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Rule

Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas With Deferred Effective Dates

Action

Final Rule.

Summary

This rule sets forth the air quality designations and classifications for every area in the United States, including Indian country, for the 8-hour ozone national ambient air quality standard. We are issuing this rule so that citizens will know whether the air where they live and work is healthful or unhealthful and to establish the boundaries and classifications for areas designated as nonattainment. Children are at risk when exposed to ozone pollution because their lungs are still developing, people with existing respiratory disease are at risk, and even healthy people who are active outdoors can experience difficulty breathing when exposed to ozone pollution. In this document, EPA is also promulgating the first deferral of the effective date, to September 30, 2005, of the nonattainment designation for Early Action Compact areas that have met all milestones through March 31, 2004. Finally, we are inviting States to submit by July 15, 2004, requests to reclassify areas if their design value falls within five percent of a high or lower classification. This rule does not establish or address State and Tribal obligations for planning and control requirements which apply to nonattainment areas for the 8-hour ozone standard. Two separate rules, one of which is also published today, set forth the planning and control requirements which apply to nonattainment areas for this standard. The second rule will be published at a later date.

 

Table of Contents Back to Top

Tables Back to Top

EFFECTIVE DATE: Back to Top

This final rule is effective on June 15, 2004.

ADDRESSES: Back to Top

EPA has established dockets for this action under Docket ID No. OAR-2003-0083 (Designations) and OAR-2003-0090 (Early Action Compacts). All documents in the docket are listed in the EDOCKET index at http://www.epa.gov/edocket. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (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 in EDOCKET or in hard copy at the Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The 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 Office of Air and Radiation Docket and Information Center is (202) 566-1742. In addition, we have placed a copy of the rule and a variety of materials regarding designations on EPA's designation Web site at: http://www.epa.gov/oar/oaqps/glo/designations and on the Tribal Web site at: http://www.epa.gov/air/tribal. Materials relevant to Early Action Compact (EAC) areas are on EPA's Web site at: http://www.epa.gov/ttn/naaqs/ozone/eac/w1040218_eac_resources.pdf. In addition, the public may inspect the rule and technical support at the following locations.

Regional offices States
Dave Conroy, Acting Branch Chief, Air Programs Branch, EPA New England, I Congress Street, Suite 1100, Boston, MA 02114-2023, (617) 918-1661 Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.
Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290 Broadway, 25th Floor, New York, NY 10007-1866, (212) 637-4249 New Jersey, New York, Puerto Rico, and Virgin Islands.
Makeba Morris, Branch Chief, Air Quality Planning Branch, EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2187, (215) 814-2187 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia.
Richard A. Schutt, Chief, Regulatory Development Section, EPA Region IV, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., 12th Floor, Atlanta, GA 30303, (404) 562-9033 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.
Pamela Blakley, Acting Chief, Air Programs Branch, EPA Region V, 77 West Jackson Street, Chicago, IL 60604, (312) 886-4447 Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
Donna Ascenzi, Acting Associate Director, Air Programs, EPA Region VI, 1445 Ross Avenue, Dallas, TX 75202, (214) 665-2725 Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901 North 5th Street, Kansas City, Kansas 66101-2907, (913) 551-7606 Iowa, Kansas, Missouri, and Nebraska.
Richard R. Long, Director, Air and Radiation Program, EPA Region VIII, 999 18th Street, Suite 300, Denver, CO 80202-2466, (303) 312-6005 Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.
Steven Barhite, Air Planning Office, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972-3980 Arizona, California, Guam, Hawaii, and Nevada.
Bonnie Thie, Manager, State and Tribal Air Programs, EPA Region X, Office of Air, Waste, and Toxics, Mail Code OAQ-107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553-1189 Alaska, Idaho, Oregon, and Washington.

FOR FURTHER INFORMATION CONTACT: Back to Top

Ms. Sharon Reinders, Designations, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711, phone number (919) 541-5284 or by e-mail at: reinders.sharon@epa.gov.

Ms. Annie Nikbakht, Part 81 Code of Federal Regulations, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711, phone number (919) 541-5246 or by e-mail at: nikbakht.annie@epa.gov.

Mr. Doug Grano, Classifications, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711, phone number (919) 541-3292 or by e-mail at: grano.doug@epa.gov.

Mr. David Cole, Early Action Compacts, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711, phone number (919) 541-5565 or by e-mail at: cole.david@epa.gov.

Mr. Barry Gilbert, Technical Issues, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539-02, Research Triangle Park, NC 27711, phone number (919) 541-5238 or by e-mail at: gilbert.barry@epa.gov.

SUPPLEMENTARY INFORMATION: Back to Top

Table of Contents Back to Top

The following is an outline of the preamble.

I. Preamble Glossary of Terms and Acronyms

II. What Is the Purpose of This Document?

III. How Is Ground-Level Ozone Formed?

IV. What Are the Health Concerns Addressed by the 8-Hour Ozone Standard?

V. What Is the Chronology of Events Leading Up to This Rule?

VI. What Are the Statutory Requirements for Designating Areas and What Is EPA's Policy and Guidance for Determining Ozone Nonattainment Area Boundaries for the 8-Hour Ozone NAAQS?

VII. What Are the Clean Air Act (CAA or Act) Requirements for Air Quality Designations and what Actions Has EPA Taken To Meet the Requirements?

A. Where Can I Find Information Forming the Basis for This Rule and Exchanges Between EPA, States, and Tribes Related to This Rule?

VIII. What Are the CAA Requirements for Air Quality Classifications?

IX. What Action Is EPA Taking To Defer the Effective Date of Nonattainment Designation for EAC Areas?

A. When Did EPA Propose the First Deferred Effective Date of Nonattainment Designations?

B. What Progress Are Compact Areas Making Toward Completing Their Milestones?

C. What Is Today's Final Action for Compact Areas?

D. What Is EPA's Schedule for Taking Further Action To Continue To Defer the Effective Date of Nonattainment Designation for Compact Areas?

E. What Action Will EPA Take if a Compact Area Does Not Meet a Milestone?

F. What Comments Did EPA Receive on the December 16, 2003 Proposal and on the June 2, 2003 Proposed Implementation Rule Specific to Compacts?

X. How Do Designations Affect Indian Country?

XI. 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. Congressional Review Act

I. Preamble Glossary Of Terms And Acronyms Back to Top

The following are abbreviations of terms used in the preamble.

CAA—Clean Air Act

CFR—Code of Federal Regulations

CBI—Confidential Business Information

CMAQ—Congestion Mitigation Air Quality

CMSA—Consolidated Metropolitan Statistical Area

D.C.—District of Columbia

EAC—Early Action Compact or Compact

EPA—Environmental Protection Agency or Agency

FR—Federal Register

MPO—Metropolitan Planning Organization

MSA—Metropolitan Statistical Area

NAAQS—National Ambient Air Quality Standard or Standard

NO X—Nitrogen Oxides

NOA—Notice of Availability

NPR—Notice of Proposed Rulemaking

NSR—New Source Review

OMB—Office of Management and Budget

PPM—Parts Per Million

RFG—Reformulated Fuel

RTC—Response to Comment

SIP—State Implementation Plan

TAR—Tribal Authority Rule

TEA-21—Transportation Equity Act for the 21st Century

TPY—Tons Per Year

TSD—Technical Support Document

U.S.—United States

VOC—Volatile Organic Compounds

II. What Is the Purpose of This Document? Back to Top

The purpose of this document is to announce and promulgate designations, classifications, and boundaries for areas of the country with respect to the 8-hour ground-level ozone National Ambient Air Quality Standard (NAAQS) in accordance with the requirements of the CAA. We took several steps to announce that this rule was available. We posted the rule on several EPA Web sites and provided a copy of the rule, which was signed by the Administrator on April 15, 2004, to States and Tribes.

III. How Is Ground-Level Ozone Formed? Back to Top

Ground-level ozone (sometimes referred to as smog) is formed by the reaction of volatile organic compounds (VOCs) and oxides of nitrogen (NO X) in the atmosphere in the presence of sunlight. These two pollutants, often referred to as ozone precursors, are emitted by many types of pollution sources, including on-road and off-road motor vehicles and engines, power plants and industrial facilities, and smaller sources, collectively referred to as area sources. Ozone is predominately a summertime air pollutant. Changing weather patterns contribute to yearly differences in ozone concentrations from region to region. Ozone and the pollutants that form ozone also can be transported into an area from pollution sources found hundreds of miles upwind.

IV. What Are the Health Concerns Addressed by the 8-Hour Ozone Standard? Back to Top

During the hot summer months, ground-level ozone reaches unhealthy levels in several parts of the country. Ozone is a significant health concern, particularly for children and people with asthma and other respiratory diseases. Ozone has also been associated with increased hospitalizations and emergency room visits for respiratory causes, school absences, and reduced activity and productivity because people are suffering from ozone-related respiratory symptoms.

Breathing ozone can trigger a variety of health problems. Ozone can irritate the respiratory system, causing coughing, throat irritation, an uncomfortable sensation in the chest, and/or pain when breathing deeply. Ozone can worsen asthma and possibly other respiratory diseases, such as bronchitis and emphysema. When ozone levels are high, more people with asthma have attacks that require a doctor's attention or the use of additional medication. Ozone can reduce lung function and make it more difficult to breathe deeply, and breathing may become more rapid and shallow than normal, thereby limiting a person's normal activity. In addition, breathing ozone can inflame and damage the lining of the lungs, which may lead to permanent changes in lung tissue, irreversible reductions in lung function, and a lower quality of life if the inflammation occurs repeatedly over a long time period (months, years, a lifetime). People who are particularly susceptible to the effects of ozone include children and adults who are active outdoors, people with respiratory disease, such as asthma, and people with unusual sensitivity to ozone.

More detailed information on the health effects of ozone can be found at the following Web site: http://www.epa.gov/ttn/naaqs/standards/ozone/s_o3_index.html.

V. What Is the Chronology of Events Leading Up to This Rule? Back to Top

This section summarizes the relevant activities leading up to today's rule, including promulgation of the 8-hour ozone NAAQS and litigation challenging that standard. The CAA establishes a process for air quality management through the NAAQS. Area designations are required after promulgation of a new or revised NAAQS. In 1979, we promulgated the 0.12 parts per million (ppm) 1-hour ozone standard, (44 Federal Register 8202, February 8, 1979). On July 18, 1997, we promulgated a revised ozone standard of 0.08 ppm, measured over an 8-hour period, i.e., the 8-hour standard (62 FR 38856). The 8-hour standard is more protective of public health and more stringent than the 1-hour standard. The NAAQS rule was challenged by numerous litigants and in May 1999, the U.S. Court of Appeals for the D.C. Circuit issued a decision remanding, but not vacating, the 8-hour ozone standard. Among other things, the Court recognized that EPA is required to designate areas for any new or revised NAAQS in accordance with the CAA and addressed a number of other issues, which are not related to designations. American Trucking Assoc. v. EPA, 175 F.3d 1027, 1047-48, on rehearing 195 F.3d 4 (D.C. Cir., 1999). We sought review of two aspects of that decision in the U.S. Supreme Court. In February 2001, the Supreme Court upheld our authority to set the NAAQS and remanded the case back to the D.C. Circuit for disposition of issues the Court did not address in its initial decision. Whitman v. American Trucking Assoc., 121 S. Ct. 903, 911-914, 916-919 (2001) (Whitman). The Supreme Court also remanded the 8-hour implementation strategy to EPA. In March 2002, the D.C. Circuit rejected all remaining challenges to the 8-hour ozone standard. American Trucking Assoc. v. EPA, 283 F.3d 355 (D.C. Cir. 2002).

The process for designations following promulgation of a NAAQS is contained in section 107(d)(1) of the CAA. For the 8-hour NAAQS, the Transportation Equity Act for the 21st Century (TEA-21) extended by 1 year the time for EPA to designate areas for the 8-hour NAAQS. [1] Thus, EPA was required to designate areas for the 8-hour NAAQS by July 2000. However, HR3645 (EPA's appropriation bill in 2000) restricted EPA's authority to spend money to designate areas until June 2001 or the date of the Supreme Court ruling on the standard, whichever came first. As noted earlier, the Supreme Court decision was issued in February 2001. In 2003, several environmental groups filed suit in district court claiming EPA had not met its statutory obligation to designate areas for the 8-hour NAAQS. We entered into a consent decree, which requires EPA to issue the designations by April 15, 2004.

VI. What Are the Statutory Requirements for Designating Areas and What Is EPA's Policy and Guidance for Determining Nonattainment Area Boundaries for the 8-Hour Ozone NAAQS? Back to Top

This section describes the statutory definition of nonattainment and EPA's guidance for determining air quality attainment and nonattainment areas for the 8-hour ozone NAAQS. In March 2000 [2] and July 2000 [3] we issued designation guidance on how to determine the boundaries for nonattainment areas. In that guidance, we rely on the CAA definition of a nonattainment area that is defined in section 107(d)(1)(A)(i) as an area that is violating an ambient standard or is contributing to a nearby area that is violating the standard. If an area meets this definition, EPA is obligated to designate the area as nonattainment.

In making designations and classifications, we use the most recent 3 years of monitoring data. [4] Therefore, today's designations and classifications are generally based on monitoring data collected in 2001-2003 although other relevant years of data may have been used in certain circumstances. Once we determine that a monitor is recording a violation, the next step is to determine if there are any nearby areas that are contributing to the violation and include them in the designated nonattainment area.

For guidance on determining the nonattainment boundary for the 8-hour ozone standard, we look to CAA section 107(d)(4) that established the Consolidated Metropolitan Statistical Area (CMSA) or Metropolitan Statistical Area (MSA) presumptive boundary for more polluted areas when we promulgated our designation actions in 1991 for the 1-hour ozone standard. In our guidance on determining nonattainment area boundaries for the 8-hour ozone standard, we advised States that if a violating monitor is located in a CMSA or MSA (as defined by the Office of Management and Budget (OMB) in 1999), the larger of the 1-hour ozone nonattainment area or the CMSA or MSA should be considered in determining the boundary of a nonattainment area. The actual size of the nonattainment area may be larger or smaller, depending on air quality-related technical factors contained in our designation guidance. We start with counties in the CMSA or MSA because that area, defined by OMB, generally shares economic, transportation, population and other linkages that are similar to air quality related factors that produce ozone pollution. Also, many CMSAs and MSAs generally are associated with higher levels of ozone concentrations and ozone precursor emissions than areas that are not in or near CMSAs or MSAs.

In June 2003, OMB released a new list of statistical areas. This release was so late in the designation process that we determined that it would be disruptive and unfair to the States and Tribes to revise our guidance. However, we believe it is necessary to evaluate all counties in and around an area containing a monitor that is violating the standard, pursuant to our guidance to consider nearby areas that are contributing to a violation in determining the boundaries of the nonattainment area.

Once a CMSA, MSA or single county area is determined to contain a monitor that is violating the standard, the area can be evaluated using all applicable suggested air quality related factors in our guidance. The factors can be used to justify including counties outside the CMSA or MSA or excluding counties in the CMSA or MSA. The factors were compiled based on our experience in designating areas for the ozone standard in March 1978 and November 1991 and by looking to the CAA, section 107(d)(4), which states that the Administrator and the Governor shall consider factors such as population density, traffic congestion, commercial development, industrial development, meteorological conditions, and pollution transport. State and local agencies also had extensive input into compiling the factors.

The factors are:

(1) Emissions and air quality in adjacent areas (including adjacent CMSAs and MSAs),

(2) Population density and degree of urbanization including commercial development (significant difference from surrounding areas),

(3) Monitoring data representing ozone concentrations in local areas and larger areas (urban or regional scale),

(4) Location of emission sources (emission sources and nearby receptors should generally be included in the same nonattainment area),

(5) Traffic and commuting patterns,

(6) Expected growth (including extent, pattern and rate of growth),

(7) Meteorology (weather/transport patterns),

(8) Geography/topography (mountain ranges or other air basin boundaries),

(9) Jurisdictional boundaries (e.g., counties, air districts, existing 1-hour nonattainment areas, Reservations, etc.),

(10) Level of control of emission sources, and,

(11) Regional emissions reductions (e.g., NO X State Implementation Plan (SIP) Call or other enforceable regional strategies).

When evaluating the air quality factors for individual areas, we took into account our view that data recorded by an ozone air quality monitor in most cases represents air quality throughout the area in which it is located. In addition, we used the county (or in the case of parts of New England, the township) as the basic jurisdictional unit in determining the extent of the area reflected by the ozone monitor data. As a result, if an ozone monitor was violating the standard based on the 2001-2003 data, we designated the entire county as nonattainment. There were some exceptions to this rule: in cases where a county was extremely large as in the West; where a geographic feature bifurcated a county, leading to different air quality in different parts of the county; and where a mountain top monitor reflected the air quality data only on the mountain top and not in lower elevation areas.

After identifying the counties with violating monitors, we then determined which nearby counties were not monitoring violations but were nonetheless contributing to the nearby violation. We considered each of the 11 factors in making our contribution assessment, including emissions, traffic patterns, population density, and area growth. In some cases, in considering these factors, as well as information and recommendations provided by the State, we determined that only part of a county was contributing to the nearby nonattainment area. In addition, in certain cases, we determined that a county without an ozone monitor should be designated nonattainment because contiguous counties have monitors that are violating the standard. In at least two instances, we determined that a part of a county with no monitor, but with a large emission source that did not have state-of-the-art controls, contributes to a nearby violation. In some instances, if a State had requested that we continue to use the 1-hour ozone nonattainment boundary for an area, we continued to use that boundary in determining the size of the 8-hour nonattainment area.

The EPA cannot rely on planned ozone reduction strategies in making decisions regarding nonattainment designations, even if those strategies predict that an area may attain in the future. We recognize that some areas with a violating monitor may come into attainment in the future without additional local emission controls because of State and/or national programs that will reduce ozone transport. While we cannot consider these analyses in determining designations, we intend to expedite the redesignation of the areas to attainment once they monitor clean air. We also intend to apply our policy which streamlines the planning process for nonattainment areas that are meeting the NAAQS. [5]

We believe that area-to-area variations must be considered in determining whether to include a county as contributing to a particular nonattainment problem. Thus, our guidance does not establish cut-points for how a particular factor is applied, e.g., it does not identify a set amount of VOC or NO X emissions or a specific level of commuting population that would result in including a county in the designated nonattainment area. For example, a county with a large source or sources of NO X emissions may be considered as a contributing county if it is upwind, rather than downwind, of a violating monitor. Additionally, a county with VOC emissions of 5,000 tons per year (tpy) might be viewed differently if the total VOC emissions of the area are 15,000 tpy rather than 30,000 tpy. We analyzed the information provided by each State or Tribe in its recommendation letter, or subsequently submitted, along with any other pertinent information available to EPA, to determine whether a county should be designated nonattainment. We evaluated each State or Tribal designation recommendation in light of the 11 factors, bringing to bear our best technical and policy judgement. If the result of the evaluation is that a county, whether inside or outside of the CMSA or MSA, is contributing to the violation, we designated the area as nonattainment.

VII. What Are the CAA Requirements for Air Quality Designations and What Actions Has EPA Taken To Meet the Requirements? Back to Top

In this part, we summarize the provisions of section 107(d)(1) of the CAA that govern the process States and EPA must undertake to recommend and promulgate designations. Following promulgation of a standard, each State Governor or Tribal leader has an opportunity to recommend air quality designations, including appropriate boundaries, to EPA. No later than 120 days prior to promulgating designations, we must notify States or Tribes if we intend to make modifications to their recommendations and boundaries as we deem necessary. States and Tribes then have an opportunity to provide a demonstration as to why the proposed modification is inappropriate. Whether or not a State or Tribe provides a recommendation, EPA must promulgate the designation it deems appropriate.

In June 2000, we asked each State and Tribal Governor or Tribal leader to submit their designation recommendations and supporting documentation to EPA. Because of the uncertainties due to the ongoing litigation on the ozone standard, we did not notify States and Tribes of any intended modifications and did not designate areas at that time. After the legal challenges to the ozone NAAQS were resolved, we requested that States and Tribes provide updated recommendations and any additional supporting documentation by July 15, 2003. EPA published a Notice of Availability (NOA) announcing the availability of the State and Tribal recommendations in the FR on September 8, 2003 (68 FR 52933). After carefully evaluating each recommendation and the supporting documentation, on December 3, 2003, we wrote a letter to each State and Tribe notifying them if we intended to make a modification to their recommendation and indicating the area with which we agreed with their recommendation. We provided an opportunity until February 6, 2004, for a demonstration as to why our modification was not appropriate. A NOA announcing the availability of our letters was published in the FR on December 10, 2003 (68 FR 68805). In response to our December 3, 2003 letters, we received letters and demonstrations from many States and Tribes on why our modifications were not appropriate. We evaluated each letter and all of the timely technical information provided to us before arriving at the final decisions reflected in today's rule. Some of the designations reflect our modifications to the State or Tribes' recommendations. Throughout the designation process, we have received letters from other interested parties. We have placed these letters and our responses to the substantive issues raised by them in the docket. Responses to significant comments received on EAC areas are summarized in this document.

Tribal designation activities are covered under the authority of section 301(d) of the CAA. This provision of the Act authorizes us to treat eligible Indian Tribes in the same manner as States. Pursuant to section 301(d)(2), we promulgated regulations known as the Tribal Authority Rule (TAR) on February 12, 1999, that specify those provisions of the CAA for which it is appropriate to treat Tribes as States, (63 FR 7254), codified at 40 CFR part 49 (1999). Under the TAR, Tribes may choose to develop and implement their own CAA programs, but are not required to do so. The TAR also establishes procedures and criteria by which Tribes may request from EPA a determination of eligibility for such treatment. The designations process contained in section 107(d) of the CAA is included among those provisions determined appropriate by us for treatment of Tribes in the same manner as States. As authorized by the TAR, Tribes may request an opportunity to submit designation recommendations to us. In cases where Tribes do not make their own recommendations, EPA, in consultation with the Tribes, will promulgate the designation we deem appropriate on their behalf. We invited all Tribes to submit recommendations to us. We worked with the Tribes that requested an opportunity to submit designation recommendations. Eligible Tribes could choose to submit their own recommendations and supporting documentation. We reviewed the recommendations made by Tribes and, in consultation with the Tribes, made modifications as deemed necessary. Under the TAR, Tribes generally are not subject to the same submission schedules imposed by the CAA on States. However, we worked with Tribes in scheduling interim activities and final designation actions because of the consent decree obligating us to have a signed rule designating areas by April 15, 2004.

Today's designation action is a final rule establishing designations for all areas of the country. Today's action also sets forth the classifications for subpart 2 ozone nonattainment areas. Section 181(a) provides that areas will be classified at the time of designation. This rulemaking fulfills those requirements. Classifications are discussed below.

A. Where Can I Find Information Forming the Basis for This Rule and Exchanges Between EPA, States, and Tribes Related to This Rule?

Discussions concerning the basis for today's actions and decisions are provided in the technical support document (TSD). The TSD, along with copies of all of the above mentioned correspondence, other correspondence between the States, Tribes, interested parties, and EPA regarding this process and guidance memoranda are available for review in the EPA Docket Center listed above in the addresses section of this document and on our designation Web site at: http://www.epa.gov/oar/oaqps/glo/designations. State specific information is available at the EPA Regional Offices.

VIII. What Are the CAA Requirements for Air Quality Classifications? Back to Top

The CAA contains two sets of provisions—subpart 1 and subpart 2—that address planning and control requirements for nonattainment areas. (Both are found in title I, part D.) Subpart 1 (which we refer to as “basic” nonattainment contains general, less prescriptive, requirements for nonattainment areas for any pollutant—including ozone—governed by a NAAQS. Subpart 2 (which we refer to as “classified” nonattaiment) provides more specific requirements for ozone nonattainment areas. [6] Some areas will be subject only to the provisions of subpart 1. Other areas will be subject to the provisions of subpart 2. Section 172(a)(1) provides that EPA has the discretion to classify areas subject only to subpart 1. Under subpart 2, areas will be classified based on each area's design value. Control requirements are linked to each classification. Areas with more serious ozone pollution are subject to more prescribed requirements. The requirements are designed to bring areas into attainment by their specified attainment dates.

Under our 8-hour ozone implementation rule, signed on April 15, 2004, an area will be classified under subpart 2 based on its 8-hour design value [7] if it has a 1-hour design value at or above 0.121 ppm (the lowest 1-hour design value in Table 1 of subpart 2). All other areas will be covered under subpart 1. Section 172(a)(1) provides EPA with discretion whether to classify areas under subpart 1 and we are not classifying subpart 1 areas, with one exception. As noted in EPA's final rule on implementing the 8-hour ozone standard (Phase 1 implementation rule), we are creating an overwhelming transport classification that will be available to subpart 1 areas that demonstrate they are affected by overwhelming transport of ozone and its precursors and demonstrate they meet the definition of a rural transport area in section 182(h). No subpart 1 areas are being classified in today's action; however, for informational purposes, 8-hour ozone nonattainment areas covered under subpart 1 are identified as such in the classification column in 40 CFR part 81.

Any area with a 1-hour ozone design value (based on the most recent 3 years of data) that meets or exceeds the statutory level of 0.121 ppm that Congress specified in Table 1 of section 181 is classified under subpart 2 and is subject to the control obligations associated with its classification. [8] Subpart 2 areas are classified as marginal, moderate, serious, or severe based on the area's 8-hour design value calculated using the most recent 3 years of data. [9] As described in the Phase 1 implementation rule, since Table 1 is based on 1-hour design values, we promulgated in that rule a regulation translating the thresholds in Table 1 of section 181 from 1-hour values to 8-hour values. (See Table 1, below, “Classification for 8-Hour NAAQS” from 40 CFR 51.903.)

Table 1.—Classification for 8-Hour Ozone NAAQS Back to Top
Area class 8-hour design value (ppm ozone) Maximum period for Attainment dates in State plans (years after effective date of nonattainment designation for 8-hourNAAQS)
*But not including.
Marginal from 0.085 3
up to* 0.092  
Moderate from 0.092 6
up to* 0.107  
Serious from 0.107 9
up to* 0.120  
Severe-15 from 0.120 15
up to* 0.127  
Severe-17 from 0.127 17
up to* 0.187  
Extreme equal to or above 0.187 20

Five Percent Bump Down

Under section 181(a)(4), an ozone nonattainment area may be reclassified “if an area classified under paragraph (1) (Table 1) would have been classified in another category if the design value in the area were 5 percent greater or 5 percent less than the level on which such classification was based.” The section also states that “In making such adjustment, the Administrator may consider the number of exceedances of the national primary ambient air quality standard for ozone in the area, the level of pollution transport between the area and other affected areas, including both intrastate and interstate transport, and the mix of sources and air pollutants in the area.

As noted in the November 6, 1991, FR on designating and classifying areas, the section 181(a)(4) provisions grant the Administrator broad discretion in making or determining not to make, a reclassification (56 FR 56698). As part of the 1991 action, EPA developed criteria (see list below) to evaluate whether it is appropriate to reclassify a particular area. In 1991, EPA approved reclassifications when the area met the first requirement (a request by the State to EPA) and at least some of the other criteria and did not violate any of the criteria (emissions, reductions, trends, etc.). We intend to use this method and these criteria once again to evaluate reclassification requests under section 181(a)(4), with the minor changes noted below. Because section 181(b)(3) provides that an area may request a higher classification and EPA must grant it, these criteria primarily focus on how we will assess requests for a lower classification. We further discuss bump ups below.

Request by State: The EPA does not intend to exercise its authority to bump down areas on EPA's own initiative. Rather, EPA intends to rely on the State to submit a request for a bump down. A Tribe may also submit such a request and, in the case of a multi-state nonattainment area, all affected States must submit the reclassification request.

