rule to Implement the 8-Hour Ozone National Ambient Air
Quality Standard (NAAQS or standard) that was published on June 2, 2003
(68 FR 32802) to solicit additional comment on alternative approaches
for classifying ozone nonattainment areas, based on comments received
during the comment period. The comment period on the proposed rule
originally closed on August 1, 2003. Based on comments received on the
proposed rule, we are reconsidering how to classify areas and are
giving the public the opportunity to comment on two alternative
strategies for classifying areas.

DATES: Comments must be received on or before November 5, 2003.

[[Page 60055]]

ADDRESSES: All comments should be submitted to Docket #OAR
2003-0079. When mailing documents, comments, or requests to the EPA
Docket Center through the U.S. Postal Service, please use the following
address: U.S. Environmental Protection Agency, EPA West (Air Docket),
1200 Pennsylvania Avenue, NW., Mail Code: 6102T, Washington, DC 20460.
To mail comments or documents through a courier service, the mailing
address is: EPA Docket Center (Air Docket), U.S. Environmental
Protection Agency, 1301 Constitution Avenue, NW., Room: B108; Mail
Code: 6102T, Washington, DC 20460. The normal business hours are 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
Comments can be submitted to the address above, by fax (202) 566-1741, or
by e-mail to A-and-R-Docket@epa.gov. The voice telephone number is
(202) 566-1742. In addition, we have placed a variety of materials
regarding implementation options on the Web site: http://www.epa.gov/
ttn/naaqs/ozone/o3imp8hr. While this Web site is not an exact duplicate
of the Air Docket, we have placed materials that we have generated and
materials that have been submitted in an electronic format on the Web
site. We request that comments be submitted by e-mail to facilitate
expeditious distribution within EPA and placement on the Web site.

FOR FURTHER INFORMATION CONTACT: Mr. John Silvasi, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code C539-02, Research Triangle Park, NC 27711, phone number (919)
541-5666 or by e-mail at: silvasi.john@epa.gov or Ms. Denise Gerth,
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711,
phone number (919) 541-5550 or by e-mail at: gerth.denise@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

1. Docket. EPA has established an official public docket for this
action under Docket ID Number OAR 2003-0079. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Air and Radiation Docket in the EPA Docket Center, EPA/DC) EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is (202) 566-1744, and the telephone number
for the Air and Radiation Docket is (202) 566-1742).
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute and which, therefore, is not included in the
official public docket, will not be available for public viewing in
EPA's electronic public docket. EPA's policy is that copyrighted
material will not be placed in EPA's electronic public docket but will
be available only in printed, paper form in the official public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.A.1.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

B. How and to Whom Do I Submit Comments?

You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/
edocket, and follow the online instructions for submitting comments.
To access EPA's electronic public docket from the EPA Internet Home Page,
select ``Information

[[Page 60056]]

Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select
``search,'' and then key in Docket ID No. 2003-0090. The system is an
``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to
A-and-R-Docket@epa.gov, Attention Docket ID No. 2003-0090. In addition,
in order to expedite this process, please also sent your comments to both
silvasi.john@epa.gov and gerth.denise@epa.gov. In contrast to
EPA's electronic public docket, EPA's e-mail system is not an
``anonymous access'' system. If you send an e-mail comment directly to
the Docket without going through EPA's electronic public docket, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.B.2 below.
These electronic submissions will be accepted in WordPerfect or ASCII
file format. Avoid the use of special characters and any form of
encryption.
2. By Mail. Send your comments to: Air and Radiation Docket, U.S.
Environmental Protection Agency, Mail Code: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC, 20460, Attention Docket ID No. OAR 2003-
0079.
3. By Hand Delivery or Courier. Deliver your comments to: Air and
Radiation Docket, U.S. Environmental Protection Agency, 1301
Constitution Avenue, NW., Room: B102, Washington, DC 20004, Attention
Docket ID No. OAR 2003-0079. Such deliveries are only accepted during
the Docket's normal hours of operation as identified in Unit I.A.1.
4. By Facsimile. Fax your comments to: 202-566-1741, Attention
Docket ID No. OAR 2003-0079.

C. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.

II. Background

On June 2, 2003 (68 FR 32802), we proposed options for implementing
the 8-hour ozone NAAQS, including two different classification options.
Classifications establish which requirements apply to individual
nonattainment areas and the maximum timeframe for areas to attain.
Option 1 would place all 8-hour ozone nonattainment areas into subpart
2 and would classify areas in accordance with table 1 in section 181 of
the CAA as modified by EPA to reflect the 8-hour NAAQS. Option 2 would
place areas that are designated nonattainment for the 8-hour ozone
standard under subpart 1 or subpart 2 (of part D, title I) based on the
area's 1-hour ozone design value. Areas placed under subpart 2 would be
classified in accordance with table 1 in section 181 of the Clean Air
Act (CAA) as modified by EPA to reflect the 8-hour NAAQS. (In general,
subpart 1 contains less prescriptive requirements for air quality
planning than does subpart 2.) We indicated a preference for
classification option 2 because it would provide more flexibility to
States and Tribes as they address their unique air quality problems.
We received many comments concerning the classification options we
proposed. A number of commenters favored option 2, indicating that they
believed it provided needed flexibility in implementing the standard.
Other commenters favored option 1, indicating that they believed that
the Supreme Court ruling established a preference for subpart 2 and,
therefore, it was not appropriate to classify areas under subpart 1.
Northeast States and some other States, as well as environmental
organization commenters,\1\ objected to allowing some areas to be
subject to subpart 1, stating that the mandatory measures under subpart
2 helped reduce ozone concentrations and were a forcing function for
more expeditious control. A number of other States outside the
Northeast preferred that some areas be covered under subpart 1, because
of the flexibility it provided to local areas to adopt controls that
are appropriate for their area.
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\1\ E.g., Clean Air Task Force, docket document OAR-2003-0079-
0154; Environmental Defense, docket document OAR-2003-0079-0264, -
0265, -0266; Massachusetts Department of Environmental Protection,
docket document OAR-2003-0079-0267.
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Several other commenters suggested new options or variants of
option 2. There were two key concerns that seemed to be the basis for
most of these comments. First, many commenters were concerned that
under EPA's option 2, some areas classified under subpart 1 could have
worse 8-hour air quality than areas classified under subpart 2.\2\ Many
of these commenters noted that it seemed inequitable to have areas with
more significant air quality problems subject to less stringent
planning obligations and more flexible attainment periods. Second, a
number of commenters raised a concern that the distribution scheme
under a modified Table 1 resulted in too many areas in the lower
classifications. These commenters believed that the classification for
many areas under this approach would not reflect the significance of
the 8-hour ozone problem for these areas and therefore would not
provide the appropriate amount of time needed for those areas to attain
the standard.\3\
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\2\ See e.g., Hunton and Williams LLP representing the Utility
Air Regulatory Group (UARG), docket document OAR-2003-0079-0362;
Northeast States for Coordinated Air Use Management, OAR-2003-0079-
0315; Kansas City Power and Light (KCPL), docket document OAR-2003-
0079-0185; FirstEnergy Corporation, docket document OAR-2003-0079-
0218.
\3\ See e.g., South Coast Air Quality Management District,
docket document OAR-2003-0079-0327; E.I. duPont de Nemours, Inc.,
docket document OAR-2003-0079-0246.
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In considering the comments on this issue, we identified several
suggestions that we believe deserve further consideration as they may
address some of the above-noted concerns.\4\ We are therefore re-
opening the comment period for the limited purpose of accepting comment
on the alternatives suggested in some of the comments. While we
recognize that this action will delay by a brief period the issuance of
the final rule to implement the 8-hour NAAQS, we believe that the
comments

