Friday,

April 30, 2004

Part II

Environmental 

Protection Agency

40 CFR Part 81

40 CFR Parts 50, 51, and 81

8-Hour Ozone National Ambient Air 

Quality Standards; Final Rules

23858 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[OAR–2003–0083; FRL–7651–8] 

RIN 2060– 

Air Quality Designations and 

Classifications for the 8-Hour Ozone 

National Ambient Air Quality 

Standards; Early Action Compact 

Areas With Deferred Effective Dates

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 offices States 

Dave Conroy, Acting Branch Chief, Air Programs Branch, EPA New 

England, I Congress Street, Suite 1100, Boston, MA 02114–2023, 

(617) 918–1661.

Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 

and Vermont. 

Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290 

Broadway, 25th Floor, New York, NY 10007–1866, (212) 637–4249.

New Jersey, New York, Puerto Rico, and Virgin Islands. 

Makeba Morris, Branch Chief, Air Quality Planning Branch, EPA Region III, 1650 Arch Street, Philadelphia, PA 19103–2187, (215) 814–

2187.

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and 

West Virginia. 

Richard A. Schutt, Chief, Regulatory Development Section, EPA Region IV, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., 

12th Floor, Atlanta, GA 30303, (404) 562–9033.

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 

South Carolina, and Tennessee. 

Pamela Blakley, Acting Chief, Air Programs Branch, EPA Region V, 77 

West Jackson Street, Chicago, IL 60604, (312) 886–4447.

Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. 

Donna Ascenzi, Acting Associate Director, Air Programs, EPA Region 

VI, 1445 Ross Avenue, Dallas, TX 75202, (214) 665–2725.

Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 

Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901 

North 5th Street, Kansas City, Kansas 66101–2907, (913) 551–7606.

Iowa, Kansas, Missouri, and Nebraska. 

Richard R. Long, Director, Air and Radiation Program, EPA Region 

VIII, 999 18th Street, Suite 300, Denver, CO 80202–2466, (303) 

312–6005.

Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. 

Steven Barhite, Air Planning Office, EPA Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105, (415) 972–3980.

Arizona, California, Guam, Hawaii, and Nevada. 

Bonnie Thie, Manager, State and Tribal Air Programs, EPA Region X, 

Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth 

Avenue, Seattle, WA 98101, (206) 553–1189.

Alaska, Idaho, Oregon, and Washington. 

FOR FURTHER INFORMATION CONTACT: 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 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23859

Standards, U.S. Environmental 

Protection Agency, Mail Code C539–02, 

Research Triangle Park, NC 27711, 

phone number (919) 541–3292 or by email 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 email at: gilbert.barry@epa.gov.

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 

23860 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

1CAA 107(d)(1); TEA–21 § 6103(a).

2Memorandum of March 28, 2002, from John S. 

Seitz, ‘‘Boundary Guidance on Air Quality 

Designations for the 8-Hour Ozone National 

Ambient Air Quality Standards.’’

3Memorandum of July 18, 2000, from John S. 

Seitz, ‘‘Guidance on 8-Hour Ozone Designations for 

Indian Tribes.’’

4To determine whether an area is attaining the 8-

hour ozone NAAQS, EPA considers the most recent 

3 consecutive years of data in accordance with 40 

Code of Federal Regulations (CFR) part 50, 

appendix I.

susceptible to the effects of ozone 

include children and adults who are 

active outdoors, people with respiratory 

disease, such as asthma, and people 

with unusual sensitivity to ozone.

More detailed information on the 

health effects of ozone can be found at 

the following Web site: http://

www.epa.gov/ttn/naaqs/standards/

ozone/s_o3_index.html.

V. What Is the Chronology of Events 

Leading Up to This Rule? 

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 qualityrelated 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 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23861

5Memorandum of May 10, 1995, from John S. 

Seitz, ‘‘Reasonable Further Progress, Attainment 

Demonstration, and Related Requirements for 

Ozone Nonattainment Areas Meeting the Ozone 

National Ambient Air Quality Standard.’’

development, industrial development, 

meteorological conditions, and 

pollution transport. State and local 

agencies also had extensive input into 

compiling the factors. 

The factors are: 

(1) Emissions and air quality in 

adjacent areas (including adjacent 

CMSAs and MSAs), 

(2) Population density and degree of 

urbanization including commercial 

development (significant difference 

from surrounding areas), 

(3) Monitoring data representing 

ozone concentrations in local areas and 

larger areas (urban or regional scale), 

(4) Location of emission sources 

(emission sources and nearby receptors 

should generally be included in the 

same nonattainment area), 

(5) Traffic and commuting patterns, 

(6) Expected growth (including extent, 

pattern and rate of growth), 

(7) Meteorology (weather/transport 

patterns), 

(8) Geography/topography (mountain 

ranges or other air basin boundaries), 

(9) Jurisdictional boundaries (e.g., 

counties, air districts, existing 1-hour 

nonattainment areas, Reservations, etc.), 

(10) Level of control of emission 

sources, and, 

(11) Regional emissions reductions 

(e.g., 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 

23862 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

6State Implementation Plans; General Preamble 

for the Implementation of Title I of the CAA 

Amendments of 1990; Proposed Rule.’’ April 16, 

1992 (57 FR 13498 at 13501 and 13510).

7For the 1-hour ozone NAAQS, design value is 

defined at 40 CFR 51.900(c). For the 8-hour ozone 

NAAQS, design value is defined at 40 CFR 

51.900(d).

