[Federal Register: January 30, 2003 (Volume 68, Number 20)]
[Rules and Regulations]
[Page 4835-4841]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja03-13]
[[Page 4835]]
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Part III
Environmental Protection Agency
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40 CFR Parts 52 and 81
Determination of Nonattainment as of November 15, 1996, and
Reclassification of the St. Louis Ozone Nonattainment Area; Approval
and Promulgation of Implementation Plans for the State of Missouri;
Determination of Attainment, Approval and Promulgation of
Implementation Plans, and Designation of Areas for Air Quality Planning
Purposes; States of Missouri and Illinois; Final Rule and Proposed
Rules
[[Page 4836]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[MO 169-1169; IL 187-2; FRL-7444-4]
Determination of Nonattainment as of November 15, 1996, and
Reclassification of the St. Louis Ozone Nonattainment Area; States of
Missouri and Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rule finalizes and makes effective EPA's finding that the
St. Louis ozone nonattainment area (hereinafter referred to as the St.
Louis area) failed to attain the 1-hour ozone national ambient air
quality standard (NAAQS or standard) by November 15, 1996, the
attainment date for moderate nonattainment areas set forth in the Clean
Air Act (CAA or Act). As a result of this finding, the St. Louis area
is reclassified from a moderate to a serious 1-hour ozone nonattainment
area by operation of law, effective as of the date of publication. In
addition, EPA is establishing a schedule for Missouri and Illinois to
submit State Implementation Plan (SIP) revisions addressing the CAA's
pollution control requirements for serious ozone nonattainment areas
within 12 months of the effective date of this rule, and is
establishing November 15, 2004, as the date by which the St. Louis area
must attain the ozone NAAQS.
EFFECTIVE DATE: This rule is effective January 30, 2003.
ADDRESSES: Relevant documents for this rule are available for
inspection at the Environmental Protection Agency, Region 7, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101; or the Environmental Protection Agency, Region 5,
Regulation Development Section, Air Programs Branch (AR-18J), 77 West
Jackson Boulevard, Chicago, Illinois 60604; interested persons wanting
to examine these documents should make an appointment with the
appropriate office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Tony Petruska, Region 7, (913) 551-
7637, (petruska.anthony@epa.gov), or Edward Doty, Region 5, (312) 886-
6057 (doty.edward@epa.gov).
SUPPLEMENTARY INFORMATION:
Table of Contents
What Is the Background for this Action?
What Are the National Ambient Air Quality Standards?
What Is the NAAQS for Ozone?
What Is a SIP?
What Is the St. Louis Ozone Nonattainment Area?
What Does This Action Do?
What Is the New Attainment Date for the St. Louis Area?
When Must Missouri and Illinois Submit SIP Revisions Fulfilling the
Requirements for Serious Ozone Nonattainment Areas?
What Is the Effective Date of the Reclassification to a Serious
Nonattainment Area?
Statutory and Executive Order Reviews
What Is the Background for This Action?
On November 25, 2002, the U.S. Court of Appeals for the Seventh
Circuit (Court) issued a decision in the case of the Sierra Club and
Missouri Coalition for the Environment v. EPA, 311 F. 3d 853 (7th Cir.
2002). In this decision, the Court vacated a June 26, 2001, rule which
extended the St. Louis area's attainment date, and remanded to EPA for
entry of a final rule that reclassifies the St. Louis area as a serious
nonattainment area. This rule reclassifies the St. Louis area as a
serious nonattainment area in accordance with the Court's Order. The
reclassification is based on a finding that the area did not attain the
1-hour ozone standard by November 15, 1996, the statutory attainment
date for moderate areas. The finding is based on monitored data for the
1994 through 1996 ozone seasons. As explained in more detail below, EPA
originally proposed to find that the area failed to attain the ozone
standard by November 15, 1996, and to reclassify the area to serious
nonattainment in a proposed rulemaking published March 18, 1999 (64 FR
13384). EPA finalized the finding and reclassification in a rulemaking
published March 19, 2001 (66 FR 15578), and withdrew that final
rulemaking prior to its effective date in the June 26, 2001, rulemaking
vacated by the Court. In response to the Court's order, EPA is
reinstating the finding of nonattainment and notice of
reclassification, effective today, and to reflect the new effective
date, is reinstating the schedule for Missouri and Illinois to submit
SIP revisions to meet the new serious area requirements.
