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

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Information about this document as published in the Federal Register.

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AGENCY:

Environmental Protection Agency (EPA).

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.

EFFECTIVE DATE:

This final rule is effective on June 15, 2004.

ADDRESSES:

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 officesStates
Dave Conroy, Acting Branch Chief, Air Programs Branch, EPA New England, I Congress Street, Suite 1100, Boston, MA 02114-2023, (617) 918-1661Connecticut, 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) 637-4249New 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) 814-2187Delaware, 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) 562-9033Alabama, 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) 886-4447Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
Donna Ascenzi, Acting Associate Director, Air Programs, EPA Region VI, 1445 Ross Avenue, Dallas, TX 75202, (214) 665-2725Arkansas, 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) 551-7606Iowa, 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) 312-6005Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.
Steven Barhite, Air Planning Office, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972-3980Arizona, 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) 553-1189Alaska, Idaho, Oregon, and Washington.
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FOR FURTHER INFORMATION CONTACT:

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 Start Printed Page 23859Standards, 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.

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SUPPLEMENTARY INFORMATION:

Table of Contents

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

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

NOX—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?

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?

Ground-level ozone (sometimes referred to as smog) is formed by the reaction of volatile organic compounds (VOCs) and oxides of nitrogen (NOX) 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?

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 Start Printed Page 23860susceptible 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?

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?

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 Start Printed Page 23861development, 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., NOX 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 NOX 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 NOX 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?

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 Start Printed Page 23862provided 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?

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.)

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Table 1.—Classification for 8-Hour Ozone NAAQS

Area class8-hour design value (ppm ozone)Maximum period for Attainment dates in State plans (years after effective date of nonattainment designation for 8-hour NAAQS)
Marginalfrom0.0853
up to*0.092
Moderatefrom0.0926
up to*0.107
Seriousfrom0.1079
up to*0.120
Severe-15from0.12015
up to*0.127
Severe-17from0.12717
up to*0.187
Extremeequal to or above0.18720
 *But not including.

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.] Start Printed Page 23864

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?

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 Start Printed Page 23865than 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

Submittal dateCompact milestone
December 31, 2002Submit Compact for EPA signature.
June 16, 2003Submit preliminary list and description of potential local control measures under consideration.
March 31, 2004Submit complete local plan to State (includes specific, quantified and permanent control measures to be adopted).
December 31, 2004State 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, 2006State reports on implementation of measures and assessment of air quality improvement and reductions in NOX and VOC emissions to date
December 31, 2007Area 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 Start Printed Page 23866addition 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

StateCompact area (designated area)CountyDesignationEffective date
EPA Region 3
VANorthern Shenandoah Valley Region (Frederick County, VA), adjacent to Washington, DC-MD-VAWinchester CityNonattainment-deferred9/30/2005
Frederick CountyNonattainment-deferred9/30/2005
VARoanoke Area (Roanoke, VA)Roanoke CountyNonattainment-deferred9/30/2005
Botetourt CountyNonattainment-deferred9/30/2005
Roanoke CityNonattainment-deferred9/30/2005
Salem CityNonattainment-deferred9/30/2005
MDWashington County (Washington County (Hagerstown), MD), adjacent to Washington, DC-MD-VAWashington CountyNonattainment-deferred9/30/2005
WVThe Eastern Pan Handle Region (Berkeley & Jefferson Counties, WV), Martinsburg areaBerkeley CountyNonattainment-deferred9/30/2005
Jefferson CountyNonattainment-deferred9/30/2005
EPA Region 4
NCMountain Area of Western NC (includes Asheville)Buncombe CountyUnclassifiable/Attainment6/15/2004
Haywood County (part)Unclassifiable/Attainment6/15/2004
Henderson County (opt out)1Unclassifiable/Attainment6/15/2004
Madison CountyUnclassifiable/Attainment6/15/2004
Transylvania County (opt out)1Unclassifiable/Attainment6/15/2004
NCUnifour (Hickory-Morganton-Lenoir, NC)Catawba CountyNonattainment-deferred9/30/2005
Alexander CountyNonattainment-deferred9/30/2005
Burke County (part)Nonattainment-deferred9/30/2005
Caldwell County (part)Nonattainment-deferred9/30/2005
NCTriad (Greensboro-Winston-Salem-High Point, NC)Surry CountyUnclassifiable/Attainment6/15/2004
Yadkin CountyUnclassifiable/Attainment6/15/2004
Randolph CountyNonattainment-deferred9/30/2005
Forsyth CountyNonattainment-deferred9/30/2005
Davie CountyNonattainment-deferred9/30/2005
Alamance CountyNonattainment-deferred9/30/2005
Caswell CountyNonattainment-deferred9/30/2005
Davidson CountyNonattainment-deferred9/30/2005
Stokes CountyUnclassifiable/Attainment6/15/2004
Guilford CountyNonattainment-deferred9/30/2005
Rockingham CountyNonattainment-deferred9/30/2005
NCFayetteville (Fayetteville, NC)Cumberland CountyNonattainment-deferred9/30/2005
SCAppalachian—A (Greenville-Spartanburg-Anderson, SC)Cherokee CountyUnclassifiable/Attainment6/15/2004
Spartanburg CountyNonattainment-deferred9/30/2005
Greenville CountyNonattainment-deferred9/30/2005
Pickens CountyUnclassifiable/Attainment6/15/2004
Anderson CountyNonattainment-deferred9/30/2005
Start Printed Page 23867
Oconee CountyUnclassifiable/Attainment6/15/2004
SCCatawba—B Part of York County, SC is in the Charlotte-Gastonia-Rock Hill, NC-SC nonattainment areaYork County (part)2Nonattainment6/15/2004
Chester CountyUnclassifiable/Attainment6/15/2004
Lancaster CountyUnclassifiable/Attainment6/15/2004
Union CountyUnclassifiable/Attainment6/15/2004
SCPee Dee—C Florence areaFlorence CountyUnclassifiable/Attainment6/15/2004
Chesterfield CountyUnclassifiable/Attainment6/15/2004
Darlington CountyUnclassifiable/Attainment6/15/2004
Dillon CountyUnclassifiable/Attainment6/15/2004
Marion CountyUnclassifiable/Attainment6/15/2004
Marlboro CountyUnclassifiable/Attainment6/15/2004
SCWaccamaw—D Myrtle Beach areaWilliamsburg CountyUnclassifiable/Attainment6/15/2004
Georgetown CountyUnclassifiable/Attainment6/15/2004
Horry CountyUnclassifiable/Attainment6/15/2004
SCSantee Lynches—E Sumter areaClarendon CountyUnclassifiable/Attainment6/15/2004
Lee CountyUnclassifiable/Attainment6/15/2004
Sumter CountyUnclassifiable/Attainment6/15/2004
Kershaw CountyUnclassifiable/Attainment6/15/2004
SCBerkeley-Charleston-Dorchester—F Charleston-North Charleston areaDorchester CountyUnclassifiable/Attainment6/15/2004
Berkeley CountyUnclassifiable/Attainment6/15/2004
Charleston CountyUnclassifiable/Attainment6/15/2004
SCLow Country—G Beaufort areaBeaufort CountyUnclassifiable/Attainment6/15/2004
Colleton CountyUnclassifiable/Attainment6/15/2004
Hampton CountyUnclassifiable/Attainment6/15/2004
Jasper CountyUnclassifiable/Attainment6/15/2004
SC/GALower Savannah-Augusta part of Augusta-Aiken, GA-SC areaAiken County, SCUnclassifiable/Attainment6/15/2004
Orangeburg County, SCUnclassifiable/Attainment6/15/2004
Barnwell County, SCUnclassifiable/Attainment6/15/2004
Calhoun County, SCUnclassifiable/Attainment6/15/2004
Allendale County, SCUnclassifiable/Attainment6/15/2004
Bamberg County, SCUnclassifiable/Attainment6/15/2004
Richmond County, GAUnclassifiable/Attainment6/15/2004
Columbia County, GAUnclassifiable/Attainment6/15/2004
SCCentral Midlands—I Columbia areaRichland County (part)Nonattainment-deferred9/30/2005
Lexington County (part)Nonattainment-deferred9/30/2005
Newberry CountyUnclassifiable/Attainment6/15/2004
Fairfield CountyUnclassifiable/Attainment6/15/2004
SCUpper Savannah Abbeville-Greenwood areaAbbeville CountyUnclassifiable/Attainment6/15/2004
Edgefield CountyUnclassifiable/Attainment6/15/2004
Laurens CountyUnclassifiable/Attainment6/15/2004
Saluda CountyUnclassifiable/Attainment6/15/2004
Greenwood CountyUnclassifiable/Attainment6/15/2004
TN/GAChattanooga (Chattanooga, TN-GA) County, TNHamilton County, TNNonattainment6/15/2004
Meigs County, TNNonattainment6/15/2004
Marion County, TNUnclassifiable/Attainment6/15/2004
Walker County, GAUnclassifiable/Attainment6/15/2004
Catoosa County, GANonattainment6/15/2004
TNKnoxville (Knoxville, TN)Knox CountyNonattainment6/15/2004
Anderson CountyNonattainment6/15/2004
Union CountyUnclassifiable/Attainment6/15/2004
Loudon CountyNonattainment6/15/2004
Blount CountyNonattainment6/15/2004
Sevier CountyNonattainment6/15/2004
Jefferson CountyNonattainment6/15/2004
TNNashville (Nashville, TN)Davidson CountyNonattainment-deferred9/30/2005
Rutherford CountyNonattainment-deferred9/30/2005
Williamson CountyNonattainment-deferred9/30/2005
Wilson CountyNonattainment-deferred9/30/2005
Sumner CountyNonattainment-deferred9/30/2005
Robertson CountyAttainment6/15/2004
Cheatham CountyAttainment6/15/2004
Dickson CountyAttainment6/15/2004
TN/AR/MSMemphis, (Memphis, TN-AR-MS)Shelby County, TNNonattainment6/15/2004
Tipton County, TNUnclassifiable/Attainment6/15/2004
Fayette County, TNUnclassifiable/Attainment6/15/2004
Start Printed Page 23868
DeSoto County, MSUnclassifiable/Attainment6/15/2004
Crittenden County, ARNonattainment6/15/2004
TNHaywood County adjacent to Memphis & Jackson areasHaywood CountyUnclassifiable/Attainment6/15/2004
TNPutnam County central TN, between Nashville and KnoxvillePutnam CountyUnclassifiable/Attainment6/15/2004
TNJohnson City-Kingsport-Bristol Area (TN portion only)Sullivan Co, TNNonattainment-deferred9/30/2005
Hawkins County, TNNonattainment-deferred9/30/2005
Washington Co, TNUnclassifiable/Attainment6/15/2004
Unicoi County, TNUnclassifiable/Attainment6/15/2004
Carter County, TNUnclassifiable/Attainment6/15/2004
Johnson County, TNUnclassifiable/Attainment6/15/2004
EPA Region 6
TXAustin/San MarcosTravis CountyUnclassifiable/Attainment6/15/2004
Williamson CountyUnclassifiable/Attainment6/15/2004
Hays CountyUnclassifiable/Attainment6/15/2004
Bastrop CountyUnclassifiable/Attainment6/15/2004
Caldwell CountyUnclassifiable/Attainment6/15/2004
TXNortheast Texas Longview-Marshall-Tyler areaGregg CountyUnclassifiable/Attainment6/15/2004
Harrison CountyUnclassifiable/Attainment6/15/2004
Rusk CountyUnclassifiable/Attainment6/15/2004
Smith CountyUnclassifiable/Attainment6/15/2004
Upshur CountyUnclassifiable/Attainment6/15/2004
TXSan AntonioBexar CountyNonattainment-deferred9/30/2005
Wilson CountyUnclassifiable/Attainment6/15/2004
Comal CountyNonattainment-deferred9/30/2005
Guadalupe CountyNonattainment-deferred9/30/2005
OKOklahoma CityCanadian CountyUnclassifiable/Attainment6/15/2004
Cleveland CountyUnclassifiable/Attainment6/15/2004
Logan CountyUnclassifiable/Attainment6/15/2004
McClain CountyUnclassifiable/Attainment6/15/2004
Oklahoma CountyUnclassifiable/Attainment6/15/2004
Pottawatomie CoUnclassifiable/Attainment6/15/2004
OKTulsaTulsa CountyUnclassifiable/Attainment6/15/2004
Creek CountyUnclassifiable/Attainment6/15/2004
Osage CountyUnclassifiable/Attainment6/15/2004
Rogers CountyUnclassifiable/Attainment6/15/2004
Wagoner CountyUnclassifiable/Attainment6/15/2004
LAShreveport-Bossier CityBossier ParishUnclassifiable/Attainment6/15/2004
Caddo ParishUnclassifiable/Attainment6/15/2004
Webster ParishUnclassifiable/Attainment6/15/2004
NMSan Juan County Farmington areaSan Juan CountyUnclassifiable/Attainment6/15/2004
EPA Region 8
CO(Denver-Boulder-Greeley-Ft. Collins-Love, CO)Denver CountyNonattainment-deferred9/30/2005
Boulder County (includes part of Rocky Mtn National Park)Nonattainment-deferred9/30/2005
Jefferson CountyNonattainment-deferred9/30/2005
Douglas CountyNonattainment-referred9/30/2005
BroomfieldNonattainment-deferred9/30/2005
Adams CountyNonattainment-deferred9/30/2005
Arapahoe CountyNonattainment-deferred9/30/2005
Larimer County (part)Nonattainment-deferred9/30/2005
Weld County (part)Nonattainment-deferred9/30/2005
1 Henderson and Transylvania Counties opted out of the Mountain Area of Western NC compact and are no longer participating.
2 The 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.