[[Page 60057]]

submitted on classifications merit the consideration of new
alternatives and the opportunity for the public to review and comment
on these alternatives. Below, we provide a brief summary of several
alternative approaches submitted in the comments and indicate the
docket number of relevant comment documents so that any interested
person can review those comments.\5\ We then describe two specific
approaches for incorporating some of these suggestions into a
classification scheme for the 8-hour standard that, based on our
initial review of the comments, seem the most promising for improving
the implementation framework. While we are open to comment on any of
the ideas suggested during the initial comment period, we are most
interested in hearing comment on the concepts we have incorporated into
the two alternative approaches we discuss below. We also provide
comparisons of two alternatives with our previously proposed option 2
without the incentive feature. This does not imply that we have decided
to not include the incentive feature, nor does it imply that we have
decided not to adopt our proposed option 1. In addition, we may add to
the docket additional material as it becomes available that relates to
the two alternatives discussed below; readers should continue to check
the electronic docket for any such material during the comment period.
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\4\ We do not discuss all possible alternatives raised in the
comments but rather the alternatives that we believe are most likely
to improve the implementation framework.
\5\ We do not attempt to cite to all comments which may have
raised a specific alternative; rather we try to cite examples of
comments in which the alternatives were discussed.
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Sequential Implementation. Several commenters contended that EPA
does not have the authority to re-write the statute by modifying Table
1 in section 181(a) to reflect the 8-hour NAAQS (see e.g., comments
from Electronics Industries Alliance, docket document OAR-2003-0079-
0156; and Advanced Micro Devices, Inc., docket document OAR-2003-0079-
0139). These commenters suggested that EPA adopt a sequential
implementation scheme under which areas that are meeting the 1-hour
NAAQS but not the 8-hour NAAQS would be designated in April 2004 as not
meeting the 8-hour NAAQS and begin implementation under subpart 1.
Areas that are still violating the 1-hour NAAQS would continue to
implement the 1-hour NAAQS under subpart 2 and would not be designated
for the 8-hour NAAQS or begin implementing that standard until the area
attains the 1-hour NAAQS. At the time an area is designated
nonattainment for the 8-hour NAAQS, it would be classified under
subpart 1 for that standard. Thus all areas would be classified under
subpart 1 for the 8-hour NAAQS. This approach would eliminate the
inequity issue by placing all 8-hour areas under subpart 1 and would
allow more flexibility in setting attainment dates for areas although
the maximum attainment period would be 10 years from designation.
However, EPA believes that this approach conflicts with the Supreme
Court's holding that the classification provisions of subpart 2 must
apply for purposes of implementing the 8-hour NAAQS. See Whitman v.
ATA, 121 S. Ct. 903, 917 (2001).
Use 8-hour design values exclusively under Option 2. Several
commenters that supported option 2 recommended against using the 1-hour
design value for determining which areas would be classified under
subpart 1 and which would be classified under subpart 2. (See e.g.,
UARG, docket document OAR-2003-0079-0362; Kansas City Power & Light,
docket document OAR-2003-0079-0185; TXU Energy docket document OAR-
2003-0079-0204.) These commenters suggested that it would be more
logical and more consistent with the nature of the 8-hour standard for