8 In the Phase 2 implementation rule, we will 

address the control obligations that apply to areas 

under both subpart 1 and subpart 2.

9At this time, there are no areas with design 

values in the extreme classification for the 8-hour 

ozone standard.

provided an opportunity until February 

6, 2004, for a demonstration as to why 

our modification was not appropriate. A 

NOA announcing the availability of our 

letters was published in the FR on 

December 10, 2003 (68 FR 68805). In 

response to our December 3, 2003 

letters, we received letters and 

demonstrations from many States and 

Tribes on why our modifications were 

not appropriate. We evaluated each 

letter and all of the timely technical 

information provided to us before 

arriving at the final decisions reflected 

in today’s rule. Some of the designations 

reflect our modifications to the State or 

Tribes’ recommendations. Throughout 

the designation process, we have 

received letters from other interested 

parties. We have placed these letters 

and our responses to the substantive 

issues raised by them in the docket. 

Responses to significant comments 

received on EAC areas are summarized 

in this document. 

Tribal designation activities are 

covered under the authority of section 

301(d) of the CAA. This provision of the 

Act authorizes us to treat eligible Indian 

Tribes in the same manner as States. 

Pursuant to section 301(d)(2), we 

promulgated regulations known as the 

Tribal Authority Rule (TAR) on 

February 12, 1999, that specify those 

provisions of the CAA for which it is 

appropriate to treat Tribes as States, (63 

FR 7254), codified at 40 CFR part 49 

(1999). Under the TAR, Tribes may 

choose to develop and implement their 

own CAA programs, but are not 

required to do so. The TAR also 

establishes procedures and criteria by 

which Tribes may request from EPA a 

determination of eligibility for such 

treatment. The designations process 

contained in section 107(d) of the CAA 

is included among those provisions 

determined appropriate by us for 

treatment of Tribes in the same manner 

as States. As authorized by the TAR, 

Tribes may request an opportunity to 

submit designation recommendations to 

us. In cases where Tribes do not make 

their own recommendations, EPA, in 

consultation with the Tribes, will 

promulgate the designation we deem 

appropriate on their behalf. We invited 

all Tribes to submit recommendations to 

us. We worked with the Tribes that 

requested an opportunity to submit 

designation recommendations. Eligible 

Tribes could choose to submit their own 

recommendations and supporting 

documentation. We reviewed the 

recommendations made by Tribes and, 

in consultation with the Tribes, made 

modifications as deemed necessary. 

Under the TAR, Tribes generally are not 

subject to the same submission 

schedules imposed by the CAA on 

States. However, we worked with Tribes 

in scheduling interim activities and 

final designation actions because of the 

consent decree obligating us to have a 

signed rule designating areas by April 

15, 2004.

Today’s designation action is a final 

rule establishing designations for all 

areas of the country. Today’s action also 

sets forth the classifications for subpart 

2 ozone nonattainment areas. Section 

181(a) provides that areas will be 

classified at the time of designation. 

This rulemaking fulfills those 

requirements. Classifications are 

discussed below. 

A. Where Can I Find Information 

Forming the Basis for This Rule and 

Exchanges Between EPA, States, and 

Tribes Related to This Rule? 

Discussions concerning the basis for 

today’s actions and decisions are 

provided in the technical support 

document (TSD). The TSD, along with 

copies of all of the above mentioned 

correspondence, other correspondence 

between the States, Tribes, interested 

parties, and EPA regarding this process 

and guidance memoranda are available 

for review in the EPA Docket Center 

listed above in the addresses section of 

this document and on our designation 

Web site at: http://www.epa.gov/oar/

oaqps/glo/designations. State specific 

information is available at the EPA 

Regional Offices. 

VIII. What Are the CAA Requirements 

for Air Quality Classifications? 

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.)

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23863

TABLE 1.—CLASSIFICATION FOR 8-HOUR OZONE NAAQS 

Area class 

8-hour

design value

ppm ozone) 

Maximum period for

Attainment dates in

State plans

(years after effective 

date of nonattainment 

designation for 8-hour 

NAAQS) 

Marginal ................................................................ from ...................................................................... 0.085 3 

up to* .................................................................... 0.092 

Moderate ............................................................... from ...................................................................... 0.092 6 

up to* .................................................................... 0.107 

Serious .................................................................. from ...................................................................... 0.107 9 

up to* .................................................................... 0.120 

Severe-15 ............................................................. from ...................................................................... 0.120 15 

up to* .................................................................... 0.127 

Severe-17 ............................................................. from ...................................................................... 0.127 17 

up to* .................................................................... 0.187 

Extreme ................................................................ equal to or above ................................................. 0.187 20 

*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.]

23864 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

10See EPA’s ‘‘Guideline on Data Handling 

Conventions for the 8-Hour Ozone NAAQS’’ (12–

98) and appendix I to 40 CFR part 50.

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; BeaumontPort 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; ClevelandAkron-Lorain, OH; and HoustonGalveston-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 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23865

than the CAA would require. This final 

rule for compact areas addresses several 

key aspects of the proposed rule, 

including deferral of the effective date 

of nonattainment designation for certain 

compact areas; progress of compact 

areas toward completing their 

milestones; final action for compact 

areas; EPA’s schedule for taking further 

action to continue to defer the effective 

date of nonattainment designations, if 

appropriate; and consequences for 

compact areas that do not meet a 

milestone. In this action, we have added 

regulatory text to clarify specific 

requirements in part 81 for compact 

areas and to identify actions that we 

will take to address any failed 

milestones. Finally, we have responded 

to the significant comments on the 

proposed rule.