Discontinuity: A five percent reclassification must not result in an illogical or excessive discontinuity relative to surrounding areas. In particular, in light of the area-wide nature of ozone formation, a reclassification should not create a “donut hole” where an area of one classification is surrounded by areas of higher classification.

Attainment: Evidence should be available that the proposed area would be able to attain by the earlier date specified by the lower classification in the case of a bump down.

Emissions reductions: Evidence should be available that the area would be very likely to achieve the appropriate total percent emission reduction necessary in order to attain in the shorter time period for a bump down.

Trends: Near- and long-term trends in emissions and air quality should support a reclassification. Historical air quality data should indicate substantial air quality improvement for a bump down. Growth projections and emission trends should support a bump down. In addition, we will consider whether vehicle miles traveled and other indicators of emissions are increasing at higher than normal rates.

Years of data: For the 8-hour ozone standard, the 2001-2003 period is central to determining classification. This criterion has been updated to reflect the latest air quality data available to make the determinations within the statute's 90 day limitation.

Limitations on Bump Downs

An area may only be reclassified to the next lower classification. An area cannot present data from other years as justification to be reclassified to an even lower classification. In addition, section 181(a)(4) does not permit moving areas from subpart 2 into subpart 1.

The EPA applied these criteria in 1991. For example, our action to bump down one area from severe to serious considered trends in population and emissions data, similarities to a nearby serious area, disparity with a nearby moderate area, the logical gradation of attainment deadlines proceeding outward from large metropolitan areas upwind, and the likelihood that the area would be able to attain the NAAQS in the shorter time frame. In approving a bump down to marginal, we noted that air quality trends showed improvement and recent air quality data indicated a marginal status. In denying a bump down, we analyzed local air quality trends and emission sources and considered long range transport from an area with a much later attainment deadline, which together made it unlikely the candidate area could attain the standard in the shorter time frame associated with the lower classification. Requests to bump down areas were also denied due, in part, to concern that transport of emissions from these areas would make it less likely that downwind nonattainment areas could attain the standards in a timely fashion. For additional information, see section 5, “Areas requesting a 5% downshift per § 181(a)(4) and EPA's response to those requests,” of the Technical Support Document, October 1991 for the 1991 rule. [Docket A-90-42A.]

Five Percent Bump Up

An ozone nonattainment area may also be reclassified under section 181(a)(4) to the next higher classification. For the reasons described below (“Other Reasons to Consider Bump Ups”), we believe some areas with design values close to the next higher classification may not be able to attain within the period allowed by their classification. We encourage States to request reclassification upward where the State finds that an area may need more time to attain than their classification would permit. In addition, EPA will consider bumping up areas subject to the five percent provision on our own initiative where there is evidence that an area is unlikely to attain within the period allowed by their classification. In making this determination, EPA would consider criteria similar to that listed above (adjusted to consider bump ups rather than bump downs) regarding discontinuity, attainment, emissions reduction and trends. The following areas have design values based on 2001-2003 data that fall within five percent of the next higher classification:

Marginal areas within five percent of Moderate

Portland, ME; Atlanta, GA; Beaumont-Port Arthur, TX; and Norfolk, VA

Moderate areas within five percent of Serious

New York-New Jersey-Long Island, NY-NJ-CT; Los Angeles-San Bernardino Counties (W. Mojave), CA; Baltimore, MD; Cleveland-Akron-Lorain, OH; and Houston-Galveston-Brazoria, TX

Serious areas within five percent of Severe-15

San Joaquin Valley, CA

Calculation of Five Percent

For an area to be eligible for a bump down (or bump up) under section 181(a)(4), the area's design value must be within five percent of the next lower (or higher) classification. For example, an area with a moderate design value of 0.096 ppm (or less) would be eligible to request a bump down because five percent less than 0.096 ppm is 0.091 ppm, a marginal design value. [10] An area with a moderate design value of 0.102 ppm (or more) would be eligible for a bump up because five percent more than 0.102 ppm is 0.107 ppm, a serious design value. As a result, the following areas may be eligible to request a bump down: moderate areas with a design value of 0.096 ppm or less; serious areas with a design value of 0.112 ppm or less; and severe-17 areas with a design value of 0.133 ppm or less. Similarly, for bump ups, the following areas may be eligible: marginal areas with a design value of 0.088 ppm or more; moderate areas with a design value of 0.102 ppm or more; and serious areas with a design value of 0.115 ppm or more.

Timing of the Five Percent Reclassifications

The notice of availability for this rule permits States to submit five percent reclassification requests within 30 days of the effective date of the designations and classifications. The effective date is June 15 which means that reclassification requests must be submitted by July 15, 2004. This relatively short time frame is necessary because section 181(a)(4) only authorizes the Administrator to make such reclassifications within 90 days after the initial classification. Thus, the Governor or eligible Tribal governing body of any area that wishes to pursue a reclassification should submit all requests and supporting documentation to the EPA Regional office by July 15, 2004. We will make a decision by September 15, 2004.

Other Reasons To Consider Bump Ups

We encourage States to consider a voluntary bump up in cases where the State finds that an area may need more time to attain the 8-hour NAAQS than its classification would permit. In addition to the reclassification provision of section 181(a)(4), a State can request a higher classification under section 181(b)(3) of the CAA. This provision directs EPA to grant a State's request for a higher classification and to publish notice of the request and EPA's approval. In addition, we are interpreting section 181(b)(3) to allow a State with an area covered under subpart 1 to request a reclassification to a subpart 2 classification.

We note that it is difficult to determine when an area will be able to attain the NAAQS in advance of State development of attainment plans. These plans are based on high-resolution local air quality modeling, refined emissions inventories, use of later air quality data, and detailed analyses of the impacts and costs of potential local control measures. As noted earlier, we are classifying nonattainment areas subject to subpart 2 based on the most recent ozone design values at the time of designation, the 2001-2003 period. Because of year-to-year variations in meteorology, this snapshot in time may not be representative of the normal magnitude of problems that some areas may face.

The EPA's analysis in the proposed Interstate Air Quality Rule (IAQR) uses design values taken from the 2000-2002 period, rather than the 2001-2003 data used in the classification process. At the time the IAQR modeling was completed, 2000-2002 was the latest period which was available for determining designation compliance with the NAAQS. Concentrations of ozone in 2010 were estimated by applying the relative change in model predicted ozone from 2001 to 2010 with the 8-hour ozone design values (2000-2002). The IAQR base case analysis (which assumes existing control requirements only) projects ozone values in 2010 for several areas—for example, Baltimore, Houston, New York and Philadelphia—that are high enough to suggest that the areas may be unable to attain by 2010, given our current information on the potential for additional controls. Yet, as a result of their classification, these areas are required to adopt a plan to attain the 8-hour ozone standard earlier than the 2010 ozone season. Atlanta has a projected 2010 ozone value much closer to the standard, but has an attainment date prior to the 2007 ozone season. Thus, the IAQR analysis, based on the 2000-2002 period, suggests that States should evaluate whether certain areas may need more time to attain. States should consider in their local air quality modeling whether an area's projected air quality level would be higher if the projection were based on different three-year base periods. While we recognize that future local analyses for specific nonattainment areas may show different results than the regional IAQR analysis, we encourage States to consider requesting a higher classification for areas that the State believes need more time to attain, especially in cases where existing modeling analysis and information on potential controls suggests more time is needed than their classification would permit.

IX. What Action Is EPA Taking To Defer the Effective Date of Nonattainment Designations for EAC Areas? Back to Top

This section discusses EPA's final action with respect to deferring the effective date of nonattainment designations for areas of the country that do not meet the 8-hour ozone NAAQS and are participating in the EAC program. By December 31, 2002, we entered into compacts with 33 communities. To receive this deferral, these EAC areas have agreed to reduce ground-level ozone pollution earlier than the CAA would require. This final rule for compact areas addresses several key aspects of the proposed rule, including deferral of the effective date of nonattainment designation for certain compact areas; progress of compact areas toward completing their milestones; final action for compact areas; EPA's schedule for taking further action to continue to defer the effective date of nonattainment designations, if appropriate; and consequences for compact areas that do not meet a milestone. In this action, we have added regulatory text to clarify specific requirements in part 81 for compact areas and to identify actions that we will take to address any failed milestones. Finally, we have responded to the significant comments on the proposed rule.

A. When Did EPA Propose the First Deferred Effective Date of Nonattainment Designations?

On December 16, 2003 (68 FR 70108), we published a proposed rule to defer the effective date of air quality nonattainment designations for EAC areas that do not meet the 8-hour ozone NAAQS. The proposal also described the compact approach, the requirements for areas participating in the program, and the impacts of the program on these areas. Compact areas have agreed to reduce ground-level ozone pollution earlier than the CAA would require. Please refer to the proposed rule for a detailed discussion and background information on the development of the compact program, what compact areas are required to do, and the impacts of the program.

Table 2 describes the milestones and submissions that compact areas are required to complete to continue eligibility for a deferred effective date of nonattainment designation for the 8-hour ozone standard.

Table 2.—Early Action Compact Milestones Back to Top
Submittal date Compact milestone
December 31, 2002 Submit Compact for EPA signature.
June 16, 2003 Submit preliminary list and description of potential local control measures under consideration.
March 31, 2004 Submit complete local plan to State (includes specific, quantified and permanent control measures to be adopted).
December 31, 2004 State submits adopted local measures to EPA as a SIP revision that, when approved, will be federally enforceable.
2005 Ozone Season (or no later than December 31, 2005) Implement SIP control measures.
June 30, 2006 State reports on implementation of measures and assessment of air quality improvement and reductions in NO X and VOC emissions to date
December 31, 2007 Area attains 8-hour ozone NAAQS.

B. What Progress Are Compact Areas Making Toward Completing Their Milestones?

In this section we describe the status of the compact areas' progress toward meeting their compact milestones. In general, these areas have made satisfactory progress toward timely completion of their milestones. As reported in the December 16, 2003 proposal, all 33 communities met the June 16, 2003 milestone, which required areas to submit a list and description of local control measures each area considered for adoption and implementation. A compiled list, as well as highlights, of these local measures is found on EPA's Web site for compact areas at http://www.epa.gov/ttn/ naaqs/ozone/eac/index.htm#EACsummary. By December 31, 2003, compact areas reported the status of these measures by identifying the local measures still under consideration at that time, the estimated emissions reductions expected from these measures, and the schedule for implementation. A summary of the local measures as reported in December 2003 is presented on EPA's EAC Web site at http://www.epa.gov/ttn/ naaqs/ozone/eac/20031231_ eac_measures_full_list.pdf.

By March 31, 2004, compact areas submitted local plans, which included measures for adoption that are specific, quantified, and permanent, and if approved by EPA, will be federally enforceable as part of the SIP. These plans also included specific implementation dates for the local controls, as well as a technical assessment of whether the area could attain the 8-hour ozone NAAQS by the December 31, 2007 milestone, which is described in Table 2. The local plans for all compact areas are posted on the EAC Web site at: http://www.epa.gov/ttn /naaqs/ozone/eac/#List.

The EPA reviewed all of the local plans submitted by March 31, 2004 and determined that most of the plans were acceptable. With respect to control strategies, a number of areas are relying on measures to be adopted by the State, and are committed to implement these measures by 2005. In many cases, particularly in the southeast, the MAC areas demonstrated that they can attain the 8-hour ozone standard by December 2007 without implementation of local controls. In general, the technical demonstrations of attainment were acceptable; however, some of the 33 communities did not project attainment in 2007 (the attainment test) based on modeling, unless they considered additional factors to supplement their analysis (i.e., weight of evidence). In evaluating a State's weight of evidence determination for an area, we consider the results of the modeled, attainment test—for all EAC areas, a demonstration of attainment in 2007—along with additional information, such as predicted air quality improvement, meteorological influences, and additional measures not modeled. Our modeling guidance indicates that the farther an area is from the level of the standard, the more compelling the additional information needs to be in order to demonstrate that the area will attain the standard. Based on our analysis of the technical information provided, we believe that some areas did not present as strong a case as other areas to demonstrate attainment by December 2007. Three areas in Tennessee, Knoxville, Memphis and Chattanooga each developed attainment demonstrations that generally conform to our modeling guidance. However, in reviewing and analyzing the local plans for these areas, we determined that Knoxville, Memphis and Chattanooga did not pass the modeled attainment test and the predicted air quality improvement test. In addition, our review of meteorological influences for the three areas was inconclusive; and these areas did not provide additional measures not already modeled. In addition to the technical analysis, we reviewed the strength of the control strategies each EAC area proposed in their March 31, 2004 plans. We determined that the control measures submitted by these three areas could have been strengthened, and the Agency expected more local measures. Therefore, EPA determined that the States' technical assessments for each of these areas and their suite of measures were not acceptable. The only other two compact areas that did not pass the modeled attainment test, the Denver, Colorado area and the Triad (Greensboro-Winston-Salem-High Point), North Carolina area, provided more meaningful local control measures than the three Tennessee compact areas.

Based on our review and evaluation of these local plans, we have determined that Knoxville, Memphis and Chattanooga do not meet the March 31, 2004 milestone. In accordance with the Early Action Protocol and agency guidance, all EAC areas must meet all compact milestones, including this most recent one, to be eligible for the deferred effective date of designation. Consequently, today, these three areas are being designated nonattainment, effective June 15, 2004, and are subject to full planning requirements of title I, part D of the CAA. For the other EAC areas not meeting the 8-hour ozone standard, which we determined have complied with the March 2004 milestone, are being designated nonattainment with a deferred effective date of September 30, 2005. By that date, we intend to take notice and comment rulemaking and promulgate approval or disapproval of these plans as SIP revisions. The local plans that are approved at that time will be eligible for an extension of the deferred effective date. If EPA disapproves any local plans at that time, the nonattainment designation will become effective immediately. Our evaluations of all local plans submitted by March 31, 2004, are included in the TSD for this rulemaking.

Table 3 lists the EAC areas and their air quality designation for the 8-hour ozone standard by county. The table in Part 81 lists 8-hour ozone designations for all areas of the country.

Table 3.—Designation of Counties Participating in Early Action Compacts Back to Top
State Compact area (designated area) County Designation Effective date
1Henderson and Transylvania Counties opted out of the Mountain Area of Western NC compact and are no longer participating.
2The part of York County, SC that includes the portion within the Metropolitan Planning Organization (MPO) is designated nonattainment and is part of the Charlotte-Gastonia-Rock Hill, NC-SC nonattainment area, effective June 15, 2004. The remaining part of York County, SC is designated unclassifiable/attainment.
EPA Region 3        
VA Northern Shenandoah Valley Region (Frederick County, VA), adjacent to Washington, DC-MD-VA Winchester City Nonattainment-deferred 9/30/2005
Frederick County Nonattainment-deferred 9/30/2005
VA Roanoke Area (Roanoke, VA) Roanoke County Nonattainment-deferred 9/30/2005
Botetourt County Nonattainment-deferred 9/30/2005
Roanoke City Nonattainment-deferred 9/30/2005
Salem City Nonattainment-deferred 9/30/2005
MD Washington County (Washington County (Hagerstown), MD), adjacent to Washington, DC-MD-VA Washington County Nonattainment-deferred 9/30/2005
WV The Eastern Pan Handle Region (Berkeley Jefferson Counties, WV), Martinsburg area Berkeley County Nonattainment-deferred 9/30/2005
Jefferson County Nonattainment-deferred 9/30/2005
EPA Region 4        
NC Mountain Area of Western NC (includes Asheville) Buncombe County Unclassifiable/Attainment 6/15/2004
Haywood County (part) Unclassifiable/Attainment 6/15/2004
Henderson County (opt out)1 Unclassifiable/Attainment 6/15/2004
Madison County Unclassifiable/Attainment 6/15/2004
Transylvania County (opt out)1 Unclassifiable/Attainment 6/15/2004
NC Unifour (Hickory-Morganton-Lenoir, NC) Catawba County Nonattainment-deferred 9/30/2005
Alexander County Nonattainment-deferred 9/30/2005
Burke County (part) Nonattainment-deferred 9/30/2005
Caldwell County (part) Nonattainment-deferred 9/30/2005
NC Triad (Greensboro-Winston-Salem-High Point, NC) Surry County Unclassifiable/Attainment 6/15/2004
Yadkin County Unclassifiable/Attainment 6/15/2004
Randolph County Nonattainment-deferred 9/30/2005
Forsyth County Nonattainment-deferred 9/30/2005
Davie County Nonattainment-deferred 9/30/2005
Alamance County Nonattainment-deferred 9/30/2005
Caswell County Nonattainment-deferred 9/30/2005
Davidson County Nonattainment-deferred 9/30/2005
Stokes County Unclassifiable/Attainment 6/15/2004
Guilford County Nonattainment-deferred 9/30/2005
Rockingham County Nonattainment-deferred 9/30/2005
NC Fayetteville (Fayetteville, NC) Cumberland County Nonattainment-deferred 9/30/2005
SC Appalachian—A (Greenville-Spartanburg-Anderson, SC) Cherokee County Unclassifiable/Attainment 6/15/2004
Spartanburg County Nonattainment-deferred 9/30/2005
Greenville County Nonattainment-deferred 9/30/2005
Pickens County Unclassifiable/Attainment 6/15/2004
Anderson County Nonattainment-deferred 9/30/2005
Oconee County Unclassifiable/Attainment 6/15/2004
SC Catawba—B Part of York County, SC is in the Charlotte-Gastonia-Rock Hill, NC-SC nonattainment area York County (part)2 Nonattainment 6/15/2004
Chester County Unclassifiable/Attainment 6/15/2004
Lancaster County Unclassifiable/Attainment 6/15/2004
Union County Unclassifiable/Attainment 6/15/2004
SC Pee Dee—C Florence area Florence County Unclassifiable/Attainment 6/15/2004
Chesterfield County Unclassifiable/Attainment 6/15/2004
Darlington County Unclassifiable/Attainment 6/15/2004
Dillon County Unclassifiable/Attainment 6/15/2004
Marion County Unclassifiable/Attainment 6/15/2004
Marlboro County Unclassifiable/Attainment 6/15/2004
SC Waccamaw—D Myrtle Beach area Williamsburg County Unclassifiable/Attainment 6/15/2004
Georgetown County Unclassifiable/Attainment 6/15/2004
Horry County Unclassifiable/Attainment 6/15/2004
SC Santee Lynches—E Sumter area Clarendon County Unclassifiable/Attainment 6/15/2004
Lee County Unclassifiable/Attainment 6/15/2004
Sumter County Unclassifiable/Attainment 6/15/2004
Kershaw County Unclassifiable/Attainment 6/15/2004
SC Berkeley-Charleston-Dorchester—F Charleston-North Charleston area Dorchester County Unclassifiable/Attainment 6/15/2004
Berkeley County Unclassifiable/Attainment 6/15/2004
Charleston County Unclassifiable/Attainment 6/15/2004
SC Low Country—G Beaufort area Beaufort County Unclassifiable/Attainment 6/15/2004
Colleton County Unclassifiable/Attainment 6/15/2004
Hampton County Unclassifiable/Attainment 6/15/2004
Jasper County Unclassifiable/Attainment 6/15/2004
SC/GA Lower Savannah-Augusta part of Augusta-Aiken, GA-SC area Aiken County, SC Unclassifiable/Attainment 6/15/2004
Orangeburg County, SC Unclassifiable/Attainment 6/15/2004
Barnwell County, SC Unclassifiable/Attainment 6/15/2004
Calhoun County, SC Unclassifiable/Attainment 6/15/2004
Allendale County, SC Unclassifiable/Attainment 6/15/2004
Bamberg County, SC Unclassifiable/Attainment 6/15/2004
Richmond County, GA Unclassifiable/Attainment 6/15/2004
Columbia County, GA Unclassifiable/Attainment 6/15/2004
SC Central Midlands—I Columbia area Richland County (part) Nonattainment-deferred 9/30/2005
Lexington County (part) Nonattainment-deferred 9/30/2005
Newberry County Unclassifiable/Attainment 6/15/2004
Fairfield County Unclassifiable/Attainment 6/15/2004
SC Upper Savannah Abbeville-Greenwood area Abbeville County Unclassifiable/Attainment 6/15/2004
Edgefield County Unclassifiable/Attainment 6/15/2004
Laurens County Unclassifiable/Attainment 6/15/2004
Saluda County Unclassifiable/Attainment 6/15/2004
Greenwood County Unclassifiable/Attainment 6/15/2004
TN/GA Chattanooga (Chattanooga, TN-GA) County, TN Hamilton County, TN Nonattainment 6/15/2004
Meigs County, TN Nonattainment 6/15/2004
Marion County, TN Unclassifiable/Attainment 6/15/2004
Walker County, GA Unclassifiable/Attainment 6/15/2004
Catoosa County, GA Nonattainment 6/15/2004
TN Knoxville (Knoxville, TN) Knox County Nonattainment 6/15/2004
Anderson County Nonattainment 6/15/2004
Union County Unclassifiable/Attainment 6/15/2004
Loudon County Nonattainment 6/15/2004
Blount County Nonattainment 6/15/2004
Sevier County Nonattainment 6/15/2004
Jefferson County Nonattainment 6/15/2004
TN Nashville (Nashville, TN) Davidson County Nonattainment-deferred 9/30/2005
Rutherford County Nonattainment-deferred 9/30/2005
Williamson County Nonattainment-deferred 9/30/2005
Wilson County Nonattainment-deferred 9/30/2005
Sumner County Nonattainment-deferred 9/30/2005
Robertson County Attainment 6/15/2004
Cheatham County Attainment 6/15/2004
Dickson County Attainment 6/15/2004
TN/AR/MS Memphis, (Memphis, TN-AR-MS) Shelby County, TN Nonattainment 6/15/2004
Tipton County, TN Unclassifiable/Attainment 6/15/2004
Fayette County, TN Unclassifiable/Attainment 6/15/2004
DeSoto County, MS Unclassifiable/Attainment 6/15/2004
Crittenden County, AR Nonattainment 6/15/2004
TN Haywood County adjacent to Memphis Jackson areas Haywood County Unclassifiable/Attainment 6/15/2004
TN Putnam County central TN, between Nashville and Knoxville Putnam County Unclassifiable/Attainment 6/15/2004
TN Johnson City-Kingsport-Bristol Area (TN portion only) Sullivan Co, TN Nonattainment-deferred 9/30/2005
Hawkins County, TN Nonattainment-deferred 9/30/2005
Washington Co, TN Unclassifiable/Attainment 6/15/2004
Unicoi County, TN Unclassifiable/Attainment 6/15/2004
Carter County, TN Unclassifiable/Attainment 6/15/2004
Johnson County, TN Unclassifiable/Attainment 6/15/2004
EPA Region 6        
TX Austin/San Marcos Travis County Unclassifiable/Attainment 6/15/2004
Williamson County Unclassifiable/Attainment 6/15/2004
Hays County Unclassifiable/Attainment 6/15/2004
Bastrop County Unclassifiable/Attainment 6/15/2004
Caldwell County Unclassifiable/Attainment 6/15/2004
TX Northeast Texas Longview-Marshall-Tyler area Gregg County Unclassifiable/Attainment 6/15/2004
Harrison County Unclassifiable/Attainment 6/15/2004
Rusk County Unclassifiable/Attainment 6/15/2004
Smith County Unclassifiable/Attainment 6/15/2004
Upshur County Unclassifiable/Attainment 6/15/2004
TX San Antonio Bexar County Nonattainment-deferred 9/30/2005
Wilson County Unclassifiable/Attainment 6/15/2004
Comal County Nonattainment-deferred 9/30/2005
Guadalupe County Nonattainment-deferred 9/30/2005
OK Oklahoma City Canadian County Unclassifiable/Attainment 6/15/2004
Cleveland County Unclassifiable/Attainment 6/15/2004
Logan County Unclassifiable/Attainment 6/15/2004
McClain County Unclassifiable/Attainment 6/15/2004
Oklahoma County Unclassifiable/Attainment 6/15/2004
Pottawatomie Co Unclassifiable/Attainment 6/15/2004
OK Tulsa Tulsa County Unclassifiable/Attainment 6/15/2004
Creek County Unclassifiable/Attainment 6/15/2004
Osage County Unclassifiable/Attainment 6/15/2004
Rogers County Unclassifiable/Attainment 6/15/2004
Wagoner County Unclassifiable/Attainment 6/15/2004
LA Shreveport-Bossier City Bossier Parish Unclassifiable/Attainment 6/15/2004
Caddo Parish Unclassifiable/Attainment 6/15/2004
Webster Parish Unclassifiable/Attainment 6/15/2004
NM San Juan County Farmington area San Juan County Unclassifiable/Attainment 6/15/2004
EPA Region 8        
CO (Denver-Boulder-Greeley-Ft. Collins-Love, CO) Denver County Nonattainment-deferred 9/30/2005
Boulder County (includes part of Rocky Mtn National Park) Nonattainment-deferred 9/30/2005
Jefferson County Nonattainment-deferred 9/30/2005
Douglas County Nonattainment-referred 9/30/2005
Broomfield Nonattainment-deferred 9/30/2005
Adams County Nonattainment-deferred 9/30/2005
Arapahoe County Nonattainment-deferred 9/30/2005
Larimer County (part) Nonattainment-deferred 9/30/2005
Weld County (part) Nonattainment-deferred 9/30/2005

Note:

Ozone designations for EAC counties are either “Unclassifiable/Attainment” (effective June 15, 2004); “Nonattainment” (effective June 15, 2004, if EAC area fails to meet the March 31, 2004 milestone); or “Nonattainment” (effective date deferred until September 30, 2005). Name of designated 8-hour ozone nonattainment area is in parentheses.

C. What Is Today's Final Action for Compact Areas?

Today, we are issuing the first of three deferrals of the effective date of the nonattainment designation for any compact area that does not meet the 8-hour ozone NAAQS and would otherwise be designated nonattainment, but has met all compact milestones through the March 31, 2004 submission. [11] We are deferring until September 30, 2005, the effective date of the 8-hour ozone nonattainment designation for these compact area counties which are listed in 40 CFR part 81 (included at the end of this document).

As described earlier in this notice, we analyzed information provided by the States to determine whether a county should be included as part of a designated nonattainment area. This information included such factors as population density, traffic congestion, meteorological conditions, and pollution transport. We analyzed the factors for each county participating in an EAC to determine whether a county should be included in the nonattainment area. Therefore, some portions of compact areas are designated unclassifiable/attainment and some are designated nonattainment.

The EAC areas that EPA is designating in today's rule as attainment for the 8-hour ozone NAAQS have agreed to continue participating in their compacts and meet their obligations on a voluntary basis. However, two of the five counties in the compact for the Mountain Area of Western North Carolina have decided to withdraw because the area is monitoring attainment. The remaining three counties are continuing to participate in the agreement.

D. What Is EPA's Schedule for Taking Further Action To Continue To Defer the Effective Date of Nonattainment Designation for Compact Areas?

As discussed in the proposed rule, prior to the time the first deferral expires, we intend to take further action to propose and, as appropriate, promulgate a second deferred effective date of the nonattainment designation for those areas that continue to fulfill all compact obligations. Prior to the time the second deferral expires, we would propose and, as appropriate, promulgate a third deferral for those areas that continue to meet all compact milestones. Before the third deferral expires shortly after December 31, 2007, we intend to determine whether the compact areas have attained the 8-hour ozone NAAQS and have met all compact milestones. By April 2008, we will issue our determination. If the area has not attained the standard, the nonattainment designation will take effect. If it has attained the standard, EPA will issue an attainment designation for the area. Any compact area that has not attained the NAAQS and has an effective nonattainment designation will be subject to full planning requirements of title I, part D of the CAA, and the area will be required to submit a revised attainment demonstration SIP within 1 year of the effective date of the designation.