EPA instead to translate the lowest 1-hour design value threshold in
Table 1 into an approximate 8-hour equivalent. (The original
translation table we proposed appears at 68 FR 32812 (June 2, 2003).)
They point to the record in the rulemaking which established the 8-hour
NAAQS and suggest that the approximate 8-hour equivalent of the 0.12
ppm 1-hour NAAQS is 0.090 ppm. [See, for instance, statement in third
column, section D of 62 FR 38858 (July 18, 1997).]
They recommend that
rather than translating the lower bound for marginal areas in Table 1
of section 181 to 0.080 ppm or 0.085 ppm, EPA should start it at 0.090
ppm or 0.091 ppm, which they believe reflects the 8-hour ``equivalent''
of the 1-hour NAAQS. Thus, this approach would result in 8-hour
nonattainment areas with design values less than that lower bound being
covered under subpart 1. This approach, unlike our June 2, 2003
proposal, would result in all subpart 1 areas having 8-hour design
values (an indication of the magnitude of the ozone problem) that are
lower than any area covered under subpart 2.
Place all areas with a design value equivalent to ``moderate''
under subpart 2. The American Lung Association (docket document OAR-
2003-0079-0111) suggested that under Option 2, all areas with an 8-hour
design value equivalent to moderate or above should be classified under
subpart 2. Thus, an area that is meeting the 1-hour standard that would
have been classified under subpart 1 under EPA's Option 2, based on its
8-hour design value, would instead be subject to subpart 2 if its 8-
hour design value is equivalent to or greater than the design value for
a moderate area under Table 1 of section 181 as modified to reflect 8-
hour design values. This approach would eliminate much of the inequity
that commenters believed could result if areas classified under subpart
1 have more significant 8-hour air quality problems than areas
classified under subpart 2.
Establish classifications that better reflect an area's 8-hour
problem. A variety of commenters were concerned that EPA's
classification scheme places too many areas in the lower
classifications.\6\ The commenters stated that the classification
options lead to classifications for some areas that do not reflect the
significance of the 8-hour problem in those areas and do not reflect
the time needed for those areas to attain. (See, e.g., The American
Petroleum Institute (API) docket document OAR-2003-0079-0281). They
provided several suggestions for establishing a classification scheme
that would classify areas in a way that better reflects their air
quality problem. API provided 3 options while other commenters
suggested alternatives similar to one or more of the alternatives
suggested by API. (See e.g., ExxonMobile Refining & Supply docket
document OAR-2003-0079-0212; Clean Air Task Force \7\ docket document
OAR-2003-0079-0215; American Chemistry Council, docket document OAR-
2003-0079-0217.)
API's suggested alternatives are as follows:
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\6\ This comment was raised with respect to both Option 1 and
Option 2.
\7\ Their rationale was that more areas should be placed in
higher classifications to ensure that they implement the mandatory
control measures contemplated by Congress and have a specified rate
of reduction out to their attainment date. However, they believed
our rule should require all 8-hour nonattainment areas to be covered
under subpart 2.
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? Maintain a rebuttable presumption that an area's 1-hour
classification would be retained under the 8-hour standard if the 1-
hour classification was higher than the 8-hour classification.
? Translate the classification table using only one-half the
percentage above the standard that each statutory classification
threshold (or cutpoint) represents.\8\ (These percentages are