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 Start Printed Page 23869compact 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 Start Printed Page 23870welfare 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 NOX 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 Start Printed Page 23871action 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 NOX 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 Start Printed Page 23872transportation 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 NOX 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?

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. Start Printed Page 23873

XI. Statutory and Executive Order Reviews

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 Start Printed Page 23874informing, 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. Start Printed Page 23875

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.

Start List of Subjects

List of Subjects in 40 CFR Part 81

End List of Subjects Start Signature

Dated: April 15, 2004.

Michael O. Leavitt,

Administrator.

End Signature Start Amendment Part

For the reasons set forth in the preamble,

End Amendment Part Start Part

PART 81—DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES

End Part Start Amendment Part

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

End Amendment Part Start Authority

Authority: 42 U.S.C. 7401 et seq.

End Authority

Subpart C—Section 107 Attainment Status Designations

Start Amendment Part

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

End Amendment Part
Scope.
* * * * *

(e) Provisions for Early Action Compact Areas with Deferred Effective Date of Nonattainment Designation. Start Printed Page 23876

(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.

Start Part

PART 81—[AMENDED]

End Part Start Amendment Part

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

End Amendment Part
Alabama.
* * * * *
Start Printed Page 23877

Alabama—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Birmingham, AL:
Jefferson CountyNonattainmentSubpart 1.
Shelby CountyNonattainmentSubpart 1.
Rest of StateUnclassifiable/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
a Includes Indian Country located in each county or area, except as otherwise specified.Start Printed Page 23878
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Alaska.
* * * * *

Alaska—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
AQCR 08 Cook Inlet IntrastateUnclassifiable/Attainment
Anchorage Borough
Kenai Peninsula Borough
Matanuska-Susitna Borough
AQCR 09 Northern Alaska IntrastateUnclassifiable/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 IntrastateUnclassifiable/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 IntrastateUnclassifiable/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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Arizona.
* * * * *

Arizona—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Phoenix-Mesa, AZ:
Maricopa County (part)NonattainmentSubpart 1
T1N, R1E (except that portion in Indian Country); 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 in Gila 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);
Start Printed Page 23879
T3N, R11E (except that portion in Gila County); 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, R5W T7N, R1E (except that portion in Yavapai County); 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 Gila County); T7N, R1W (except that portion in Yavapai County); T7N, R2W (except that portion in Yavapai County); T8N, R2E (except that portion in Yavapai County); T8N, R3E (except that portion in Yavapai County); T8N, R4E (except that portion in Yavapai County); T8N, R5E (except that portion in Yavapai County); T8N, R6E (except that portion in Yavapai County); T8N, R7E (except that portion in Yavapai County); T8N, R8E (except that portion in Yavapai and Gila Counties); T8N, R9E (except that portion in Yavapai and Gila Counties); T1S, R1E (except that portion in Indian Country); 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)NonattainmentSubpart 1
Apache Junction: T1N, R8E; T1S, R8E (Sections 1 through 12)
Rest of StateUnclassifiable/Attainment
Start Printed Page 23880
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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Arkansas.
* * * * *

Arkansas—Ozone (8-Hour Standard)

Designated areaDesignationaCategory/classification
Date 1TypeDate 1Type
Memphis, TN-AR:
(AQCR 018 Metropolitan Memphis Interstate)
Crittenden CountyNonattainmentSubpart 2/Moderate.
AQCR 016 Central Arkansas Intrastate (part)Unclassifiable/Attainment
Pulaski County
AQCR 016 Central 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 017 Metropolitan Fort Smith InterstateUnclassifiable/Attainment
Benton County
Crawford County
Sebastian County
Washington County
AQCR 019 Monroe-El Dorado InterstateUnclassifiable/Attainment
Ashley County
Bradley County
Calhoun County
Nevada County
Ouachita County
Union County
AQCR 020 Northeast Arkansas IntrastateUnclassifiable/Attainment
Arkansas County
Clay County
Craighead County
Cross County
Start Printed Page 23881
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 021 Northwest Arkansas IntrastateUnclassifiable/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 022 Shreveport-Texarkana-Tyler Interstate.Unclassifiable/Attainment
Columbia County
Hempstead County
Howard County
Lafayette County
Little River County
Miller County
Sevier County
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
California.
* * * * *