A. When Did EPA Propose the First 

Deferred Effective Date of 

Nonattainment Designations? 

On December 16, 2003 (68 FR 70108), 

we published a proposed rule to defer 

the effective date of air quality 

nonattainment designations for EAC 

areas that do not meet the 8-hour ozone 

NAAQS. The proposal also described 

the compact approach, the requirements 

for areas participating in the program, 

and the impacts of the program on these 

areas. Compact areas have agreed to 

reduce ground-level ozone pollution 

earlier than the CAA would require. 

Please refer to the proposed rule for a 

detailed discussion and background 

information on the development of the 

compact program, what compact areas 

are required to do, and the impacts of 

the program. 

Table 2 describes the milestones and 

submissions that compact areas are 

required to complete to continue 

eligibility for a deferred effective date of 

nonattainment designation for the 8-

hour ozone standard.

TABLE 2.—EARLY ACTION COMPACT MILESTONES

Submittal date Compact milestone 

December 31, 2002 ............................................ Submit Compact for EPA signature. 

June 16, 2003 ..................................................... Submit preliminary list and description of potential local control measures under consideration. 

March 31, 2004 ................................................... Submit complete local plan to State (includes specific, quantified and permanent control measures to be adopted). 

December 31, 2004 ............................................ State submits adopted local measures to EPA as a SIP revision that, when approved, will be 

federally enforceable. 

2005 Ozone Season (or no later than December 31, 2005).Implement SIP control measures. 

June 30, 2006 ..................................................... State reports on implementation of measures and assessment of air quality improvement and 

reductions in NOX and VOC emissions to date 

December 31, 2007 ............................................ Area attains 8-hour ozone NAAQS. 

B. What Progress Are Compact Areas 

Making Toward Completing Their 

Milestones? 

In this section we describe the status 

of the compact areas’ progress toward 

meeting their compact milestones. In 

general, these areas have made 

satisfactory progress toward timely 

completion of their milestones. As 

reported in the December 16, 2003 

proposal, all 33 communities met the 

June 16, 2003 milestone, which required 

areas to submit a list and description of 

local control measures each area 

considered for adoption and 

implementation. A compiled list, as 

well as highlights, of these local 

measures is found on EPA’s Web site for 

compact areas at http://www.epa.gov/

ttn/ naaqs/ozone/eac/

index.htm#EACsummary. By December 

31, 2003, compact areas reported the 

status of these measures by identifying 

the local measures still under 

consideration at that time, the estimated 

emissions reductions expected from 

these measures, and the schedule for 

implementation. A summary of the local 

measures as reported in December 2003 

is presented on EPA’s EAC Web site at 

http://www.epa.gov/ttn/ naaqs/ozone/

eac/20031231_

eac_measures_full_list.pdf.

By March 31, 2004, compact areas 

submitted local plans, which included 

measures for adoption that are specific, 

quantified, and permanent, and if 

approved by EPA, will be federally 

enforceable as part of the SIP. These 

plans also included specific 

implementation dates for the local 

controls, as well as a technical 

assessment of whether the area could 

attain the 8-hour ozone NAAQS by the 

December 31, 2007 milestone, which is 

described in Table 2. The local plans for 

all compact areas are posted on the EAC 

Web site at: http://www.epa.gov/ttn 

/naaqs/ozone/eac/#List.

The EPA reviewed all of the local 

plans submitted by March 31, 2004 and 

determined that most of the plans were 

acceptable. With respect to control 

strategies, a number of areas are relying 

on measures to be adopted by the State, 

and are committed to implement these 

measures by 2005. In many cases, 

particularly in the southeast, the MAC 

areas demonstrated that they can attain 

the 8-hour ozone standard by December 

2007 without implementation of local 

controls. In general, the technical 

demonstrations of attainment were 

acceptable; however, some of the 33 

communities did not project attainment 

in 2007 (the attainment test) based on 

modeling, unless they considered 

additional factors to supplement their 

analysis (i.e., weight of evidence). In 

evaluating a State’s weight of evidence 

determination for an area, we consider 

the results of the modeled, attainment 

test—for all EAC areas, a demonstration 

of attainment in 2007—along with 

additional information, such as 

predicted air quality improvement, 

meteorological influences, and 

additional measures not modeled. Our 

modeling guidance indicates that the 

farther an area is from the level of the 

standard, the more compelling the 

additional information needs to be in 

order to demonstrate that the area will 

attain the standard. Based on our 

analysis of the technical information 

provided, we believe that some areas 

did not present as strong a case as other 

areas to demonstrate attainment by 

December 2007. Three areas in 

Tennessee, Knoxville, Memphis and 

Chattanooga each developed attainment 

demonstrations that generally conform 

to our modeling guidance. However, in 

reviewing and analyzing the local plans 

for these areas, we determined that 

Knoxville, Memphis and Chattanooga 

did not pass the modeled attainment 

test and the predicted air quality 

improvement test. In addition, our 

review of meteorological influences for 

the three areas was inconclusive; and 

these areas did not provide additional 

measures not already modeled. In 

23866 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

addition to the technical analysis, we 

reviewed the strength of the control 

strategies each EAC area proposed in 

their March 31, 2004 plans. We 

determined that the control measures 

submitted by these three areas could 

have been strengthened, and the Agency 

expected more local measures. 