[[Page 60058]]

shown in Table 2 of the proposed rule, 68 FR at 32812, and were the
basis for translating the 1-hour ozone values in Table 1 of section 181
of the CAA into 8-hour ozone values.) For further description, see p.
13 of docket document OAR-2003-0079-0281.
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\8\ The rationale for the 50 percent adjustment was that the 8-
hour standard is more stringent than the 1-hour standard and that
past air quality trends showed that 8-hour average ozone
concentrations declined over the past 20 years at about half the
rate that 1-hour averages declined. Thus, we would expect attainment
for areas with 8-hour values a certain percentage above the standard
to take relatively more time to attain the 8-hour standard than
areas with 1-hour values the same percentage above the 1-hour
standard would take to attain the 1-hour standard.
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? Use a distribution of classifications that mirrors more
closely the distribution of areas in the original 1991 classifications.
While each of these alternatives would result in more areas being
placed in higher classifications, EPA believes that the second
alternative would more likely result in classifications that better
reflect an area's 8-hour ozone problem.
3. Alternative approaches for comment. Based on these comments, we
are reopening the comment period for consideration of two alternative
approaches for classifying areas. The first one, Alternative A, would
translate the classification table to 8-hour values beginning with an
8-hour design value that, to the extent possible, would be equivalent
to the 1-hour design value of 0.121 ppm. This could be the value
suggested in the comment (0.091) or some other value determined upon
further analysis to be equivalent. The EPA is in the process of
conducting additional analysis and will be placing the results of that
analysis in the docket within a week of publication of this notice,
where it will be available to anyone interested in reviewing it. This
approach could then be combined with the suggestion of translating the
classification table for the remaining thresholds using one-half of the
percentage above the standard which each of the classification
thresholds represents. This alternative approach would address the two
key concerns identified by many commenters: (1) Ensuring that areas
classified under subpart 1 have a less significant ozone problem than
areas classified under subpart 2; and (2) shifting areas subject to
subpart 2 into higher classifications that better reflect their 8-hour
problem and the time it will take them to attain.
The second alternative approach, Alternative B, would address the
issues of equity between subpart 1 and subpart 2 areas with a structure
that is closer to that of our June 2, 2003 proposal. In order to
provide sufficient time for attainment, and similar to Alternative A
above, we would reduce the range of design values that comprise a
classification (e.g., the range of design values for marginal areas
under Table 1 of section 181 is 0.121 up to 0.138, the range for
moderate areas is 0.138 up to 0.160 and so on). Under this modified
option 2 approach--
? Areas with 1-hour ozone design values of 0.121 ppm or
greater would be covered under subpart 2 and would be classified with a
revised classification table reflecting the 8-hour ozone NAAQS and
starting at 0.085 ppm. The range for each classification would be
determined by using 50 percent of the range in Table 1 of section
181.\9\
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\9\ In the June 2, 2003 proposal, we calculated the range for
each classification using the following formula: ((the level of the
8-hour standard 0.08) + (0.08 x (the percent the 1-hour threshold is
above the 1-hour standard of 0.12)/100). Rather than using this
formula to see the bottom threshold for the marginal classification,
we set the threshold at 0.085, which is the lowest design value of
any area that would be designated nonattainment for the 8-hour
standard. (See discussion at 68 FR 32812, middle column and footnote
1 to Table 2 on same page.) If we apply the same formula using 50
percent of the percentage that the 1-hour threshold is above the 1-
hour standard, the range of the marginal classification would shrink
to one value, viz., 0.085 ppm, with the lower threshold for the
moderate classification being 0.086 ppm. We believe such a result is
not consistent with Congressional intent since it would give the
marginal classification little or no meaning. Thus, for purposes of
this option, we believe it makes sense to use 0.085ppm (the minimum
exceeding value of the 8-hour standard), rather than 0.08 ppm (the
level of the standard) for the calculation. Therefore, we used the
following formula for establishing the classification ranges for
this approach: (0.085 + (0.085 x (0.5 x (the percent the 1-hour
threshold is above the 1-hour standard of 0.12))/100). As an
indication of the difference this makes, there would only be 1
marginal area with the lower threshold for moderate areas being
0.086 ppm, compared to 10 marginal areas with the revised method we
employed, where 0.091 would be the lower threshold for moderate
areas; see Tables 1 and 2 below, which are described in the next
section.
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? Areas meeting both of the following criteria would also be
covered under subpart 2:

--1-hour design value less than 0.121 ppm and
--8-hour design value representing a classification threshold of areas
that have relatively high magnitude of an 8-hour ozone problem, for
example 0.091 ppm or greater. (0.091 is the lower threshold for
moderate areas.)

? All other areas with a 1-hour design value of less than
0.121 ppm would be covered under subpart 1.
This approach would significantly reduce the number of areas under
subpart 1 that have an 8-hour design value greater than an area under
subpart 2, but not to the extent of Alternative A above. In addition,
it would place several areas in higher classifications, better
reflecting the areas' air quality problems and the time the areas need
to attain the 8-hour standard.