California—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Amador and Calaveras Cos., CA:
(Central Mountain Cos.)
Amador CountyNonattainmentSubpart 1.
Calaveras CountyNonattainmentSubpart 1.
Chico, CA:
Butte CountyNonattainmentSubpart 1.
Kern County (Eastern Kern), CANonattainmentSubpart 1.
Start Printed Page 23882
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 CountyNonattainmentSubpart 2/Marginal.
Los Angeles—South Coast Air Basin, CA:NonattainmentSubpart 2/Severe 17.
Los Angeles County (part)NonattainmentSubpart 2/Severe 17.
Start Printed Page 23883
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 CountyNonattainmentSubpart 2/Severe 17.
Riverside County (part)NonattainmentSubpart 2/Severe 17.
Start Printed Page 23884
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)NonattainmentSubpart 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:NonattainmentSubpart 2/Moderate.
Los Angeles County (part)NonattainmentSubpart 2/Moderate.
Start Printed Page 23885
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)NonattainmentSubpart 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 CountyNonattainmentSubpart 1.
Tuolumne CountyNonattainmentSubpart 1.
Riverside Co. (Coachella Valley), CA;NonattainmentSubpart 2/Serious.
Start Printed Page 23886
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, CANonattainmentSubpart 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)NonattainmentSubpart 2/Serious.
Start Printed Page 23887
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 CountyNonattainmentSubpart 2/Serious.
Solano County (part)NonattainmentSubpart 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 the 1/4 section 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 said 1/4 section line to the east boundary of Section 36, Township 6 North, Range 2 West, thence south 1/2 mile 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 south 1/4 corner of Section 8, Township 3 North, Range 2 East, thence east to the boundary between Solano and Sacramento Counties.
Sutter County (part)NonattainmentSubbpart 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 CountyNonattainmentSubpart 2/Serious.
San Diego, CANonattainmentSubpart 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, CANonattainmentSubpart 2/Marginal.
Alameda CountyNonattainmentSubpart 2/Marginal.
Contra Costa CountyNonattainmentSubpart 2/Marginal.
Marin CountyNonattainmentSubpart 2/Marginal.
Napa CountyNonattainmentSubpart 2/Marginal.
San Francisco CountyNonattainmentSubpart 2/Marginal.
San Mateo CountyNonattainmentSubpart 2/Marginal.
Santa Clara CountyNonattainmentSubpart 2/Marginal.
Solano County (part)NonattainmentSubpart 2/Marginal.
Start Printed Page 23888
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 the 1/4 section line running east and west through the center of Section 34, T6N, R2W, M.D.B. & M., thence east along said 1/4 section line to the east boundary of Section 36, T6N, R2W, thence south 1/2 mile 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 south 1/4 corner of Section 8, T3N, R2E, thence east to the boundary between Solano and Sacramento Counties.
Sonoma County (part)NonattainmentSubpart 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 CountyNonattainmentSubpart 2/Serious.
Kern County (part)NonattainmentSubpart 2/Serious.
Start Printed Page 23889
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 CountyNonattainmentSubpart 2/Serious.
Madera CountyNonattainmentSubpart 2/Serious.
Merced CountyNonattainmentSubpart 2/Serious.
San Joaquin CountyNonattainmentSubpart 2/Serious.
Stanislaus CountyNonattainmentSubpart 2/Serious.
Tulare CountyNonattainmentSubpart 2/Serious.
Sutter County (part), CA:
Sutter County (part)NonattainmentSubpart 1.
(Sutter Buttes) That portion of the Sutter Buttes mountain range at or above 2,000 feet in elevation.
Remainder of CountyUnclassifiable/Attainment
Ventura County, CA:
Ventura County (part)NonattainmentSubpart 2/Moderate.
That part of Ventura County excluding the Channel Islands of Anacapa and San Nicolas Islands.
Remainder of CountyUnclassifiable/Attainment
Nevada County (Western part), CANonattainmentSubpart 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 CountyUnclassifiable/Attainment
Mohave Desert Air Basin:
Riverside County (part) remainderUnclassifiable/Attainment
San Bernardino County (part) remainderUnclassifiable/Attainment
Great Basin Valleys Air BasinUnclassifiable/Attainment
Start Printed Page 23890
Alpine County
Inyo County
Mono County
Lake County Air BasinUnclassifiable/Attainment
Lake County
Lake Tahoe Air BasinUnclassifiable/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 AreaUnclassifiable/Attainment
Monterey County
San Benito County
Santa Cruz County
Mountain Counties Air Basin (remainder of):
Nevada County (part) remainderUnclassifiable/Attainment
Plumas CountyUnclassifiable/Attainment
Sierra CountyUnclassifiable/Attainment
North Coast Air BasinUnclassifiable/Attainment
Del Norte County
Humboldt County
Mendocino County
Sonoma County (part) remainder
Trinity County
Northeast Plateau Air BasinUnclassifiable/Attainment
Lassen County
Modoc County
Siskiyou County
Sacramento Valley Air Basin (remainder of):
Colusa CountyUnclassifiable/Attainment
Glenn CountyUnclassifiable/Attainment
Shasta CountyUnclassifiable/Attainment
Tehama CountyUnclassifiable/Attainment
Yuba CountyUnclassifiable/Attainment
South Central Coast Air Basin:
(remainder of)
Channel IslandsUnclassifiable/Attainment
San Luis Obispo CountyUnclassifiable/Attainment
a Includes Indian Country located in each county or area, except as otherwise specified.
b The 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.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Colorado.
* * * * *

Colorado—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
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.
Start Printed Page 23891
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 Larimer County'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 01Unclassifiable/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 11Unclassifiable/Attainment
Garfield County
Mesa County
Moffat County
Rio Blanco County
Rest of StateUnclassifiable/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
Start Printed Page 23892
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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
2 Early Action Compact Area, effective date deferred until September 30, 2005.
Start Amendment Part

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

End Amendment Part
Connecticut.
* * * * *

Connecticut—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Greater Connecticut, CT:
Hartford CountyNonattainmentSubpart 2/Moderate.
Litchfield CountyNonattainmentSubpart 2/Moderate.
New London CountyNonattainmentSubpart 2/Moderate.
Tolland CountyNonattainmentSubpart 2/Moderate.
Windham CountyNonattainmentSubpart 2/Moderate.
New York-N. New Jersey-Long Island, NY-NJ-CT:
Fairfield CountyNonattainmentSubpart 2/Moderate.
Middlesex CountyNonattainmentSubpart 2/Moderate.
New Haven CountyNonattainmentSubpart 2/Moderate.
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Delaware.
* * * * *

Delaware—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Philadelphia-Wilmington-Atlantic Ci, PA-NJ-MD-DE:
Kent CountyNonattainmentSubpart 2/Moderate.
New Castle CountyNonattainmentSubpart 2/Moderate.
Sussex CountyNonattainmentSubpart 2/Moderate.
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Printed Page 23893 Start Amendment Part

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

End Amendment Part
District of Columbia.
* * * * *

District of Columbia—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Washington, DC-MD-VA:
District of ColumbiaNonattainmentSubpart 2/Moderate.
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Florida.
* * * * *

Florida—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
StatewideUnclassifiable/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
Start Printed Page 23894
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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Georgia.
* * * * *

Georgia—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Atlanta, GA:
Barrow CountyNonattainmentSubpart 2/Marginal.
Bartow CountyNonattainmentSubpart 2/Marginal.
Carroll CountyNonattainmentSubpart 2/Marginal.
Cherokee CountyNonattainmentSubpart 2/Marginal.
Clayton CountyNonattainmentSubpart 2/Marginal.
Cobb CountyNonattainmentSubpart 2/Marginal.
Coweta CountyNonattainmentSubpart 2/Marginal.
DeKalb CountyNonattainmentSubpart 2/Marginal.
Douglas CountyNonattainmentSubpart 2/Marginal.
Fayette CountyNonattainmentSubpart 2/Marginal.
Forsyth CountyNonattainmentSubpart 2/Marginal.
Fulton CountyNonattainmentSubpart 2/Marginal.
Gwinnett CountyNonattainmentSubpart 2/Marginal.
Hall CountyNonattainmentSubpart 2/Marginal.
Henry CountyNonattainmentSubpart 2/Marginal.
Newton CountyNonattainmentSubpart 2/Marginal.
Paulding CountyNonattainmentSubpart 2/Marginal.
Rockdale CountyNonattainmentSubpart 2/Marginal.
Spalding CountyNonattainmentSubpart 2/Marginal.
Walton CountyNonattainmentSubpart 2/Marginal.
Macon, GA:
Bibb CountyNonattainmentSubpart 1.
Monroe County (part)NonattainmentSubpart 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 CountyNonattainmentSubpart 1.
Start Printed Page 23895
Murray Co (Chattahoochee Nat Forest), GA:
Murray County (part)NonattainmentSubpart 1.
Rest of StateUnclassifiable/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
Start Printed Page 23896
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
Start Printed Page 23897
Worth County
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Hawaii.
* * * * *

Hawaii—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
StatewideUnclassifiable Attainment
Hawaii County
Honolulu County
Kalawao County
Kauai County
Maui County
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Idaho.
* * * * *

Idaho—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
AQCR 61 Eastern Idaho IntrastateUnclassifiable/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 InterstateUnclassifiable/Attainment
Benewah County
Kootenai County
Latah County
Nez Perce County
Shoshone County
AQCR 63 Idaho IntrastateUnclassifiable/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
Start Printed Page 23898
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 InterstateUnclassifiable/Attainment
Ada County
Canyon County
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Illinois.
* * * * *