E. What Action Will EPA Take if a Compact Area Does Not Meet a Milestone?

As described in the December 16, 2003 proposed rule (68 FR 70111), the compact program was based on a number of principles as described in the EAC protocol. [12] One of these principles is to provide safeguards to return areas to traditional SIP requirements for nonattainment areas should an area fail to comply with the terms of the compact. For example, if a compact area with a deferred effective date fails to meet one of the milestones, we would take steps immediately to remove the deferred effective date of its nonattainment designation.

Today, we are promulgating regulatory text, which specifies the milestones that EAC areas are required to complete to be eligible for the deferred effective date, as well as certain actions that the Administrator will take when EAC areas either comply, or do not comply, with the terms of the compact.

F. What Comments Did EPA Receive on the December 16, 2003 Proposal and on the June 2, 2003 Proposed Implementation Rule Specific to Compacts?

We received a number of comments on the proposed rule for compact areas. We have responded to the significant comments in this section. Our responses address various aspects of the compact program: (1) Legal concerns; (2) the designations process for EAC areas, including the anticipated schedule for removal of the deferred effective date of the nonattainment designation for any compact area that fails to meet a milestone; (3) concerns about the compact process; (4) transportation/fuels-related comments; and (5) need for regulatory language. Other compact-related comments not addressed in this document are included in the RTC document, which is located in the docket for this rulemaking (OAR-2003-0090) and on EPA's technical Web site for early action compacts at: http://www.epa.gov/ttn/naaqs/ozone/eac/#RMNotices.

In addition, we received a number of EAC-related comments on the June 2, 2003 proposal for implementing the 8-hour ozone standard. We have addressed these comments in the same EAC RTC document, which may be found at the location noted above.

1. Support for and Opposition to Early Action Compacts

Comment: Many 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, a number of commenters opposed the EAC program. Several of these commenters expressed concern about the legality of the program and primarily about the deferral of the effective date of the nonattainment designation for these areas. Although all of these commenters were supportive of the goal of addressing proactively the public health concerns associated with ozone pollution, the commenters state that the EAC program is not authorized by the CAA. All of these commenters indicated that EPA lacks authority under the CAA to defer the effective date of a nonattainment designation. In addition, these commenters state that EPA lacks authority to enter into EACs 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: We continue to believe that the compact program, as designed, gives local areas the flexibility to develop their own approach to meeting the 8-hour ozone standard, provided the participating communities are serious in their commitment to control 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 communities are discussing for the first time the need for regional cooperation in solving air quality problems that affect the health and welfare of its citizens. People living in these areas that realize reductions in pollution levels sooner will enjoy the health benefits of cleaner air sooner than might otherwise occur. In today's rule we are codifying the specific requirements in part 81 of the CFR to clarify what is required of compact areas to be eligible for deferral of the effective date of their nonattainment designation and what actions EPA intends to take in response to areas that meet the milestones and areas that do not meet the milestones.

As discussed earlier in this notice, EPA and nine environmental organizations entered into a Consent Decree on March 13, 2003, which requires EPA to issue the designations by April 15, 2004. Related to that agreement, we have been discussing with these parties the actions that compact areas have committed to take to implement measures on an accelerated schedule to attain the 8-hour ozone standard by December 31, 2007. On April 5, 2004, these environmental organizations and EPA entered into a joint stipulation to modify the deadline in the consent decree. The parties agreed to extend the deadline for the effective date of designations with respect to each area which EPA determines meets the requirements of the Protocol and EPA guidance.

Comment: One commenter expressed concern about the health impact and the effect on air quality of delaying the effectiveness of nonattainment.

Response: The compact areas that are violating the standard are designated nonattainment (with deferred effective date), which means EPA is acknowledging the air quality problem of the area and the health impact on the community. However, these areas are committed to early reductions and early implementation of control measures that make sense for the local area. The Agency believes this proactive approach involving multiple, diverse stakeholders is beneficial to the citizens of the area by raising awareness of the need to adopt and implement measures that will reduce emissions and improve air quality.

2. Designations Process for Compact Areas

Comment: Several commenters expressed concern about EPA's process for designating areas that are participating in a compact. In addition, a number of commenters also were confused about the following statement in the June 2, 2003 proposed 8-hour implementation rule: “States are advised that if EPA determines that any portion of a compact area should become part of an 8-hour ozone nonattainment area, that portion would no longer be eligible for participation in the Early Action Compact, and the effective date of the nonattainment designation would not be deferred” (68 FR 32860, June 2, 2003). Some of these commenters noted that the language, as written, could be interpreted to mean if any EAC area becomes designated as nonattainment for the 8-hour ozone standard, the EAC is no longer valid. A number of commenters submitted recommendations to EPA for either including or excluding certain participating EAC counties from the designated area.

Response: In determining the boundary for the designated area, we applied the same procedure as we did for areas that are not participating in an EAC, as described elsewhere in this document. The commenters are referring to language in section VIII.A.3 of the June 2, 2003 proposed rule for implementing the 8-hour ozone standard at 68 FR 32860. At the time we entered into compact agreements with the local communities by December 2002, and at the time we proposed the 8-hour implementation rule, we had not made a decision as to which participating counties would be included in a nonattainment area. Therefore, at that time we were not able to determine the appropriate boundary for the area that would be eligible for a deferral of the effective date of nonattainment designation. We agree with the commenters that the preamble language in the proposed 8-hour implementation rule is not clear. The language was intended to be applied to a portion of a compact area that is adjacent to or part of an area that is violating the 1-hour ozone standard (or otherwise did not qualify for participation in a compact), and subsequently is designated nonattainment for the 8-hour ozone standard.

An example is the Catawba EAC, which includes York County, SC, as well as Chester, Lancaster and Union Counties, SC. York County, which has one monitor that is attaining the 8-hour standard, is in the Charlotte-Gastonia-Rock Hill MSA. We have examined all applicable air quality-related factors in our guidance and concluded that part of the county is contributing to a violation in the MSA. Based on our analysis, therefore, we are designating this county as a partial county nonattainment area, in the 8-hour ozone nonattainment area for Charlotte-Gastonia-Rock Hill. As we noted earlier, nonattainment is defined in the CAA as an area that is violating the NAAQS or is contributing to a nearby area that is violating the NAAQS. York County ranks high in population growth (25 percent) and the predicted growth from 2000 to 2010 is 12 percent, approximately 20,000 additional population. York County ranks second and third for VOC and NO X emissions in the CMSA, and 94 percent of its population of workers drives to work within the CMSA. York County may continue in the Catawba compact along with the other three counties as a voluntary participant; however, the nonattainment portion of York County is not eligible for a deferred effective date. Moreover, because the other counties in the Charlotte-Gastonia-Rock Hill nonattainment area are not participating in the EAC process, the Charlotte area, which includes York County, is not eligible for a deferred effective date. In no way does EPA intend for the Catawba compact to be revoked. For EPA's responses to comments regarding designation and boundary issues for specific EAC areas, see the RTC document and the TSD for this rulemaking.

Comment: A number of commenters recommended that EPA clarify exactly when a compact area would be designated nonattainment if it fails to meet a milestone.

Response: Today, we have determined that a number of compact areas have met the March 31, 2004 milestone (plan of local measures); therefore, the effective date of nonattainment designation for these areas is deferred until September 30, 2005. In Table 3 we have listed the air quality designations and the effective dates for all counties participating in EACs. In addition, today, we have determined that some compact areas have not met the March 31, 2004 milestone. A discussion of our assessment of these local plans is provided elsewhere in this document. We are designating these areas as nonattainment, which is effective June 15, 2004.

In another section of this document, we are promulgating regulatory text that clarifies the actions we would take in the event a compact area does not meet subsequent milestones. We have summarized those actions below.

If an EAC area fails to meet a milestone, in accordance with our guidance, we intend to take action as soon as practicable to remove the deferral, which would trigger the effective date of the nonattainment designation. If a State fails to submit a SIP revision for a compact area, consisting of the adopted local plan and the demonstration of attainment by December 31, 2004, we intend to take action as soon as practicable (e.g., January 2005) to remove the deferral for that area, which would trigger the effective date of the nonattainment designation and, thus, also the classification, rather than letting the designation take effect automatically on September 30, 2005. The State would be required to submit a revised attainment demonstration within 1 year of the effective date of the nonattainment designation.

Assuming EPA takes rulemaking action to continue to defer the effective date of the nonattainment designation for compact areas, if a compact area fails the December 31, 2005 milestone (complete implementation of local measures), we would take action as soon as practicable (e.g., by March 31, 2006) to remove the deferral which would trigger the effective date of their nonattainment designation and, thus, also their classification, rather than letting the designation take effect automatically at the next deferred date. The State would be required to submit a revised attainment demonstration within 1 year of the effective date of the nonattainment designation.

Similarly, for any area that does not meet the June 30, 2006 milestone (assessment of air quality improvement and emissions reductions from implementation of measures), we would take action as soon as practicable (e.g., by September 30, 2006) to remove the deferral which would trigger the effective date of their nonattainment designation and, thus, also their classification. If the area, based on the most recent 3 years of quality-assured monitoring data, is not attaining the 8-hour ozone standard by December 31, 2007, we would take action by April 15, 2008, to remove the deferral which would trigger the effective date of their nonattainment designation and, where applicable, classification.

Comment: Some commenters strongly recommended that if the compact measures fail to be implemented or fail to achieve targeted emissions reductions, the compact area should immediately be designated as nonattainment with a subpart 2 classification and be required to comply with all applicable obligations within the original timeframe.

Response: In another section of this document, we are promulgating regulatory text that clarifies the actions we intend to take in the event a compact area does not meet subsequent milestones. Compact areas are designated as nonattainment and the effective date of that designation is deferred. The deferral for any areas that do not meet or fail any milestone will be removed as soon as practicable which would trigger the effective date of their nonattainment designation and, thus, also the classification consistent with the final 8-hour implementation rule. If called for by the area's classification, these areas will be required to submit a revised attainment demonstration within 1 year of the effective date of designation and will be subject to all applicable requirements of title I, part D of the CAA, to be implemented within a time frame consistent with the area's classification.

Comment: One commenter believes the second rolling deferred effective date is not necessary and should be eliminated. According to the commenter, there should be only two separate deferral dates promulgated for nonattainment designations for areas where controls would be implemented by September 30, 2005, and no other milestones (the June 2006 progress assessment) would be needed between implementation of controls and attainment.

Response: The June 2006 milestone, which is one of the compact requirements that would be subject to the second deferred effective date (December 31, 2006), provides that States report progress of EAC areas in implementing adopted measures and assess improvements in air quality and reductions in NO X and VOC emissions. The second deferral is a checkpoint that is needed to ensure that areas are making progress toward attainment. This milestone can be one of the progress reports, but it is considered a milestone because EPA believes it is important to have a checkpoint between implementation of measures by December 2005 and attainment in December 2007.

Comment: A number of commenters were concerned about EPA's statement in the proposal that the Agency would commit to not redesignate areas that subsequently violate the 8-hour ozone NAAQS to nonattainment, provided the area continues to meet all compact milestones and requirements.

Response: In the proposed rule at FR 68 70113, EPA did state its intention to commit to not redesignate EAC areas to nonattainment that are designated attainment in April 2004. We realize that our shorthand phrasing did not properly convey our intent. To clarify, in deciding whether to redesignate an EAC area to nonattainment, EPA will consider the factors in section 107(d)(3)(a) of the CAA. If an EAC area continues to meet its compact milestones, EPA believes those factors should weigh in favor of not redesignating the area to nonattainment immediately, but rather waiting to see if the programs the area puts in place will bring it back into attainment.

3. Transportation/Fuels-Related Comments

Comment: The EPA received a number of comments expressing concern that lack of transportation conformity in EAC areas will negatively impact air quality in these areas. In addition, several commented that since EAC areas are not eligible to receive Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, projects to reduce congestion and, thereby, reduce mobile source emissions, would not occur. Another commenter suggested that EPA work with the U.S. Department of Transportation (DOT) to revise the TEA-21 so that EAC areas are eligible to receive CMAQ funding.

Response: The commenters are correct that EAC areas violating the 8-hour ozone standard, which would otherwise have a nonattainment date effective June 1, 2004, will not be subject to transportation or general conformity requirements for the 8-hour standard in 2005. The EAC protocol does not require EAC areas to meet CAA transportation conformity requirements, since, as noted, these requirements apply one year after the 8-hour nonattainment designation becomes effective.

However, continuing to defer 8-hour conformity requirements is contingent upon the area's ability to demonstrate adherence to the compact. Consistent with 40 CFR 93.102(d) and CAA section 176(c)(6), conformity for the 8-hour ozone standard will not apply, provided the area meets all of the terms and milestones of its compact between 2004 and 2007. At any point, if a milestone is missed, the nonattainment designation becomes effective and conformity for the 8-hour standard will be required one year after the effective date of EPA's nonattainment designation.

The EAC areas that are maintenance areas for the 1-hour standard will be subject to conformity until 1 year after the effective date of designation of the 8-hour standard. At that time the 1-hour standard will be revoked. Thus, for an EAC area that meets all of its milestones and whose deferral is lifted in April 2008, the 8-hour attainment designation would become effective in April 2008, and the 1-hour standard would be revoked 1 year later or, April 2009. For an EAC area that is also a 1-hour maintenance area under § 175A, the area would be subject to both its 1-hour maintenance plan and 1-hour transportation conformity until April 2009.

Finally, EPA would like to clarify that transportation conformity is not a control measure similar to voluntary control programs funded through CMAQ dollars. Rather, it establishes a process for state and local governments to consider the broader emissions impacts of planned highway and transit activities to ensure that Federal funding and approval goes to those transportation activities that are consistent with air quality goals.

Comment: One commenter stated that they were reluctant to enter into a compact agreement knowing that they would not receive CMAQ funds. Several commenters also suggested that EPA provide EAC areas with tangible financial incentives to proactively improve their air quality, as well as work with the DOT to revise the Transportation Efficiency Act (TEA) so that it allows EAC areas to receive CMAQ funding.

Response: The commenters are correct that EAC areas are not eligible to receive CMAQ funding under current law. The CMAQ apportionment formula in TEA-21 contains no provisions to allow inclusion of EAC areas into the formula and thus into the authorized CMAQ levels for each state. Thus, until and unless the 8-hour ozone nonattainment designation is effective, areas cannot be eligible for CMAQ funding, absent a change in the law.

The primary incentive for many areas entering into an EAC is deferral of a nonattainment designation and major requirements, such as transportation conformity and NSR. It is true that compact areas are subject to SIP requirements, but not to other such major requirements. The EPA's interpretation is that Congress intended to link the obligations that come with a nonattainment designation to CMAQ funding. The purpose of the CMAQ program is to help those areas burdened with the significant obligations of the CAA attain the NAAQS as expeditiously as possible. Under the current CMAQ program, an EAC area would not be able to receive CMAQ funds because it would not be designated as a nonattainment or maintenance area.

Since TEA-21 has not been reauthorized as of this writing, EPA cannot postulate on whether it will contain a new provision allowing compact areas to receive CMAQ funding. The reauthorization bills passed by the Senate and House contain no such provision.

Comment: A number of EAC areas are considering the addition of cetane additives to fuel for increased fuel efficiency. Several commenters expressed concern about the focus on diesel cetane. They have expressed these concerns in detail in earlier correspondence with both the Agency and the Ozone Transport Commission.

Response: Clean fuel programs have been an integral part of the nation's strategy to reduce smog-forming emissions and other harmful pollutants, including air toxics from our nation's air. For example, the Federal reformulated gasoline program (RFG) and lower volatility fuels have been cost effective and have provided significant and immediate reductions in air pollution levels throughout the nation.

The CAA also allows States, under specified circumstances, to design and implement their own clean fuel programs. Several EAC areas are considering such programs including cetane improvement programs. Cetane improvement programs have the potential to contribute emission reductions needed for progress toward attainment and maintenance of the NAAQS. (See EPA Technical Report entitled, “The Effect of Cetane Number Increase Due to Additives on NO X Emissions from Heavy-Duty Highway Engines”, EPA-420-R-03-002, February 2003. This document can be downloaded from: http://www.epa.gov/otaq/models/analysis.htm. The EPA is now in the process of developing guidance to help States properly quantify the benefits of cetane improvement programs for their areas.

In selecting possible clean fuel programs and other potential ozone control measures, states will engage in a careful and extensive process. It is during this process that States should properly consider and evaluate their air quality needs, the air quality benefits of specific measures, costs, ease of implementation, enforceability and other issues and factors like those the commenter raises with respect to cetane programs. In addition, the States must involve the public in the selection of control measures, through hearings and opportunities to comment.

4. Regulatory Text

Comment: Several commenters strongly recommended that EPA include regulatory text in the final rule. One commenter, in particular, suggested that EPA do the following:

1. Codify the rolling deferred effective date so that it is enforceable and that areas are held accountable if they miss a milestone;

2. include in the final rule all deadlines and milestones specified in our EAC guidance;

3. codify the September 30, 2005 deadline for EPA action to approve/disapprove SIP submittals;

4. codify the December 31, 2008 deadline for States to submit a revised attainment demonstration SIP for EAC areas that fail to attain by December 31, 2007.

Response: Based on the recommendations of several commenters, we have added regulatory text to the final rule. This language codifies the EAC program into part 81 of the CFR. In addition, the regulatory text clarifies what is required of compact areas and the consequences to these areas if they do not meet a milestone.

X. How Do Designations Affect Indian Country? Back to Top

All counties, partial counties or Air Quality Control Regions listed in the table at the end of this document are designated as indicated, and include Indian country geographically located within such areas, except as otherwise indicated.

As mentioned earlier in this document, EPA's guidance for determining nonattainment area boundaries presumes that the larger of the 1-hour nonattainment area, CMSA or MSA with a violating monitor forms the bounds of the nonattainment area but that the size of the area can be larger or smaller depending on contribution to the violation from nearby areas and other air quality-related technical factors. In general, and consistent with relevant air quality information, EPA intends to include Indian country encompassed within these areas as within the boundaries of the area for designation purposes to best protect public health and welfare. The EPA anticipates that in most cases relevant air quality information will indicate that areas of Indian country located within CMSAs or MSAs should have the same designation as the surrounding area. However, based on the factors outlined in our guidance, there may be instances where a different designation is appropriate.

A state recommendation for a designation of an area that surrounds Indian country does not dictate the designation for Indian county. However, the conditions that support a State's designation recommendation, such as air quality data and the location of sources, may indicate the likelihood that similar conditions exist for the Indian county located in that area. States generally have neither the responsibility nor the authority for planning and regulatory activities under the CAA in Indian country.

XI. Statutory and Executive Order Reviews Back to Top

Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate areas as attaining or not attaining that NAAQS. The CAA then specifies requirements for areas based on whether such areas are attaining or not attaining the NAAQS. In this final rule, we assign designations to areas as required. We also indicate the classifications that apply as a matter of law for areas designated nonattainment. This rule also provides flexibility for areas that have entered into a compact and take early action to achieve emissions reductions necessary to attain the 8-hour ozone standard. This action defers the effective date of the nonattainment designation for these areas and establishes regulations governing future actions with respect to these areas.

A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the Agency must determine whether the regulatory action is “significant” and, therefore, subject to OMB review and the requirements of the Executive Order. The Order defines “significant regulatory action” as one that is likely to result in a rule that may:

(1) 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;

(2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

Pursuant to the terms of Executive Order 12866, it has been determined that this rule is not a “significant regulatory action” because none of the above factors applies. As such, this final rule was not formally submitted to OMB for review.

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. This rule responds to the requirement to promulgate air quality designations after promulgation of a NAAQS. This requirement is prescribed in the CAA section 107 of Title 1. The present final rule does not establish any new information collection burden apart from that required by law. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

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 today's final rule on small entities, small entity is defined as: (1) A small business that is a small industrial entity as defined in the U.S. Small Business Administration (SBA) size standards. (See 13 CFR 121.); (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.

The portion of this rule designating areas for the 8-hour ozone NAAQS indicating the classification for each subpart 2 area designated nonattainment, is not subject to the RFA because it was not subject to notice and comment rulemaking requirements. See CAA section 107(d)(2)(B). This rule also defers the effective date of the nonattainment designation for areas that implement control measures and achieve emissions reductions earlier than otherwise required by the CAA in order to attain the 8-hour ozone NAAQS. The deferral of the effective date will not impose any requirements on small entities. States and local areas that have entered into compacts with EPA have the flexibility to decide which sources to regulate in their communities.

After considering the economic impacts of today's final rule on small entities, I certify that this rule will not have a significant economic impact on a substantial number of 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 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 one 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.

Today's final action does not include a Federal mandate within the meaning of UMRA that may result in expenditures of $100 million or more in any one year by either State, local, or Tribal governments in the aggregate or to the private sector, and therefore, is not subject to the requirements of sections 202 and 205 of the UMRA. It does not create any additional requirements beyond those of the 8-hour National Ambient Air Quality Standards (NAAQS) for Ozone (62 FR 38894; July 18, 1997), therefore, no UMRA analysis is needed. This rule establishes the application of the 8-hour ozone standard and the designation for each area of the country for the 8-hour NAAQS for Ozone. The CAA requires States to develop plans, including control measures, based on their designations and classifications. In this rule, EPA is also deferring the effective date of nonattainment designations for certain areas that have entered into compacts with us and is promulgating regulations governing future actions with respect to these areas.

One mandate that may apply as a consequence of this action to all designated nonattainment areas is the requirement under CAA section 176(c) and associated regulations to demonstrate conformity of Federal actions to SIPs. These rules apply to Federal agencies and Metropolitan Planning Organizations (MPOs) making conformity determinations. The EPA concludes that such conformity determinations will not cost $100 million or more in the aggregate.

The EPA believes that any new controls imposed as a result of this action will not cost in the aggregate $100 million or more annually. Thus, this Federal action will not impose mandates that will require expenditures of $100 million or more in the aggregate in any one year.

Nonetheless, EPA carried out consultations with governmental entities affected by this rule, including States, Tribal governments, and local air pollution control agencies.

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 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.”

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 rule will 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 rule.

Although Executive Order 13132 does not apply to this rule, EPA discussed the designation process and compact program with representatives of State and local air pollution control agencies, and Tribal governments, as well as the Clean Air Act Advisory Committee, which is also composed of State and local representatives. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicited comment on the proposed rule for deferring the effective date of nonattainment designations from State and local officials. The portion of this rule that assigns designations is not subject to notice and comment under section 107(d)(2)(B) of the CAA and, therefore, no proposed rulemaking was prepared which specifically solicited comment on the designations. However, section 107(d)(1)(A) establishes a process whereby States first recommends the designations for areas in their States. In addition, the Agency has consulted extensively with representatives of State, Tribal and local governments, including elected officials regarding the designations. The EPA also notified national organizations of State and local officials and made EPA staff available to discuss the action with the organization staff and their members.

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. This rule concerns the classification and designation of areas as attainment or nonattainment of areas for the 8-hour ozone standard and deferral of the effective date of the nonattainment designation for areas participating in the early action compact process and that have met all milestones. The CAA provides for States to develop plans to regulate emissions of air pollutants within their jurisdictions. The TAR gives Tribes the opportunity to develop and implement CAA programs such as programs to attain and maintain the 8-hour ozone NAAQS, but it leaves to the discretion of the Tribe whether to develop these programs and which programs, or appropriate elements of a program, they will adopt. Early Action Compact areas that would be affected by this final rule would be required to develop and submit local plans for adoption and implementation of the 8-hour ozone standard earlier than the CAA requires. These plans would be submitted to EPA as SIP revisions in December 2004. No early action compact areas include Tribal land.

This final rule does not have Tribal implications as defined by 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. Furthermore, this rule does not affect the relationship or distribution of power and responsibilities between the Federal government and Indian Tribes. The CAA and the TAR establish the relationship of the Federal government and Tribes in developing plans to attain the NAAQS, and this rule does nothing to modify that relationship. Because this rule does not have Tribal implications, Executive Order 13175 does not apply.

Although Executive Order 13175 does not apply to this rule, EPA did outreach to Tribal representatives regarding the designations and to inform them about the compact program and its impact on designations. The EPA supports a national “Tribal Designations and Implementation Work Group” which provides an open forum for all Tribes to voice concerns to EPA about the designation and implementation process for the NAAQS, including the 8-hour ozone standard. These discussions informed EPA about key Tribal concerns regarding designations as the rule was under development.

G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

Executive Order 13045: “Protection of Children From Environmental Health 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 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.

The final rule is not subject to Executive Order 13045 because it is not economically significant as defined in E.O. 12866, and because the Agency does not have reason to believe the environmental health risks or safety risks addressed by this rule present a disproportionate risk to children. Nonetheless, we have evaluated the environmental health or safety effects of the 8-hour ozone NAAQS on children. The results of this risk assessment are contained the National Ambient Air Quality Standards for Ozone, Final Rule (62 FR 38855-38896; specifically, 62 FR 38854, 62 FR 38860 and 62 FR 38865).

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

This rule is not subject to Executive Order 13211, “Actions 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.

Information on the methodology and data regarding the assessment of potential energy impacts is found in Chapter 6 of U.S. EPA 2002, Cost, Emission Reduction, Energy, and Economic Impact Assessment of the Proposed Rule Establishing the Implementation Framework for the 8-Hour, 0.08 ppm Ozone National Ambient Air Quality Standard, prepared by the Innovative Strategies and Economics Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC April 24, 2003.

I. National Technology Transfer Advancement Act

Section 12(d) of the National Technology Transfer Advancement Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) 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 VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS.

This action does not involve technical standards. Therefore, EPA did not consider the use of any VCS.

J. 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. 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 June 15, 2004.

K. Judicial Review

Section 307(b)(1) of the CAA indicates which Federal Courts of Appeal have venue for petitions of review of final actions by EPA. This Section provides, in part, that petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit (i) when the agency action consists of “nationally applicable regulations promulgated, or final actions taken, by the Administrator,” or (ii) when such action is locally or regionally applicable, if “such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.”

This rule designating areas for the 8-hour ozone standard is “nationally applicable” within the meaning of section 307(b)(1). This rule establishes designations for all areas of the United States for the 8-hour ozone NAAQS. At the core of this rulemaking is EPA's interpretation of the definition of nonattainment under section 107(d)(1) of the Clean Air Act. In determining which areas should be designated nonattainment (or conversely, should be designated unclassifiable/attainment), EPA used a set of 11 factors that it applied consistently across the United States.

For the same reasons, the Administrator also is determining that the final designations are of nationwide scope and effect for purposes of section 307(b)(1). This is particularly appropriate because in the report on the 1977 Amendments that revised section 307(b)(1) of the CAA, Congress noted that the Administrator's determination that an action is of “nationwide scope or effect” would be appropriate for any action that has “scope or effect beyond a single judicial circuit.” H.R. Rep. No. 95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect of this rulemaking extend to numerous judicial circuits since the designations apply to all areas of the country. In these circumstances, section 307(b)(1) and its legislative history calls for the Administrator to find the rule to be of “nationwide scope or effect” and for venue to be in the D.C. Circuit.

Thus, any petitions for review of final designations must be filed in the Court of Appeals for the District of Columbia Circuit within 60 days from the date final action is published in the Federal Register.

List of Subjects in 40 CFR Part 81 Back to Top

Dated: April 15, 2004.

Michael O. Leavitt,

Administrator.

begin regulatory text

For the reasons set forth in the preamble, 40 CFR part 81, subpart C is amended as follows:

PART 81—DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES Back to Top

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

end regulatory text

Authority: Back to Top

42 U.S.C. 7401 et seq.

begin regulatory text

Subpart C—Section 107 Attainment Status Designations Back to Top

2.Section 81.300 is amended by adding paragraph (e) to read as follows:

§ 81.300 Scope.