Effects of Alternatives A and B

Table 1 below illustrates how a classification table (that would
apply in place of Table 1 in section 181 of the CAA) could be
structured for Alternatives A and B. Columns A through E appeared in
the June 2, 2003 proposed rule. Column F presents 50 percent of the
percentages of column D. Columns G and H present the classification
thresholds that could apply for Alternatives A and B.
The June 2, 2003 proposed rule used hypothetical nonattainment
areas for evaluation of different classification approaches. These were
documented in the report cited in the June 2, 2003 notice \10\ and
relied on air quality data primarily from the 3-year period 1998 to
2000. To compare the effects of the differing alternatives, we have
updated 8-hour design values based on air quality data from 2000 to
2002. We have developed a list of hypothetical areas using the 2000 to
2002 data following the same procedure for defining them as we did for
the proposal.\11\ The same cautionary statements that applied to the
original list apply to this list.
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\10\ Background Information Document, Hypothetical Nonattainment
Areas for Purposes of Understanding the EPA Proposed Rule for
Implementing the 8-hour Ozone National Ambient Air Quality Standard.
Illustrative Analysis Based on 1998-2000 Data. U.S. Environmental
Protection Agency, Office of Air and Radiation, Office of Air
Quality Planning and Standards, Draft, April 2003. Available at:
http://www.epa.gov/ttn/naaqs/ozone/o3imp8hr/.
\11\ REVISED: Background Information Document, Hypothetical
Nonattainment Areas for Purposes of Understanding the EPA Proposed
Rule for Implementing the 8-hour Ozone National Ambient Air Quality
Standard in Relation to Re-Opened Comment Period. Illustrative
Analysis Based on 2000-2002 Data. U.S. Environmental Protection
Agency, Office of Air and Radiation, Office of Air Quality Planning
and Standards, Draft, October 2003. Available at: http://www.epa.gov/
ttn/naaqs/ozone/o3imp8hr/.
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Table 2 below provides a comparison between our proposed option 2
(without the incentive feature) (row A) and Alternatives A and B (rows
B and C respectively); row D provides for reference the distribution of
the original set of classifications of 1-hour nonattainment areas in
1991. It should be noted that under either alternative approach,
compared with our June 2, 2003 preferred approach, fewer areas would be
covered under subpart 1.

Other Possible Issues:

1-hour Threshold to Distinguish Between Subpart 1 and Subpart 2
Coverage

In our June 2, 2003, proposal, classification Option 2 relied on
the lowest 1-hour design value in the Clean Air Act's classification
table to

[[Page 60059]]

determine which areas were required to be covered under subpart 2,
viz., 0.121 ppm. Under our long-standing rounding conventions, values
between 0.121 and 0.124 inclusive round down to 0.12, which is not an
exceedance of the 1-hour standard. Several commenters \12\ noted that
the 0.121 ppm value does not represent an exceedance of the 1-hour
standard due to our rounding conventions. They recommend that 0.125 ppm
(which rounds to 0.13 ppm, an exceedance) be adopted as the cutpoint
for determining whether an area must be covered under subpart 2. The
likely practical effect would be to place a few additional areas under
subpart 1. We are soliciting comment on this suggestion.
---------------------------------------------------------------------------

\12\ E.g., American Petroleum Institute, docket document OAR-
2003-0079-0281; Michigan Chemistry Council, docket document OAR-
2003-0079-0200.
---------------------------------------------------------------------------

Five Percent Adjustment Provision

If we change our classification scheme to have a narrower range for
each classification, we may need to modify the provisions for the 5
percent ``reclassification'' feature of section 181(a)(4) to reflect
that change. The apparent intent of Congress was to allow States to
request a different classification if an area's design value was within
5 percent of a higher or lower classification threshold. That was based
on the original threshold values, which were certain percentages above
the level of the 1-hour standard. Our June 2, 2003 proposal would have
retained the original percentages for the classification table based on
8-hour average design values. If we adopt a classification table based
on lower percentages above the standard, the adjustment feature might
have to be modified to keep the same relative ``window'' of adjustment.
For instance, using 100 percent of the percentages between the 1-hour
design value thresholds, we would use a 5 percent adjustment, but using
only 50 percent of those percentages, we may want to use only a 2.5
percent adjustment, since the thresholds themselves are half as large.