Illinois—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Chicago-Gary-Lake County, IL-IN:
Cook CountyNonattainmentSubpart 2/Moderate.
DuPage CountyNonattainmentSubpart 2/Moderate.
Grundy County (part)NonattainmentSubpart 2/Moderate.
Aux Sable Township Goose Lake Township
Kane CountyNonattainmentSubpart 2/Moderate.
Kendall County (part)NonattainmentSubpart 2/Moderate.
Oswego Township
Lake CountyNonattainmentSubpart 2/Moderate.
McHenry CountyNonattainmentSubpart 2/Moderate.
Will CountyNonattainmentSubpart 2/Moderate.
St. Louis, MO-IL:
Jersey CountyNonattainmentSubpart 2/Moderate.
Madison CountyNonattainmentSubpart 2/Moderate.
Monroe CountyNonattainmentSubpart 2/Moderate.
St. Clair CountyNonattainmentSubpart 2/Moderate.
Rest of State
Adams CountyUnclassifiable/Attainment
Alexander CountyUnclassifiable/Attainment
Bond CountyUnclassifiable/Attainment
Boone CountyUnclassifiable/Attainment
Brown CountyUnclassifiable/Attainment
Bureau CountyUnclassifiable/Attainment
Calhoun CountyUnclassifiable/Attainment
Carroll CountyUnclassifiable/Attainment
Cass CountyUnclassifiable/Attainment
Champaign CountyUnclassifiable/Attainment
Christian CountyUnclassifiable/Attainment
Clark CountyUnclassifiable/Attainment
Clay CountyUnclassifiable/Attainment
Clinton CountyUnclassifiable/Attainment
Coles CountyUnclassifiable/Attainment
Crawford CountyUnclassifiable/Attainment
Cumberland CountyUnclassifiable/Attainment
De Witt CountyUnclassifiable/Attainment
DeKalb CountyUnclassifiable/Attainment
Douglas CountyUnclassifiable/Attainment
Edgar CountyUnclassifiable/Attainment
Edwards CountyUnclassifiable/Attainment
Effingham CountyUnclassifiable/Attainment
Fayette CountyUnclassifiable/Attainment
Ford CountyUnclassifiable/Attainment
Start Printed Page 23899
Franklin CountyUnclassifiable/Attainment
Fulton CountyUnclassifiable/Attainment
Gallatin CountyUnclassifiable/Attainment
Greene CountyUnclassifiable/Attainment
Grundy County (part)Unclassifiable/Attainment
All townships except Aux Sable and Goose Lake.
Hamilton CountyUnclassifiable/Attainment
Hancock CountyUnclassifiable/Attainment
Hardin CountyUnclassifiable/Attainment
Henderson CountyUnclassifiable/Attainment
Henry CountyUnclassifiable/Attainment
Iroquois CountyUnclassifiable/Attainment
Jackson CountyUnclassifiable/Attainment
Jasper CountyUnclassifiable/Attainment
Jefferson CountyUnclassifiable/Attainment
Jo Daviess CountyUnclassifiable/Attainment
Johnson CountyUnclassifiable/Attainment
Kankakee CountyUnclassifiable/Attainment
Kendall County (part)Unclassifiable/Attainment
All townships except Oswego
Knox CountyUnclassifiable/Attainment
La Salle CountyUnclassifiable/Attainment
Lawrence CountyUnclassifiable/Attainment
Lee CountyUnclassifiable/Attainment
Livingston CountyUnclassifiable/Attainment
Logan CountyUnclassifiable/Attainment
Macon CountyUnclassifiable/Attainment
Macoupin CountyUnclassifiable/Attainment
Marion CountyUnclassifiable/Attainment
Marshall CountyUnclassifiable/Attainment
Mason CountyUnclassifiable/Attainment
Massac CountyUnclassifiable/Attainment
McDonough CountyUnclassifiable/Attainment
McLean CountyUnclassifiable/Attainment
Menard CountyUnclassifiable/Attainment
Mercer CountyUnclassifiable/Attainment
Montgomery CountyUnclassifiable/Attainment
Morgan CountyUnclassifiable/Attainment
Moultrie CountyUnclassifiable/Attainment
Ogle CountyUnclassifiable/Attainment
Peoria CountyUnclassifiable/Attainment
Perry CountyUnclassifiable/Attainment
Piatt CountyUnclassifiable/Attainment
Pike CountyUnclassifiable/Attainment
Pope CountyUnclassifiable/Attainment
Pulaski CountyUnclassifiable/Attainment
Putnam CountyUnclassifiable/Attainment
Randolph CountyUnclassifiable/Attainment
Richland CountyUnclassifiable/Attainment
Rock Island CountyUnclassifiable/Attainment
Saline CountyUnclassifiable/Attainment
Sangamon CountyUnclassifiable/Attainment
Schuyler CountyUnclassifiable/Attainment
Scott CountyUnclassifiable/Attainment
Shelby CountyUnclassifiable/Attainment
Stark CountyUnclassifiable/Attainment
Stephenson CountyUnclassifiable/Attainment
Tazewell CountyUnclassifiable/Attainment
Union CountyUnclassifiable/Attainment
Vermilion CountyUnclassifiable/Attainment
Wabash CountyUnclassifiable/Attainment
Warren CountyUnclassifiable/Attainment
Washington CountyUnclassifiable/Attainment
Wayne CountyUnclassifiable/Attainment
White CountyUnclassifiable/Attainment
Whiteside CountyUnclassifiable/Attainment
Williamson CountyUnclassifiable/Attainment
Winnebago CountyUnclassifiable/Attainment
Woodford CountyUnclassifiable/Attainment
a Includes Indian Country located in each county or area, except as otherwise specified. Start Printed Page 23900
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Indiana.

Indiana—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Chicago-Gary-Lake County, IL-IN:
Lake CountyNonattainmentSubpart 2/Moderate.
Porter CountyNonattainmentSubpart 2/Moderate.
Cincinnati-Hamilton, OH-KY-IN:
Dearborn County (part)NonattainmentSubpart 1.
Lawrenceburg Township
Evansville, IN:
Vanderburgh CountyNonattainmentSubpart 1.
Warrick CountyNonattainmentSubpart 1.
Fort Wayne, IN:
Allen CountyNonattainmentSubpart 1.
Greene Co., IN:
Greene CountyNonattainmentSubpart 1.
Indianapolis, IN:
Boone CountyNonattainmentSubpart 1.
Hamilton CountyNonattainmentSubpart 1.
Hancock CountyNonattainmentSubpart 1.
Hendricks CountyNonattainmentSubpart 1.
Johnson CountyNonattainmentSubpart 1.
Madison CountyNonattainmentSubpart 1.
Marion CountyNonattainmentSubpart 1.
Morgan CountyNonattainmentSubpart 1.
Shelby CountyNonattainmentSubpart 1.
Jackson Co., IN:
Jackson CountyNonattainmentSubpart 1.
La Porte Co., IN:
La Porte CountyNonattainmentSubpart 2/Moderate.
Louisville, KY-IN:
Clark CountyNonattainmentSubpart 1.
Floyd CountyNonattainmentSubpart 1.
Muncie, IN:
Delaware CountyNonattainmentSubpart 1.
South Bend-Elkhart, IN:
Elkhart CountyNonattainmentSubpart 1.
St. Joseph CountyNonattainmentSubpart 1.
Terre Haute, IN:
Vigo CountyNonattainmentSubpart 1.
Rest of State
Adams CountyUnclassifiable/Attainment.
Bartholomew CountyUnclassifiable/Attainment.
Benton CountyUnclassifiable/Attainment.
Blackford CountyUnclassifiable/Attainment.
Brown CountyUnclassifiable/Attainment.
Carroll CountyUnclassifiable/Attainment.
Cass CountyUnclassifiable/Attainment.
Clay CountyUnclassifiable/Attainment.
Clinton CountyUnclassifiable/Attainment.
Crawford CountyUnclassifiable/Attainment.
Daviess CountyUnclassifiable/Attainment.
De Kalb CountyUnclassifiable/Attainment.
Dearborn County (part) remainderUnclassifiable/Attainment.
Decatur CountyUnclassifiable/Attainment.
Dubois CountyUnclassifiable/Attainment.
Fayette CountyUnclassifiable/Attainment.
Fountain CountyUnclassifiable/Attainment.
Franklin CountyUnclassifiable/Attainment.
Fulton CountyUnclassifiable/Attainment.
Gibson CountyUnclassifiable/Attainment.
Grant CountyUnclassifiable/Attainment.
Harrison CountyUnclassifiable/Attainment.
Henry CountyUnclassifiable/Attainment.
Howard CountyUnclassifiable/Attainment.
Huntington CountyUnclassifiable/Attainment.
Start Printed Page 23901
Jasper CountyUnclassifiable/Attainment.
Jay CountyUnclassifiable/Attainment.
Jefferson CountyUnclassifiable/Attainment.
Jennings CountyUnclassifiable/Attainment.
Knox CountyUnclassifiable/Attainment.
Kosciusko CountyUnclassifiable/Attainment.
LaGrange CountyUnclassifiable/Attainment.
Lawrence CountyUnclassifiable/Attainment.
Marshall CountyUnclassifiable/Attainment.
Martin CountyUnclassifiable/Attainment.
Miami CountyUnclassifiable/Attainment.
Monroe CountyUnclassifiable/Attainment.
Montgomery CountyUnclassifiable/Attainment.
Newton CountyUnclassifiable/Attainment.
Noble CountyUnclassifiable/Attainment.
Ohio CountyUnclassifiable/Attainment.
Orange CountyUnclassifiable/Attainment.
Owen CountyUnclassifiable/Attainment.
Parke CountyUnclassifiable/Attainment.
Perry CountyUnclassifiable/Attainment.
Pike CountyUnclassifiable/Attainment.
Posey CountyUnclassifiable/Attainment.
Pulaski CountyUnclassifiable/Attainment.
Putnam CountyUnclassifiable/Attainment.
Randolph CountyUnclassifiable/Attainment.
Ripley CountyUnclassifiable/Attainment.
Rush CountyUnclassifiable/Attainment.
Scott CountyUnclassifiable/Attainment.
Spencer CountyUnclassifiable/Attainment.
Starke CountyUnclassifiable/Attainment.
Steuben CountyUnclassifiable/Attainment.
Sullivan CountyUnclassifiable/Attainment.
Switzerland CountyUnclassifiable/Attainment.
Tippecanoe CountyUnclassifiable/Attainment.
Tipton CountyUnclassifiable/Attainment.
Union CountyUnclassifiable/Attainment.
Vermillion CountyUnclassifiable/Attainment.
Wabash CountyUnclassifiable/Attainment.
Warren CountyUnclassifiable/Attainment.
Warrick CountyUnclassifiable/Attainment.
Washington CountyUnclassifiable/Attainment.
Wayne CountyUnclassifiable/Attainment.
Wells CountyUnclassifiable/Attainment.
White CountyUnclassifiable/Attainment.
Whitley CountyUnclassifiable/Attainment.
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Iowa.
* * * * *