In a separate rulemaking, EPA is proposing to redesignate the St.
Louis area to attainment with the 1-hour ozone standard. The proposal
is based, in part, on three years of complete, quality-assured, ambient
air monitoring data for the 2000 through 2002 ozone seasons which EPA
believes shows that the area has now attained the 1-hour ozone NAAQS.
Redesignation to attainment would eliminate the need for the states of
Missouri and Illinois to submit SIP revisions addressing the CAA's
pollution control requirements for serious ozone nonattainment areas.
However, should the St. Louis area not be redesignated to attainment,
the states of Missouri and Illinois will continue to be required to
submit the serious area SIP revisions within one year as specified in
this rule.
What Are the National Ambient Air Quality Standards?
Since the CAA's inception in 1970, EPA has set NAAQS for six common
air pollutants: carbon monoxide, lead, nitrogen dioxide, ozone,
particulate matter, and sulfur dioxide. The CAA requires that these
standards be set at levels that protect public health and welfare with
an adequate margin of safety. These standards present state and local
governments with the air quality levels they must meet to achieve clean
air. Also, these standards allow the American people to assess whether
or not the air quality in their communities is healthful.
What Is the NAAQS for Ozone?
The NAAQS for ozone is expressed in two forms which are referred to
as the 1-hour and 8-hour standards. Table 1 summarizes the ozone
standards.
Table 1.--Summary of Ozone Standards
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Standard Value Type Method of compliance
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1-hour............................. 0.12 ppm.............. Primary and Secondary. Must not be exceeded, on
average, more than one day
per year over any three-
year period at any monitor
within an area.
8-hour annual...................... 0.08 ppm.............. Primary and Secondary. The average of the fourth
highest daily maximum 8-
hour average ozone
concentration measured at
each monitor over any
three-year period.
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[[Page 4837]]
(Primary standards are designed to protect public health and secondary
standards are designed to protect public welfare and the environment.)
The 1-hour ozone standard of 0.12 parts per million (ppm) was
promulgated in 1979. The 1-hour ozone standard continues to apply to
the St. Louis area, and it is the classification of the St. Louis area
with respect to the 1-hour ozone standard that is addressed in this
document.
What Is a SIP?
Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that state air quality
meet the NAAQS established by EPA. These ambient standards are
established under section 109 of the CAA, and they currently address
six criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone,
lead, particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive. They may contain state regulations or other enforceable
documents and supporting information such as emission inventories,
monitoring networks, and modeling demonstrations.
What Is the St. Louis Ozone Nonattainment Area?
The St. Louis ozone nonattainment area is an interstate area which
includes Madison, Monroe, and St. Clair Counties in Illinois; and
Franklin, Jefferson, St. Charles, and St. Louis Counties and the City
of St. Louis in Missouri.
Under section 107(d)(1)(C) of the CAA, each ozone area designated
nonattainment for the 1-hour ozone standard prior to enactment of the
1990 CAA Amendments, such as the St. Louis area, was designated
nonattainment by operation of law upon enactment of the 1990
Amendments. In addition, under section 181(a) of the Act, each area
designated nonattainment under section 107(d) was classified as
``marginal,'' ``moderate,'' ``serious,'' ``severe,'' or ``extreme,''
depending on the severity of the area's air quality problem. The design
value for an area, i.e., the highest of the fourth highest 1-hour daily
maximums in a given three-year period, characterizes the severity of
the air quality problem. Table 2 provides the design value ranges for
each nonattainment classification. Ozone nonattainment areas with
design values between 0.138 and 0.160 ppm, such as the St. Louis area
(which had a design value of 0.156 ppm in 1989), were classified as
moderate. These nonattainment designations and classifications were
initially codified in 40 CFR part 81 (see 56 FR 56694, November 6,
1991).
Table 2.--Ozone Nonattainment Classifications
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Area class Design value (ppm) Attainment
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Marginal............................... 0.121 up to 0.138.............. November 15, 1993.