Therefore, EPA determined that the 

States’ technical assessments for each of 

these areas and their suite of measures 

were not acceptable. The only other two 

compact areas that did not pass the 

modeled attainment test, the Denver, 

Colorado area and the Triad 

(Greensboro-Winston-Salem-High 

Point), North Carolina area, provided 

more meaningful local control measures 

than the three Tennessee compact areas. 

Based on our review and evaluation of 

these local plans, we have determined 

that Knoxville, Memphis and 

Chattanooga do not meet the March 31, 

2004 milestone. In accordance with the 

Early Action Protocol and agency 

guidance, all EAC areas must meet all 

compact milestones, including this most 

recent one, to be eligible for the deferred 

effective date of designation. 

Consequently, today, these three areas 

are being designated nonattainment, 

effective June 15, 2004, and are subject 

to full planning requirements of title I, 

part D of the CAA. For the other EAC 

areas not meeting the 8-hour ozone 

standard, which we determined have 

complied with the March 2004 

milestone, are being designated 

nonattainment with a deferred effective 

date of September 30, 2005. By that 

date, we intend to take notice and 

comment rulemaking and promulgate 

approval or disapproval of these plans 

as SIP revisions. The local plans that are 

approved at that time will be eligible for 

an extension of the deferred effective 

date. If EPA disapproves any local plans 

at that time, the nonattainment 

designation will become effective 

immediately. Our evaluations of all 

local plans submitted by March 31, 

2004, are included in the TSD for this 

rulemaking.

Table 3 lists the EAC areas and their 

air quality designation for the 8-hour 

ozone standard by county. The table in 

Part 81 lists 8-hour ozone designations 

for all areas of the country.

TABLE 3.—DESIGNATION OF COUNTIES PARTICIPATING IN EARLY ACTION COMPACTS

State Compact area

(designated area) County Designation Effectivedate 

EPA Region 3

VA ................ Northern Shenandoah Valley Region (Frederick County, VA), adjacent to Washington, 

DC–MD–VA.

Winchester City ....................... Nonattainment-deferred ........... 9/30/2005 

Frederick County ..................... Nonattainment-deferred ........... 9/30/2005 

VA ................ Roanoke Area (Roanoke, VA) .......................... Roanoke County ...................... Nonattainment-deferred ........... 9/30/2005 

Botetourt County ...................... Nonattainment-deferred ........... 9/30/2005 

Roanoke City ........................... Nonattainment-deferred ........... 9/30/2005 

Salem City ............................... Nonattainment-deferred ........... 9/30/2005 

MD ............... Washington County (Washington County (Hagerstown), MD), adjacent to Washington, 

DC–MD–VA.

Washington County ................. Nonattainment-deferred ........... 9/30/2005 

WV ............... The Eastern Pan Handle Region (Berkeley & 

Jefferson Counties, WV), Martinsburg area.

Berkeley County ...................... Nonattainment-deferred ........... 9/30/2005 

Jefferson County ..................... Nonattainment-deferred ........... 9/30/2005 

EPA Region 4

NC ................ Mountain Area of Western NC (includes Asheville).Buncombe County ................... Unclassifiable/Attainment ........ 6/15/2004 

Haywood County (part) ........... Unclassifiable/Attainment ........ 6/15/2004 

Henderson County (opt out)1 .. Unclassifiable/Attainment ........ 6/15/2004 

Madison County ....................... Unclassifiable/Attainment ........ 6/15/2004 

Transylvania County (opt out)1 Unclassifiable/Attainment ........ 6/15/2004 

NC ................ Unifour (Hickory-Morganton-Lenoir, NC) .......... Catawba County ...................... Nonattainment-deferred ........... 9/30/2005 

Alexander County .................... Nonattainment-deferred ........... 9/30/2005 

Burke County (part) ................. Nonattainment-deferred ........... 9/30/2005 

Caldwell County (part) ............. Nonattainment-deferred ........... 9/30/2005 

NC ................ Triad (Greensboro-Winston-Salem-High Point, 

NC).

Surry County ............................ Unclassifiable/Attainment ........ 6/15/2004 

Yadkin County ......................... Unclassifiable/Attainment ........ 6/15/2004 

Randolph County ..................... Nonattainment-deferred ........... 9/30/2005 

Forsyth County ........................ Nonattainment-deferred ........... 9/30/2005 

Davie County ........................... Nonattainment-deferred ........... 9/30/2005 

Alamance County .................... Nonattainment-deferred ........... 9/30/2005 

Caswell County ........................ Nonattainment-deferred ........... 9/30/2005 

Davidson County ..................... Nonattainment-deferred ........... 9/30/2005 

Stokes County ......................... Unclassifiable/Attainment ........ 6/15/2004 

Guilford County ........................ Nonattainment-deferred ........... 9/30/2005 

Rockingham County ................ Nonattainment-deferred ........... 9/30/2005 

NC ................ Fayetteville (Fayetteville, NC) ........................... Cumberland County ................. Nonattainment-deferred ........... 9/30/2005 

SC ................ Appalachian—A (Greenville-Spartanburg-Anderson, SC).Cherokee County ..................... Unclassifiable/Attainment ........ 6/15/2004 

Spartanburg County ................ Nonattainment-deferred ........... 9/30/2005 

Greenville County .................... Nonattainment-deferred ........... 9/30/2005 

Pickens County ........................ Unclassifiable/Attainment ........ 6/15/2004 

Anderson County ..................... Nonattainment-deferred ........... 9/30/2005 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23867

TABLE 3.—DESIGNATION OF COUNTIES PARTICIPATING IN EARLY ACTION COMPACTS—Continued

State Compact area

(designated area) County Designation Effectivedate 

Oconee County ........................ Unclassifiable/Attainment ........ 6/15/2004 

SC ................ Catawba—B Part of York County, SC is in the 

Charlotte-Gastonia-Rock Hill, NC–SC nonattainment area.