Iowa—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
StatewideUnclassifiable/Attainment.
Adair County
Adams County
Allamakee County
Appanoose County
Audubon County
Benton County
Black Hawk County
Boone County
Bremer County
Start Printed Page 23902
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
Start Printed Page 23903
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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Kansas.
* * * * *

Kansas—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Kansas City, KS-MO:
Johnson CountyUnclassifiableb
Linn CountyUnclassifiableb
Miami CountyUnclassifiableb
Wyandotte CountyUnclassifiableb
Rest of State:
Allen CountyUnclassifiable/Attainment.
Anderson CountyUnclassifiable/Attainment.
Atchison CountyUnclassifiable/Attainment.
Barber CountyUnclassifiable/Attainment.
Barton CountyUnclassifiable/Attainment.
Bourbon CountyUnclassifiable/Attainment.
Brown CountyUnclassifiable/Attainment.
Butler CountyUnclassifiable/Attainment.
Chase CountyUnclassifiable/Attainment.
Chautauqua CountyUnclassifiable/Attainment.
Cherokee CountyUnclassifiable/Attainment.
Cheyenne CountyUnclassifiable/Attainment.
Clark CountyUnclassifiable/Attainment.
Clay CountyUnclassifiable/Attainment.
Cloud CountyUnclassifiable/Attainment.
Coffey CountyUnclassifiable/Attainment.
Comanche CountyUnclassifiable/Attainment.
Cowley CountyUnclassifiable/Attainment.
Crawford CountyUnclassifiable/Attainment.
Decatur CountyUnclassifiable/Attainment.
Dickinson CountyUnclassifiable/Attainment.
Doniphan CountyUnclassifiable/Attainment.
Douglas CountyUnclassifiable/Attainment.
Edwards CountyUnclassifiable/Attainment.
Elk CountyUnclassifiable/Attainment.
Ellis CountyUnclassifiable/Attainment.
Ellsworth CountyUnclassifiable/Attainment.
Finney CountyUnclassifiable/Attainment.
Ford CountyUnclassifiable/Attainment.
Start Printed Page 23904
Franklin CountyUnclassifiable/Attainment.
Geary CountyUnclassifiable/Attainment.
Gove CountyUnclassifiable/Attainment.
Graham CountyUnclassifiable/Attainment.
Grant CountyUnclassifiable/Attainment.
Gray CountyUnclassifiable/Attainment.
Greeley CountyUnclassifiable/Attainment.
Greenwood CountyUnclassifiable/Attainment.
Hamilton CountyUnclassifiable/Attainment.
Harper CountyUnclassifiable/Attainment.
Harvey CountyUnclassifiable/Attainment.
Haskell CountyUnclassifiable/Attainment.
Hodgeman CountyUnclassifiable/Attainment.
Jackson CountyUnclassifiable/Attainment.
Jefferson CountyUnclassifiable/Attainment.
Jewell CountyUnclassifiable/Attainment.
Kearny CountyUnclassifiable/Attainment.
Kingman CountyUnclassifiable/Attainment.
Kiowa CountyUnclassifiable/Attainment.
Labette CountyUnclassifiable/Attainment.
Lane CountyUnclassifiable/Attainment.
Leavenworth CountyUnclassifiable/Attainment.
Lincoln CountyUnclassifiable/Attainment.
Logan CountyUnclassifiable/Attainment.
Lyon CountyUnclassifiable/Attainment.
Marion CountyUnclassifiable/Attainment.
Marshall CountyUnclassifiable/Attainment.
McPherson CountyUnclassifiable/Attainment.
Meade CountyUnclassifiable/Attainment.
Mitchell CountyUnclassifiable/Attainment.
Montgomery CountyUnclassifiable/Attainment.
Morris CountyUnclassifiable/Attainment.
Morton CountyUnclassifiable/Attainment.
Nemaha CountyUnclassifiable/Attainment.
Neosho CountyUnclassifiable/Attainment.
Ness CountyUnclassifiable/Attainment.
Norton CountyUnclassifiable/Attainment.
Osage CountyUnclassifiable/Attainment.
Osborne CountyUnclassifiable/Attainment.
Ottawa CountyUnclassifiable/Attainment.
Pawnee CountyUnclassifiable/Attainment.
Phillips CountyUnclassifiable/Attainment.
Pottawatomie CountyUnclassifiable/Attainment.
Pratt CountyUnclassifiable/Attainment.
Rawlins CountyUnclassifiable/Attainment.
Reno CountyUnclassifiable/Attainment.
Republic CountyUnclassifiable/Attainment.
Rice CountyUnclassifiable/Attainment.
Riley CountyUnclassifiable/Attainment.
Rooks CountyUnclassifiable/Attainment.
Rush CountyUnclassifiable/Attainment.
Russell CountyUnclassifiable/Attainment.
Saline CountyUnclassifiable/Attainment.
Scott CountyUnclassifiable/Attainment.
Sedgwick CountyUnclassifiable/Attainment.
Seward CountyUnclassifiable/Attainment.
Shawnee CountyUnclassifiable/Attainment.
Sheridan CountyUnclassifiable/Attainment.
Sherman CountyUnclassifiable/Attainment.
Smith CountyUnclassifiable/Attainment.
Stafford CountyUnclassifiable/Attainment.
Stanton CountyUnclassifiable/Attainment.
Stevens CountyUnclassifiable/Attainment.
Sumner CountyUnclassifiable/Attainment.
Thomas CountyUnclassifiable/Attainment.
Trego CountyUnclassifiable/Attainment.
Wabaunsee CountyUnclassifiable/Attainment.
Wallace CountyUnclassifiable/Attainment.
Washington CountyUnclassifiable/Attainment.
Wichita CountyUnclassifiable/Attainment.
Start Printed Page 23905
Wilson CountyUnclassifiable/Attainment.
Woodson CountyUnclassifiable/Attainment.
a Includes Indian Country located in each county or area, except as otherwise specified.
b This area is given an “Unclassifiable” designation. EPA will review all available information and make an attainment or nonattainment decision after reviewing the 2004 data.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Kentucky.
* * * * *

Kentucky—Ozone (8-Hour Standard)