Moderate............................... 0.138 up to 0.160.............. November 15, 1996.
Serious................................ 0.160 up to 0.180.............. November 15, 1999.
Severe................................. 0.180 up to 0.280.............. November 15, 2005.
Extreme................................ 0.280 and above................ November 15, 2010.
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In addition, under section 182(b)(1)(A) of the CAA, states
containing areas that were classified as moderate nonattainment were
required to submit SIPs to provide for certain air pollution controls,
to show progress toward attainment of the ozone standard through
incremental emissions reductions, and to provide for attainment of the
ozone standard as expeditiously as practicable, but no later than
November 15, 1996. SIP requirements for moderate areas are listed
primarily in section 182(b) of the CAA.
What Does This Action Do?
On March 18, 1999, EPA proposed (64 FR 13384) its finding that the
St. Louis area did not attain the 1-hour ozone NAAQS by November 15,
1996, as required by the CAA. The proposed finding was based on 1994-
1996 air quality data which indicated the area's air quality violated
the standard and the area did not qualify for an attainment date
extension under the provisions of section 181(a)(5).\1\ Under the CAA,
the effect of a final finding that an area has not attained the 1-hour
ozone standard by the attainment date is that the area is reclassified
to a higher classification (commonly referred to as a ``bump up'' of
the area).
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\1\ Section 181(a)(5) specifies that a state may request, and
EPA may grant, up to two one-year attainment date extensions. EPA
may grant an extension if: (1) The state has complied with the
requirements and commitments pertaining to the applicable
implementation plan for the area, and (2) the area has measured no
more than one exceedance of the ozone standard at any monitoring
site in the nonattainment area in the year in which attainment is
required.
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Although the area was not eligible for an attainment date extension
under section 181(a)(5), the March 18, 1999, proposal included a notice
of the St. Louis area's potential eligibility for an attainment date
extension, pursuant to EPA's July 16, 1998, ``Guidance on Extension of
Air Quality Attainment Dates for Downwind Transport Areas''
(hereinafter referred to as the extension policy), signed by Richard D.
Wilson, Acting Assistant Administrator for Air and Radiation. The
extension policy, published in a March 25, 1999, Federal Register
notice (64 FR 14441), addresses circumstances where pollution from
upwind areas interferes with the ability of a downwind area to attain
the 1-hour ozone standard by its attainment date. EPA proposed to
finalize its action on the determination of nonattainment and
reclassification of the St. Louis area only after the area had received
an opportunity to qualify for an attainment date extension under the
extension policy. On January 29, 2001, the U.S. District Court for the
District of Columbia ordered EPA to make a determination whether the
St. Louis nonattainment area attained the requisite ozone standards.
(Sierra Club v. Whitman, No. 98-2733 (CKK).)
On March 19, 2001 (66 FR 15578), EPA finalized its finding that the
St. Louis area failed to attain the 1-hour ozone NAAQS by November 15,
1996, and reclassified the area to ``serious'' as of the effective date
of the rule. In addition, that rule established the dates by which
Missouri and Illinois were to submit SIP revisions addressing the CAA's
pollution control requirements for serious ozone nonattainment areas
and attain the 1-hour NAAQS for ozone. The March 19, 2001, rulemaking
action was to be effective on May 18, 2001.
On May 16, 2001, EPA published a rule (66 FR 27036) extending the
effective date of the March 19, 2001, rulemaking to June 29, 2001.
[[Page 4838]]
On June 26, 2001, EPA issued a final rule (66 FR 33996) in which
EPA extended the attainment date for the St. Louis area, consistent
with the extension policy, and withdrew the March 19, 2001, rulemaking.
The rule also approved the attainment demonstration for the St. Louis
area and took several other related actions.
Petitions were filed in the U.S. Court of Appeals for the Seventh
Circuit (Court) (Sierra Club and Missouri Coalition for the Environment
v. EPA, (Nos. 01-2844 and 01-2845)) for review of the May 16, 2001, and
June 26, 2001, rules. On November 25, 2002, the Court granted the
petitions, vacated the June 26, 2001, rule extending the St. Louis
area's attainment date, and remanded to EPA for ``entry of a final rule
that reclassifies St. Louis as a serious nonattainment area effective
immediately * * *'' (Sierra Club and Missouri Coalition for the
Environment v. EPA, 311 F. 3d 853 (7th Cir. 2002)).