York County (part) 2 ................ Nonattainment ......................... 6/15/2004 

Chester County ........................ Unclassifiable/Attainment ........ 6/15/2004 

Lancaster County .................... Unclassifiable/Attainment ........ 6/15/2004 

Union County ........................... Unclassifiable/Attainment ........ 6/15/2004 

SC ................ Pee Dee—C Florence area .............................. Florence County ...................... Unclassifiable/Attainment ........ 6/15/2004 

Chesterfield County ................. Unclassifiable/Attainment ........ 6/15/2004 

Darlington County .................... Unclassifiable/Attainment ........ 6/15/2004 

Dillon County ........................... Unclassifiable/Attainment ........ 6/15/2004 

Marion County ......................... Unclassifiable/Attainment ........ 6/15/2004 

Marlboro County ...................... Unclassifiable/Attainment ........ 6/15/2004 

SC ................ Waccamaw—D Myrtle Beach area .................. Williamsburg County ................ Unclassifiable/Attainment ........ 6/15/2004 

Georgetown County ................. Unclassifiable/Attainment ........ 6/15/2004 

Horry County ........................... Unclassifiable/Attainment ........ 6/15/2004 

SC ................ Santee Lynches—E Sumter area ..................... Clarendon County .................... Unclassifiable/Attainment ........ 6/15/2004 

Lee County .............................. Unclassifiable/Attainment ........ 6/15/2004 

Sumter County ......................... Unclassifiable/Attainment ........ 6/15/2004 

Kershaw County ...................... Unclassifiable/Attainment ........ 6/15/2004 

SC ................ Berkeley-Charleston-Dorchester—F Charleston-North Charleston area.Dorchester County ................... Unclassifiable/Attainment ........ 6/15/2004 

Berkeley County ...................... Unclassifiable/Attainment ........ 6/15/2004 

Charleston County ................... Unclassifiable/Attainment ........ 6/15/2004 

SC ................ Low Country—G Beaufort area ........................ Beaufort County ....................... Unclassifiable/Attainment ........ 6/15/2004 

Colleton County ....................... Unclassifiable/Attainment ........ 6/15/2004 

Hampton County ...................... Unclassifiable/Attainment ........ 6/15/2004 

Jasper County ......................... Unclassifiable/Attainment ........ 6/15/2004 

SC/GA .......... Lower Savannah-Augusta part of AugustaAiken, GA–SC area.Aiken County, SC .................... Unclassifiable/Attainment ........ 6/15/2004 

Orangeburg County, SC .......... Unclassifiable/Attainment ........ 6/15/2004 

Barnwell County, SC ............... Unclassifiable/Attainment ........ 6/15/2004 

Calhoun County, SC ................ Unclassifiable/Attainment ........ 6/15/2004 

Allendale County, SC .............. Unclassifiable/Attainment ........ 6/15/2004 

Bamberg County, SC .............. Unclassifiable/Attainment ........ 6/15/2004 

Richmond County, GA ............. Unclassifiable/Attainment ........ 6/15/2004 

Columbia County, GA .............. Unclassifiable/Attainment ........ 6/15/2004 

SC ................ Central Midlands—I Columbia area ................. Richland County (part) ............ Nonattainment-deferred ........... 9/30/2005 

Lexington County (part) ........... Nonattainment-deferred ........... 9/30/2005 

Newberry County ..................... Unclassifiable/Attainment ........ 6/15/2004 

Fairfield County ....................... Unclassifiable/Attainment ........ 6/15/2004 

SC ................ Upper Savannah Abbeville-Greenwood area ... Abbeville County ...................... Unclassifiable/Attainment ........ 6/15/2004 

Edgefield County ..................... Unclassifiable/Attainment ........ 6/15/2004 

Laurens County ....................... Unclassifiable/Attainment ........ 6/15/2004 

Saluda County ......................... Unclassifiable/Attainment ........ 6/15/2004 

Greenwood County .................. Unclassifiable/Attainment ........ 6/15/2004 

TN/GA .......... Chattanooga (Chattanooga, TN–GA) County, 

TN.

Hamilton County, TN ............... Nonattainment ......................... 6/15/2004 

Meigs County, TN .................... Nonattainment ......................... 6/15/2004 

Marion County, TN .................. Unclassifiable/Attainment ........ 6/15/2004 

Walker County, GA .................. Unclassifiable/Attainment ........ 6/15/2004 

Catoosa County, GA ............... Nonattainment ......................... 6/15/2004 

TN ................ Knoxville (Knoxville, TN) ................................... Knox County ............................ Nonattainment ......................... 6/15/2004 

Anderson County ..................... Nonattainment ......................... 6/15/2004 

Union County ........................... Unclassifiable/Attainment ........ 6/15/2004 

Loudon County ........................ Nonattainment ......................... 6/15/2004 

Blount County .......................... Nonattainment ......................... 6/15/2004 

Sevier County .......................... Nonattainment ......................... 6/15/2004 

Jefferson County ..................... Nonattainment ......................... 6/15/2004 