DesignationDesignation aCategory/classification
Date 1TypeDate 1Type
Cincinnati-Hamilton, OH-KY-IN:
Boone CountyNonattainmentSubpart 1.
Campbell CountyNonattainmentSubpart 1.
Kenton CountyNonattainmentSubpart 1.
Clarkesville-Hopkinsville, TN-KY:
Christian CountyNonattainmentSubpart 1.
Louisville, KY-IN:
Bullitt CountyNonattainmentSubpart 1.
Jefferson CountyNonattainmentSubpart 1.
Oldham CountyNonattainmentSubpart 1.
Huntington-Ashland, WV-KY:
Boyd CountyNonattainmentSubpart 1.
Rest of State
Adair CountyUnclassifiable/Attainment
Allen CountyUnclassifiable/Attainment
Anderson CountyUnclassifiable/Attainment
Ballard CountyUnclassifiable/Attainment
Barren CountyUnclassifiable/Attainment
Bath CountyUnclassifiable/Attainment
Bell CountyUnclassifiable/Attainment
Bourbon CountyUnclassifiable/Attainment
Boyle CountyUnclassifiable/Attainment
Bracken CountyUnclassifiable/Attainment
Breathitt CountyUnclassifiable/Attainment
Breckinridge CountyUnclassifiable/Attainment
Butler CountyUnclassifiable/Attainment
Caldwell CountyUnclassifiable/Attainment
Calloway CountyUnclassifiable/Attainment
Carlisle CountyUnclassifiable/Attainment
Carroll CountyUnclassifiable/Attainment
Carter CountyUnclassifiable/Attainment
Casey CountyUnclassifiable/Attainment
Clark CountyUnclassifiable/Attainment
Clay CountyUnclassifiable/Attainment
Clinton CountyUnclassifiable/Attainment
Crittenden CountyUnclassifiable/Attainment
Cumberland CountyUnclassifiable/Attainment
Daviess CountyUnclassifiable/Attainment
Edmonson CountyUnclassifiable/Attainment
Elliott CountyUnclassifiable/Attainment
Estill CountyUnclassifiable/Attainment
Fayette CountyUnclassifiable/Attainment
Fleming CountyUnclassifiable/Attainment
Floyd CountyUnclassifiable/Attainment
Franklin CountyUnclassifiable/Attainment
Fulton CountyUnclassifiable/Attainment
Gallatin CountyUnclassifiable/Attainment
Garrard CountyUnclassifiable/Attainment
Grant CountyUnclassifiable/Attainment
Graves CountyUnclassifiable/Attainment
Grayson CountyUnclassifiable/Attainment
Green CountyUnclassifiable/Attainment
Start Printed Page 23906
Greenup CountyUnclassifiable/Attainment
Hancock CountyUnclassifiable/Attainment
Hardin CountyUnclassifiable/Attainment
Harlan CountyUnclassifiable/Attainment
Harrison CountyUnclassifiable/Attainment
Hart CountyUnclassifiable/Attainment
Henderson CountyUnclassifiable/Attainment
Henry CountyUnclassifiable/Attainment
Hickman CountyUnclassifiable/Attainment
Hopkins CountyUnclassifiable/Attainment
Jackson CountyUnclassifiable/Attainment
Jessamine CountyUnclassifiable/Attainment
Johnson CountyUnclassifiable/Attainment
Knott CountyUnclassifiable/Attainment
Knox CountyUnclassifiable/Attainment
Larue CountyUnclassifiable/Attainment
Laurel CountyUnclassifiable/Attainment
Lawrence CountyUnclassifiable/Attainment
Lee County.Unclassifiable/Attainment
Leslie CountyUnclassifiable/Attainment
Letcher CountyUnclassifiable/Attainment
Lewis CountyUnclassifiable/Attainment
Lincoln CountyUnclassifiable/Attainment
Livingston CountyUnclassifiable/Attainment
Logan CountyUnclassifiable/Attainment
Lyon CountyUnclassifiable/Attainment
Madison CountyUnclassifiable/Attainment
Magoffin CountyUnclassifiable/Attainment
Marion CountyUnclassifiable/Attainment
Marshall CountyUnclassifiable/Attainment
Martin CountyUnclassifiable/Attainment
Mason CountyUnclassifiable/Attainment
McCracken CountyUnclassifiable/Attainment
McCreary CountyUnclassifiable/Attainment
McLean CountyUnclassifiable/Attainment
Meade CountyUnclassifiable/Attainment
Menifee CountyUnclassifiable/Attainment
Mercer CountyUnclassifiable/Attainment
Metcalfe CountyUnclassifiable/Attainment
Monroe CountyUnclassifiable/Attainment
Montgomery CountyUnclassifiable/Attainment
Morgan CountyUnclassifiable/Attainment
Muhlenberg CountyUnclassifiable/Attainment
Nelson CountyUnclassifiable/Attainment
Nicholas CountyUnclassifiable/Attainment
Ohio CountyUnclassifiable/Attainment
Owen CountyUnclassifiable/Attainment
Owsley CountyUnclassifiable/Attainment
Pendleton CountyUnclassifiable/Attainment
Perry CountyUnclassifiable/Attainment
Pike CountyUnclassifiable/Attainment
Powell CountyUnclassifiable/Attainment
Pulaski CountyUnclassifiable/Attainment
Robertson CountyUnclassifiable/Attainment
Rockcastle CountyUnclassifiable/Attainment
Rowan CountyUnclassifiable/Attainment
Russell CountyUnclassifiable/Attainment
Scott CountyUnclassifiable/Attainment
Shelby CountyUnclassifiable/Attainment
Simpson CountyUnclassifiable/Attainment
Spencer CountyUnclassifiable/Attainment
Taylor CountyUnclassifiable/Attainment
Todd CountyUnclassifiable/Attainment
Trigg CountyUnclassifiable/Attainment
Trimble CountyUnclassifiable/Attainment
Union CountyUnclassifiable/Attainment
Warren CountyUnclassifiable/Attainment
Washington CountyUnclassifiable/Attainment
Wayne CountyUnclassifiable/Attainment
Webster CountyUnclassifiable/Attainment
Start Printed Page 23907
Whitley CountyUnclassifiable/Attainment
Wolfe CountyUnclassifiable/Attainment
Woodford CountyUnclassifiable/Attainment
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Louisiana.
* * * * *

Louisiana—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Baton Rouge, LA:
Ascension ParishNonattainmentSubpart 2/Marginal.
East Baton Rouge ParishNonattainmentSubpart 2/Marginal.
Iberville ParishNonattainmentSubpart 2/Marginal.
Livingston ParishNonattainmentSubpart 2/Marginal.
West Baton Rouge ParishNonattainmentSubpart 2/Marginal.
Beauregard Parish Area, LA:
Beauregard ParishUnclassifiable/Attainment
Grant Parish Area:
Grant ParishUnclassifiable/Attainment
Lafayette Area:
Lafayette ParishUnclassifiable/Attainment
Lafourche Parish Area:
Lafourche ParishUnclassifiable/Attainment
Lake Charles Area:
Calcasieu ParishUnclassifiable/Attainment
New Orleans Area:
Jefferson ParishUnclassifiable/Attainment
Orleans ParishUnclassifiable/Attainment
St. Bernard ParishUnclassifiable/Attainment
St. Charles ParishUnclassifiable/Attainment
Pointe Coupee Area:
Pointe Coupee ParishUnclassifiable/Attainment
St. James Parish Area:
St. James ParishUnclassifiable/Attainment
St. Mary Parish Area:
St. Mary ParishUnclassifiable/Attainment
AQCR 019 Monroe-El Dorado InterstateUnclassifiable/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 InterstateUnclassifiable/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
Start Printed Page 23908
Winn Parish
AQCR 106 S. Louisiana-S.E. Texas Interstate:
St. John the Baptist ParishUnclassifiable/Attainment
AQCR 106 S. Louisiana-S.E. Texas InterstateUnclassifiable/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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Maine.
* * * * *

Maine—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Hancock, Knox, Lincoln and Waldo Cos., ME:
Hancock County (part)NonattainmentSubpart 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)NonattainmentSubpart 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)NonattainmentSubpart 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)NonattainmentSubpart 1.
(includes only the following town): Islesboro
Portland, ME:
Androscoggin County (part)NonattainmentSubpart 2/Marginal.
(includes only the following town): Durham
Cumberland County (part)NonattainmentSubpart 2/Marginal.
Start Printed Page 23909
(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 CountyNonattainmentSubpart 2/Marginal.
(includes all cities & towns)
York County (part)NonattainmentSubpart 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 StateUnclassifiable 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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Maryland.
* * * * *

Maryland—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Baltimore, MD:
Anne Arundel CountyNonattainmentSubpart 2/Moderate.
City of BaltimoreNonattainmentSubpart 2/Moderate.
Baltimore CountyNonattainmentSubpart 2/Moderate.
Carroll CountyNonattainmentSubpart 2/Moderate.
Harford CountyNonattainmentSubpart 2/Moderate.
Howard CountyNonattainmentSubpart 2/Moderate.
Kent and Queen Anne's Cos., MD:
Kent CountyNonattainmentSubpart 2/Moderate.
Queen Anne's CountyNonattainmentSubpart 2/Moderate.
Washington Co. (Hagerstown), MD:
Washington County(2)Nonattainment(2)Subpart 1.
Philadelphia-Wilmin-Atlantic Ci, PA-NJ-MD-DE:
Cecil CountyNonattainmentSubpart 2/Moderate.
Washington, DC-MD-VA:
Calvert CountyNonattainmentSubpart 2/Moderate.
Charles CountyNonattainmentSubpart 2/Moderate.
Frederick CountyNonattainmentSubpart 2/Moderate.
Montgomery CountyNonattainmentSubpart 2/Moderate.
Prince George's CountyNonattainmentSubpart 2/Moderate.
AQCR 113 Cumberland-Keyser InterstateUnclassifiable/Attainment
Allegany County
Garrett County
Start Printed Page 23910
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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
2 Early Action Compact Area, effective date deferred until September 30, 2005.
Start Amendment Part

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

End Amendment Part
Massachusetts.
* * * * *

Massachusetts—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Boston-Lawrence-Worcester (E. Mass), MA:
Barnstable CountyNonattainmentSubpart 2/Moderate.
Bristol CountyNonattainmentSubpart 2/Moderate.
Dukes CountyNonattainmentSubpart 2/Moderate.
Essex CountyNonattainmentSubpart 2/Moderate.
Middlesex CountyNonattainmentSubpart 2/Moderate.
Nantucket CountyNonattainmentSubpart 2/Moderate.
Norfolk CountyNonattainmentSubpart 2/Moderate.
Plymouth CountyNonattainmentSubpart 2/Moderate.
Suffolk CountyNonattainmentSubpart 2/Moderate.
Worcester CountyNonattainmentSubpart 2/Moderate.
Springfield (W. Mass), MA:
Berkshire CountyNonattainmentSubpart 2/Moderate.
Franklin CountyNonattainmentSubpart 2/Moderate.
Hampden CountyNonattainmentSubpart 2/Moderate.
Hampshire CountyNonattainmentSubpart 2/Moderate.
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Michigan.
* * * * *