* * * * *

(e) Provisions for Early Action Compact Areas with Deferred Effective Date of Nonattainment Designation.

(1) Definitions. The following definitions apply for purposes of this subpart. Any term not defined herein shall have the meaning as defined in 40 CFR 51.100 and § 81.1

(i) Early Action Compact. The term “early action compact” (“compact”) means an agreement entered into on or before December 31, 2002, by—

(A) The Administrator;

(B) A State;

(C) An official of a county, parish, or town that—

(1) Is designated attainment for the 1-hour national ambient air quality standard for ozone;

(2) Has monitored data representing the most recent 3 years of quality-assured data that meets the 1-hour national ambient air quality standard for ozone; and

(3) May or may not be meeting the 8-hour national ambient air quality standard for ozone.

(ii) State. The term “State” has the meaning given the term in section 302 of the Clean Air Act (42 U.S.C. 7602).

(iii) Area. The term “area” means one or more counties, parishes, or towns that are participating in an early action compact.

(iv) State Implementation Plan. The term “State implementation plan” (“SIP”) means a plan required to be submitted to the Administrator by a State under section 110 of the Clean Air Act (42 U.S.C. 7410).

(v) 8-hour National Ambient Air Quality Standard means the air quality standards under the Clean Air Act (42 U.S.C. 7401 et seq.) codified at 40 CFR 50.10.

(2) What Are Early Action Compact Areas Required To Do?

(i) Not later than June 16, 2003, the local area shall—

(A) Submit to the Administrator a list identifying and describing the local control measures that are being considered for adoption during the local planning process; and

(B) Provide to the public clear information on the measures under consideration;

(ii) Not later than March 31, 2004, the local plan shall be completed and submitted to the State (with a copy of the local plan provided to the Administrator), which shall include—

(A) One or more locally adopted measures that are specific, quantified, and permanent and that, if approved by the Administrator, will be enforceable as part of the State implementation plan;

(B) Specific implementation dates for the adopted control measures;

(C) Sufficient documentation to ensure that the Administrator will be able to make a preliminary technical assessment based on control measures demonstrating attainment of the 8-hour ozone national ambient air quality standard under the Clean Air Act not later than December 31, 2007;

(iii) Not later than December 31, 2004, the State shall submit to the Administrator a revision to the SIP consisting of the local plan, including all adopted control measures, and a demonstration that the applicable area will attain the 8-hour ozone national ambient air quality standard not later than December 31, 2007;

(iv) The area subject to the early action compact shall implement expeditiously, but not later than December 31, 2005, the local control measures that are incorporated in the SIP;

(v) Not later than June 30, 2006, the State shall submit to the Administrator a report describing the progress of the local area since December 31, 2005, that includes—

(A) A description of whether the area continues to implement its control measures, the emissions reductions being achieved by the control measures, and the improvements in air quality that are being made; and

(B) Sufficient information to ensure that the Administrator will be able to make a comprehensive assessment of air quality progress in the area; and

(vi) Not later than December 31, 2007, the area subject to a compact shall attain the 8-hour ozone national ambient air quality standard.

(3) What Action Shall the Administrator Take To Promulgate Designations for an Early Action Compact Area That Does Not Meet (or That Contributes to Ambient Air Quality in a Nearby Area That Does Not Meet) the 8-Hour Ozone National Ambient Air Quality Standard?

(i) General. Notwithstanding clauses (i) through (iv) of section 107(d)(1)(B) of the Clean Air Act (42 U.S.C. 7407(d)(1)(B)), the Administrator shall defer until September 30, 2005, the effective date of a nonattainment designation of any area subject to a compact that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the 8-hour ozone national ambient air quality standard if the Administrator determines that the area subject to a compact has met the requirements in paragraphs (e)(2)(i) and (ii) of this section.

(ii) Requirements not met.

(A) If the Administrator determines that an area subject to a compact has not met the requirements in paragraphs (e)(2)(i) and (ii) of this section, the nonattainment designation will become effective June 15, 2004.

(B) Prior to expiration of the deferred effective date on September 30, 2005, if the Administrator determines that an area or the State subject to a compact has not met either requirement in paragraphs (e)(2)(ii) and (iii) of this section, the nonattainment designation shall become effective as of the deferred effective date, unless EPA takes affirmative rulemaking action to further extend the deadline.

(C) If the Administrator determines that an area subject to a compact and/or State has not met any requirement in paragraphs (e)(2)(iii)-(vi) of this section, the nonattainment designation shall become effective as of the deferred effective date, unless EPA takes affirmative rulemaking action to further extend the deadline.

(D) Not later than 1 year after the effective date of the nonattainment designation, the State shall submit to the Administrator a revised attainment demonstration SIP.

(iii) All Requirements Met. If the Administrator determines that an area subject to a compact has met all of the requirements under subparagraph (e)(2) of this section—

(A) The Administrator shall designate the area as attainment under section 107(d)(1)(B) of the Clean Air Act; and

(B) The designation shall become effective no later than April 15, 2008.

(4) What Action Shall the Administrator Take To Approve or Disapprove a Revision to the SIP Submitted by a Compact Area on or Before December 31, 2004?

(i) Not later than September 30, 2005, the Administrator shall take final action to approve or disapprove a revision to the SIP, in accordance with paragraph (e)(2)(iii) of this section, that is submitted by a compact area on or before December 31, 2004.

(ii) If the Administrator approves the SIP revision, the area will continue to be eligible for a deferral of the effective date of nonattainment designation.

(iii) If the Administrator disapproves the SIP revision, the nonattainment designation shall become effective on September 30, 2005.

(iv) If the area's nonattainment designation applies, the State shall comply with paragraph (e)(3)(ii)(D) of this section.

PART 81—[AMENDED] Back to Top

2a. In § 81.301, the table entitled “Alabama—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.301 Alabama.

* * * * *

Alabama—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Birmingham, AL:        
Jefferson County Nonattainment Subpart 1.
Shelby County Nonattainment Subpart 1.
Rest of State Unclassifiable/Attainment    
Autauga County        
Baldwin County        
Barbour County        
Bibb County        
Blount County        
Bullock County        
Butler County        
Calhoun County        
Chambers County        
Cherokee County        
Chilton County        
Choctaw County        
Clarke County        
Clay County        
Cleburne County        
Coffee County        
Colbert County        
Conecuh County        
Coosa County        
Covington County        
Crenshaw County        
Cullman County        
Dale County        
Dallas County        
DeKalb County        
Elmore County        
Escambia County        
Etowah County        
Fayette County        
Franklin County        
Geneva County        
Greene County        
Hale County        
Henry County        
Houston County        
Jackson County        
Lamar County        
Lauderdale County        
Lawrence County        
Lee County        
Limestone County        
Lowndes County        
Macon County        
Madison County        
Marengo County        
Marion County        
Marshall County        
Mobile County        
Monroe County        
Montgomery County        
Morgan County        
Perry County        
Pickens County        
Pike County        
Randolph County        
Russell County        
St. Clair County        
Sumter County        
Talladega County        
Tallapoosa County        
Tuscaloosa County        
Walker County        
Washington County        
Wilcox County        
Winston County        

3.In § 81.302, the table entitled “Alaska—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.302 Alaska.

* * * * *

Alaska—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
AQCR 08 Cook Inlet Intrastate Unclassifiable/Attainment    
Anchorage Borough        
Kenai Peninsula Borough        
Matanuska-Susitna Borough        
AQCR 09 Northern Alaska Intrastate Unclassifiable/Attainment    
Denali Borough        
Fairbanks North Star Borough        
Nome Census Area        
North Slope Borough        
Northwest Arctic Borough        
Southeast Fairbanks Census Area        
Yukon-Koyukuk Census Area        
AQCR 10 South Central Alaska Intrastate Unclassifiable/Attainment    
Aleutians East Borough        
Aleutians West Census Area        
Bethel Census Area        
Bristol Bay Borough        
Dillingham Census Area        
Kodiak Island Borough        
Lake and Peninsula Borough        
Valdez-Cordova Census Area        
Wade Hampton Census Area        
AQCR 11 Southeastern Alaska Intrastate Unclassifiable/Attainment    
Haines Borough        
Juneau Borough        
Ketchikan Gateway Borough        
Prince of Wales-Outer Ketchikan Census Area        
Sitka Borough        
Skagway-Hoonah-Angoon Census Area        
Wrangell-Petersburg Census Area        
Yakutat Borough        

4.In § 81.303, the table entitled “Arizona—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.303 Arizona.

* * * * *

Arizona—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Phoenix-Mesa, AZ:        
Maricopa County (part) Nonattainment Subpart 1
T1N, R1E (except that portion in IndianCountry); T1N, R2E; T1N, R3E; T1N, R4E;T1N, R5E; T1N, R6E; T1N, R7E; T1N, R1W;T1N, R2W; T1N, R3W; T1N, R4W; T1N, R5W;T1N, R6W; T2N, R1E; T2N, R2E; T2N, R3E;T2N, R4E; T2N, R5E, T2N, R6E; T2N, R7E;T2N, R8E; T2N, R9E; T2N, R10E; T2N,R11E; T2N, R12E (except that portion inGila County); T2N, R13E (except that portion in Gila County); T2N, R1W; T2N,R2W; T2N, R3W; T2N, R4W; T2N, R5W; T2N,R6W; T2N, R7W; T3N, R1E; T3N, R2E; T3N, R3E; T3N, R4E; T3N, R5E; T3N, R6E; T3N,R7E; T3N, R8E; T3N, R9E; T3N, R10E(except that portion in Gila County);        
T3N, R11E (except that portion in GilaCounty); T3N, R12E (except that portion in Gila County); T3N, R1W; T3N, R2W;T3N, R3W; T3N, R4W; T3N, R5W; T3N, R6W;T4N, R1E; T4N, R2E; T4N, R3E; T4N, R4E;T4N, R5E; T4N, R6E; T4N, R7E; T4N, R8E;T4N, R9E; T4N, R10E (except that portion in Gila County); T4N, R11E (except that portion in Gila County); T4N, R12E(except that portion in Gila County);T4N, R1W; T4N, R2W; T4N, R3W; T4N, R4W;T4N, R5W; T4N, R6W; T5N, R1E; T5N, R2E;T5N, R3E; T5N, R4E; T5N, R5E; T5N, R6E;T5N, R7E; T5N, R8E; T5N, R9E (except that portion in Gila County); T5N, R10E(except that portion in Gila County);T5N, R1W; T5N, R2W; T5N, R3W; T5N, R4W;T5N, R5W; T6N, R1E (except that portion in Yavapai County); T6N, R2E; T6N, R3E; T6N, R4E; T6N, R5E; T6N, R6E; T6N, R7E;T6N, R8E; T6N, R9E (except that portion in Gila County); T6N, R10E (except that portion in Gila County); T6N, R1W(except that portion in Yavapai County);T6N, R2W; T6N, R3W; T6N, R4W T6N, R5WT7N, R1E (except that portion in YavapaiCounty); T7N, R2E; (except that portion in Yavapai County); T7N, R3E; T7N, R4E;T7N, R5E; T7N, R6E; T7N, R7E; T7N, R8E;T7N, R9E (except that portion in GilaCounty); T7N, R1W (except that portion in Yavapai County); T7N, R2W (except that portion in Yavapai County); T8N, R2E (except that portion in YavapaiCounty); T8N, R3E (except that portion in Yavapai County); T8N, R4E (except that portion in Yavapai County); T8N,R5E (except that portion in YavapaiCounty); T8N, R6E (except that portion in Yavapai County); T8N, R7E (except that portion in Yavapai County); T8N,R8E (except that portion in Yavapai andGila Counties); T8N, R9E (except that portion in Yavapai and Gila Counties);T1S, R1E (except that portion in IndianCountry); T1S, R2E (except that portion in Pinal County and in Indian Country);T1S, R3E; T1S, R4E; T1S, R5E; T1S, R6E;T1S, R7E; T1S, R1W; T1S, R2W; T1S, R3W;T1S, R4W; T1S, R5W; T1S, R6W; T2S, R1E(except that portion in Indian Country);T2S, R5E; T2S, R6E; T2S, R7E; T2S, R1W;T2S, R2W; T2S, R3W; T2S, R4W; T2S, R5W;T3S, R1E; T3S, R1W; T3S, R2W; T3S, R3W;T3S, R4W; T3S, R5W; T4S, R1E; T4S, R1W;T4S, R2W; T4S, R3W; T4S, R4W; T4S, R5W        
Pinal County (part) Nonattainment Subpart 1
Apache Junction: T1N, R8E; T1S, R8E (Sections 1 through 12)        
Rest of State Unclassifiable/Attainment    
Apache County        
Cochise County        
Coconino County        
Gila County        
Graham County        
Greenlee County        
La Paz County        
Maricopa County (part) remainder        
Mohave County        
Navajo County        
Pima County        
Pinal County (part) remainder        
Santa Cruz County        
Yavapai County        
Yuma County        

5.In § 81.304, the table entitled “Arkansas-Ozone (8-Hour Standard)” is added to read as follows:

§ 81.304 Arkansas.

* * * * *

Arkansas—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Memphis, TN-AR:        
(AQCR 018Metropolitan Memphis Interstate)        
Crittenden County Nonattainment Subpart 2/Moderate.
AQCR 016 Central Arkansas Intrastate (part) Unclassifiable/Attainment    
Pulaski County        
AQCR 016Central Arkansas Intrastate (remainder of) Unclassifiable/Attainment    
Chicot County        
Clark County        
Cleveland County        
Conway County        
Dallas County        
Desha County        
Drew County        
Faulkner County        
Garland County        
Grant County        
Hot Spring County        
Jefferson County        
Lincoln County        
Lonoke County        
Perry County        
Pope County        
Saline County        
Yell County        
AQCR 017Metropolitan Fort Smith Interstate Unclassifiable/Attainment    
Benton County        
Crawford County        
Sebastian County        
Washington County        
AQCR 019Monroe-El Dorado Interstate Unclassifiable/Attainment    
Ashley County        
Bradley County        
Calhoun County        
Nevada County        
Ouachita County        
Union County        
AQCR 020Northeast Arkansas Intrastate Unclassifiable/Attainment    
Arkansas County        
Clay County        
Craighead County        
Cross County        
Greene County        
Independence County        
Jackson County        
Lawrence County        
Lee County        
Mississippi County        
Monroe County        
Phillips County        
Poinsett County        
Prairie County        
Randolph County        
St. Francis County        
Sharp County        
White County        
Woodruff County        
AQCR 021Northwest Arkansas Intrastate Unclassifiable/Attainment    
Baxter County        
Boone County        
Carroll County        
Cleburne County        
Franklin County        
Fulton County        
Izard County        
Johnson County        
Logan County        
Madison County        
Marion County        
Montgomery County        
Newton County        
Pike County        
Polk County        
Scott County        
Searcy County        
Stone County        
Van Buren County        
AQCR 022Shreveport-Texarkana-Tyler Interstate. Unclassifiable/Attainment    
Columbia County        
Hempstead County        
Howard County        
Lafayette County        
Little River County        
Miller County        
Sevier County        

6.In § 81.305, the table entitled “California—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.305 California.

* * * * *

California—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
bThe boundaries for these designated areas are based on coordinates of latitude and longitude derived from EPA Region 9's GIS database and are illustrated in a map entitled “Eastern San Diego County Attainment Areas for the 8-Hour Ozone NAAQS,” dated March 9, 2004, including an attached set of coordinates. The map and attached set of coordinates are available at EPA's Region 9 Air Division office. The designated areas roughly approximate the boundaries of the reservations for these tribes, but their inclusion in this table is intended for CAA planning purposes only and is not intended to be a federal determination of the exact boundaries of the reservations. Also, the specific listing of these tribes in this table does not confer, deny, or withdraw Federal recognition of any of the tribes so listed nor any of the tribes not listed.
1This date is June 15, 2004, unless otherwise noted.
Amador and Calaveras Cos., CA:        
(Central Mountain Cos.)        
Amador County Nonattainment Subpart 1.
Calaveras County Nonattainment Subpart 1.
Chico, CA:        
Butte County Nonattainment Subpart 1.
Kern County (Eastern Kern), CA Nonattainment Subpart 1.
Kern County (part)        
That portion of Kern County (with the exception of that portion in Hydrologic Unit Number 18090205—the Indian Wells Valley) east and south of a line described as follows: Beginning at the Kern-Los Angeles County boundary and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of intersection with the range line common to Range 16 West and Range 17 West, San Bernardino Base and Meridian; north along the range line to the point of intersection with the Rancho El Tejon Land Grant boundary; then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Grant to the northwest corner of Section 3, Township 11 North, Range 17 West; then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary; then northwest along the Rancho El Tejon line to the southeast corner of Section 34, Township 32 South, Range 30 East, Mount Diablo Base and Meridian; then north to the northwest corner of Section 35, Township 31 South, Range 30 East; then northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of Section 18, Township 31 South, Range 31 East; then east to the southeast corner of Section 13, Township 31 South, Range 31 East; then north along the range line common to Range 31 East and Range 32 East, Mount Diablo Base and Meridian, to the northwest corner of Section 6, Township 29 South, Range 32 East; then east to the southwest corner of Section 31, Township 28 South, Range 32 East; then north along the range line common to Range 31 East and Range 32 East to the northwest corner of Section 6, Township 28 South, Range 32 East, then west to the southeast corner of Section 36, Township 27 South, Range 31 East, then north along the range line common to Range 31 East and Range 32 East to the Kern-Tulare County boundary.        
Imperial Co., CA:        
Imperial County Nonattainment Subpart 2/Marginal.
Los Angeles—South Coast Air Basin, CA: Nonattainment Subpart 2/Severe 17.
Los Angeles County (part) Nonattainment Subpart 2/Severe 17.
That portion of Los Angeles County which lies south and west of a line described as follows: Beginning at the Los Angeles-San Bernardino County boundary and running west along the Township line common to Township 3 North and Township 2 North, San Bernardino Base and Meridian; then north along the range line common to Range 8 West and Range 9 West; then west along the Township line common to Township 4 North and Township 3 North; then north along the range line common to Range 12 West and Range 13 West to the southeast corner of Section 12, Township 5 North and Range 13 West; then west along the south boundaries of Sections 12, 11, 10, 9, 8, and 7, Township 5 North and Range 13 West to the boundary of the Angeles National Forest which is collinear with the range line common to Range 13 West and Range 14 West; then north and west along the Angeles National Forest boundary to the point of intersection with the Township line common to Township 7 North and Township 6 North (point is at the northwest corner of Section 4 in Township 6 North and Range 14 West); then west along the Township line common to Township 7 North and Township 6 North; then north along the range line common to Range 15 West and Range 16 West to the southeast corner of Section 13, Township 7 North and Range 16 West; then along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 7 North and Range 16 West; then north along the range line common to Range 16 West and Range 17 West to the north boundary of the Angeles National Forest (collinear with the Township line common to Township 8 North and Township 7 North); then west and north along the Angeles National Forest boundary to the point of intersection with the south boundary of the Rancho La Liebre Land Grant; then west and north along this land grant boundary to the Los Angeles-Kern County boundary.        
Orange County Nonattainment Subpart 2/Severe 17.
Riverside County (part) Nonattainment Subpart 2/Severe 17.
That portion of Riverside County which lies to the west of a line described as follows: Beginning at the Riverside-San Diego County boundary and running north along the range line common to Range 4 East and Range 3 East, San Bernardino Base and Meridian; then east along the Township line common to Township 8 South and Township 7 South; then north along the range line common to Range 5 East and Range 4 East; then west along the Township line common to Township 6 South and Township 7 South to the southwest corner of Section 34, Township 6 South, Range 4 East; then north along the west boundaries of Sections 34, 27, 22, 15, 10, and 3, Township 6 South, Range 4 East; then west along the Township line common to Township 5 South and Township 6 South; then north along the range line common to Range 4 East and Range 3 East; then west along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 5 South, Range 3 East; then north along the range line common to Range 2 East and Range 3 East; to the Riverside-San Bernardino County line.        
San Bernardino County (part) Nonattainment Subpart 2/Severe 17.
That portion of San Bernardino County which lies south and west of a line described as follows: Beginning at the San Bernardino-Riverside County boundary and running north along the range line common to Range 3 East and Range 2 East, San Bernardino Base and Meridian; then west along the Township line common to Township 3 North and Township 2 North to the San Bernardino-Los Angeles County boundary.        
Los Angeles-San Bernardino Cos.(W Mojave Desert), CA: Nonattainment Subpart 2/Moderate.
Los Angeles County (part) Nonattainment Subpart 2/Moderate.
That portion of Los Angeles County which lies north and east of a line described as follows: Beginning at the Los Angeles—San Bernardino County boundary and running west along the Township line common to Township 3 North and Township 2 North, San Bernardino Base and Meridian; then north along the range line common to Range 8 West and Range 9 West; then west along the Township line common to Township 4 North and Township 3 North; then north along the range line common to Range 12 West and Range 13 West to the southeast corner of Section 12, Township 5 North and Range 13 West; then west along the south boundaries of Sections 12, 11, 10, 9, 8, and 7, Township 5 North and Range 13 West to the boundary of the Angeles National Forest which is collinear with the range line common to Range 13 West and Range 14 West; then north and west along the Angeles National Forest boundary to the point of intersection with the Township line common to Township 7 North and Township 6 North (point is at the northwest corner of Section 4 in Township 6 North and Range 14 West); then west along the Township line common to Township 7 North and Township 6 North; then north along the range line common to Range 15 West and Range 16 West to the southeast corner of Section 13, Township 7 North and Range 16 West; then along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 7 North and Range 16 West; then north along the range line common to Range 16 West and Range 17 West to the north boundary of the Angeles National Forest (collinear with the Township line common to Township 8 North and Township 7 North); then west and north along the Angeles National Forest boundary to the point of intersection with the south boundary of the Rancho La Liebre Land Grant; then west and north along this land grant boundary to the Los Angeles—Kern County boundary.        
San Bernardino County (part) Nonattainment Subpart 2/Moderate.
That portion of San Bernardino County which lies north and east of a line described as follows: Beginning at the San Bernardino—Riverside County boundary and running north along the range line common to Range 3 East and Range 2 East, San Bernardino Base and Meridian; then west along the Township line common to Township 3 North and Township 2 North to the San Bernardino— Los Angeles County boundary; And that portion of San Bernardino County which lies south and west of a line described as follows: latitude 35 degrees, 10 minutes north and longitude 115 degrees, 45 minutes west.        
Mariposa and Tuolumne Cos., CA:        
(Southern Mountain Counties)        
Mariposa County Nonattainment Subpart 1.
Tuolumne County Nonattainment Subpart 1.
Riverside Co. (Coachella Valley), CA; Nonattainment Subpart 2/Serious.
Riverside County (part)        
That portion of Riverside County which lies to the east of a line described as follows: Beginning at the Riverside—San Diego County boundary and running north along the range line common to Range 4 East and Range 3 East, San Bernardino Base and Meridian; then east along the Township line common to Township 8 South and Township 7 South; then north along the range line common to Range 5 East and Range 4 East; then west along the Township line common to Township 6 South and Township 7 South to the southwest corner of Section 34, Township 6 South, Range 4 East; then north along the west boundaries of Sections 34, 27, 22, 15, 10, and 3, Township 6 South, Range 4 East; then west along the Township line common to Township 5 South and Township 6 South; then north along the range line common to Range 4 East and Range 3 East; then west along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 5 South, Range 3 East; then north along the range line common to Range 2 East and Range 3 East; to the Riverside-San Bernardino County line. And that portion of Riverside County which lies to the west of a line described as follows: That segment of the southwestern boundary line of Hydrologic Unit Number 18100100 within Riverside County, further described as follows: Beginning at the Riverside—Imperial County boundary and running north along the range line common to Range 17 East and Range 16 East, San Bernardino Base and Meridian; then northwest along the ridge line of the Chuckwalla Mountains, through Township 8 South, Range 16 East and Township 7 South, Range 16 East, until the Black Butte Mountain, elevation 4504′; then west and northwest along the ridge line to the southwest corner of Township 5 South, Range 14 East; then north along the range line common to Range 14 East and Range 13 East; then west and northwest along the ridge line to Monument Mountain, elevation 4834′; then southwest and then northwest along the ridge line of the Little San Bernardino Mountains to Quail Mountain, elev. 5814′; then northwest along the ridge line to the Riverside—San Bernardino County line.        
Sacramento Metro, CA Nonattainment Subpart 2/Serious.
El Dorado County (part)        
All portions of the county except that portion of El Dorado County within the drainage area naturally tributary to Lake Tahoe including said Lake.        
Placer County (part) Nonattainment Subpart 2/Serious.
All portions of the county except that portion of Placer County within the drainage area naturally tributary to Lake Tahoe including said Lake, plus that area in the vicinity of the head of the Truckee River described as follows: Commencing at the point common to the aforementioned drainage area crestline and the line common to Townships 15 North and 16 North, Mount Diablo Base and Meridian, and following that line in a westerly direction to the northwest corner of Section 3, Township 15 North, Range 16 East, Mount Diablo Base and Meridian, thence south along the west line of Sections 3 and 10, Township 15 North, Range 16 East, Mount Diablo Base and Meridian, to the intersection with the said drainage area crestline, thence following the said drainage area boundary in a southeasterly, then northeasterly direction to and along the Lake Tahoe Dam, thence following the said drainage area crestline in a northeasterly, then northwesterly direction to the point of beginning.        
Sacramento County Nonattainment Subpart 2/Serious.
Solano County (part) Nonattainment Subpart 2/Serious.
That portion of Solano County which lies north and east of a line described as follows: Beginning at the intersection of the westerly boundary of Solano County and the1/4section line running east and west through the center of Section 34; Township 6 North, Range 2 West, Mount Diablo Base and Meridian, thence east along said1/4section line to the east boundary of Section 36, Township 6 North, Range 2 West, thence south1/2mile and east 2.0 miles, more or less, along the west and south boundary of Los Putos Rancho to the northwest corner of Section 4, Township 5 North, Range 1 West, thence east along a line common to Township 5 North and Township 6 North to the northeast corner of Section 3, Township 5 North, Range 1 East, thence south along section lines to the southeast corner of Section 10, Township 3 North, Range 1 East, thence east along section lines to the south1/4corner of Section 8, Township 3 North, Range 2 East, thence east to the boundary between Solano and Sacramento Counties.        
Sutter County (part) Nonattainment Subbpart 2/Serious.
Portion south of a line connecting the northern border of Yolo County to the SW tip of Yuba County and continuing along the southern Yuba County border to Placer County.        
Yolo County Nonattainment Subpart 2/Serious.
San Diego, CA Nonattainment Subpart 1.
San Diego County (part)        
That portion of San Diego County that excludes the areas listed below: La Posta Areas #1 and #2b, Cuyapaipe Areab, Manzanita Areab, Campo Areas #1 and #2b        
San Francisco Bay Area, CA Nonattainment Subpart 2/Marginal.
Alameda County Nonattainment Subpart 2/Marginal.
Contra Costa County Nonattainment Subpart 2/Marginal.
Marin County Nonattainment Subpart 2/Marginal.
Napa County Nonattainment Subpart 2/Marginal.
San Francisco County Nonattainment Subpart 2/Marginal.
San Mateo County Nonattainment Subpart 2/Marginal.
Santa Clara County Nonattainment Subpart 2/Marginal.
Solano County (part) Nonattainment Subpart 2/Marginal.
Portion of Solano County which lies south and west of a line described as follows: Beginning at the intersection of the westerly boundary of Solano County and the1/4section line running east and west through the center of Section 34, T6N, R2W, M.D.B. M., thence east along said1/4section line to the east boundary of Section 36, T6N, R2W, thence south1/2mile and east 2.0 miles, more or less, along the west and south boundary of Los Putos Rancho to the northwest corner of Section 4, T5N, R1W, thence east along a line common to T5N and T6N to the northeast corner of Section 3, T5N, R1E, thence south along section lines to the southeast corner of Section 10, T3N, R1E, thence east along section lines to the south1/4corner of Section 8, T3N, R2E, thence east to the boundary between Solano and Sacramento Counties.        
Sonoma County (part) Nonattainment Subpart 2/Marginal.
That portion of Sonoma County which lies south and east of a line described as follows: Beginning at the southeasterly corner of the Rancho Estero Americano, being on the boundary line between Marin and Sonoma Counties, California; thence running northerly along the easterly boundary line of said Rancho Estero Americano to the northeasterly corner thereof, being an angle corner in the westerly boundary line of Rancho Canada de Jonive; thence running along said boundary of Rancho Canada de Jonive westerly, northerly and easterly to its intersection with the easterly line of Graton Road; thence running along the easterly and southerly line of Graton Road, northerly and easterly to its intersection with the easterly line of Sullivan Road; thence running northerly along said easterly line of Sullivan Road to the southerly line of Green Valley Road; thence running easterly along the said southerly line of Green Valley Road and easterly along the southerly line of State Highway 116, to the westerly line of Vine Hill Road; thence running along the westerly and northerly line of Vine Hill Road, northerly and easterly to its intersection with the westerly line of Laguna Road; thence running northerly along the westerly line of Laguna Road and the northerly projection thereof to the northerly line of Trenton Road; thence running westerly along the northerly line of said Trenton Road to the easterly line of Trenton-Healdsburg Road; thence running northerly along said easterly line of Trenton-Healdsburg Road to the easterly line of Eastside Road; thence running northerly along said easterly line of Eastside Road to its intersection with the southerly line of Rancho Sotoyome; thence running easterly along said southerly line of Rancho Sotoyome to its intersection with the Township line common to Townships 8 and 9 North, M.D.M.; thence running easterly along said township line to its intersection with the boundary line between Sonoma and Napa Counties.        
San Joaquin Valley, CA:        
Fresno County Nonattainment Subpart 2/Serious.
Kern County (part) Nonattainment Subpart 2/Serious.
That portion of Kern County which lies west and north of a line described as follows: Beginning at the Kern-Los Angeles County boundary and running north and east along the northwest boundary of the Rancho La Libre Land Grant to the point of intersection with the range line common to R. 16 W. and R. 17 W., San Bernardino Base and Meridian; north along the range line to the point of intersection with the Rancho El Tejon Land Grant boundary; then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the northwest corner of S. 3, T. 11 N., R. 17 W.;then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary; then northwest along the Rancho El Tejon line to the southeast corner of S. 34, T. 32 S., R. 30 E., Mount Diablo Base and Meridian; then north to the northwest corner of S. 35, T. 31 S., R. 30 E.; then northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of S. 18, T. 31 S., R. 31 E.; then east to the southeast corner of S. 13, T. 31 S., R. 31 E.; then north along the range line common to R. 31 E. and R. 32 E., Mount Diablo Base and Meridian, to the northwest corner of S. 6, T. 29 S., R. 32 E.; then east to the southwest corner of S. 31, T. 28 S., R. 32 E.; then north along the range line common to R. 31 E. and R. 32 E. to the northwest corner of S. 6, T. 28 S., R. 32 E., then west to the southeast corner of S. 36, T. 27 S., R. 31 E., then north along the range line common to R. 31 E. and R. 32 E. to the Kern-Tulare County boundary.        
Kings County Nonattainment Subpart 2/Serious.
Madera County Nonattainment Subpart 2/Serious.
Merced County Nonattainment Subpart 2/Serious.
San Joaquin County Nonattainment Subpart 2/Serious.
Stanislaus County Nonattainment Subpart 2/Serious.
Tulare County Nonattainment Subpart 2/Serious.
Sutter County (part), CA:        
Sutter County (part) Nonattainment Subpart 1.
(Sutter Buttes) That portion of the Sutter Buttes mountain range at or above 2,000 feet in elevation.        
Remainder of County Unclassifiable/Attainment    
Ventura County, CA:        
Ventura County (part) Nonattainment Subpart 2/Moderate.
That part of Ventura County excluding the Channel Islands of Anacapa and San Nicolas Islands.        
Remainder of County Unclassifiable/Attainment    
Nevada County (Western part), CA Nonattainment Subpart 1.
Nevada County (part)        
That portion of Nevada County, which lies west of a line, described as follows: beginning at the Nevada-Placer County boundary and running north along the western boundaries of Sections 24, 13, 12, 1, Township 17 North, Range 14 East, Mount Diablo Base and Meridian, and Sections 36, 25, 24, 13, 12, Township 18 North, Range 14 East to the Nevada-Sierra County boundary.        
Santa Barbara-Santa Maria-Lompoc, CA:        
Santa Barbara County Unclassifiable/Attainment    
Mohave Desert Air Basin:        
Riverside County (part) remainder Unclassifiable/Attainment    
San Bernardino County (part) remainder Unclassifiable/Attainment    
Great Basin Valleys Air Basin Unclassifiable/Attainment    
Alpine County        
Inyo County        
Mono County        
Lake County Air Basin Unclassifiable/Attainment    
Lake County        
Lake Tahoe Air Basin Unclassifiable/Attainment    
El Dorado County (part)        
Lake Tahoe Area: As described under 40 CFR 81.275.        
Placer County (part)        
Lake Tahoe Area: As described under 40 CFR 81.275.        
Monterey Bay Area Unclassifiable/Attainment    
Monterey County        
San Benito County        
Santa Cruz County        
Mountain Counties Air Basin (remainder of):        
Nevada County (part) remainder Unclassifiable/Attainment    
Plumas County Unclassifiable/Attainment    
Sierra County Unclassifiable/Attainment    
North Coast Air Basin Unclassifiable/Attainment    
Del Norte County        
Humboldt County        
Mendocino County        
Sonoma County (part) remainder        
Trinity County        
Northeast Plateau Air Basin Unclassifiable/Attainment    
Lassen County        
Modoc County        
Siskiyou County        
Sacramento Valley Air Basin (remainder of):        
Colusa County Unclassifiable/Attainment    
Glenn County Unclassifiable/Attainment    
Shasta County Unclassifiable/Attainment    
Tehama County Unclassifiable/Attainment    
Yuba County Unclassifiable/Attainment    
South Central Coast Air Basin:        
(remainder of)        
Channel Islands Unclassifiable/Attainment    
San Luis Obispo County Unclassifiable/Attainment    