This rule reclassifies the St. Louis area as a serious
nonattainment area in accordance with the Court's Order, and in
accordance with section 181(b)(2)(A) of the CAA. Additional background
for this rule may be found in the March 18, 1999, proposal (64 FR
13384) and in the March 19, 2001, final rule (66 FR 15578). This action
reinstates EPA's finding that the St. Louis area failed to attain the
1-hour standard by November 15, 1996, as prescribed in Section 181 of
the CAA. A summary and discussion of the air quality monitoring data
for the St. Louis area for 1994 through 1996 used to make this finding
can be found in the March 18, 1999, proposal (64 FR 13384, 13385-87)
and in the March 19, 2001, rule (66 FR 15578, 15580-15581, 15583-
15584). EPA incorporates by reference in this rule the analyses and
discussion of the air quality monitoring data and of the area's new
classification set forth in the March 18, 1999, proposed rule and in
the March 19, 2001, final rule.
EPA received comments on the March 18, 1999, proposal (and on an
April 17, 2000, proposal, 65 FR 20404--see 66 FR 15585-15586 for a
discussion of comments on the April 17, 2000, proposal) relating to the
necessity and scope of a reclassification of the St. Louis area, which
are summarized in the March 19, 2001, final rule (66 FR 15578, 15585-
15587). The final rule also contains EPA's detailed response to the
comments, which is incorporated by reference in this final rule.
What Is the New Attainment Date for the St. Louis Area?
As part of the reclassification of an area, EPA must establish an
attainment date for the reclassified area. Section 181 of the CAA
states that the attainment date for serious nonattainment areas shall
be as expeditiously as practicable but not later than 9 years after
enactment (November 15, 1999). Where an attainment date has already
passed and is therefore impossible to meet, EPA has reasoned that the
Administrator may establish an attainment date later than the date
specified in the CAA. However, EPA believes that it must establish a
new attainment date in accordance with the principle in the CAA that
attainment must be achieved as expeditiously as practicable.
In the March 19, 2001, rule (66 FR 15578), EPA set forth its
reasoning and conclusion that the most appropriate attainment date is
one which is as expeditious as practicable and accounts for the upwind
reductions associated with the NOX SIP call, or no later
than November 15, 2004. In the March 19, 2001, rule (66 FR 15578,
15587), EPA summarized the comments on the appropriate attainment date
for the reclassified area and provided EPA's responses to the comments.
EPA incorporates its responses and its rationale by reference in this
final rule.
When Must Missouri and Illinois Submit SIP Revisions Fulfilling the
Requirements for Serious Ozone Nonattainment Areas?
In addition to establishing a new attainment date, EPA must also
address the schedule by which Illinois and Missouri are required to
submit SIP revisions meeting the CAA's pollution control requirements
for serious areas. The measures required by section 182(c) of the CAA
include, but are not limited to, the following: (1) Attainment and
reasonable further progress demonstrations; (2) enhanced vehicle
inspection and maintenance (I/M) programs; (3) clean-fuel vehicle
programs; (4) the major source threshold lowered from 100 to 50 tons
per year for volatile organic compounds (VOCs) and nitrogen oxide
compounds (NOX); (5) more stringent new source review
requirements; (6) an enhanced air monitoring program; and (7)
contingency provisions.
In the March 18, 1999, proposal (64 FR 13384) and in the March 19,
2001, rule (66 FR 15585), EPA stated that a submittal deadline of 12
months after the effective date of reclassification will give the
states adequate time to adopt and submit the additional serious area
requirements. EPA also noted that the 12-month deadline is consistent
with the time given to other areas (such as Dallas-Fort Worth, Phoenix,
and Santa Barbara) which were reclassified from moderate to serious.
EPA received one comment in support of a 12-month deadline and no other
comments on the proposed deadline. In the March 19, 2001, rule, EPA
required Missouri and Illinois to submit SIP revisions addressing the
Act's pollution control requirements for serious ozone nonattainment
areas within 12 months of the effective date of the rule.