TN ................ Nashville (Nashville, TN) .................................. Davidson County ..................... Nonattainment-deferred ........... 9/30/2005 

Rutherford County ................... Nonattainment-deferred ........... 9/30/2005 

Williamson County ................... Nonattainment-deferred ........... 9/30/2005 

Wilson County ......................... Nonattainment-deferred ........... 9/30/2005 

Sumner County ........................ Nonattainment-deferred ........... 9/30/2005 

Robertson County .................... Attainment ................................ 6/15/2004 

Cheatham County .................... Attainment ................................ 6/15/2004 

Dickson County ....................... Attainment ................................ 6/15/2004 

TN/AR/MS .... Memphis, (Memphis, TN–AR–MS) ................... Shelby County, TN .................. Nonattainment ......................... 6/15/2004 

Tipton County, TN ................... Unclassifiable/Attainment ........ 6/15/2004 

Fayette County, TN ................. Unclassifiable/Attainment ........ 6/15/2004 

23868 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

TABLE 3.—DESIGNATION OF COUNTIES PARTICIPATING IN EARLY ACTION COMPACTS—Continued

State Compact area

(designated area) County Designation Effectivedate 

DeSoto County, MS ................. Unclassifiable/Attainment ........ 6/15/2004 

Crittenden County, AR ............ Nonattainment ......................... 6/15/2004 

TN ................ Haywood County adjacent to Memphis & Jackson areas.Haywood County ..................... Unclassifiable/Attainment ........ 6/15/2004 

TN ................ Putnam County central TN, between Nashville 

and Knoxville.

Putnam County ........................ Unclassifiable/Attainment ........ 6/15/2004 

TN ................ Johnson City-Kingsport-Bristol Area (TN portion only).Sullivan Co, TN ....................... Nonattainment-deferred ........... 9/30/2005 

Hawkins County, TN ................ Nonattainment-deferred ........... 9/30/2005 

Washington Co, TN ................. Unclassifiable/Attainment ........ 6/15/2004 

Unicoi County, TN ................... Unclassifiable/Attainment ........ 6/15/2004 

Carter County, TN ................... Unclassifiable/Attainment ........ 6/15/2004 

Johnson County, TN ................ Unclassifiable/Attainment ........ 6/15/2004 

EPA Region 6

TX ................ Austin/San Marcos ............................................ Travis County .......................... Unclassifiable/Attainment ........ 6/15/2004 

Williamson County ................... Unclassifiable/Attainment ........ 6/15/2004 

Hays County ............................ Unclassifiable/Attainment ........ 6/15/2004 

Bastrop County ........................ Unclassifiable/Attainment ........ 6/15/2004 

Caldwell County ....................... Unclassifiable/Attainment ........ 6/15/2004 

TX ................ Northeast Texas Longview-Marshall-Tyler area Gregg County .......................... Unclassifiable/Attainment ........ 6/15/2004 

Harrison County ....................... Unclassifiable/Attainment ........ 6/15/2004 

Rusk County ............................ Unclassifiable/Attainment ........ 6/15/2004 

Smith County ........................... Unclassifiable/Attainment ........ 6/15/2004 

Upshur County ......................... Unclassifiable/Attainment ........ 6/15/2004 

TX ................ San Antonio ...................................................... Bexar County ........................... Nonattainment-deferred ........... 9/30/2005 

Wilson County ......................... Unclassifiable/Attainment ........ 6/15/2004 

Comal County .......................... Nonattainment-deferred ........... 9/30/2005 

Guadalupe County ................... Nonattainment-deferred ........... 9/30/2005 

OK ................ Oklahoma City .................................................. Canadian County ..................... Unclassifiable/Attainment ........ 6/15/2004 

Cleveland County .................... Unclassifiable/Attainment ........ 6/15/2004 

Logan County .......................... Unclassifiable/Attainment ........ 6/15/2004 

McClain County ....................... Unclassifiable/Attainment ........ 6/15/2004 

Oklahoma County .................... Unclassifiable/Attainment ........ 6/15/2004 

Pottawatomie Co ..................... Unclassifiable/Attainment ........ 6/15/2004 

OK ................ Tulsa ................................................................. Tulsa County ........................... Unclassifiable/Attainment ........ 6/15/2004 

Creek County ........................... Unclassifiable/Attainment ........ 6/15/2004 

Osage County .......................... Unclassifiable/Attainment ........ 6/15/2004 

Rogers County ......................... Unclassifiable/Attainment ........ 6/15/2004 

Wagoner County ...................... Unclassifiable/Attainment ........ 6/15/2004 

LA ................ Shreveport-Bossier City .................................... Bossier Parish ......................... Unclassifiable/Attainment ........ 6/15/2004 

Caddo Parish ........................... Unclassifiable/Attainment ........ 6/15/2004 

Webster Parish ........................ Unclassifiable/Attainment ........ 6/15/2004 

NM ............... San Juan County Farmington area .................. San Juan County ..................... Unclassifiable/Attainment ........ 6/15/2004 

EPA Region 8

CO ............... (Denver-Boulder-Greeley-Ft. Collins-Love, CO) Denver County ......................... Nonattainment-deferred ........... 9/30/2005 

Boulder County (includes part 

of Rocky Mtn National Park).