Michigan—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Allegan Co., MI:
Allegan CountyNonattainmentSubpart 1.
Barry County Area:
Barry CountyUnclassifiable/Attainment
Benton Harbor, MI:
Berrien CountyNonattainmentSubpart 1.
Benzie Co., MI:
Benzie CountyNonattainmentSubpart 1.
Branch County Area:
Branch CountyUnclassifiable/Attainment
Cass County, MI:
Cass CountyNonattainmentSubpart 2/Moderate.
Detroit-Ann Arbor, MI:
Lenawee CountyNonattainmentSubpart 2/Moderate.
Start Printed Page 23911
Livingston CountyNonattainmentSubpart 2/Moderate.
Macomb CountyNonattainmentSubpart 2/Moderate.
Monroe CountyNonattainmentSubpart 2/Moderate.
Oakland CountyNonattainmentSubpart 2/Moderate.
St Clair CountyNonattainmentSubpart 2/Moderate.
Washtenaw CountyNonattainmentSubpart 2/Moderate.
Wayne CountyNonattainmentSubpart 2/Moderate.
Flint, MI:
Genesee CountyNonattainmentSubpart 1.
Lapeer CountyNonattainmentSubpart 1.
Grand Rapids, MI:
Kent CountyNonattainmentSubpart 1.
Ottawa CountyNonattainmentSubpart 1.
Gratiot County Area:
Gratiot CountyUnclassifiable/Attainment
Hillsdale County Area:
Hillsdale CountyUnclassifiable/Attainment
Huron Co, MI:
Huron CountyNonattainmentSubpart 1.
Ionia County Area:
Ionia CountyUnclassifiable/Attainment
Jackson Area:
Jackson CountyUnclassifiable/Attainment
Kalamazoo-Battle Creek, MI:
Calhoun CountyNonattainmentSubpart 1.
Kalamazoo CountyNonattainmentSubpart 1.
Van Buren CountyNonattainmentSubpart 1.
Lansing-East Lansing, MI:
Clinton CountyNonattainmentSubpart 1.
Eaton CountyNonattainmentSubpart 1.
Ingham CountyNonattainmentSubpart 1.
Mason Co, MI:
Mason CountyNonattainmentSubpart 1.
Montcalm Area:
Montcalm CountyUnclassifiable/Attainment
Muskegon, MI:
Muskegon CountyNonattainmentSubpart 2/Moderate.
Saginaw-Bay City-Midland Area:
Bay CountyUnclassifiable/Attainment
Midland CountyUnclassifiable/Attainment
Saginaw CountyUnclassifiable/Attainment
Sanilac County Area:
Sanilac CountyUnclassifiable/Attainment
Shiawassee County Area:
Shiawassee CountyUnclassifiable/Attainment
St Joseph County Area:
St Joseph CountyUnclassifiable/Attainment
Tuscola County Area:
Tuscola CountyUnclassifiable/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
Start Printed Page 23912
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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Minnesota.
* * * * *

Minnesota—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Minneapolis-Saint Paul Area:
Anoka CountyUnclassifiable/Attainment
Carver CountyUnclassifiable/Attainment
Dakota CountyUnclassifiable/Attainment
Hennepin CountyUnclassifiable/Attainment
Ramsey CountyUnclassifiable/Attainment
Scott CountyUnclassifiable/Attainment
Washington CountyUnclassifiable/Attainment
Rest of StateUnclassifiable/Attainment
Aitkin CountyUnclassifiable/Attainment
Becker CountyUnclassifiable/Attainment
Beltrami CountyUnclassifiable/Attainment
Benton CountyUnclassifiable/Attainment
Big Stone CountyUnclassifiable/Attainment
Blue Earth CountyUnclassifiable/Attainment
Brown CountyUnclassifiable/Attainment
Carlton CountyUnclassifiable/Attainment
Cass CountyUnclassifiable/Attainment
Chippewa CountyUnclassifiable/Attainment
Chisago CountyUnclassifiable/Attainment
Clay CountyUnclassifiable/Attainment
Clearwater CountyUnclassifiable/Attainment
Cook CountyUnclassifiable/Attainment
Cottonwood CountyUnclassifiable/Attainment
Crow Wing CountyUnclassifiable/Attainment
Dodge CountyUnclassifiable/Attainment
Douglas CountyUnclassifiable/Attainment
Faribault CountyUnclassifiable/Attainment
Fillmore CountyUnclassifiable/Attainment
Start Printed Page 23913
Freeborn CountyUnclassifiable/Attainment
Goodhue CountyUnclassifiable/Attainment
Grant CountyUnclassifiable/Attainment
Houston CountyUnclassifiable/Attainment
Hubbard CountyUnclassifiable/Attainment
Isanti CountyUnclassifiable/Attainment
Itasca CountyUnclassifiable/Attainment
Jackson CountyUnclassifiable/Attainment
Kanabec CountyUnclassifiable/Attainment
Kandiyohi CountyUnclassifiable/Attainment
Kittson CountyUnclassifiable/Attainment
Koochiching CountyUnclassifiable/Attainment
Lac qui Parle CountyUnclassifiable/Attainment
Lake CountyUnclassifiable/Attainment
Lake of the Woods CountyUnclassifiable/Attainment
Le Sueur CountyUnclassifiable/Attainment
Lincoln CountyUnclassifiable/Attainment
Lyon CountyUnclassifiable/Attainment
Mahnomen CountyUnclassifiable/Attainment
Marshall CountyUnclassifiable/Attainment
Martin CountyUnclassifiable/Attainment
McLeod CountyUnclassifiable/Attainment
Meeker CountyUnclassifiable/Attainment
Mille Lacs CountyUnclassifiable/Attainment
Morrison CountyUnclassifiable/Attainment
Mower CountyUnclassifiable/Attainment
Murray CountyUnclassifiable/Attainment
Nicollet CountyUnclassifiable/Attainment
Nobles CountyUnclassifiable/Attainment
Norman CountyUnclassifiable/Attainment
Olmsted CountyUnclassifiable/Attainment
Otter Tail CountyUnclassifiable/Attainment
Pennington CountyUnclassifiable/Attainment
Pine CountyUnclassifiable/Attainment
Pipestone CountyUnclassifiable/Attainment
Polk CountyUnclassifiable/Attainment
Pope CountyUnclassifiable/Attainment
Red Lake CountyUnclassifiable/Attainment
Redwood CountyUnclassifiable/Attainment
Renville CountyUnclassifiable/Attainment
Rice CountyUnclassifiable/Attainment
Rock CountyUnclassifiable/Attainment
Roseau CountyUnclassifiable/Attainment
St. Louis CountyUnclassifiable/Attainment
Sherburne CountyUnclassifiable/Attainment
Sibley CountyUnclassifiable/Attainment
Stearns CountyUnclassifiable/Attainment
Steele CountyUnclassifiable/Attainment
Stevens CountyUnclassifiable/Attainment
Swift CountyUnclassifiable/Attainment
Todd CountyUnclassifiable/Attainment
Traverse CountyUnclassifiable/Attainment
Wabasha CountyUnclassifiable/Attainment
Wadena CountyUnclassifiable/Attainment
Waseca CountyUnclassifiable/Attainment
Watonwan CountyUnclassifiable/Attainment
Wilkin CountyUnclassifiable/Attainment
Winona CountyUnclassifiable/Attainment
Wright CountyUnclassifiable/Attainment
Yellow Medicine CountyUnclassifiable/Attainment
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Mississippi.
* * * * *
Start Printed Page 23914

Mississippi—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
StatewideUnclassifiable/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
Start Printed Page 23915
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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Missouri.
* * * * *

Missouri—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Kansas City, MO-KS:
Cass CountyUnclassifiable b.
Clay CountyUnclassifiable b.
Jackson CountyUnclassifiable b.
Platte CountyUnclassifiable b.
St. Louis, MO-IL:
Franklin CountyNonattainmentSubpart 2/Moderate.
Jefferson CountyNonattainmentSubpart 2/Moderate.
St. Charles CountyNonattainmentSubpart 2/Moderate.
St. Louis CityNonattainmentSubpart 2/Moderate.
St. Louis County.NonattainmentSubpart 2/Moderate.
AQCR 094 Metro Kansas City InterstateUnclassifiable/Attainment.
Buchanan County
Ray County
AQCR 137 N. Missouri Intrastate (part)
Pike CountyUnclassifiable/Attainment.
Ralls CountyUnclassifiable/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
Start Printed Page 23916
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
Start Printed Page 23917
Stone County
Taney County
Texas County
Vernon County
Washington County
Wayne County
Webster County
Wright County
a Includes Indian Country located in each county or area, except as otherwise specified.
b This area is given an “ Unclassifiable” designation. EPA will review all available information and make an attainment or nonattainment decision after reviewing the 2004 data.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Montana.
* * * * *

