[Federal Register: February 22, 1995 (Volume 60, Number 35)]
[Proposed Rules]
[Page 9813-9815]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22fe95-30]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[A-1-FRL-5156-8]

Clean Air Act Promulgation of Extension of Attainment Date for Ozone Nonattainment Area; Maine

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

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SUMMARY: EPA is proposing to extend by one year the attainment date for the Hancock and Waldo Counties, Maine ozone nonattainment area, a marginal nonattainment area. This proposal is based in part on monitored air quality readings for the national ambient air quality standard for ozone during 1993.

DATES: Comments on this proposal must be received by March 24, 1995.

[[Page 9814]]

ADDRESSES: Comments on this proposal should be submitted to: Linda M. Murphy, Director, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region I, JFK Federal Bldg., Boston, MA 02203. Copies of the State submittal and EPA's technical support document are available for public inspection during normal business hours, by appointment at the Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region I, One Congress Street, 10th floor, Boston, MA and the Bureau of Air Quality Control, Department of Environmental Protection, 71 Hospital Street, Augusta, ME 04333

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region I, JFK Federal Bldg., Boston, MA 02203. Phone: 617-565-3244.

SUPPLEMENTARY INFORMATION:

CAA Requirements and EPA Actions Concerning Designation and Classification

Section 107(d)(4) of the Clean Air Act as amended in 1990 (CAA) required the States and EPA to designate areas as attainment, nonattainment, or unclassifiable for ozone as well as other pollutants for which national ambient air quality standards (NAAQS) have been set. Section 181(a)(1) (table 1) required that ozone nonattainment areas be classified as marginal, moderate, serious, severe, or extreme, depending on their air quality.

In a series of Federal Register documents, EPA completed this process by designating and classifying all areas of the country for ozone. See, e.g., 56 FR 58694 (Nov. 6, 1991); 57 FR 56762 (Nov. 30, 1992); 59 FR 18967 (April 21, 1994).

Areas designated nonattainment for ozone are required to meet attainment dates specified under the Act. For areas classified marginal through extreme, the attainment dates range from November 15, 1993 through November 15, 2010. A discussion of the attainment dates is found in 57 FR 13498 (April 16, 1992) (the General Preamble).

The Hancock and Waldo Counties, Maine area was designated nonattainment and classified marginal for ozone pursuant to 56 FR 58694 (Nov. 6, 1991). By this classification, its attainment date became November 15, 1993.

CAA Requirements and EPA Actions Concerning Meeting the Attainment Date

Section 181(b)(2)(A) requires the Administrator, within six months of the attainment date, to determine whether ozone nonattainment areas attained the NAAQS. For ozone, EPA determines attainment status on the basis of the expected number of exceedances of the NAAQS over the three-year period up to, and including, the attainment date. See General Preamble, 57 FR 13506. In the case of ozone marginal nonattainment areas, the three-year period is 1991-93. CAA section 181(b)(2)(A) further states that, for areas classified as marginal, moderate, or serious, if the Administrator determines that the area did not attain the standard by its attainment date, the area must be reclassified upwards.

However, CAA section 181(a)(5) provides an exemption from these bump up requirements. Under this exemption, EPA may grant up to two one-year extensions of the attainment date under specified conditions:

Upon application by any State, the Administrator may extend for 1 additional year (hereinafter referred to as the ``Extension Year'') the date specified in table 1 of paragraph (1) of this subsection if--

(A) the State has complied with all requirements and commitments pertaining to the area in the applicable implementation plan, and

(B) no more than 1 exceedance of the national ambient air quality standard level for ozone has occurred in the area in the year preceding the Extension Year.

No more than 2 one-year extensions may be issued under this paragraph for a single nonattainment area.

EPA interprets this provision to authorize the granting of a one- year extension under the following, minimum, conditions: (i) The State requests a one-year extension; (ii) all requirements and commitments in the EPA-approved SIP for the area have been complied with; and (iii) the area has no more than one measured exceedance of the NAAQS during the year that includes the attainment date (or the subsequent year, if a second one-year extension is requested).

EPA Action

EPA is today proposing to grant a one-year extension of the attainment date for the Hancock and Waldo Counties, Maine nonattainment area. Air Quality monitors for this area revealed two exceedances of the ozone National Ambient Air Quality Standard during the three year period from 1991 to 1993. Both exceedances occurred in 1991, at a monitor located in Hancock County at a site operated by the National Park Service. The site had data capture problems in both 1991 and 1992. In 1993 the Maine Department of Environmental Protection took over maintenance of the site and data capture improved greatly. Since 1991 the site has not had any exceedances of the NAAQS.

EPA is proposing that the requirements for a one-year extension of the attainment date have been fulfilled as follows: (i) The State requested a one-year extension in a letter, dated April 11, 1994, from Governor McKernan to EPA Region I Administrator, John Devillars; (ii) in that same letter Maine certified that the State is implementing the EPA-approved SIP; and (iii) the area has monitored no exceedance during 1993.

Accordingly, EPA is proposing to establish a new attainment date for the Hancock and Waldo Counties, Maine area as November 15, 1994. If this proposal is finalized as proposed, the area would remain a marginal ozone nonattainment area, and the requirements for EPA to determine by May 15, 1994 whether the area has reached attainment or whether the area should be reclassified upwards would be extended by one year. Instead, under section 181(b)(2) of the CAA, EPA would determine by May 15, 1995 whether the area has met its revised attainment date based on air quality data during the years 1992-94, except that EPA would consider a second one-year extension if requested by the State.

Solicitation of Public Comment

As described above, EPA is proposing to extend the attainment date of the Hancock and Waldo Counties, Maine ozone nonattainment area for one year, until November 15, 1994. Public comment is solicited on this proposal. All comments received by the close of the public comment period will be considered in the development of EPA's final decision.

Regulatory Process

Under E.O. 12866, this action has been exempted from the Office of Management and Budget's review. Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 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, EPA 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. Attainment date extensions under section 181(a)(5) of the CAA do not create any new requirements; therefore, I certify that this action will not have a significant impact on small entities.

[[Page 9815]]

List of Subjects in 40 CFR Part 81

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

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

Dated: January 25, 1995. John P. DeVillars,

Regional Administrator, Region I.

[FR Doc. 95-4295 Filed 2-21-95; 8:45 am]

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