Nonattainment-deferred ........... 9/30/2005 

Jefferson County ..................... Nonattainment-deferred ........... 9/30/2005 

Douglas County ....................... Nonattainment-referred ............ 9/30/2005 

Broomfield ................................ Nonattainment-deferred ........... 9/30/2005 

Adams County ......................... Nonattainment-deferred ........... 9/30/2005 

Arapahoe County ..................... Nonattainment-deferred ........... 9/30/2005 

Larimer County (part) .............. Nonattainment-deferred ........... 9/30/2005 

Weld County (part) .................. Nonattainment-deferred ........... 9/30/2005 

1 Henderson and Transylvania Counties opted out of the Mountain Area of Western NC compact and are no longer participating. 

2The part of York County, SC that includes the portion within the Metropolitan Planning Organization (MPO) is designated nonattainment and 

is part of the Charlotte-Gastonia-Rock Hill, NC–SC nonattainment area, effective June 15, 2004. The remaining part of York County, SC is designated unclassifiable/attainment. 

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 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23869

11 In a few instances, some of the counties 

participating in EACs were determined not to be 

part of the nonattainment area and were designated 

attainment. In such cases, the effective date of the 

attainment designation is not deferred.

12 ‘‘Protocol for Early Action Compacts Designed 

to Achieve and Maintain the 8-hour Ozone 

Standard’’, Texas Commission on Environmental 

Quality (TCEQ), March 2002 (Protocol). The EPA 

endorsed the Protocol in a letter dated June 19, 

2002, from Gregg Cooke, Administrator, EPA Region 

VI, to Robert Huston, TCEQ. The Prtocol was 

revised December 11, 2002 based on comments 

from EPA.

compact area that does not meet the 8-

hour ozone NAAQS and would 

otherwise be designated nonattainment, 

but has met all compact milestones 

through the March 31, 2004 

submission.11 We are deferring until 

September 30, 2005, the effective date of 

the 8-hour ozone nonattainment 

designation for these compact area 

counties which are listed in 40 CFR part 

81 (included at the end of this 

document).

As described earlier in this notice, we 

analyzed information provided by the 

States to determine whether a county 

should be included as part of a 

designated nonattainment area. This 

information included such factors as 

population density, traffic congestion, 

meteorological conditions, and 

pollution transport. We analyzed the 

factors for each county participating in 

an EAC to determine whether a county 

should be included in the 

nonattainment area. Therefore, some 

portions of compact areas are designated 

unclassifiable/attainment and some are 

designated nonattainment. 

The EAC areas that EPA is designating 

in today’s rule as attainment for the 8-

hour ozone NAAQS have agreed to 

continue participating in their compacts 

and meet their obligations on a 

voluntary basis. However, two of the 

five counties in the compact for the 

Mountain Area of Western North 

Carolina have decided to withdraw 

because the area is monitoring 

attainment. The remaining three 

counties are continuing to participate in 

the agreement. 

D. What Is EPA’s Schedule for Taking 

Further Action To Continue To Defer 

the Effective Date of Nonattainment 

Designation for Compact Areas? 

As discussed in the proposed rule, 

prior to the time the first deferral 

expires, we intend to take further action 

to propose and, as appropriate, 

promulgate a second deferred effective 

date of the nonattainment designation 

for those areas that continue to fulfill all 

compact obligations. Prior to the time 

the second deferral expires, we would 

propose and, as appropriate, promulgate 

a third deferral for those areas that 

continue to meet all compact 

milestones. Before the third deferral 

expires shortly after December 31, 2007, 

we intend to determine whether the 

compact areas have attained the 8-hour 

ozone NAAQS and have met all 

compact milestones. By April 2008, we 

will issue our determination. If the area 

has not attained the standard, the 

nonattainment designation will take 

effect. If it has attained the standard, 

EPA will issue an attainment 

designation for the area. Any compact 

area that has not attained the NAAQS 

and has an effective nonattainment 

designation will be subject to full 

planning requirements of title I, part D 

of the CAA, and the area will be 

required to submit a revised attainment 

demonstration SIP within 1 year of the 

effective date of the designation. 

E. What Action Will EPA Take if a 

Compact Area Does Not Meet a 

Milestone? 

As described in the December 16, 

2003 proposed rule (68 FR 70111), the 

compact program was based on a 

number of principles as described in the 

EAC protocol.12 One of these principles 

is to provide safeguards to return areas 

to traditional SIP requirements for 

nonattainment areas should an area fail 

to comply with the terms of the 

compact. For example, if a compact area 

with a deferred effective date fails to 

meet one of the milestones, we would 

take steps immediately to remove the 

deferred effective date of its 

nonattainment designation.

Today, we are promulgating 

regulatory text, which specifies the 

milestones that EAC areas are required 

to complete to be eligible for the 

deferred effective date, as well as certain 

actions that the Administrator will take 

when EAC areas either comply, or do 

not comply, with the terms of the 

compact.

F. What Comments Did EPA Receive on 

the December 16, 2003 Proposal and on 

the June 2, 2003 Proposed 

Implementation Rule Specific to 

Compacts? 

We received a number of comments 

on the proposed rule for compact areas. 

We have responded to the significant 

comments in this section. Our responses 

address various aspects of the compact 

program: (1) Legal concerns; (2) the 

designations process for EAC areas, 

including the anticipated schedule for 

removal of the deferred effective date of 

the nonattainment designation for any 

compact area that fails to meet a 

milestone; (3) concerns about the 

compact process; (4) transportation/

fuels-related comments; and (5) need for 

regulatory language. Other compactrelated 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 

23870 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

welfare of its citizens. People living in 

these areas that realize reductions in 

pollution levels sooner will enjoy the 

health benefits of cleaner air sooner 

than might otherwise occur. In today’s 

rule we are codifying the specific 

requirements in part 81 of the CFR to 

clarify what is required of compact areas 

to be eligible for deferral of the effective 

date of their nonattainment designation 

and what actions EPA intends to take in 

response to areas that meet the 

milestones and areas that do not meet 

the milestones. 