7.In § 81.306, the table entitled “Colorado-Ozone (8-Hour Standard)” is added to read as follows:

§ 81.306 Colorado.

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Colorado—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
2Early Action Compact Area, effective date deferred until September 30, 2005.
Denver-Boulder-Greeley-Ft.Collins-Love., CO:        
Adams County (2) Nonattainment (2) Subpart 1.
Arapahoe County (2) Nonattainment (2) Subpart 1.
Boulder County (includes part of Rocky Mtn. Nat. Park) (2) Nonattainment (2) Subpart 1.
Broomfield County (2) Nonattainment (2) Subpart 1.
Denver County (2) Nonattainment (2) Subpart 1.
Douglas County (2) Nonattainment (2) Subpart 1.
Jefferson County (2) Nonattainment (2) Subpart 1.
Larimer County (part) (includes part of Rocky Mtn. Nat. Park) (2) Nonattainment (2) Subpart 1.
That portion of the county that lies south of a line described as follows: Beginning at a point on Larimer County's eastern boundary and Weld County's western boundary intersected by 40 degrees, 42 minutes, and 47.1 seconds north latitude, proceed west to a point defined by the intersection of 40 degrees, 42 minutes, 47.1 seconds north latitude and 105 degrees, 29 minutes, and 40.0 seconds west longitude, thence proceed south on 105 degrees, 29 minutes, 40.0 seconds west longitude to the intersection with 40 degrees, 33 minutes and 17.4 seconds north latitude, thence proceed west on 40 degrees, 33 minutes, 17.4 seconds north latitude until this line intersects LarimerCounty's western boundary and Grand County's eastern boundary.        
Weld County (part) (2) Nonattainment (2) Subpart 1.
That portion of the county that lies south of a line described as follows: Beginning at a point on Weld County's eastern boundary and Logan County's western boundary intersected by 40 degrees, 42 minutes, 47.1 seconds north latitude, proceed west on 40 degrees, 42 minutes, 47.1 seconds north latitude until this line intersects Weld County's western boundary and Larimer County's eastern boundary.        
State AQCR 01 Unclassifiable/Attainment
Logan County        
Phillips County        
Sedgwick County        
Washington County        
Yuma County        
State AQCR 03 (remainder of) Unclassifiable/Attainment
Clear Creek County        
Gilpin County        
State AQCR 11 Unclassifiable/Attainment
Garfield County        
Mesa County        
Moffat County        
Rio Blanco County        
Rest of State Unclassifiable/Attainment
Alamosa County        
Archuleta County        
Baca County        
Bent County        
Chaffee County        
Cheyenne County        
Conejos County        
Costilla County        
Crowley County        
Custer County        
Delta County        
Dolores County        
Eagle County        
El Paso County        
Elbert County        
Fremont County        
Grand County (includes portion of W. Rocky Mtn. Nat. Park)        
Gunnison County        
Hinsdale County        
Huerfano County        
Jackson County        
Kiowa County        
Kit Carson County        
La Plata County        
Lake County        
Larimer County (part) remainder        
Las Animas County        
Lincoln County        
Mineral County        
Montezuma County        
Montrose County        
Morgan County        
Otero County        
Ouray County        
Park County        
Pitkin County        
Prowers County        
Pueblo County        
Rio Grande County        
Routt County        
Saguache County        
San Juan County        
San Miguel County        
Summit County        
Teller County        
Weld County (part) remainder        

8.In § 81.307, the table entitled “Connecticut—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.307 Connecticut.

* * * * *

Connecticut—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Greater Connecticut, CT:        
Hartford County Nonattainment Subpart 2/Moderate.
Litchfield County Nonattainment Subpart 2/Moderate.
New London County Nonattainment Subpart 2/Moderate.
Tolland County Nonattainment Subpart 2/Moderate.
Windham County Nonattainment Subpart 2/Moderate.
New York-N. New Jersey-Long Island, NY-NJ-CT:        
Fairfield County Nonattainment Subpart 2/Moderate.
Middlesex County Nonattainment Subpart 2/Moderate.
New Haven County Nonattainment Subpart 2/Moderate.

9.In § 81.308, the table entitled “Delaware—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.308 Delaware.

* * * * *

Delaware—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Philadelphia-Wilmington-Atlantic Ci, PA-NJ-MD-DE:        
Kent County Nonattainment Subpart 2/Moderate.
New Castle County Nonattainment Subpart 2/Moderate.
Sussex County Nonattainment Subpart 2/Moderate.

10.In § 81.309, the table entitled “District of Columbia—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.309 District of Columbia.

* * * * *

District of Columbia—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Washington, DC-MD-VA:        
District of Columbia Nonattainment Subpart 2/Moderate.

11.In § 81.310, the table entitled “Florida—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.310 Florida.

* * * * *

Florida—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Statewide Unclassifiable/Attainment    
Alachua County        
Baker County        
Bay County        
Bradford County        
Brevard County        
Broward County        
Calhoun County        
Charlotte County        
Citrus County        
Clay County        
Collier County        
Columbia County        
DeSoto County        
Dixie County        
Duval County        
Escambia County        
Flagler County        
Franklin County        
Gadsden County        
Gilchrist County        
Glades County        
Gulf County        
Hamilton County        
Hardee County        
Hendry County        
Hernando County        
Highlands County        
Hillsborough County        
Holmes County        
Indian River County        
Jackson County        
Jefferson County        
Lafayette County        
Lake County        
Lee County        
Leon County        
Levy County        
Liberty County        
Madison County        
Manatee County        
Marion County        
Martin County        
Miami-Dade County        
Monroe County        
Nassau County        
Okaloosa County        
Okeechobee County        
Orange County        
Osceola County        
Palm Beach County        
Pasco County        
Pinellas County        
Polk County        
Putnam County        
St. Johns County        
St. Lucie County        
Santa Rosa County        
Sarasota County        
Seminole County        
Sumter County        
Suwannee County        
Taylor County        
Union County        
Volusia County        
Wakulla County        
Walton County        
Washington County        

12.In § 81.311, the table entitled “Georgia—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.311 Georgia.

* * * * *

Georgia—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Atlanta, GA:        
Barrow County Nonattainment Subpart 2/Marginal.
Bartow County Nonattainment Subpart 2/Marginal.
Carroll County Nonattainment Subpart 2/Marginal.
Cherokee County Nonattainment Subpart 2/Marginal.
Clayton County Nonattainment Subpart 2/Marginal.
Cobb County Nonattainment Subpart 2/Marginal.
Coweta County Nonattainment Subpart 2/Marginal.
DeKalb County Nonattainment Subpart 2/Marginal.
Douglas County Nonattainment Subpart 2/Marginal.
Fayette County Nonattainment Subpart 2/Marginal.
Forsyth County Nonattainment Subpart 2/Marginal.
Fulton County Nonattainment Subpart 2/Marginal.
Gwinnett County Nonattainment Subpart 2/Marginal.
Hall County Nonattainment Subpart 2/Marginal.
Henry County Nonattainment Subpart 2/Marginal.
Newton County Nonattainment Subpart 2/Marginal.
Paulding County Nonattainment Subpart 2/Marginal.
Rockdale County Nonattainment Subpart 2/Marginal.
Spalding County Nonattainment Subpart 2/Marginal.
Walton County Nonattainment Subpart 2/Marginal.
Macon, GA:        
Bibb County Nonattainment Subpart 1.
Monroe County (part) Nonattainment Subpart 1.
From the point where Bibb and Monroe Counties meet at the Ocmulgee River, follow the Ocmulgee River boundary north to 33 degrees, 05 minutes, due west to 83 degrees, 50 minutes, due south to the intersection with Georgia Hwy 18, east along Georgia Hwy 18 to US Hwy 23/ Georgia Hwy 87, south on US Hwy 23/ Georgia Hwy 87 to the Monro/Bibb County line, and east to the intersection with the Ocmulgee River        
Chattanooga, TN-GA:        
Catoosa County Nonattainment Subpart 1.
Murray Co (Chattahoochee Nat Forest), GA:        
Murray County (part) Nonattainment Subpart 1.
Rest of State Unclassifiable/Attainment    
Appling County        
Atkinson County        
Bacon County        
Baker County        
Baldwin County        
Banks County        
Ben Hill County        
Berrien County        
Bleckley County        
Brantley County        
Brooks County        
Bryan County        
Bulloch County        
Burke County        
Butts County        
Calhoun County        
Camden County        
Candler County        
Charlton County        
Chatham County        
Chattahoochee County        
Chattooga County        
Clarke County        
Clay County        
Clinch County        
Coffee County        
Colquitt County        
Columbia County        
Cook County        
Crawford County        
Crisp County        
Dade County        
Dawson County        
Decatur County        
Dodge County        
Dooly County        
Dougherty County        
Early County        
Echols County        
Effingham County        
Elbert County        
Emanuel County        
Evans County        
Fannin County        
Floyd County        
Franklin County        
Gilmer County        
Glascock County        
Glynn County        
Gordon County        
Grady County        
Greene County        
Habersham County        
Hancock County        
Haralson County        
Harris County        
Hart County        
Heard County        
Houston County        
Irwin County        
Jackson County        
Jasper County        
Jeff Davis County        
Jefferson County        
Jenkins County        
Johnson County        
Jones County        
Lamar County        
Lanier County        
Laurens County        
Lee County        
Liberty County        
Lincoln County        
Long County        
Lowndes County        
Lumpkin County        
Macon County        
Madison County        
Marion County        
McDuffie County        
McIntosh County        
Meriwether County        
Miller County        
Mitchell County        
Monroe County (part) remainder        
Montgomery County        
Morgan County        
Murray County (part) remainder        
Muscogee County        
Oconee County        
Oglethorpe County        
Peach County        
Pickens County        
Pierce County        
Pike County        
Polk County        
Pulaski County        
Putnam County        
Quitman County        
Rabun County        
Randolph County        
Richmond County        
Schley County        
Screven County        
Seminole County        
Stephens County        
Stewart County        
Sumter County        
Talbot County        
Taliaferro County        
Tattnall County        
Taylor County        
Telfair County        
Terrell County        
Thomas County        
Tift County        
Toombs County        
Towns County        
Treutlen County        
Troup County        
Turner County        
Twiggs County        
Union County        
Upson County        
Walker County        
Ware County        
Warren County        
Washington County        
Wayne County        
Webster County        
Wheeler County        
White County        
Whitfield County        
Wilcox County        
Wilkes County        
Wilkinson County        
Worth County        

13.In § 81.312, the table entitled “Hawaii—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.312 Hawaii.

* * * * *

Hawaii—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Statewide Unclassifiable Attainment
Hawaii County        
Honolulu County        
Kalawao County        
Kauai County        
Maui County        

14.In § 81.313, the table entitled “Idaho—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.313 Idaho.

* * * * *

Idaho—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
AQCR 61 Eastern Idaho Intrastate Unclassifiable/Attainment
Bannock County        
Bear Lake County        
Bingham County        
Bonneville County        
Butte County        
Caribou County        
Clark County        
Franklin County        
Fremont County        
Jefferson County        
Madison County        
Oneida County        
Power County        
Teton County        
AQCR 62 E Washington-N Idaho Interstate Unclassifiable/Attainment
Benewah County        
Kootenai County        
Latah County        
Nez Perce County        
Shoshone County        
AQCR 63 Idaho Intrastate Unclassifiable/Attainment
Adams County        
Blaine County        
Boise County        
Bonner County        
Boundary County        
Camas County        
Cassia County        
Clearwater County        
Custer County        
Elmore County        
Gem County        
Gooding County        
Idaho County        
Jerome County        
Lemhi County        
Lewis County        
Lincoln County        
Minidoka County        
Owyhee County        
Payette County        
Twin Falls County        
Valley County        
Washington County        
AQCR 64 Metropolitan Boise Interstate Unclassifiable/Attainment
Ada County        
Canyon County        

15.In § 81.314, the table entitled “Illinois—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.314 Illinois.

* * * * *

Illinois—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Chicago-Gary-Lake County, IL-IN:        
Cook County Nonattainment Subpart 2/Moderate.
DuPage County Nonattainment Subpart 2/Moderate.
Grundy County (part) Nonattainment Subpart 2/Moderate.
Aux Sable Township Goose Lake Township        
Kane County Nonattainment Subpart 2/Moderate.
Kendall County (part) Nonattainment Subpart 2/Moderate.
Oswego Township        
Lake County Nonattainment Subpart 2/Moderate.
McHenry County Nonattainment Subpart 2/Moderate.
Will County Nonattainment Subpart 2/Moderate.
St. Louis, MO-IL:        
Jersey County Nonattainment Subpart 2/Moderate.
Madison County Nonattainment Subpart 2/Moderate.
Monroe County Nonattainment Subpart 2/Moderate.
St. Clair County Nonattainment Subpart 2/Moderate.
Rest of State        
Adams County Unclassifiable/Attainment    
Alexander County Unclassifiable/Attainment    
Bond County Unclassifiable/Attainment    
Boone County Unclassifiable/Attainment    
Brown County Unclassifiable/Attainment    
Bureau County Unclassifiable/Attainment    
Calhoun County Unclassifiable/Attainment    
Carroll County Unclassifiable/Attainment    
Cass County Unclassifiable/Attainment    
Champaign County Unclassifiable/Attainment    
Christian County Unclassifiable/Attainment    
Clark County Unclassifiable/Attainment    
Clay County Unclassifiable/Attainment    
Clinton County Unclassifiable/Attainment    
Coles County Unclassifiable/Attainment    
Crawford County Unclassifiable/Attainment    
Cumberland County Unclassifiable/Attainment    
De Witt County Unclassifiable/Attainment    
DeKalb County Unclassifiable/Attainment    
Douglas County Unclassifiable/Attainment    
Edgar County Unclassifiable/Attainment    
Edwards County Unclassifiable/Attainment    
Effingham County Unclassifiable/Attainment    
Fayette County Unclassifiable/Attainment    
Ford County Unclassifiable/Attainment    
Franklin County Unclassifiable/Attainment    
Fulton County Unclassifiable/Attainment    
Gallatin County Unclassifiable/Attainment    
Greene County Unclassifiable/Attainment    
Grundy County (part) Unclassifiable/Attainment    
All townships except Aux Sable and Goose Lake.        
Hamilton County Unclassifiable/Attainment    
Hancock County Unclassifiable/Attainment    
Hardin County Unclassifiable/Attainment    
Henderson County Unclassifiable/Attainment    
Henry County Unclassifiable/Attainment    
Iroquois County Unclassifiable/Attainment    
Jackson County Unclassifiable/Attainment    
Jasper County Unclassifiable/Attainment    
Jefferson County Unclassifiable/Attainment    
Jo Daviess County Unclassifiable/Attainment    
Johnson County Unclassifiable/Attainment    
Kankakee County Unclassifiable/Attainment    
Kendall County (part) Unclassifiable/Attainment    
All townships except Oswego        
Knox County Unclassifiable/Attainment    
La Salle County Unclassifiable/Attainment    
Lawrence County Unclassifiable/Attainment    
Lee County Unclassifiable/Attainment    
Livingston County Unclassifiable/Attainment    
Logan County Unclassifiable/Attainment    
Macon County Unclassifiable/Attainment    
Macoupin County Unclassifiable/Attainment    
Marion County Unclassifiable/Attainment    
Marshall County Unclassifiable/Attainment    
Mason County Unclassifiable/Attainment    
Massac County Unclassifiable/Attainment    
McDonough County Unclassifiable/Attainment    
McLean County Unclassifiable/Attainment    
Menard County Unclassifiable/Attainment    
Mercer County Unclassifiable/Attainment    
Montgomery County Unclassifiable/Attainment    
Morgan County Unclassifiable/Attainment    
Moultrie County Unclassifiable/Attainment    
Ogle County Unclassifiable/Attainment    
Peoria County Unclassifiable/Attainment    
Perry County Unclassifiable/Attainment    
Piatt County Unclassifiable/Attainment    
Pike County Unclassifiable/Attainment    
Pope County Unclassifiable/Attainment    
Pulaski County Unclassifiable/Attainment    
Putnam County Unclassifiable/Attainment    
Randolph County Unclassifiable/Attainment    
Richland County Unclassifiable/Attainment    
Rock Island County Unclassifiable/Attainment    
Saline County Unclassifiable/Attainment    
Sangamon County Unclassifiable/Attainment    
Schuyler County Unclassifiable/Attainment    
Scott County Unclassifiable/Attainment    
Shelby County Unclassifiable/Attainment    
Stark County Unclassifiable/Attainment    
Stephenson County Unclassifiable/Attainment    
Tazewell County Unclassifiable/Attainment    
Union County Unclassifiable/Attainment    
Vermilion County Unclassifiable/Attainment    
Wabash County Unclassifiable/Attainment    
Warren County Unclassifiable/Attainment    
Washington County Unclassifiable/Attainment    
Wayne County Unclassifiable/Attainment    
White County Unclassifiable/Attainment    
Whiteside County Unclassifiable/Attainment    
Williamson County Unclassifiable/Attainment    
Winnebago County Unclassifiable/Attainment    
Woodford County Unclassifiable/Attainment    

16.In § 81.315, the table entitled “Indiana—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.315 Indiana.

Indiana—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Chicago-Gary-Lake County, IL-IN:        
Lake County Nonattainment Subpart 2/Moderate.
Porter County Nonattainment Subpart 2/Moderate.
Cincinnati-Hamilton, OH-KY-IN:        
Dearborn County (part) Nonattainment Subpart 1.
Lawrenceburg Township        
Evansville, IN:        
Vanderburgh County Nonattainment Subpart 1.
Warrick County Nonattainment Subpart 1.
Fort Wayne, IN:        
Allen County Nonattainment Subpart 1.
Greene Co., IN:        
Greene County Nonattainment Subpart 1.
Indianapolis, IN:        
Boone County Nonattainment Subpart 1.
Hamilton County Nonattainment Subpart 1.
Hancock County Nonattainment Subpart 1.
Hendricks County Nonattainment Subpart 1.
Johnson County Nonattainment Subpart 1.
Madison County Nonattainment Subpart 1.
Marion County Nonattainment Subpart 1.
Morgan County Nonattainment Subpart 1.
Shelby County Nonattainment Subpart 1.
Jackson Co., IN:        
Jackson County Nonattainment Subpart 1.
La Porte Co., IN:        
La Porte County Nonattainment Subpart 2/Moderate.
Louisville, KY-IN:        
Clark County Nonattainment Subpart 1.
Floyd County Nonattainment Subpart 1.
Muncie, IN:        
Delaware County Nonattainment Subpart 1.
South Bend-Elkhart, IN:        
Elkhart County Nonattainment Subpart 1.
St. Joseph County Nonattainment Subpart 1.
Terre Haute, IN:        
Vigo County Nonattainment Subpart 1.
Rest of State        
Adams County Unclassifiable/Attainment.
Bartholomew County Unclassifiable/Attainment.  
Benton County Unclassifiable/Attainment.  
Blackford County Unclassifiable/Attainment.  
Brown County Unclassifiable/Attainment.  
Carroll County Unclassifiable/Attainment.  
Cass County Unclassifiable/Attainment.  
Clay County Unclassifiable/Attainment.  
Clinton County Unclassifiable/Attainment.  
Crawford County Unclassifiable/Attainment.  
Daviess County Unclassifiable/Attainment.  
De Kalb County Unclassifiable/Attainment.  
Dearborn County (part) remainder Unclassifiable/Attainment.  
Decatur County Unclassifiable/Attainment.  
Dubois County Unclassifiable/Attainment.  
Fayette County Unclassifiable/Attainment.  
Fountain County Unclassifiable/Attainment.  
Franklin County Unclassifiable/Attainment.  
Fulton County Unclassifiable/Attainment.  
Gibson County Unclassifiable/Attainment.  
Grant County Unclassifiable/Attainment.  
Harrison County Unclassifiable/Attainment.  
Henry County Unclassifiable/Attainment.  
Howard County Unclassifiable/Attainment.  
Huntington County Unclassifiable/Attainment.  
Jasper County Unclassifiable/Attainment.  
Jay County Unclassifiable/Attainment.  
Jefferson County Unclassifiable/Attainment.  
Jennings County Unclassifiable/Attainment.  
Knox County Unclassifiable/Attainment.  
Kosciusko County Unclassifiable/Attainment.  
LaGrange County Unclassifiable/Attainment.  
Lawrence County Unclassifiable/Attainment.  
Marshall County Unclassifiable/Attainment.  
Martin County Unclassifiable/Attainment.  
Miami County Unclassifiable/Attainment.  
Monroe County Unclassifiable/Attainment.  
Montgomery County Unclassifiable/Attainment.  
Newton County Unclassifiable/Attainment.  
Noble County Unclassifiable/Attainment.  
Ohio County Unclassifiable/Attainment.  
Orange County Unclassifiable/Attainment.  
Owen County Unclassifiable/Attainment.  
Parke County Unclassifiable/Attainment.  
Perry County Unclassifiable/Attainment.  
Pike County Unclassifiable/Attainment.  
Posey County Unclassifiable/Attainment.  
Pulaski County Unclassifiable/Attainment.  
Putnam County Unclassifiable/Attainment.  
Randolph County Unclassifiable/Attainment.  
Ripley County Unclassifiable/Attainment.  
Rush County Unclassifiable/Attainment.  
Scott County Unclassifiable/Attainment.  
Spencer County Unclassifiable/Attainment.  
Starke County Unclassifiable/Attainment.  
Steuben County Unclassifiable/Attainment.  
Sullivan County Unclassifiable/Attainment.  
Switzerland County Unclassifiable/Attainment.  
Tippecanoe County Unclassifiable/Attainment.  
Tipton County Unclassifiable/Attainment.  
Union County Unclassifiable/Attainment.  
Vermillion County Unclassifiable/Attainment.  
Wabash County Unclassifiable/Attainment.  
Warren County Unclassifiable/Attainment.  
Warrick County Unclassifiable/Attainment.  
Washington County Unclassifiable/Attainment.  
Wayne County Unclassifiable/Attainment.  
Wells County Unclassifiable/Attainment.  
White County Unclassifiable/Attainment.  
Whitley County Unclassifiable/Attainment.  