EPA has determined that a 12-month deadline for submitting SIP
revisions meeting the CAA's pollution control requirements for serious
areas is appropriate for the reasons stated in the March 19, 2001,
rule. Therefore, EPA is requiring that the ``serious'' area measures be
submitted within 12 months of the date of publication of this rule.
What Is the Effective Date of the Reclassification to a Serious
Nonattainment Area?
The Court, in its November 25, 2002, Order, vacated the June 26,
2001, rule (66 FR 33996) and remanded for entry of a final rule that
reclassifies St. Louis as a serious nonattainment area effective
immediately.
On May 16, 2001, EPA published a rule (66 FR 27036) delaying the
effective date of reclassification of the St. Louis area to a serious
nonattainment area until June 29, 2001. On June 26, 2001, EPA published
a rule (66 FR 33996) in which the reclassification of the St. Louis
area to a serious nonattainment area was withdrawn. By vacating the
June 26, 2001, rule, the Court's Order also vacated the withdrawal of
the reclassification.
One conclusion which could be drawn from the Court's Order vacating
the June 26, 2001, rule is that the effective date of the
reclassification to a serious nonattainment area reverts back to June
29, 2001. Such a conclusion would be inconsistent with the language
used by the Court in its remand. The court ordered EPA to
``reclassify'' the St. Louis area, and to make the reclassification
``effective immediately.'' Thus, EPA believes that the Court intended
for the reclassification of the St. Louis area to a serious
nonattainment to be effective immediately upon publication of this
rule.
Although it is not appropriate to make this rule retroactive, EPA
is making this final rulemaking effective upon publication. Section
553(d) of the Administrative Procedures Act generally provides that
rules may not take effect earlier than 30 days after they are published
in the Federal Register. However, if an Agency identifies a good
[[Page 4839]]
cause, section 553(d)(3) allows a rule to take effect earlier, provided
that the Agency publishes its reasoning in the final rule. EPA is
making this action effective upon publication in order to comply with
an order of the United States Court of Appeals for the Seventh Circuit.
As discussed elsewhere in this rulemaking, the Court ordered EPA to
publish this final rule and to make it immediately effective.
Therefore, in accordance with section 553(d)(3), EPA finds good cause
to establish the date of publication as the effective date of the rule.
For the foregoing reasons, EPA is establishing the date of
publication as the effective date of this rule.
Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA is
required to determine whether regulatory actions are significant and
therefore should be subject to Office of Management and Budget (OMB)
review, economic analysis, and the requirements of the Executive Order.
The Executive Order defines a ``significant regulatory action'' as one
that is likely to result in a rule that may meet at least one of the
four criteria identified in section 3(f), including, under paragraph
(1), that the rule may ``have an annual effect on the economy of $100
million or more or adversely affect, in a material way, the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or state, local or tribal
governments or communities.''
The Agency has determined that the determination of nonattainment
would result in none of the effects identified in section 3(f) of the
Executive Order. Under section 181(b)(2) of the CAA, determinations of
nonattainment are based upon air quality considerations and the
resulting reclassifications must occur by operation of law. They do
not, in and of themselves, impose any new requirements on any sectors
of the economy. In addition, because the statutory requirements are
clearly defined with respect to the differently classified areas, and
because those requirements are automatically triggered by
classifications that, in turn, are triggered by air quality values,
determinations of nonattainment and reclassification cannot be said to
impose a materially adverse impact on state, local, or tribal
governments or communities.
B. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and 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 voluntary consensus standards. This
action does not involve technical standards. Therefore, EPA did not
consider the use of any voluntary consensus standards.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
Determinations of nonattainment and the resulting reclassification
of nonattainment areas by operation of law under section 181(b)(2) of
the CAA do not in and of themselves create any new requirements.
Instead, this rulemaking only makes a factual determination, and does
not directly regulate any entities. See 62 FR 60001, 60007-60008, and
60010 (November 6, 1997) for additional analysis of the RFA
implications of attainment determinations. Therefore, pursuant to 5
U.S.C. 605(b), I certify that today's final action does not have a
significant impact on a substantial number of small entities within the
meaning of those terms for RFA purposes.
D. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(UMRA), signed into law on March 22, 1995, EPA must prepare a budgetary
impact statement to accompany any proposed or final rule that includes
a Federal mandate that may result in estimated annual costs to state,
local, or tribal governments in the aggregate, or to the private
sector, of $100 million or more. Under section 205, EPA must select the
most cost-effective and least burdensome alternative that achieves the
objectives of the rule and is consistent with statutory requirements.
Section 203 requires EPA to establish a plan for informing and advising
any small governments that may be significantly or uniquely impacted by
the rule.
EPA believes, as discussed above, that the finding of nonattainment
is a factual determination based upon air quality considerations and
that the resulting reclassification of the area must occur by operation
of law. Thus, the finding does not constitute a Federal mandate, as
defined in section 101 of the UMRA, because it does not impose an
enforceable duty on any entity.
E. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be economically significant as defined under Executive
Order 12866, and (2) concerns an environmental health or safety risk
that EPA has reason to believe may have a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency. This action is not subject to Executive Order
13045 because it does not involve decisions intended to mitigate
environmental health or safety risks.
F. Executive Order 13132, Federalism
Federalism (64 FR 43255, August 10, 1999) requires EPA to develop
an accountable process to ensure ``meaningful and timely input by state
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds
[[Page 4840]]
necessary to pay the direct compliance costs incurred by state and
local governments, or EPA consults with state and local officials early
in the process of developing the proposed regulation. EPA also may not
issue a regulation that has federalism implications and that preempts
state law unless the Agency consults with state and local officials
early in the process of developing the proposed regulation.
This determination of nonattainment and the resulting
reclassification of a nonattainment area by operation of law 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, because this action does not, in
and of itself, impose any new requirements on any sectors of the
economy, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. Thus, the
requirements of section 6 of the Executive Order do not apply to these
actions.
G. Executive Order 13175, 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 will not
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.
H. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the United States Senate, the United States
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).
I. 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 appropriate circuit by March 31, 2003. 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 CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National Parks,
Ozone, Wilderness areas.
Dated: January 13, 2003.
James Gulliford,
Regional Administrator, Region 7.
Dated: January 16, 2003.
Thomas V. Skinner,
Regional Administrator, Region 5.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. In Sec. 81.314 the table entitled ``Illinois--Ozone (1-Hour
Standard)'' is amended by revising the entry for St. Louis Area to read
as follows:
Sec. 81.314 Illinois.
* * * * *
Illinois--Ozone (1-Hour Standard)
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Designation Classification
Designated area ---------------------------------------------------------------------------
Date 1 Type Date 1 Type
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* * * * * * *
St. Louis Area:
Madison County.................. 1-30-2003 Nonattainment.......... 1-30-2003 Serious.
Monroe County................... 1-30-2003 Nonattainment.......... 1-30-2003 Serious.
St. Clair County................ 1-30-2003 Nonattainment.......... 1-30-2003 Serious.
* * * * * * *
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\1\ This date is October 18, 2000, unless otherwise noted.
* * * * *
3. In Sec. 81.326 the table entitled ``Missouri--Ozone (1-Hour
Standard)'' is amended by revising the entry for St. Louis Area to read
as follows:
Sec. 81.326 Missouri.
* * * * *
[[Page 4841]]
Missouri--Ozone (1-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------
Date 1 Type Date 1 Type
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* * * * * * *
St. Louis Area:
Franklin County................. 1-30-2003 Nonattainment.......... 1-30-2003 Serious.
Jefferson County................ 1-30-2003 Nonattainment.......... 1-30-2003 Serious.
St. Charles County.............. 1-30-2003 Nonattainment.......... 1-30-2003 Serious.
St. Louis County................ 1-30-2003 Nonattainment.......... 1-30-2003 Serious.
St. Louis County................ 1-30-2003 Nonattainment.......... 1-30-2003 Serious.
* * * * * * *
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\1\ This date is October 18, 2000, unless otherwise noted.
* * * * *
[FR Doc. 03-1771 Filed 1-29-03; 8:45 am]
BILLING CODE 6560-50-P