Montana—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Statewide:
Beaverhead CountyUnclassifiable/Attainment
Big Horn CountyUnclassifiable/Attainment
Blaine CountyUnclassifiable/Attainment
Broadwater CountyUnclassifiable/Attainment
Carbon CountyUnclassifiable/Attainment
Carter CountyUnclassifiable/Attainment
Cascade CountyUnclassifiable/Attainment
Chouteau CountyUnclassifiable/Attainment
Custer CountyUnclassifiable/Attainment
Daniels CountyUnclassifiable/Attainment
Dawson CountyUnclassifiable/Attainment
Deer Lodge CountyUnclassifiable/Attainment
Fallon CountyUnclassifiable/Attainment
Fergus CountyUnclassifiable/Attainment
Flathead CountyUnclassifiable/Attainment
Gallatin CountyUnclassifiable/Attainment
Garfield CountyUnclassifiable/Attainment
Glacier CountyUnclassifiable/Attainment
Golden Valley CountyUnclassifiable/Attainment
Granite County.Unclassifiable/Attainment
Hill CountyUnclassifiable/Attainment
Jefferson CountyUnclassifiable/Attainment
Judith Basin CountyUnclassifiable/Attainment
Lake CountyUnclassifiable/Attainment
Lewis and Clark CountyUnclassifiable/Attainment
Liberty CountyUnclassifiable/Attainment
Lincoln CountyUnclassifiable/Attainment
Madison CountyUnclassifiable/Attainment
McCone CountyUnclassifiable/Attainment
Meagher CountyUnclassifiable/Attainment
Mineral CountyUnclassifiable/Attainment
Missoula CountyUnclassifiable/Attainment
Musselshell CountyUnclassifiable/Attainment
Park CountyUnclassifiable/Attainment
Petroleum CountyUnclassifiable/Attainment
Phillips CountyUnclassifiable/Attainment
Pondera CountyUnclassifiable/Attainment
Powder River CountyUnclassifiable/Attainment
Powell CountyUnclassifiable/Attainment
Prairie CountyUnclassifiable/Attainment
Ravalli CountyUnclassifiable/Attainment
Richland CountyUnclassifiable/Attainment
Roosevelt CountyUnclassifiable/Attainment
Rosebud CountyUnclassifiable/Attainment
Sanders CountyUnclassifiable/Attainment
Start Printed Page 23918
Sheridan CountyUnclassifiable/Attainment
Silver Bow CountyUnclassifiable/Attainment
Stillwater CountyUnclassifiable/Attainment
Sweet Grass CountyUnclassifiable/Attainment
Teton CountyUnclassifiable/Attainment
Toole CountyUnclassifiable/Attainment
Treasure CountyUnclassifiable/Attainment
Valley CountyUnclassifiable/Attainment
Wheatland CountyUnclassifiable/Attainment
Wibaux CountyUnclassifiable/Attainment
Yellowstone CountyUnclassifiable/Attainment
Yellowstone Natl ParkUnclassifiable/Attainment
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Nebraska.
* * * * *

Nebraska—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
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
Start Printed Page 23919
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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
Nevada.
* * * * *

Nevada—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Las Vegas, NV:
Clark CountyNonattainmentSubpart 1
Rest of State:Unclassifiable/Attainment
Carson City
Churchill County
Start Printed Page 23920
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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
New Hampshire.
* * * * *

New Hampshire—Ozone (8-Hour Standard)

Designated areaDesignated aCategory/classification
Date 1TypeDate 1Type
Boston-Manchester-Portsmouth (SE), NH:
Hillsborough County (part)NonattainmentSubpart 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)NonattainmentSubpart 2/Moderate.
Hooksett Town
Rockingham County (part)NonattainmentSubpart 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)NonattainmentSubpart 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
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Printed Page 23921
Start Amendment Part

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

End Amendment Part
New Jersey.
* * * * *

New Jersey—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
New York-N. New Jersey-Long Island, NY-NJ-CT:
Bergen CountyNonattainmentSubpart 2/Moderate.
Essex CountyNonattainmentSubpart 2/Moderate.
Hudson CountyNonattainmentSubpart 2/Moderate.
Hunterdon CountyNonattainmentSubpart 2/Moderate.
Middlesex CountyNonattainmentSubpart 2/Moderate.
Monmouth CountyNonattainmentSubpart 2/Moderate.
Morris CountyNonattainmentSubpart 2/Moderate.
Passaic CountyNonattainmentSubpart 2/Moderate.
Somerset CountyNonattainmentSubpart 2/Moderate.
Sussex CountyNonattainmentSubpart 2/Moderate.
Union CountyNonattainmentSubpart 2/Moderate.
Warren CountyNonattainmentSubpart 2/Moderate.
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE:
Atlantic CountyNonattainmentSubpart 2/Moderate.
Burlington CountyNonattainmentSubpart 2/Moderate.
Camden CountyNonattainmentSubpart 2/Moderate.
Cape May CountyNonattainmentSubpart 2/Moderate.
Cumberland CountyNonattainmentSubpart 2/Moderate.
Gloucester CountyNonattainmentSubpart 2/Moderate.
Mercer CountyNonattainmentSubpart 2/Moderate.
Ocean CountyNonattainmentSubpart 2/Moderate.
Salem CountyNonattainmentSubpart 2/Moderate.
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
New Mexico.

New Mexico—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
AQCR 012 New Mexico-Southern Border IntrastateUnclassifiable/Attainment
Grant County
Hidalgo County
Luna County
AQCR 014 Four 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 152 Albuquerque-Mid Rio Grande IntrastateUnclassifiable/Attainment
Bernalillo County (part)
AQCR 152 Albuquerque-Mid Rio GrandeUnclassifiable/Attainment
Sandoval County (part) see 40 CFR 81.83
Valencia County (part) see 40 CFR 81.83
AQCR 153 El Paso-Las Cruces-AlamogordoUnclassifiable/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) remainderUnclassifiable/Attainment
Lincoln CountyUnclassifiable/Attainment
Otero CountyUnclassifiable/Attainment
Sierra CountyUnclassifiable/Attainment
AQCR 154 Northeastern Plains IntrastateUnclassifiable/Attainment
Colfax County
Guadalupe County
Start Printed Page 23922
Harding County
Mora County
San Miguel County
Torrance County
Union County
AQCR 155 Pecos-Permian Basin IntrastateUnclassifiable/Attainment
Chaves County
Curry County
De Baca County
Eddy County
Lea County
Quay County
Roosevelt County
AQCR 156 SW Mountains-Augustine PlainsUnclassifiable/Attainment
Catron County
Cibola County
McKinley County (part) see 40 CFR 81.241
Socorro County
Valencia County (part) see 40 CFR 81.241
AQCR 157 Upper Rio Grande Valley IntrastateUnclassifiable/Attainment
Los Alamos County
Río Arriba County (part) see 40 CFR 81.239
Santa Fe County
Taos County
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
Start Amendment Part

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

End Amendment Part
New York.
* * * * *

New York—Ozone (8-Hour Standard)

Designated areaDesignation aCategory/classification
Date 1TypeDate 1Type
Albany-Schenectady-Troy, NY:
Albany CountyNonattainmentSubpart 1.
Greene CountyNonattainmentSubpart 1.
Montgomery CountyNonattainmentSubpart 1.
Rensselaer CountyNonattainmentSubpart 1.
Saratoga CountyNonattainmentSubpart 1.
Schenectady CountyNonattainmentSubpart 1.
Schoharie CountyNonattainmentSubpart 1.
Buffalo-Niagara Falls, NY:
Erie CountyNonattainmentSubpart 1.
Niagara CountyNonattainmentSubpart 1.
Essex County (Whiteface Mtn.), NY:
Essex County (part) The portion of Whiteface Mountain above 1,900 feet in elevation in Essex CountyNonattainmentSubpart 1.
Essex County (remainder)Unclassifiable/Attainment
Jamestown, NY:
Chautauqua CountyNonattainmentSubpart 1.
Jefferson County, NY:
Jefferson CountyNonattainmentSubpart 2/Moderate.
New York-N. New Jersey-Long Island, NY-NJ-CT:
Bronx CountyNonattainmentSubpart 2/Moderate.
Kings CountyNonattainmentSubpart 2/Moderate.
Nassau CountyNonattainmentSubpart 2/Moderate.
New York CountyNonattainmentSubpart 2/Moderate.
Queens CountyNonattainmentSubpart 2/Moderate.
Richmond CountyNonattainmentSubpart 2/Moderate.
Rockland CountyNonattainmentSubpart 2/Moderate.
Suffolk CountyNonattainmentSubpart 2/Moderate.
Westchester CountyNonattainmentSubpart 2/Moderate.
Poughkeepsie, NY:
Dutchess CountyNonattainmentSubpart 2/Moderate.
Start Printed Page 23923
Orange CountyNonattainmentSubpart 2/Moderate.
Putnam CountyNonattainmentSubpart 2/Moderate.
Syracuse, NY:
Cayuga CountyUnclassifiable b
Madison CountyUnclassifiable b
Onondaga CountyUnclassifiable b
Oswego CountyUnclassifiable b
Rochester, NY:
Genesee CountyNonattainmentSubpart 1.
Livingston CountyNonattainmentSubpart 1.
Monroe CountyNonattainmentSubpart 1.
Ontario CountyNonattainmentSubpart 1.
Orleans CountyNonattainmentSubpart 1.
Wayne CountyNonattainmentSubpart 1.
AQCR 158 Central New York Intrastate (remainder of)Unclassifiable/Attainment
Cortland County
Herkimer County
Lewis County
Oneida County
AQCR 159 Champlain Valley Interstate (remainder of)Unclassifiable/Attainment
Clinton County
Franklin County
Hamilton County
St. Lawrence County
Warren County