17.In § 81.316, the table entitled “Iowa—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.316 Iowa.

* * * * *

Iowa—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Statewide Unclassifiable/Attainment.
Adair County        
Adams County        
Allamakee County        
Appanoose County        
Audubon County        
Benton County        
Black Hawk County        
Boone County        
Bremer County        
Buchanan County        
Buena Vista County        
Butler County        
Calhoun County        
Carroll County        
Cass County        
Cedar County        
Cerro Gordo County        
Cherokee County        
Chickasaw County        
Clarke County        
Clay County        
Clayton County        
Clinton County        
Crawford County        
Dallas County        
Davis County        
Decatur County        
Delaware County        
Des Moines County        
Dickinson County        
Dubuque County        
Emmet County        
Fayette County        
Floyd County        
Franklin County        
Fremont County        
Greene County        
Grundy County        
Guthrie County        
Hamilton County        
Hancock County        
Hardin County        
Harrison County        
Henry County        
Howard County        
Humboldt County        
Ida County        
Iowa County        
Jackson County        
Jasper County        
Jefferson County        
Johnson County        
Jones County        
Keokuk County        
Kossuth County        
Lee County        
Linn County        
Louisa County        
Lucas County        
Lyon County        
Madison County        
Mahaska County        
Marion County        
Marshall County        
Mills County        
Mitchell County        
Monona County        
Monroe County        
Montgomery County        
Muscatine County        
O'Brien County        
Osceola County        
Page County        
Palo Alto County        
Plymouth County        
Pocahontas County        
Polk County        
Pottawattamie County        
Poweshiek County        
Ringgold County        
Sac County        
Scott County        
Shelby County        
Sioux County        
Story County        
Tama County        
Taylor County        
Union County        
Van Buren County        
Wapello County        
Warren County        
Washington County        
Wayne County        
Webster County        
Winnebago County        
Winneshiek County        
Woodbury County        
Worth County        
Wright County        

18.In § 81.317, the table entitled “Kansas—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.317 Kansas.

* * * * *

Kansas—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
bThis area is given an “Unclassifiable” designation. EPA will review all available information and make an attainment or nonattainment decision after reviewing the 2004 data.
1This date is June 15, 2004, unless otherwise noted.
Kansas City, KS-MO:        
Johnson County Unclassifiableb    
Linn County Unclassifiableb    
Miami County Unclassifiableb    
Wyandotte County Unclassifiableb    
Rest of State:        
Allen County Unclassifiable/Attainment.  
Anderson County Unclassifiable/Attainment.  
Atchison County Unclassifiable/Attainment.  
Barber County Unclassifiable/Attainment.  
Barton County Unclassifiable/Attainment.  
Bourbon County Unclassifiable/Attainment.  
Brown County Unclassifiable/Attainment.  
Butler County Unclassifiable/Attainment.  
Chase County Unclassifiable/Attainment.  
Chautauqua County Unclassifiable/Attainment.  
Cherokee County Unclassifiable/Attainment.  
Cheyenne County Unclassifiable/Attainment.  
Clark County Unclassifiable/Attainment.  
Clay County Unclassifiable/Attainment.  
Cloud County Unclassifiable/Attainment.  
Coffey County Unclassifiable/Attainment.  
Comanche County Unclassifiable/Attainment.  
Cowley County Unclassifiable/Attainment.  
Crawford County Unclassifiable/Attainment.  
Decatur County Unclassifiable/Attainment.  
Dickinson County Unclassifiable/Attainment.  
Doniphan County Unclassifiable/Attainment.  
Douglas County Unclassifiable/Attainment.  
Edwards County Unclassifiable/Attainment.  
Elk County Unclassifiable/Attainment.  
Ellis County Unclassifiable/Attainment.  
Ellsworth County Unclassifiable/Attainment.  
Finney County Unclassifiable/Attainment.  
Ford County Unclassifiable/Attainment.  
Franklin County Unclassifiable/Attainment.  
Geary County Unclassifiable/Attainment.  
Gove County Unclassifiable/Attainment.  
Graham County Unclassifiable/Attainment.  
Grant County Unclassifiable/Attainment.  
Gray County Unclassifiable/Attainment.  
Greeley County Unclassifiable/Attainment.  
Greenwood County Unclassifiable/Attainment.  
Hamilton County Unclassifiable/Attainment.  
Harper County Unclassifiable/Attainment.  
Harvey County Unclassifiable/Attainment.  
Haskell County Unclassifiable/Attainment.  
Hodgeman County Unclassifiable/Attainment.  
Jackson County Unclassifiable/Attainment.  
Jefferson County Unclassifiable/Attainment.  
Jewell County Unclassifiable/Attainment.  
Kearny County Unclassifiable/Attainment.  
Kingman County Unclassifiable/Attainment.  
Kiowa County Unclassifiable/Attainment.  
Labette County Unclassifiable/Attainment.  
Lane County Unclassifiable/Attainment.  
Leavenworth County Unclassifiable/Attainment.  
Lincoln County Unclassifiable/Attainment.  
Logan County Unclassifiable/Attainment.  
Lyon County Unclassifiable/Attainment.  
Marion County Unclassifiable/Attainment.  
Marshall County Unclassifiable/Attainment.  
McPherson County Unclassifiable/Attainment.  
Meade County Unclassifiable/Attainment.  
Mitchell County Unclassifiable/Attainment.  
Montgomery County Unclassifiable/Attainment.  
Morris County Unclassifiable/Attainment.  
Morton County Unclassifiable/Attainment.  
Nemaha County Unclassifiable/Attainment.  
Neosho County Unclassifiable/Attainment.  
Ness County Unclassifiable/Attainment.  
Norton County Unclassifiable/Attainment.  
Osage County Unclassifiable/Attainment.  
Osborne County Unclassifiable/Attainment.  
Ottawa County Unclassifiable/Attainment.  
Pawnee County Unclassifiable/Attainment.  
Phillips County Unclassifiable/Attainment.  
Pottawatomie County Unclassifiable/Attainment.  
Pratt County Unclassifiable/Attainment.  
Rawlins County Unclassifiable/Attainment.  
Reno County Unclassifiable/Attainment.  
Republic County Unclassifiable/Attainment.  
Rice County Unclassifiable/Attainment.  
Riley County Unclassifiable/Attainment.  
Rooks County Unclassifiable/Attainment.  
Rush County Unclassifiable/Attainment.  
Russell County Unclassifiable/Attainment.  
Saline County Unclassifiable/Attainment.  
Scott County Unclassifiable/Attainment.  
Sedgwick County Unclassifiable/Attainment.  
Seward County Unclassifiable/Attainment.  
Shawnee County Unclassifiable/Attainment.  
Sheridan County Unclassifiable/Attainment.  
Sherman County Unclassifiable/Attainment.  
Smith County Unclassifiable/Attainment.  
Stafford County Unclassifiable/Attainment.  
Stanton County Unclassifiable/Attainment.  
Stevens County Unclassifiable/Attainment.  
Sumner County Unclassifiable/Attainment.  
Thomas County Unclassifiable/Attainment.  
Trego County Unclassifiable/Attainment.  
Wabaunsee County Unclassifiable/Attainment.  
Wallace County Unclassifiable/Attainment.  
Washington County Unclassifiable/Attainment.  
Wichita County Unclassifiable/Attainment.  
Wilson County Unclassifiable/Attainment.  
Woodson County Unclassifiable/Attainment.  

19.In § 81.318, the table entitled “Kentucky—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.318 Kentucky.

* * * * *

Kentucky—Ozone (8-Hour Standard) Back to Top
Designation Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Cincinnati-Hamilton, OH-KY-IN:        
Boone County Nonattainment Subpart 1.
Campbell County Nonattainment Subpart 1.
Kenton County Nonattainment Subpart 1.
Clarkesville-Hopkinsville, TN-KY:        
Christian County Nonattainment Subpart 1.
Louisville, KY-IN:        
Bullitt County Nonattainment Subpart 1.
Jefferson County Nonattainment Subpart 1.
Oldham County Nonattainment Subpart 1.
Huntington-Ashland, WV-KY:        
Boyd County Nonattainment Subpart 1.
Rest of State        
Adair County Unclassifiable/Attainment    
Allen County Unclassifiable/Attainment    
Anderson County Unclassifiable/Attainment    
Ballard County Unclassifiable/Attainment    
Barren County Unclassifiable/Attainment    
Bath County Unclassifiable/Attainment    
Bell County Unclassifiable/Attainment    
Bourbon County Unclassifiable/Attainment    
Boyle County Unclassifiable/Attainment    
Bracken County Unclassifiable/Attainment    
Breathitt County Unclassifiable/Attainment    
Breckinridge County Unclassifiable/Attainment    
Butler County Unclassifiable/Attainment    
Caldwell County Unclassifiable/Attainment    
Calloway County Unclassifiable/Attainment    
Carlisle County Unclassifiable/Attainment    
Carroll County Unclassifiable/Attainment    
Carter County Unclassifiable/Attainment    
Casey County Unclassifiable/Attainment    
Clark County Unclassifiable/Attainment    
Clay County Unclassifiable/Attainment    
Clinton County Unclassifiable/Attainment    
Crittenden County Unclassifiable/Attainment    
Cumberland County Unclassifiable/Attainment    
Daviess County Unclassifiable/Attainment    
Edmonson County Unclassifiable/Attainment    
Elliott County Unclassifiable/Attainment    
Estill County Unclassifiable/Attainment    
Fayette County Unclassifiable/Attainment    
Fleming County Unclassifiable/Attainment    
Floyd County Unclassifiable/Attainment    
Franklin County Unclassifiable/Attainment    
Fulton County Unclassifiable/Attainment    
Gallatin County Unclassifiable/Attainment    
Garrard County Unclassifiable/Attainment    
Grant County Unclassifiable/Attainment    
Graves County Unclassifiable/Attainment    
Grayson County Unclassifiable/Attainment    
Green County Unclassifiable/Attainment    
Greenup County Unclassifiable/Attainment    
Hancock County Unclassifiable/Attainment    
Hardin County Unclassifiable/Attainment    
Harlan County Unclassifiable/Attainment    
Harrison County Unclassifiable/Attainment    
Hart County Unclassifiable/Attainment    
Henderson County Unclassifiable/Attainment    
Henry County Unclassifiable/Attainment    
Hickman County Unclassifiable/Attainment    
Hopkins County Unclassifiable/Attainment    
Jackson County Unclassifiable/Attainment    
Jessamine County Unclassifiable/Attainment    
Johnson County Unclassifiable/Attainment    
Knott County Unclassifiable/Attainment    
Knox County Unclassifiable/Attainment    
Larue County Unclassifiable/Attainment    
Laurel County Unclassifiable/Attainment    
Lawrence County Unclassifiable/Attainment    
Lee County. Unclassifiable/Attainment    
Leslie County Unclassifiable/Attainment    
Letcher County Unclassifiable/Attainment    
Lewis County Unclassifiable/Attainment    
Lincoln County Unclassifiable/Attainment    
Livingston County Unclassifiable/Attainment    
Logan County Unclassifiable/Attainment    
Lyon County Unclassifiable/Attainment    
Madison County Unclassifiable/Attainment    
Magoffin County Unclassifiable/Attainment    
Marion County Unclassifiable/Attainment    
Marshall County Unclassifiable/Attainment    
Martin County Unclassifiable/Attainment    
Mason County Unclassifiable/Attainment    
McCracken County Unclassifiable/Attainment    
McCreary County Unclassifiable/Attainment    
McLean County Unclassifiable/Attainment    
Meade County Unclassifiable/Attainment    
Menifee County Unclassifiable/Attainment    
Mercer County Unclassifiable/Attainment    
Metcalfe County Unclassifiable/Attainment    
Monroe County Unclassifiable/Attainment    
Montgomery County Unclassifiable/Attainment    
Morgan County Unclassifiable/Attainment    
Muhlenberg County Unclassifiable/Attainment    
Nelson County Unclassifiable/Attainment    
Nicholas County Unclassifiable/Attainment    
Ohio County Unclassifiable/Attainment    
Owen County Unclassifiable/Attainment    
Owsley County Unclassifiable/Attainment    
Pendleton County Unclassifiable/Attainment    
Perry County Unclassifiable/Attainment    
Pike County Unclassifiable/Attainment    
Powell County Unclassifiable/Attainment    
Pulaski County Unclassifiable/Attainment    
Robertson County Unclassifiable/Attainment    
Rockcastle County Unclassifiable/Attainment    
Rowan County Unclassifiable/Attainment    
Russell County Unclassifiable/Attainment    
Scott County Unclassifiable/Attainment    
Shelby County Unclassifiable/Attainment    
Simpson County Unclassifiable/Attainment    
Spencer County Unclassifiable/Attainment    
Taylor County Unclassifiable/Attainment    
Todd County Unclassifiable/Attainment    
Trigg County Unclassifiable/Attainment    
Trimble County Unclassifiable/Attainment    
Union County Unclassifiable/Attainment    
Warren County Unclassifiable/Attainment    
Washington County Unclassifiable/Attainment    
Wayne County Unclassifiable/Attainment    
Webster County Unclassifiable/Attainment    
Whitley County Unclassifiable/Attainment    
Wolfe County Unclassifiable/Attainment    
Woodford County Unclassifiable/Attainment    

20.In § 81.319, the table entitled “Louisiana—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.319 Louisiana.

* * * * *

Louisiana—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Baton Rouge, LA:        
Ascension Parish Nonattainment Subpart 2/Marginal.
East Baton Rouge Parish Nonattainment Subpart 2/Marginal.
Iberville Parish Nonattainment Subpart 2/Marginal.
Livingston Parish Nonattainment Subpart 2/Marginal.
West Baton Rouge Parish Nonattainment Subpart 2/Marginal.
Beauregard Parish Area, LA:        
Beauregard Parish Unclassifiable/Attainment    
Grant Parish Area:        
Grant Parish Unclassifiable/Attainment    
Lafayette Area:        
Lafayette Parish Unclassifiable/Attainment    
Lafourche Parish Area:        
Lafourche Parish Unclassifiable/Attainment    
Lake Charles Area:        
Calcasieu Parish Unclassifiable/Attainment    
New Orleans Area:        
Jefferson Parish Unclassifiable/Attainment    
Orleans Parish Unclassifiable/Attainment    
St. Bernard Parish Unclassifiable/Attainment    
St. Charles Parish Unclassifiable/Attainment    
Pointe Coupee Area:        
Pointe Coupee Parish Unclassifiable/Attainment    
St. James Parish Area:        
St. James Parish Unclassifiable/Attainment    
St. Mary Parish Area:        
St. Mary Parish Unclassifiable/Attainment    
AQCR 019 Monroe-El Dorado Interstate Unclassifiable/Attainment    
Caldwell Parish        
Catahoula Parish        
Concordia Parish        
East Carroll Parish        
Franklin Parish        
La Salle Parish        
Madison Parish        
Morehouse Parish        
Ouachita Parish        
Richland Parish        
Tensas Parish        
Union Parish        
West Carroll Parish        
AQCR 022 Shreveport-Texarkana-Tyler Interstate Unclassifiable/Attainment    
Bienville Parish        
Bossier Parish        
Caddo Parish        
Claiborne Parish        
De Soto Parish        
Jackson Parish        
Lincoln Parish        
Natchitoches Parish        
Red River Parish        
Sabine Parish        
Webster Parish        
Winn Parish        
AQCR 106 S. Louisiana-S.E. Texas Interstate:        
St. John the Baptist Parish Unclassifiable/Attainment    
AQCR 106 S. Louisiana-S.E. Texas Interstate Unclassifiable/Attainment    
Acadia Parish        
Allen Parish        
Assumption Parish        
Avoyelles Parish        
Cameron Parish        
East Feliciana Parish        
Evangeline Parish        
Iberia Parish        
Jefferson Davis Parish        
Plaquemines Parish        
Rapides Parish        
St. Helena Parish        
St. Landry Parish        
St. Martin Parish        
St. Tammany Parish        
Tangipahoa Parish        
Terrebonne Parish        
Vermilion Parish        
Vernon Parish        
Washington Parish        
West Feliciana Parish        

21.In § 81.320, the table entitled “Maine—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.320 Maine.

* * * * *

Maine—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Hancock, Knox, Lincoln and Waldo Cos., ME:        
Hancock County (part) Nonattainment Subpart 1.
(includes only the following cities and towns): Bar Harbor, Blue Hill, Brooklin, Brooksville, Cranberry Isle, Deer Isle, Frenchboro, Gouldsboro, Hancock, Lamoine, Mount Desert, Sedgwick, Sorrento, Southwest Harbor, Stonington, Sullivan, Surry, Swans Island, Tremont, Trenton, and Winter Harbor        
Knox County (part) Nonattainment Subpart 1.
(includes only the following cities and towns): Camden, Criehaven, Cushing, Friendship, Isle au Haut, Matinicus Isle, Muscle Ridge Shoals, North Haven, Owls Head, Rockland, Rockport, St. George, South Thomaston, Thomaston, Vinalhaven, and Warren        
Lincoln County (part) Nonattainment Subpart 1.
(includes only the following cities and towns): Alna, Boothbay, Boothbay Harbor, Breman, Bristol, Damariscotta, Dresden, Edgecomb, Monhegan, Newcastle, Nobleboro, South Bristol, Southport, Waldoboro, Westport, and Wiscasset        
Waldo County (part) Nonattainment Subpart 1.
(includes only the following town): Islesboro        
Portland, ME:        
Androscoggin County (part) Nonattainment Subpart 2/Marginal.
(includes only the following town): Durham        
Cumberland County (part) Nonattainment Subpart 2/Marginal.
(includes only the following cities and towns): Brunswick, Cape Elizabeth, Casco, Cumberland, Falmouth, Freeport, Frye Island, Gorham, Gray, Harpswell, Long Island, New Gloucester, North Yarmouth, Portland, Pownal, Raymond, Scarborough, South Portland, Standish, Westbrook, Windham, and Yarmouth        
Sagadahoc County Nonattainment Subpart 2/Marginal.
(includes all cities towns)        
York County (part) Nonattainment Subpart 2/Marginal.
(includes only the following cities and towns): Alfred, Arundel, Berwick, Biddeford, Buxton, Dayton, Elliot, Hollis, Kennebunk, Kennebunkport, Kittery, Limington, Lyman, North Berwick, Ogunquit, Old Orchard Beach, Saco, Sanford, South Berwick, Wells, and York        
Rest of State Unclassifiable Attainment    
Androscoggin County (part) remainder        
Aroostook County        
Cumberland County (part) remainder        
Franklin County        
Hancock County (part) remainder        
Kennebec County        
Knox County (part) remainder        
Lincoln County (part) remainder        
Oxford County        
Penobscot County        
Piscataquis County        
Somerset County        
Waldo County (part) remainder        
Washington County        
York County (part) remainder        

22.In § 81.321, the table entitled “Maryland—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.321 Maryland.

* * * * *

Maryland—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
2Early Action Compact Area, effective date deferred until September 30, 2005.
Baltimore, MD:        
Anne Arundel County Nonattainment Subpart 2/Moderate.
City of Baltimore Nonattainment Subpart 2/Moderate.
Baltimore County Nonattainment Subpart 2/Moderate.
Carroll County Nonattainment Subpart 2/Moderate.
Harford County Nonattainment Subpart 2/Moderate.
Howard County Nonattainment Subpart 2/Moderate.
Kent and Queen Anne's Cos., MD:        
Kent County Nonattainment Subpart 2/Moderate.
Queen Anne's County Nonattainment Subpart 2/Moderate.
Washington Co. (Hagerstown), MD:        
Washington County (2) Nonattainment (2) Subpart 1.
Philadelphia-Wilmin-Atlantic Ci, PA-NJ-MD-DE:        
Cecil County Nonattainment Subpart 2/Moderate.
Washington, DC-MD-VA:        
Calvert County Nonattainment Subpart 2/Moderate.
Charles County Nonattainment Subpart 2/Moderate.
Frederick County Nonattainment Subpart 2/Moderate.
Montgomery County Nonattainment Subpart 2/Moderate.
Prince George's County Nonattainment Subpart 2/Moderate.
AQCR 113 Cumberland-Keyser Interstate Unclassifiable/Attainment    
Allegany County        
Garrett County        
AQCR 114 Eastern Shore Interstate (remainder of) Unclassifiable/Attainment    
Caroline County        
Dorchester County        
Somerset County        
Talbot County        
Wicomico County        
Worcester County        
AQCR 116 Southern Maryland Intrastate (remainder of) Unclassifiable/Attainment    
St. Mary's County        

23.In § 81.322, the table entitled “Massachusetts—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.322 Massachusetts.

* * * * *

Massachusetts—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Boston-Lawrence-Worcester (E. Mass), MA:        
Barnstable County Nonattainment Subpart 2/Moderate.
Bristol County Nonattainment Subpart 2/Moderate.
Dukes County Nonattainment Subpart 2/Moderate.
Essex County Nonattainment Subpart 2/Moderate.
Middlesex County Nonattainment Subpart 2/Moderate.
Nantucket County Nonattainment Subpart 2/Moderate.
Norfolk County Nonattainment Subpart 2/Moderate.
Plymouth County Nonattainment Subpart 2/Moderate.
Suffolk County Nonattainment Subpart 2/Moderate.
Worcester County Nonattainment Subpart 2/Moderate.
Springfield (W. Mass), MA:        
Berkshire County Nonattainment Subpart 2/Moderate.
Franklin County Nonattainment Subpart 2/Moderate.
Hampden County Nonattainment Subpart 2/Moderate.
Hampshire County Nonattainment Subpart 2/Moderate.

24.In § 81.323, the table entitled “Michigan—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.323 Michigan.

* * * * *

Michigan—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Allegan Co., MI:        
Allegan County Nonattainment Subpart 1.
Barry County Area:        
Barry County Unclassifiable/Attainment    
Benton Harbor, MI:        
Berrien County Nonattainment Subpart 1.
Benzie Co., MI:        
Benzie County Nonattainment Subpart 1.
Branch County Area:        
Branch County Unclassifiable/Attainment    
Cass County, MI:        
Cass County Nonattainment Subpart 2/Moderate.
Detroit-Ann Arbor, MI:        
Lenawee County Nonattainment Subpart 2/Moderate.
Livingston County Nonattainment Subpart 2/Moderate.
Macomb County Nonattainment Subpart 2/Moderate.
Monroe County Nonattainment Subpart 2/Moderate.
Oakland County Nonattainment Subpart 2/Moderate.
St Clair County Nonattainment Subpart 2/Moderate.
Washtenaw County Nonattainment Subpart 2/Moderate.
Wayne County Nonattainment Subpart 2/Moderate.
Flint, MI:        
Genesee County Nonattainment Subpart 1.
Lapeer County Nonattainment Subpart 1.
Grand Rapids, MI:        
Kent County Nonattainment Subpart 1.
Ottawa County Nonattainment Subpart 1.
Gratiot County Area:        
Gratiot County Unclassifiable/Attainment    
Hillsdale County Area:        
Hillsdale County Unclassifiable/Attainment    
Huron Co, MI:        
Huron County Nonattainment Subpart 1.
Ionia County Area:        
Ionia County Unclassifiable/Attainment    
Jackson Area:        
Jackson County Unclassifiable/Attainment    
Kalamazoo-Battle Creek, MI:        
Calhoun County Nonattainment Subpart 1.
Kalamazoo County Nonattainment Subpart 1.
Van Buren County Nonattainment Subpart 1.
Lansing-East Lansing, MI:        
Clinton County Nonattainment Subpart 1.
Eaton County Nonattainment Subpart 1.
Ingham County Nonattainment Subpart 1.
Mason Co, MI:        
Mason County Nonattainment Subpart 1.
Montcalm Area:        
Montcalm County Unclassifiable/Attainment    
Muskegon, MI:        
Muskegon County Nonattainment Subpart 2/Moderate.
Saginaw-Bay City-Midland Area:        
Bay County Unclassifiable/Attainment    
Midland County Unclassifiable/Attainment    
Saginaw County Unclassifiable/Attainment    
Sanilac County Area:        
Sanilac County Unclassifiable/Attainment    
Shiawassee County Area:        
Shiawassee County Unclassifiable/Attainment    
St Joseph County Area:        
St Joseph County Unclassifiable/Attainment    
Tuscola County Area:        
Tuscola County Unclassifiable/Attainment    
AQCR 122 Central Michigan Intrastate (remainder of) Unclassifiable/Attainment    
Arenac County        
Clare County        
Gladwin County        
Iosco County        
Isabella County        
Lake County        
Mecosta County        
Newaygo County        
Oceana County        
Ogemaw County        
Osceola County        
Roscommon County        
AQCR 126 Upper Michigan Intrastate (part) Unclassifiable/Attainment    
Marquette County        
AQCR 126 Upper Michigan Intrastate (remainder of) Unclassifiable/Attainment    
Alcona County        
Alger County        
Alpena County        
Antrim County        
Baraga County        
Charlevoix County        
Cheboygan County        
Chippewa County        
Crawford County        
Delta County        
Dickinson County        
Emmet County        
Gogebic County        
Grand Traverse County        
Houghton County        
Iron County        
Kalkaska County        
Keweenaw County        
Leelanau County        
Luce County        
Mackinac County        
Manistee County        
Menominee County        
Missaukee County        
Montmorency County        
Ontonagon County        
Oscoda County        
Otsego County        
Presque Isle County        
Schoolcraft County        
Wexford County        

25.In § 81.324, the table entitled “Minnesota—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.324 Minnesota.