Alternatives to a 50 Percent Adjustment

As noted above, one option for addressing concerns that our
proposed option 2 may not have provided classifications high enough to
provide adequate time for some areas to attain the 8-hour standard was
to use only half (50 percent) of the percentages above the 1-hour
standard calculated for each of the classification thresholds. The
commenters' rationale for the 50 percent adjustment was that the 8-hour
standard is more stringent than the 1-hour standard and that past air
quality trends information provided by the commenter for 11
metropolitan areas showed that, on average, 8-hour average ozone
concentrations declined over the 1998-2002 period at about half the
rate that 1-hour averages declined. Thus, we would expect attainment
for areas with 8-hour values a certain percentage above the standard to
take relatively more time to attain the 8-hour standard than areas with
1-hour values the same percentage above the 1-hour standard would take
to attain the 1-hour standard. However, we could use another
appropriate percentage that may be based on how soon areas are expected
to attain the 8-hour standard based on measures that are currently in
effect or are scheduled to go into effect. EPA is soliciting comments
on other possible adjustments that may place areas in classifications
that better reflect their 8-hour air quality problem and the time
needed to attain.

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: October 15, 2003.
Elizabeth Craig,
Acting Assistant Administrator for Air and Radiation.

Table 1.--Alternative Classifications
[Table 1 of subpart 2 1-hour ozone classification table]
[Translation to 8-Hour Design Values]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Translated 8- Translated 8- Translated 8-
hour design hour design hour design
CAA design value value value
value Percent thresholds 50% of thresholds thresholds
Area class thresholds above 1-hour (ppm ozone) col. D (ppm ozone) w/ (ppm ozone) w/
(1-hour ozone NAAQS using Col D 50% of Col D 50% of Col D
ozone ppm) (June 2, 2003 starting with starting with
proposal) 0.091 * 0.085 **
A B........................ C D E F G H
----------------------------------------
Marginal............................... from..................... 0.121 ............ 0.085 ......... 0.091 0.085
up to.................... 0.138 15 0.092 7.5 0.097 0.091
Moderate............................... from..................... 0.138 15 0.092 7.5 0.097 0.091
up to.................... 0.16 33.333 0.107 16.6665 0.105 0.099
Serious................................ from..................... 0.16 33.333 0.107 16.6665 0.105 0.099
up to.................... 0.18 50 0.120 25 0.113 0.106
Severe-15.............................. from..................... 0.18 50 0.120 25 0.113 0.106
up to.................... 0.19 58.333 0.127 29.1665 0.116 0.110
Severe-17.............................. from..................... 0.19 58.333 0.127 29.1665 0.116 0.110
up to.................... 0.28 133.333 0.187 66.6665 0.150 0.142
Extreme................................ equal to or above........ 0.28 133.333 0.187 66.6665 0.150 0.142
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 0.09 + (0.09 x (col F/100))
** 0.085 + (0.085 x (col F/100))

[[Page 60060]]

Table 2.--Classification Options
[Counts of hypothetical nonattainment areas]
(2000-2002 data)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subpart 2 Subpart 1
---------------------------------------------------------------------------------------
Extreme Severe-17 Severe-15 Serious Moderate Marginal Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Option 2 as proposed 6/2/03..................................... 0 1 0 4 21 11 64 101
Alternative A (8-hour-only design value option)................. 0 1 2 5 12 26 55 101
Alternative B (Modified Option 2)............................... 0 3 4 9 30 10 45 101
Original 1991 Classifications *................................. 1 5 7 13 30 43 2 101
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Does not account for section 185A or incomplete data areas

[FR Doc. 03-26537 Filed 10-20-03; 8:45 am]
BILLING CODE 6560-50-P

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