[Federal Register: April 2, 2008 (Volume 73, Number 64)]
[Rules and Regulations]
[Page 17897-17906]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap08-9]
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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.
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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: http://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 http://
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.
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You may find copies of all State reports at http://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.
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EPA Region 4
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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.........
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EPA Region 6
----------------------------------------------------------------------------------------------------------------
TX............................... San Antonio..................... Bexar County............... 0.082
Comal County...............
Guadalupe County...........
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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 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