* * * * *

Minnesota—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Minneapolis-Saint Paul Area:        
Anoka County Unclassifiable/Attainment    
Carver County Unclassifiable/Attainment    
Dakota County Unclassifiable/Attainment    
Hennepin County Unclassifiable/Attainment    
Ramsey County Unclassifiable/Attainment    
Scott County Unclassifiable/Attainment    
Washington County Unclassifiable/Attainment    
Rest of State Unclassifiable/Attainment    
Aitkin County Unclassifiable/Attainment    
Becker County Unclassifiable/Attainment    
Beltrami County Unclassifiable/Attainment    
Benton County Unclassifiable/Attainment    
Big Stone County Unclassifiable/Attainment    
Blue Earth County Unclassifiable/Attainment    
Brown County Unclassifiable/Attainment    
Carlton County Unclassifiable/Attainment    
Cass County Unclassifiable/Attainment    
Chippewa County Unclassifiable/Attainment    
Chisago County Unclassifiable/Attainment    
Clay County Unclassifiable/Attainment    
Clearwater County Unclassifiable/Attainment    
Cook County Unclassifiable/Attainment    
Cottonwood County Unclassifiable/Attainment    
Crow Wing County Unclassifiable/Attainment    
Dodge County Unclassifiable/Attainment    
Douglas County Unclassifiable/Attainment    
Faribault County Unclassifiable/Attainment    
Fillmore County Unclassifiable/Attainment    
Freeborn County Unclassifiable/Attainment    
Goodhue County Unclassifiable/Attainment    
Grant County Unclassifiable/Attainment    
Houston County Unclassifiable/Attainment    
Hubbard County Unclassifiable/Attainment    
Isanti County Unclassifiable/Attainment    
Itasca County Unclassifiable/Attainment    
Jackson County Unclassifiable/Attainment    
Kanabec County Unclassifiable/Attainment    
Kandiyohi County Unclassifiable/Attainment    
Kittson County Unclassifiable/Attainment    
Koochiching County Unclassifiable/Attainment    
Lac qui Parle County Unclassifiable/Attainment    
Lake County Unclassifiable/Attainment    
Lake of the Woods County Unclassifiable/Attainment    
Le Sueur County Unclassifiable/Attainment    
Lincoln County Unclassifiable/Attainment    
Lyon County Unclassifiable/Attainment    
Mahnomen County Unclassifiable/Attainment    
Marshall County Unclassifiable/Attainment    
Martin County Unclassifiable/Attainment    
McLeod County Unclassifiable/Attainment    
Meeker County Unclassifiable/Attainment    
Mille Lacs County Unclassifiable/Attainment    
Morrison County Unclassifiable/Attainment    
Mower County Unclassifiable/Attainment    
Murray County Unclassifiable/Attainment    
Nicollet County Unclassifiable/Attainment    
Nobles County Unclassifiable/Attainment    
Norman County Unclassifiable/Attainment    
Olmsted County Unclassifiable/Attainment    
Otter Tail County Unclassifiable/Attainment    
Pennington County Unclassifiable/Attainment    
Pine County Unclassifiable/Attainment    
Pipestone County Unclassifiable/Attainment    
Polk County Unclassifiable/Attainment    
Pope County Unclassifiable/Attainment    
Red Lake County Unclassifiable/Attainment    
Redwood County Unclassifiable/Attainment    
Renville County Unclassifiable/Attainment    
Rice County Unclassifiable/Attainment    
Rock County Unclassifiable/Attainment    
Roseau County Unclassifiable/Attainment    
St. Louis County Unclassifiable/Attainment    
Sherburne County Unclassifiable/Attainment    
Sibley County Unclassifiable/Attainment    
Stearns County Unclassifiable/Attainment    
Steele County Unclassifiable/Attainment    
Stevens County Unclassifiable/Attainment    
Swift County Unclassifiable/Attainment    
Todd County Unclassifiable/Attainment    
Traverse County Unclassifiable/Attainment    
Wabasha County Unclassifiable/Attainment    
Wadena County Unclassifiable/Attainment    
Waseca County Unclassifiable/Attainment    
Watonwan County Unclassifiable/Attainment    
Wilkin County Unclassifiable/Attainment    
Winona County Unclassifiable/Attainment    
Wright County Unclassifiable/Attainment    
Yellow Medicine County Unclassifiable/Attainment    

26.In § 81.325, the table entitled “Mississippi—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.325 Mississippi.

* * * * *

Mississippi—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Statewide Unclassifiable/Attainment.
Adams County        
Alcorn County        
Amite County        
Attala County        
Benton County        
Bolivar County        
Calhoun County        
Carroll County        
Chickasaw County        
Choctaw County        
Claiborne County        
Clarke County        
Clay County        
Coahoma County        
Copiah County        
Covington County        
DeSoto County        
Forrest County        
Franklin County        
George County        
Greene County        
Grenada County        
Hancock County        
Harrison County        
Hinds County        
Holmes County        
Humphreys County        
Issaquena County        
Itawamba County        
Jackson County        
Jasper County        
Jefferson County        
Jefferson Davis County        
Jones County        
Kemper County        
Lafayette County        
Lamar County        
Lauderdale County        
Lawrence County        
Leake County        
Lee County        
Leflore County        
Lincoln County        
Lowndes County        
Madison County        
Marion County        
Marshall County        
Monroe County        
Montgomery County        
Neshoba County        
Newton County        
Noxubee County        
Oktibbeha County        
Panola County        
Pearl River County        
Perry County        
Pike County        
Pontotoc County        
Prentiss County        
Quitman County        
Rankin County        
Scott County        
Sharkey County        
Simpson County        
Smith County        
Stone County        
Sunflower County        
Tallahatchie County        
Tate County        
Tippah County        
Tishomingo County        
Tunica County        
Union County        
Walthall County        
Warren County        
Washington County        
Wayne County        
Webster County        
Wilkinson County        
Winston County        
Yalobusha County        
Yazoo County        

27.In § 81.326, the table entitled “Missouri—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.326 Missouri.

* * * * *

Missouri—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
bThis area is given an “ Unclassifiable” designation. EPA will review all available information and make an attainment or nonattainment decision after reviewing the 2004 data.
1This date is June 15, 2004, unless otherwise noted.
Kansas City, MO-KS:        
Cass County Unclassifiableb.  
Clay County Unclassifiableb.  
Jackson County Unclassifiableb.  
Platte County Unclassifiableb.  
St. Louis, MO-IL:        
Franklin County Nonattainment Subpart 2/Moderate.
Jefferson County Nonattainment Subpart 2/Moderate.
St. Charles County Nonattainment Subpart 2/Moderate.
St. Louis City Nonattainment Subpart 2/Moderate.
St. Louis County. Nonattainment Subpart 2/Moderate.
AQCR 094 Metro Kansas City Interstate Unclassifiable/Attainment.  
Buchanan County        
Ray County        
AQCR 137 N. Missouri Intrastate (part)        
Pike County Unclassifiable/Attainment.  
Ralls County Unclassifiable/Attainment.  
AQCR 137 N. Missouri Intrastate (remainder of) Unclassifiable/Attainment.  
Adair County        
Andrew County        
Atchison County        
Audrain County        
Boone County        
Caldwell County        
Callaway County        
Carroll County        
Chariton County        
Clark County        
Clinton County        
Cole County        
Cooper County        
Daviess County        
DeKalb County        
Gentry County        
Grundy County        
Harrison County        
Holt County        
Howard County        
Knox County        
Lewis County        
Lincoln County        
Linn County        
Livingston County        
Macon County        
Marion County        
Mercer County        
Moniteau County        
Monroe County        
Montgomery County        
Nodaway County        
Osage County        
Putnam County        
Randolph County        
Saline County        
Schuyler County        
Scotland County        
Shelby County        
Sullivan County        
Warren County        
Worth County        
Rest of State: Unclassifiable/Attainment  
Barry County        
Barton County        
Bates County        
Benton County        
Bollinger County        
Butler County        
Camden County        
Cape Girardeau County        
Carter County        
Cedar County        
Christian County        
Crawford County        
Dade County        
Dallas County        
Dent County        
Douglas County        
Dunklin County        
Gasconade County        
Greene County        
Henry County        
Hickory County        
Howell County        
Iron County        
Jasper County        
Johnson County        
Laclede County        
Lafayette County        
Lawrence County        
Madison County        
Maries County        
McDonald County        
Miller County        
Mississippi County        
Morgan County        
New Madrid County        
Newton County        
Oregon County        
Ozark County        
Pemiscot County        
Perry County        
Pettis County        
Phelps County        
Polk County        
Pulaski County        
Reynolds County        
Ripley County        
St. Clair County        
St. Francois County        
Ste. Genevieve County        
Scott County        
Shannon County        
Stoddard County        
Stone County        
Taney County        
Texas County        
Vernon County        
Washington County        
Wayne County        
Webster County        
Wright County        

28.In § 81.327, the table entitled “Montana—Ozone(8-Hour Standard)” is added to read as follows:

§ 81.327 Montana.

* * * * *

Montana—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Statewide:        
Beaverhead County Unclassifiable/Attainment    
Big Horn County Unclassifiable/Attainment    
Blaine County Unclassifiable/Attainment    
Broadwater County Unclassifiable/Attainment    
Carbon County Unclassifiable/Attainment    
Carter County Unclassifiable/Attainment    
Cascade County Unclassifiable/Attainment    
Chouteau County Unclassifiable/Attainment    
Custer County Unclassifiable/Attainment    
Daniels County Unclassifiable/Attainment    
Dawson County Unclassifiable/Attainment    
Deer Lodge County Unclassifiable/Attainment    
Fallon County Unclassifiable/Attainment    
Fergus County Unclassifiable/Attainment    
Flathead County Unclassifiable/Attainment    
Gallatin County Unclassifiable/Attainment    
Garfield County Unclassifiable/Attainment    
Glacier County Unclassifiable/Attainment    
Golden Valley County Unclassifiable/Attainment    
Granite County. Unclassifiable/Attainment    
Hill County Unclassifiable/Attainment    
Jefferson County Unclassifiable/Attainment    
Judith Basin County Unclassifiable/Attainment    
Lake County Unclassifiable/Attainment    
Lewis and Clark County Unclassifiable/Attainment    
Liberty County Unclassifiable/Attainment    
Lincoln County Unclassifiable/Attainment    
Madison County Unclassifiable/Attainment    
McCone County Unclassifiable/Attainment    
Meagher County Unclassifiable/Attainment    
Mineral County Unclassifiable/Attainment    
Missoula County Unclassifiable/Attainment    
Musselshell County Unclassifiable/Attainment    
Park County Unclassifiable/Attainment    
Petroleum County Unclassifiable/Attainment    
Phillips County Unclassifiable/Attainment    
Pondera County Unclassifiable/Attainment    
Powder River County Unclassifiable/Attainment    
Powell County Unclassifiable/Attainment    
Prairie County Unclassifiable/Attainment    
Ravalli County Unclassifiable/Attainment    
Richland County Unclassifiable/Attainment    
Roosevelt County Unclassifiable/Attainment    
Rosebud County Unclassifiable/Attainment    
Sanders County Unclassifiable/Attainment    
Sheridan County Unclassifiable/Attainment    
Silver Bow County Unclassifiable/Attainment    
Stillwater County Unclassifiable/Attainment    
Sweet Grass County Unclassifiable/Attainment    
Teton County Unclassifiable/Attainment    
Toole County Unclassifiable/Attainment    
Treasure County Unclassifiable/Attainment    
Valley County Unclassifiable/Attainment    
Wheatland County Unclassifiable/Attainment    
Wibaux County Unclassifiable/Attainment    
Yellowstone County Unclassifiable/Attainment    
Yellowstone Natl Park Unclassifiable/Attainment    

29.In § 81.328, the table entitled “Nebraska—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.328 Nebraska.

* * * * *

Nebraska—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Statewide: Unclassifiable/Attainment    
Adams County        
Antelope County        
Arthur County        
Banner County        
Blaine County        
Boone County        
Box Butte County        
Boyd County        
Brown County        
Buffalo County        
Burt County        
Butler County        
Cass County        
Cedar County        
Chase County        
Cherry County        
Cheyenne County        
Clay County        
Colfax County        
Cuming County        
Custer County        
Dakota County        
Dawes County        
Dawson County        
Deuel County        
Dixon County        
Dodge County        
Douglas County        
Dundy County        
Fillmore County        
Franklin County        
Frontier County        
Furnas County        
Gage County        
Garden County        
Garfield County        
Gosper County        
Grant County        
Greeley County        
Hall County        
Hamilton County        
Harlan County        
Hayes County        
Hitchcock County        
Holt County        
Hooker County        
Howard County        
Jefferson County        
Johnson County        
Kearney County        
Keith County        
Keya Paha County        
Kimball County        
Knox County        
Lancaster County        
Lincoln County        
Logan County        
Loup County        
Madison County        
McPherson County        
Merrick County        
Morrill County        
Nance County        
Nemaha County        
Nuckolls County        
Otoe County        
Pawnee County        
Perkins County        
Phelps County        
Pierce County        
Platte County        
Polk County        
Red Willow County        
Richardson County        
Rock County        
Saline County        
Sarpy County        
Saunders County        
Scotts Bluff County        
Seward County        
Sheridan County        
Sherman County        
Sioux County        
Stanton County        
Thayer County        
Thomas County        
Thurston County        
Valley County        
Washington County        
Wayne County        
Webster County        
Wheeler County        
York County        

30.In § 81.329, the table entitled “Nevada—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.329 Nevada.

* * * * *

Nevada—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Las Vegas, NV:        
Clark County Nonattainment Subpart 1
Rest of State: Unclassifiable/Attainment    
Carson City        
Churchill County        
Douglas County        
Elko County        
Esmeralda County        
Eureka County        
Humboldt County        
Lander County        
Lincoln County        
Lyon County        
Mineral County        
Nye County        
Pershing County        
Storey County        
Washoe County(Reno Area)        
White Pine County        

31.In § 81.330, the table entitled “New Hampshire—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.330 New Hampshire.

* * * * *

New Hampshire—Ozone (8-Hour Standard) Back to Top
Designated area Designateda Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Boston-Manchester-Portsmouth (SE), NH:        
Hillsborough County (part) Nonattainment Subpart 2/Moderate.
Amherst Town, Bedford Town, Brookline Town, Goffstown Town, Hollis Town, Hudson Town, Litchfield Town, Manchester City, Merrimack Town, Milford Town, Nashua City, Pelham Town        
Merrimack County (part) Nonattainment Subpart 2/Moderate.
Hooksett Town        
Rockingham County (part) Nonattainment Subpart 2/Moderate.
Atkinson Town, Auburn Town, Brentwood Town, Candia Town, Chester Town, Danville Town, Derry Town, E. Kingston Town, Epping Town, Exeter Town, Fremont Town, Greenland Town, Hampstead Town, Hampton Town, Hampton Falls Town, Kensington Town, Kingston Town, Londonderry Town, New Castle Town, Newfields Town, Newington Town, Newmarket Town, Newton Town, North Hampton Town, Plaistow Town, Portsmouth City, Raymond Town, Rye Town, Salem Town, Sandown Town, Seabrook Town, South Hampton Town, Stratham Town, Windham Town        
Strafford County (part) Nonattainment Subpart 2/Moderate.
Dover City, Durham Town, Rochester City, Rollinsford Town, and Somersworth City        
Rest of State: Unclassifiable/Attainment    
Belknap County        
Carroll County        
Cheshire County        
Coos County        
Grafton County        
Hillsborough County (part) remainder        
Merrimack County (part) remainder        
Rockingham County (part) remainder        
Strafford County (part) remainder        
Sullivan County        

32.In § 81.331, the table entitled “New Jersey—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.331 New Jersey.

* * * * *

New Jersey—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
New York-N. New Jersey-Long Island, NY-NJ-CT:        
Bergen County Nonattainment Subpart 2/Moderate.
Essex County Nonattainment Subpart 2/Moderate.
Hudson County Nonattainment Subpart 2/Moderate.
Hunterdon County Nonattainment Subpart 2/Moderate.
Middlesex County Nonattainment Subpart 2/Moderate.
Monmouth County Nonattainment Subpart 2/Moderate.
Morris County Nonattainment Subpart 2/Moderate.
Passaic County Nonattainment Subpart 2/Moderate.
Somerset County Nonattainment Subpart 2/Moderate.
Sussex County Nonattainment Subpart 2/Moderate.
Union County Nonattainment Subpart 2/Moderate.
Warren County Nonattainment Subpart 2/Moderate.
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE:        
Atlantic County Nonattainment Subpart 2/Moderate.
Burlington County Nonattainment Subpart 2/Moderate.
Camden County Nonattainment Subpart 2/Moderate.
Cape May County Nonattainment Subpart 2/Moderate.
Cumberland County Nonattainment Subpart 2/Moderate.
Gloucester County Nonattainment Subpart 2/Moderate.
Mercer County Nonattainment Subpart 2/Moderate.
Ocean County Nonattainment Subpart 2/Moderate.
Salem County Nonattainment Subpart 2/Moderate.

33.In § 81.332, the table entitled “New Mexico—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.332 New Mexico.

New Mexico—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
AQCR 012New Mexico-Southern Border Intrastate Unclassifiable/Attainment    
Grant County        
Hidalgo County        
Luna County        
AQCR 014Four Corners Interstate (see 40 CFR 81.121) Unclassifiable/Attainment    
McKinley County (part)        
Río Arriba County (part)        
San Juan County        
Sandoval County (part)        
Valencia County (part)        
AQCR 152Albuquerque-Mid Rio Grande Intrastate Unclassifiable/Attainment    
Bernalillo County (part)        
AQCR 152Albuquerque-Mid Rio Grande Unclassifiable/Attainment    
Sandoval County (part) see 40 CFR 81.83        
Valencia County (part) see 40 CFR 81.83        
AQCR 153El Paso-Las Cruces-Alamogordo Unclassifiable/Attainment    
Doña Ana County (part) (Sunland Park Area) The Area bounded by the New Mexico-Texas State line on the east, the New Mexico-Mexico international line on the south, the Range 3E-Range 2E line on the west, and the N3200 latitude line on the north.        
Doña Ana County (part) remainder Unclassifiable/Attainment    
Lincoln County Unclassifiable/Attainment    
Otero County Unclassifiable/Attainment    
Sierra County Unclassifiable/Attainment    
AQCR 154Northeastern Plains Intrastate Unclassifiable/Attainment    
Colfax County        
Guadalupe County        
Harding County        
Mora County        
San Miguel County        
Torrance County        
Union County        
AQCR 155Pecos-Permian Basin Intrastate Unclassifiable/Attainment    
Chaves County        
Curry County        
De Baca County        
Eddy County        
Lea County        
Quay County        
Roosevelt County        
AQCR 156SW Mountains-Augustine Plains Unclassifiable/Attainment    
Catron County        
Cibola County        
McKinley County (part) see 40 CFR 81.241        
Socorro County        
Valencia County (part) see 40 CFR 81.241        
AQCR 157Upper Rio Grande Valley Intrastate Unclassifiable/Attainment    
Los Alamos County        
Río Arriba County (part) see 40 CFR 81.239        
Santa Fe County        
Taos County        

34.In § 81.333, the table entitled “New York—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.333 New York.

* * * * *

New York—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
bThis area is given an “Unclassifiable” designation. EPA will review all available information and make an attainment or nonattainment decision after reviewing the 2004 data.
1This date is June 15, 2004, unless otherwise noted.
Albany-Schenectady-Troy, NY:        
Albany County Nonattainment Subpart 1.
Greene County Nonattainment Subpart 1.
Montgomery County Nonattainment Subpart 1.
Rensselaer County Nonattainment Subpart 1.
Saratoga County Nonattainment Subpart 1.
Schenectady County Nonattainment Subpart 1.
Schoharie County Nonattainment Subpart 1.
Buffalo-Niagara Falls, NY:        
Erie County Nonattainment Subpart 1.
Niagara County Nonattainment Subpart 1.
Essex County (Whiteface Mtn.), NY:        
Essex County (part) The portion of Whiteface Mountain above 1,900 feet in elevation in Essex County Nonattainment Subpart 1.
Essex County (remainder) Unclassifiable/Attainment    
Jamestown, NY:        
Chautauqua County Nonattainment Subpart 1.
Jefferson County, NY:        
Jefferson County Nonattainment Subpart 2/Moderate.
New York-N. New Jersey-Long Island, NY-NJ-CT:        
Bronx County Nonattainment Subpart 2/Moderate.
Kings County Nonattainment Subpart 2/Moderate.
Nassau County Nonattainment Subpart 2/Moderate.
New York County Nonattainment Subpart 2/Moderate.
Queens County Nonattainment Subpart 2/Moderate.
Richmond County Nonattainment Subpart 2/Moderate.
Rockland County Nonattainment Subpart 2/Moderate.
Suffolk County Nonattainment Subpart 2/Moderate.
Westchester County Nonattainment Subpart 2/Moderate.
Poughkeepsie, NY:        
Dutchess County Nonattainment Subpart 2/Moderate.
Orange County Nonattainment Subpart 2/Moderate.
Putnam County Nonattainment Subpart 2/Moderate.
Syracuse, NY:        
Cayuga County Unclassifiableb    
Madison County Unclassifiableb    
Onondaga County Unclassifiableb    
Oswego County Unclassifiableb    
Rochester, NY:        
Genesee County Nonattainment Subpart 1.
Livingston County Nonattainment Subpart 1.
Monroe County Nonattainment Subpart 1.
Ontario County Nonattainment Subpart 1.
Orleans County Nonattainment Subpart 1.
Wayne County Nonattainment Subpart 1.
AQCR 158Central New York Intrastate (remainder of) Unclassifiable/Attainment    
Cortland County        
Herkimer County        
Lewis County        
Oneida County        
AQCR 159Champlain Valley Interstate (remainder of) Unclassifiable/Attainment    
Clinton County        
Franklin County        
Hamilton County        
St. Lawrence County        
Warren County        
Washington County        
AQCR 160Finger Lake Intrastate Unclassifiable/Attainment    
Seneca County        
Wyoming County        
Yates County        
AQCR 161Hudson Valley Intrastate (remainder of) Unclassifiable/Attainment    
Columbia County        
Fulton County        
Ulster County        
AQCR 163Southern Tier East Intrastate Unclassifiable/Attainment    
Broome County        
Chenango County        
Delaware County        
Otsego County        
Sullivan County        
Tioga County        
AQCR 164Southern Tier West Intrastate Unclassifiable/Attainment    
Allegany County        
Cattaraugus County        
Chemung County        
Schuyler County        
Steuben County        
Tompkins County        

35.In § 81.334, the table entitled “North Carolina—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.334 North Carolina.

* * * * *

North Carolina—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
2Early Action Compact Area, effective date deferred until September 30, 2005.
Charlotte-Gastonia-Rock Hill, NC-SC Nonattainment Subpart 2/Moderate.
Cabarrus County Nonattainment Subpart 2/Moderate.
Gaston County Nonattainment Subpart 2/Moderate.
Iredell County (part)        
Davidson Township, Coddle Creek Township Nonattainment Subpart 2/Moderate.
Lincoln County Nonattainment Subpart 2/Moderate.
Mecklenburg County Nonattainment Subpart 2/Moderate.
Rowan County Nonattainment Subpart 2/Moderate.
Union County Nonattainment Subpart 2/Moderate.
Fayetteville, NC: Cumberland County (2) Nonattainment (2) Subpart 1.
Greensboro-Winston-Salem-High Point, NC:        
Alamance County (2) Nonattainment (2) Subpart 2/Moderate.
Caswell County (2) Nonattainment (2) Subpart 2/Moderate.
Davidson County (2) Nonattainment (2) Subpart 2/Moderate.
Davie County (2) Nonattainment (2) Subpart 2/Moderate.
Forsyth County (2) Nonattainment (2) Subpart 2/Moderate.
Guilford County (2) Nonattainment (2) Subpart 2/Moderate.
Randolph County (2) Nonattainment (2) Subpart 2/Moderate.
Rockingham County (2) Nonattainment (2) Subpart 2/Moderate.
Haywood and Swain Cos. (Great Smoky NP), NC:        
Haywood County (part) Nonattainment Subpart 1.
Swain County (part) Nonattainment Subpart 1.
Hickory-Morganton-Lenoir, NC:        
Alexander County (2) Nonattainment (2) Subpart 1.
Burke County (part) (2) Nonattainment (2) Subpart 1.
Unifour Metropolitan Planning Organization Boundary        
Caldwell County (part) (2) Nonattainment (2) Subpart 1.
Unifour Metropolitan Planning Organization Boundary        
Catawba County (2) Nonattainment (2) Subpart 1.
Raleigh-Durham-Chapel Hill, NC:        
Chatham County (part) Nonattainment Subpart 1.
Baldwin Township, Center Township, New Hope Township, Williams Township        
Durham County Nonattainment Subpart 1.
Franklin County Nonattainment Subpart 1.
Granville County Nonattainment Subpart 1.
Johnston County Nonattainment Subpart 1.
Orange County Nonattainment Subpart 1.
Person County Nonattainment Subpart 1.
Wake County Nonattainment Subpart 1.
Rocky Mount, NC:        
Edgecombe County Nonattainment Subpart 1.
Nash County Nonattainment Subpart 1.
Rest of State: Unclassifiable/Attainment.  
Alleghany County        
Anson County
Ashe County
Avery County
Beaufort County
Bertie County
Bladen County
Brunswick County
Buncombe County
Burke County (part) remainder
Caldwell County (part) remainder
Camden County
Carteret County
Chatham County (part) remainder
Cherokee County
Chowan County
Clay County
Cleveland County
Columbus County
Craven County
Currituck County
Dare County
Duplin County
Gates County
Graham County
Greene County
Halifax County
Harnett County
Haywood County (part) remainder
Henderson County
Hertford County
Hoke County
Hyde County
Iredell County (part) remainder
Jackson County
Jones County
Lee County
Lenoir County
Macon County
Madison County
Martin County
McDowell County
Mitchell County
Montgomery County
Moore County
New Hanover County
Northampton County
Onslow County
Pamlico County
Pasquotank County
Pender County
Perquimans County
Pitt County
Polk County
Richmond County
Robeson County
Rutherford County
Sampson County
Scotland County
Stanly County
Stokes County
Surry County
Swain County (part) remainder
Transylvania County
Tyrrell County
Vance County
Warren County
Washington County
Watauga County
Wayne County
Wilkes County
Wilson County
Yadkin County
Yancey County

36.In § 81.335, the table entitled “North Dakota—Ozone(8-Hour Standard)” is added to read as follows:

§ 81.335 North Dakota.

* * * * *

North Dakota—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
AQCR 130 Metropolitan Fargo-Moorhead Interstate:        
Cass County Unclassifiable/Attainment.
Rest of State, AQCR 172 Unclassifiable/Attainment.
Adams County        
Barnes County        
Benson County        
Billings County        
Bottineau County        
Bowman County        
Burke County        
Burleigh County        
Cavalier County        
Dickey County        
Divide County        
Dunn County        
Eddy County        
Emmons County        
Foster County        
Golden Valley County        
Grand Forks County        
Grant County        
Griggs County        
Hettinger County        
Kidder County        
LaMoure County        
Logan County        
McHenry County        
McIntosh County        
McKenzie County        
McLean County        
Mercer County        
Morton County        
Mountrail County        
Nelson County        
Oliver County        
Pembina County        
Pierce County        
Ramsey County        
Ransom County        
Renville County        
Richland County        
Rolette County        
Sargent County        
Sheridan County        
Sioux County        
Slope County        
Stark County        
Steele County        
Stutsman County        
Towner County        
Traill County        
Walsh County        
Ward County        
Wells County        
Williams County        

37.In § 81.336, the table entitled “Ohio—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.336 Ohio.

* * * * *

Ohio—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Canton-Massillion, OH: Stark County Nonattainment Subpart 1.
Cincinnati-Hamilton, OH-KY-IN:        
Butler County Nonattainment Subpart 1.
Clermont County Nonattainment Subpart 1.
Clinton County Nonattainment Subpart 1.
Hamilton County Nonattainment Subpart 1.
Warren County Nonattainment Subpart 1.
Cleveland-Akron-Lorain, OH Nonattainment Subpart 2/Moderate.
Ashtabula County        
Cuyahoga County        
Geauga County        
Lake County        
Lorain County        
Medina County        
Portage County        
Summit County        
Columbus, OH:        
Delaware County Nonattainment Subpart 1.
Fairfield County Nonattainment Subpart 1.
Franklin County Nonattainment Subpart 1.
Knox County Nonattainment Subpart 1.
Licking County Nonattainment Subpart 1.
Madison County Nonattainment Subpart 1.  
Dayton-Springfield, OH:        
Clark County Nonattainment Subpart 1.
Greene County Nonattainment Subpart 1.
Miami County Nonattainment Subpart 1.
Montgomery County Nonattainment Subpart 1.
Lima, OH: Allen County Nonattainment Subpart 1.
Parkersburg-Marietta, WV-OH: Washington County Nonattainment Subpart 1.
Steubenville-Weirton, OH-WV: Jefferson County Nonattainment Subpart 1.
Toledo, OH:        
Lucas County Nonattainment Subpart 1.
Wood County Nonattainment Subpart 1.
Wheeling, WV-OH: Belmont County Nonattainment Subpart 1.
Youngstown-Warren-Sharon, PA-OH:        
Columbiana County Nonattainment Subpart 1.
Mahoning County Nonattainment Subpart 1.
Trumbull County Nonattainment Subpart 1.
Rest of State:        
Adams County Unclassifiable/Attainment    
Ashland County Unclassifiable/Attainment    
Athens County        
Auglaize County Unclassifiable/Attainment    
Brown County Unclassifiable/Attainment    
Carroll County Unclassifiable/Attainment    
Champaign County Unclassifiable/Attainment    
Coshocton County Unclassifiable/Attainment    
Crawford County Unclassifiable/Attainment    
Darke County Unclassifiable/Attainment    
Defiance County Unclassifiable/Attainment    
Erie County Unclassifiable/Attainment    
Fayette County Unclassifiable/Attainment    
Fulton County Unclassifiable/Attainment    
Gallia County Unclassifiable/Attainment    
Guernsey County Unclassifiable/Attainment    
Hancock County Unclassifiable/Attainment    
Hardin County Unclassifiable/Attainment    
Harrison County Unclassifiable/Attainment    
Henry County Unclassifiable/Attainment    
Highland County Unclassifiable/Attainment    
Hocking County Unclassifiable/Attainment    
Holmes County Unclassifiable/Attainment    
Huron County Unclassifiable/Attainment    
Jackson County Unclassifiable/Attainment    
Lawrence County Unclassifiable/Attainment    
Logan County Unclassifiable/Attainment    
Marion County Unclassifiable/Attainment    
Meigs County Unclassifiable/Attainment    
Mercer County Unclassifiable/Attainment    
Monroe County Unclassifiable/Attainment    
Morgan County Unclassifiable/Attainment    
Morrow County Unclassifiable/Attainment    
Muskingum County Unclassifiable/Attainment    
Noble County Unclassifiable/Attainment    
Ottawa County Unclassifiable/Attainment    
Paulding County Unclassifiable/Attainment    
Perry County Unclassifiable/Attainment    
Pickaway County Unclassifiable/Attainment    
Pike County Unclassifiable/Attainment    
Preble County Unclassifiable/Attainment    
Putnam County Unclassifiable/Attainment    
Richland County Unclassifiable/Attainment    
Ross County Unclassifiable/Attainment    
Sandusky County Unclassifiable/Attainment    
Scioto County Unclassifiable/Attainment    
Seneca County Unclassifiable/Attainment    
Shelby County Unclassifiable/Attainment    
Tuscarawas County Unclassifiable/Attainment    
Union County Unclassifiable/Attainment    
Van Wert County Unclassifiable/Attainment    
Vinton County Unclassifiable/Attainment    
Wayne County Unclassifiable/Attainment    
Williams County Unclassifiable/Attainment    
Wyandot County Unclassifiable/Attainment    

38.In § 81.337, the table entitled “Oklahoma—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.337 Oklahoma.

* * * * *

Oklahoma—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
AQCR 017Metropolitan Fort Smith Interstate Unclassifiable/Attainment.    
Adair County        
Cherokee County        
Le Flore County        
Sequoyah County        
AQCR 022Shreveport-Texarkana-Tyler Intrastate: McCurtain County Unclassifiable/Attainment    
AQCR 184Central Oklahoma Intrastate (part):        
Cleveland County Unclassifiable/Attainment.    
Oklahoma County Unclassifiable/Attainment.    
AQCR 184Central Oklahoma Intrastate (remainder of) Unclassifiable/Attainment.    
Canadian County        
Grady County        
Kingfisher County        
Lincoln County        
Logan County        
McClain County        
Pottawatomie County        
AQCR 185North Central Oklahoma Intrastate Unclassifiable/Attainment.    
Garfield County        
Grant County        
Kay County        
Noble County        
Payne County        
AQCR 186Northeastern Oklahoma Intrastate Unclassifiable/Attainment.    
Craig County        
Creek County        
Delaware County        
Mayes County        
Muskogee County        
Nowata County        
Okmulgee County        
Osage County        
Ottawa County        
Pawnee County        
Rogers County        
Tulsa County        
Wagoner County        
Washington County        
AQCR 187Northwestern Oklahoma Intrastate Unclassifiable/Attainment.    
Alfalfa County        
Beaver County        
Blaine County        
Cimarron County        
Custer County        
Dewey County        
Ellis County        
Harper County        
Major County        
Roger Mills County        
Texas County        
Woods County        
Woodward County        
AQCR 188Southeastern Oklahoma Intrastate Unclassifiable/Attainment.    
Atoka County        
Bryan County        
Carter County        
Choctaw County        
Coal County        
Garvin County        
Haskell County        
Hughes County        
Johnston County        
Latimer County        
Love County        
Marshall County        
McIntosh County        
Murray County        
Okfuskee County        
Pittsburg County        
Pontotoc County        
Pushmataha County        
Seminole County        
AQCR 189Southwestern Oklahoma Intrastate Unclassifiable/Attainment.    
Beckham County        
Caddo County        
Comanche County        
Cotton County        
Greer County        
Harmon County        
Jackson County        
Jefferson County        
Kiowa County        
Stephens County        
Tillman County        
Washita County        

39.In § 81.338, the table entitled “Oregon—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.338 Oregon.

Oregon—Ozone (8-Hour Standard) Back to Top
Designated area Designation areaa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Portland-Vancouver AQMA: (Air Quality Maintenance Area) Unclassifiable/Attainment.
Clackamas County (part)
Multnomah County (part)
Washington County (part)
Salem Area: (Salem Area Transportation Study)
Marion County (part) Unclassifiable/Attainment.
Polk County Unclassifiable/Attainment.
AQCR 190Central Oregon Intrastate (remainder of) Unclassifiable/Attainment.
Crook County
Deschutes County
Hood River County
Jefferson County
Klamath County
Lake County
Sherman County
Wasco County
AQCR 191Eastern Oregon Intrastate Unclassifiable/Attainment.  
Baker County
Gilliam County
Grant County
Harney County
Malheur County
Morrow County
Umatilla County
Union County
Wallowa County
Wheeler County
AQCR 192Northwest Oregon Intrastate Unclassifiable/Attainment.
Clatsop County
Lincoln County
Tillamook County
AQCR 193Portland Interstate (part) Unclassifiable/Attainment.
Lane County (part) Eugene Springfield Air Quality Maintenance Area
AQCR 193Portland Interstate (remainder of) Unclassifiable/Attainment.
Benton County
Clackamas County (part) remainder
Columbia County
Lane County (part) remainder
Linn County
Marion County (part) The area outside the Salem Area Transportation Study
Multnomah County (part) remainder
Polk County (part) The area outside the Salem Area Transportation Study
Washington County (part) remainder
Yamhill County
AQCR 194Southwest Oregon Intrastate (part)
Jackson County (part) Medford-Ashland Air Quality Maintenance Area Unclassifiable/Attainment.
AQCR 194Southwest Oregon Intrastate (remainder of) Unclassifiable/Attainment.
Coos County
Curry County
Douglas County
Jackson County (part) remainder
Josephine County

40.In § 81.339, the table entitled “Pennsylvania—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.339 Pennsylvania.

* * * * *

Pennsylvania—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Allentown-Bethlehem-Easton, PA:        
Carbon County Nonattainment Subpart 1.
Lehigh County Nonattainment Subpart 1.
Northampton County Nonattainment Subpart 1.
Altoona, PA: Blair County Nonattainment Subpart 1.
Clearfield Indiana Cos., PA:        
Clearfield County Nonattainment Subpart 1.
Indiana County Nonattainment Subpart 1.
Erie, PA: Erie County Nonattainment Subpart 1.
Franklin Co., PA: Franklin County Nonattainment Subpart 1.
Greene Co., PA: Greene County Nonattainment Subpart 1.
Harrisburg-Lebanon-Carlisle, PA:        
Cumberland County Nonattainment Subpart 1.
Dauphin County Nonattainment Subpart 1.
Lebanon County Nonattainment Subpart 1.
Perry County Nonattainment Subpart 1.
Johnstown, PA: Cambria County Nonattainment Subpart 1.
Lancaster, PA: Lancaster County Nonattainment Subpart 2/Moderate.
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE:        
Bucks County Nonattainment Subpart 2/Moderate.
Chester County Nonattainment Subpart 2/Moderate.
Delaware County Nonattainment Subpart 2/Moderate.
Montgomery County Nonattainment Subpart 2/Moderate.
Philadelphia County Nonattainment Subpart 2/Moderate.
Pittsburgh-Beaver Valley, PA:        
Allegheny County Nonattainment Subpart 1.
Armstrong County Nonattainment Subpart 1.
Beaver County Nonattainment Subpart 1.
Butler County Nonattainment Subpart 1.
Fayette County Nonattainment Subpart 1.
Washington County Nonattainment Subpart 1.
Westmoreland County Nonattainment Subpart 1.
Reading, PA: Berks County Nonattainment Subpart 1.
Scranton-Wilkes-Barre, PA:        
Lackawanna County Nonattainment Subpart 1.
Luzerne County Nonattainment Subpart 1.
Monroe County Nonattainment Subpart 1.
Wyoming County Nonattainment Subpart 1.
State College, PA: Centre County Nonattainment Subpart 1.
Tioga Co., PA: Tioga County Nonattainment Subpart 1.
Williamsport, PA: Lycoming County Unclassifiable/Attainment    
York, PA:        
Adams County Nonattainment Subpart 1.
York County Nonattainment Subpart 1.
Youngstown-Warren-Sharon, PA-OH: Mercer County Nonattainment Subpart 1.
AQCR 151NE Pennsylvania Intrastate (remainder of):        
Bradford County Unclassifiable/Attainment    
Sullivan County Unclassifiable/Attainment    
AQCR 178NW Pennsylvania Interstate (remainder of):        
Cameron County Unclassifiable/Attainment    
Clarion County Unclassifiable/Attainment    
Elk County Unclassifiable/Attainment    
Forest County Unclassifiable/Attainment    
Jefferson County Unclassifiable/Attainment    
McKean County Unclassifiable/Attainment    
Potter County Unclassifiable/Attainment    
Venango County Unclassifiable/Attainment    
AQCR 195Central Pennsylvania Intrastate (remainder of):        
Bedford County Unclassifiable/Attainment    
Clinton County Unclassifiable/Attainment    
Fulton County Unclassifiable/Attainment    
Huntingdon County Unclassifiable/Attainment    
Mifflin County Unclassifiable/Attainment    
Montour County Unclassifiable/Attainment    
Union County Unclassifiable/Attainment    
Rest of State Unclassifiable/Attainment    
Columbia County Unclassifiable/Attainment    
Crawford County Unclassifiable/Attainment    
Juniata County Unclassifiable/Attainment    
Lawrence County Unclassifiable/Attainment    
Northumberland County Unclassifiable/Attainment    
Pike County Unclassifiable/Attainment    
Schuylkill County Unclassifiable/Attainment    
Snyder County Unclassifiable/Attainment    
Somerset County Unclassifiable/Attainment    
Susquehanna County Unclassifiable/Attainment    
Warren County Unclassifiable/Attainment    
Wayne County Unclassifiable/Attainment    

41.In § 81.340, the table entitled “Rhode Island—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.340 Rhode Island.

* * * * *

Rhode Island—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Providence (all of RI), RI:        
Bristol County Nonattainment Subpart 2/Moderate.
Kent County Nonattainment Subpart 2/Moderate.
Newport County Nonattainment Subpart 2/Moderate.
Providence County Nonattainment Subpart 2/Moderate.
Washington County Nonattainment Subpart 2/Moderate.

42.In § 81.341, the table entitled “South Carolina—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.341 South Carolina.

South Carolina—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
2Early Action Compact Area, effective date deferred until September 30, 2005.
Columbia, SC:        
Lexington County (part) (2) Nonattainment (2) Subpart 1.
Portion along MPO lines        
Richland County (part) (2) Nonattainment (2) Subpart 1.
Portion along MPO lines        
Greenville-Spartanburg-Anderson, SC:        
Anderson County (2) Nonattainment (2) Subpart 1.
Greenville County (2) Nonattainment (2) Subpart 1.
Spartanburg County (2) Nonattainment (2) Subpart 1.
Charlotte-Gastonia-Rock Hill, NC-SC:        
York County (part) Nonattainment Subpart 2/Moderate.
Portion along MPO lines        
Rest of State: Unclassifiable/Attainment.    
Abbeville County        
Aiken County        
Allendale County        
Bamberg County        
Barnwell County        
Beaufort County        
Berkeley County        
Calhoun County        
Charleston County        
Cherokee County        
Chester County        
Chesterfield County        
Clarendon County        
Colleton County        
Darlington County        
Dillon County        
Dorchester County        
Edgefield County        
Fairfield County        
Florence County        
Georgetown County        
Greenwood County        
Hampton County        
Horry County        
Jasper County        
Kershaw County        
Lancaster County        
Laurens County        
Lee County        
Lexington County (part) remainder        
Marion County        
Marlboro County        
McCormick County        
Newberry County        
Oconee County        
Orangeburg County        
Pickens County        
Richland County (part) remainder        
Saluda County        
Sumter County        
Union County        
Williamsburg County        
York County (part) remainder        

43.In § 81.342, the table entitled “South Dakota—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.342 South Dakota.

South Dakota—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Statewide Unclassifiable/Attainment    
Aurora County Unclassifiable/Attainment    
Beadle County Unclassifiable/Attainment    
Bennett County Unclassifiable/Attainment    
Bon Homme County Unclassifiable/Attainment    
Brookings County Unclassifiable/Attainment    
Brown County Unclassifiable/Attainment    
Brule County Unclassifiable/Attainment    
Buffalo County Unclassifiable/Attainment    
Butte County Unclassifiable/Attainment    
Campbell County Unclassifiable/Attainment    
Charles Mix County Unclassifiable/Attainment    
Clark County Unclassifiable/Attainment    
Clay County Unclassifiable/Attainment    
Codington County Unclassifiable/Attainment    
Corson County Unclassifiable/Attainment    
Custer County Unclassifiable/Attainment    
Davison County Unclassifiable/Attainment    
Day County Unclassifiable/Attainment    
Deuel County Unclassifiable/Attainment    
Dewey County Unclassifiable/Attainment    
Douglas County Unclassifiable/Attainment    
Edmunds County Unclassifiable/Attainment    
Fall River County Unclassifiable/Attainment    
Faulk County Unclassifiable/Attainment    
Grant County Unclassifiable/Attainment    
Gregory County Unclassifiable/Attainment    
Haakon County Unclassifiable/Attainment    
Hamlin County Unclassifiable/Attainment    
Hand County Unclassifiable/Attainment    
Hanson County Unclassifiable/Attainment    
Harding County Unclassifiable/Attainment    
Hughes County Unclassifiable/Attainment    
Hutchinson County Unclassifiable/Attainment    
Hyde County Unclassifiable/Attainment    
Jackson County Unclassifiable/Attainment    
Jerauld County Unclassifiable/Attainment    
Jones County Unclassifiable/Attainment    
Kingsbury County Unclassifiable/Attainment    
Lake County Unclassifiable/Attainment    
Lawrence County Unclassifiable/Attainment    
Lincoln County Unclassifiable/Attainment    
Lyman County Unclassifiable/Attainment    
Marshall County Unclassifiable/Attainment    
McCook County Unclassifiable/Attainment    
McPherson County Unclassifiable/Attainment    
Meade County Unclassifiable/Attainment    
Mellette County Unclassifiable/Attainment    
Miner County Unclassifiable/Attainment    
Minnehaha County Unclassifiable/Attainment    
Moody County Unclassifiable/Attainment    
Pennington County Unclassifiable/Attainment    
Perkins County Unclassifiable/Attainment    
Potter County Unclassifiable/Attainment    
Roberts County Unclassifiable/Attainment    
Sanborn County Unclassifiable/Attainment    
Shannon County Unclassifiable/Attainment    
Spink County Unclassifiable/Attainment    
Stanley County Unclassifiable/Attainment    
Sully County Unclassifiable/Attainment    
Todd County Unclassifiable/Attainment    
Tripp County Unclassifiable/Attainment    
Turner County Unclassifiable/Attainment    
Union County Unclassifiable/Attainment    
Walworth County Unclassifiable/Attainment    
Yankton County Unclassifiable/Attainment    
Ziebach County Unclassifiable/Attainment    

44.In § 81.343, the table entitled “Tennessee—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.343 Tennessee.

* * * * *

Tennessee—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
2Early Action Compact Area, effective date deferred until September 30, 2005.
Chattanooga, TN-GA:        
Hamilton County Nonattainment Subpart 1.
Meigs County Nonattainment Subpart 1.
Clarkesville-Hopkinsville, TN-KY:        
Montgomery County Nonattainment Subpart 1.
Johnson City-Kingsport-Bristol, TN:        
Hawkins County (2) Nonattainment (2) Subpart 1.
Sullivan County (2) Nonattainment (2) Subpart 1.
Knoxville, TN:        
Anderson County Nonattainment Subpart 1.
Blount County Nonattainment Subpart 1.
Cocke County (part) Nonattainment Subpart 1.
(Great Smoky Mtn Park)        
Jefferson County Nonattainment Subpart 1.
Knox County Nonattainment Subpart 1.
Loudon County Nonattainment Subpart 1.
Sevier County Nonattainment Subpart 1.
Memphis, TN-AR:        
Shelby County Nonattainment Subpart 2/Moderate.
Nashville, TN:        
Davidson County (2) Nonattainment (2) Subpart 1.
Rutherford County (2) Nonattainment (2) Subpart 1.
Sumner County (2) Nonattainment (2) Subpart 1
Williamson County (2) Nonattainment (2) Subpart 1.
Wilson County (2) Nonattainment (2) Subpart 1.
Rest of State Unclassifiable/Attainment    
Bedford County        
Benton County        
Bledsoe County        
Bradley County        
Campbell County        
Cannon County        
Carroll County        
Carter County        
Cheatham County        
Chester County        
Claiborne County        
Clay County        
Cocke County (part) remainder        
Coffee County        
Crockett County        
Cumberland County        
Decatur County        
DeKalb County        
Dickson County        
Dyer County        
Fayette County        
Fentress County        
Franklin County        
Gibson County        
Giles County        
Grainger County        
Greene County        
Grundy County        
Hamblen County        
Hancock County        
Hardeman County        
Hardin County        
Haywood County        
Henderson County        
Henry County        
Hickman County        
Houston County        
Humphreys County        
Jackson County        
Johnson County        
Lake County        
Lauderdale County        
Lawrence County        
Lewis County        
Lincoln County        
Macon County        
Madison County        
Marion County        
Marshall County        
Maury County        
McMinn County        
McNairy County        
Monroe County        
Moore County        
Morgan County        
Obion County        
Overton County        
Perry County        
Pickett County        
Polk County        
Putnam County        
Rhea County        
Roane County        
Robertson County        
Scott County        
Sequatchie County        
Smith County        
Stewart County        
Tipton County        
Trousdale County        
Unicoi County        
Union County        
Van Buren County        
Warren County        
Washington County        
Wayne County        
Weakley County        
White County        

45. In § 81.344, the table entitled “Texas—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.344 Texas.

* * * * *

Texas—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
2Early Action Compact Area, effective date deferred until September 30, 2005.
Beaumont/Port Arthur, TX:        
Hardin County Nonattainment Subpart 2/Marginal.
Jefferson County Nonattainment Subpart 2/Marginal.
Orange County Nonattainment Subpart 2/Marginal.
Dallas-Fort Worth, TX:        
Collin County Nonattainment Subpart 2/Moderate.
Dallas County Nonattainment Subpart 2/Moderate.
Denton County Nonattainment Subpart 2/Moderate.
Ellis County Nonattainment Subpart 2/Moderate.
Johnson County Nonattainment Subpart 2/Moderate.
Kaufman County Nonattainment Subpart 2/Moderate.
Parker County Nonattainment Subpart 2/Moderate.
Rockwall County Nonattainment Subpart 2/Moderate.
Tarrant County Nonattainment Subpart 2/Moderate.
Houston-Galveston-Brazoria, TX:        
Brazoria County Nonattainment Subpart 2/Moderate.
Chambers County Nonattainment Subpart 2/Moderate.
Fort Bend County Nonattainment Subpart 2/Moderate.
Galveston County Nonattainment Subpart 2/Moderate.
Harris County Nonattainment Subpart 2/Moderate.
Liberty County Nonattainment Subpart 2/Moderate.
Montgomery County Nonattainment Subpart 2/Moderate.
Waller County Nonattainment Subpart 2/Moderate.
San Antonio, TX:        
Bexar County (2) Nonattainment (2) Subpart 1.
Comal County (2) Nonattainment (2) Subpart 1.
Guadalupe County (2) Nonattainment (2) Subpart 1.
Victoria Area:        
Victoria County Unclassifiable/Attainment    
AQCR 022Shreveport-Texarkana-Tyler Interstate Unclassifiable/Attainment    
Anderson County        
Bowie County        
Camp County        
Cass County        
Cherokee County        
Delta County        
Franklin County        
Gregg County        
Harrison County        
Hopkins County        
Lamar County        
Marion County        
Morris County        
Panola County        
Rains County        
Red River County        
Rusk County        
Smith County        
Titus County        
Upshur County        
Van Zandt County        
Wood County        
AQCR 106S Louisiana-SE Texas Interstate (remainder of) Unclassifiable/Attainment    
Angelina County        
Houston County        
Jasper County        
Nacogdoches County        
Newton County        
Polk County        
Sabine County        
San Augustine County        
San Jacinto County        
Shelby County        
Trinity County        
Tyler County        
AQCR 153El Paso-Las Cruces-Alamogordo Interstate Unclassifiable/Attainment    
Brewster County        
Culberson County        
El Paso County        
Hudspeth County        
Jeff Davis County        
Presidio County        
AQCR 210Abilene-Wichita Falls Intrastate Unclassifiable/Attainment    
Archer County        
Baylor County        
Brown County        
Callahan County        
Clay County        
Coleman County        
Comanche County        
Cottle County        
Eastland County        
Fisher County        
Foard County        
Hardeman County        
Haskell County        
Jack County        
Jones County        
Kent County        
Knox County        
Mitchell County        
Montague County        
Nolan County        
Runnels County        
Scurry County        
Shackelford County        
Stephens County        
Stonewall County        
Taylor County        
Throckmorton County        
Wichita County        
Wilbarger County        
Young County        
AQCR 211Amarillo-Lubbock Intrastate Unclassifiable/Attainment    
Armstrong County        
Bailey County        
Briscoe County        
Carson County        
Castro County        
Childress County        
Cochran County        
Collingsworth County        
Crosby County        
Dallam County        
Deaf Smith County        
Dickens County        
Donley County        
Floyd County        
Garza County        
Gray County        
Hale County        
Hall County        
Hansford County        
Hartley County        
Hemphill County        
Hockley County        
Hutchinson County        
King County        
Lamb County        
Lipscomb County        
Lubbock County        
Lynn County        
Moore County        
Motley County        
Ochiltree County        
Oldham County        
Parmer County        
Potter County        
Randall County        
Roberts County        
Sherman County        
Swisher County        
Terry County        
Wheeler County        
Yoakum County        
AQCR 212Austin-Waco Intrastate Unclassifiable/Attainment    
Bastrop County        
Bell County        
Blanco County        
Bosque County        
Brazos County        
Burleson County        
Burnet County        
Caldwell County        
Coryell County        
Falls County        
Fayette County        
Freestone County        
Grimes County        
Hamilton County        
Hays County        
Hill County        
Lampasas County        
Lee County        
Leon County        
Limestone County        
Llano County        
Madison County        
McLennan County        
Milam County        
Mills County        
Robertson County        
San Saba County        
Travis County        
Washington County        
Williamson County        
AQCR 213Brownsville-Laredo Intrastate Unclassifiable/Attainment    
Cameron County        
Hidalgo County        
Jim Hogg County        
Starr County        
Webb County        
Willacy County        
Zapata County        
AQCR 214Corpus Christi-Victoria Intrastate (remainder of) Unclassifiable/Attainment    
Aransas County        
Bee County        
Brooks County        
Calhoun County        
DeWitt County        
Duval County        
Goliad County        
Gonzales County        
Jackson County        
Jim Wells County        
Kenedy County        
Kleberg County        
Lavaca County        
Live Oak County        
McMullen County        
Refugio County        
San Patricio County        
AQCR 214Corpus Christi-Victoria Intrastate (part) Unclassifiable/Attainment    
Nueces County        
AQCR 215Metro Dallas-Fort Worth Intrastate (remainder of) Unclassifiable/Attainment    
Cooke County        
Erath County        
Fannin County        
Grayson County        
Henderson County        
Hood County        
Hunt County        
Navarro County        
Palo Pinto County        
Somervell County        
Wise County        
AQCR 216Metro Houston-Galveston Intrastate (remainder of) Unclassifiable/Attainment    
Austin County        
Colorado County        
Matagorda County        
Walker County        
Wharton County        
AQCR 217Metro San Antonio Intrastate (remainder of) Unclassifiable/Attainment    
Atascosa County        
Bandera County        
Dimmit County        
Edwards County        
Frio County        
Gillespie County        
Karnes County        
Kendall County        
Kerr County        
Kinney County        
La Salle County        
Maverick County        
Medina County        
Real County        
Uvalde County        
Val Verde County        
Wilson County        
Zavala County        
AQCR 218Midland-Odessa-San Angelo Intrastate (part) Unclassifiable/Attainment    
Ector County        
AQCR 218Midland-Odessa-San Angelo Intrastate (remainder of) Unclassifiable/Attainment    
Andrews County        
Borden County        
Coke County        
Concho County        
Crane County        
Crockett County        
Dawson County        
Gaines County        
Glasscock County        
Howard County        
Irion County        
Kimble County        
Loving County        
Martin County        
Mason County        
McCulloch County        
Menard County        
Midland County        
Pecos County        
Reagan County        
Reeves County        
Schleicher County        
Sterling County        
Sutton County        
Terrell County        
Tom Green County        
Upton County        
Ward County        
Winkler County        

46.In § 81.345, the table entitled “Utah—Ozone (8-Hour Standard)” is added to read as follows:

§ 81.345 Utah.

* * * * *

<
Utah—Ozone (8-Hour Standard) Back to Top
Designated area Designationa Category/classification
Date1 Type Date1 Type
aIncludes Indian Country located in each county or area, except as otherwise specified.
1This date is June 15, 2004, unless otherwise noted.
Salt Lake City Area:        
Davis County Unclassifiable/Attainment    
Salt Lake County Unclassifiable/Attainment    
Rest of State: Unclassifiable/Attainment    
Beaver County        
Box Elder County        
Cache County        
Carbon County        
Daggett County        
Duchesne County        
Emery County        
Garfield County        
Grand County        
Iron County        
Juab County        
Kane County        
Millard County        
Morgan County        
Piute County        
Rich County        
San Juan County        
Sanpete County        
Sevier County        
Summit County        
Tooele County        
Uintah County        
Utah County        
Wasatch County        
Washington County        
Wayne County