As discussed earlier in this notice, 

EPA and nine environmental 

organizations entered into a Consent 

Decree on March 13, 2003, which 

requires EPA to issue the designations 

by April 15, 2004. Related to that 

agreement, we have been discussing 

with these parties the actions that 

compact areas have committed to take to 

implement measures on an accelerated 

schedule to attain the 8-hour ozone 

standard by December 31, 2007. On 

April 5, 2004, these environmental 

organizations and EPA entered into a 

joint stipulation to modify the deadline 

in the consent decree. The parties 

agreed to extend the deadline for the 

effective date of designations with 

respect to each area which EPA 

determines meets the requirements of 

the Protocol and EPA guidance.

Comment: One commenter expressed 

concern about the health impact and the 

effect on air quality of delaying the 

effectiveness of nonattainment. 

Response: The compact areas that are 

violating the standard are designated 

nonattainment (with deferred effective 

date), which means EPA is 

acknowledging the air quality problem 

of the area and the health impact on the 

community. However, these areas are 

committed to early reductions and early 

implementation of control measures that 

make sense for the local area. The 

Agency believes this proactive approach 

involving multiple, diverse stakeholders 

is beneficial to the citizens of the area 

by raising awareness of the need to 

adopt and implement measures that will 

reduce emissions and improve air 

quality. 

2. Designations Process for Compact 

Areas 

Comment: Several commenters 

expressed concern about EPA’s process 

for designating areas that are 

participating in a compact. In addition, 

a number of commenters also were 

confused about the following statement 

in the June 2, 2003 proposed 8-hour 

implementation rule: ‘‘States are 

advised that if EPA determines that any 

portion of a compact area should 

become part of an 8-hour ozone 

nonattainment area, that portion would 

no longer be eligible for participation in 

the Early Action Compact, and the 

effective date of the nonattainment 

designation would not be deferred’’ (68 

FR 32860, June 2, 2003). Some of these 

commenters noted that the language, as 

written, could be interpreted to mean if 

any EAC area becomes designated as 

nonattainment for the 8-hour ozone 

standard, the EAC is no longer valid. A 

number of commenters submitted 

recommendations to EPA for either 

including or excluding certain 

participating EAC counties from the 

designated area. 

Response: In determining the 

boundary for the designated area, we 

applied the same procedure as we did 

for areas that are not participating in an 

EAC, as described elsewhere in this 

document. The commenters are 

referring to language in section VIII.A.3 

of the June 2, 2003 proposed rule for 

implementing the 8-hour ozone 

standard at 68 FR 32860. At the time we 

entered into compact agreements with 

the local communities by December 

2002, and at the time we proposed the 

8-hour implementation rule, we had not 

made a decision as to which 

participating counties would be 

included in a nonattainment area. 

Therefore, at that time we were not able 

to determine the appropriate boundary 

for the area that would be eligible for a 

deferral of the effective date of 

nonattainment designation. We agree 

with the commenters that the preamble 

language in the proposed 8-hour 

implementation rule is not clear. The 

language was intended to be applied to 

a portion of a compact area that is 

adjacent to or part of an area that is 

violating the 1-hour ozone standard (or 

otherwise did not qualify for 

participation in a compact), and 

subsequently is designated 

nonattainment for the 8-hour ozone 

standard.

An example is the Catawba EAC, 

which includes York County, SC, as 

well as Chester, Lancaster and Union 

Counties, SC. York County, which has 

one monitor that is attaining the 8-hour 

standard, is in the Charlotte-GastoniaRock 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 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23871

action as soon as practicable (e.g., 

January 2005) to remove the deferral for 

that area, which would trigger the 

effective date of the nonattainment 

designation and, thus, also the 

classification, rather than letting the 

designation take effect automatically on 

September 30, 2005. The State would be 

required to submit a revised attainment 

demonstration within 1 year of the 

effective date of the nonattainment 

designation.

Assuming EPA takes rulemaking 

action to continue to defer the effective 

date of the nonattainment designation 

for compact areas, if a compact area fails 

the December 31, 2005 milestone 

(complete implementation of local 

measures), we would take action as soon 

as practicable (e.g., by March 31, 2006) 

to remove the deferral which would 

trigger the effective date of their 

nonattainment designation and, thus, 

also their classification, rather than 

letting the designation take effect 

automatically at the next deferred date. 

The State would be required to submit 

a revised attainment demonstration 

within 1 year of the effective date of the 

nonattainment designation. 

Similarly, for any area that does not 

meet the June 30, 2006 milestone 

(assessment of air quality improvement 

and emissions reductions from 

implementation of measures), we would 

take action as soon as practicable (e.g., 

by September 30, 2006) to remove the 

deferral which would trigger the 

effective date of their nonattainment 

designation and, thus, also their 

classification. If the area, based on the 

most recent 3 years of quality-assured 

monitoring data, is not attaining the 8-

hour ozone standard by December 31, 

2007, we would take action by April 15, 

2008, to remove the deferral which 

would trigger the effective date of their 

nonattainment designation and, where 

applicable, classification. 

Comment: Some commenters strongly 

recommended that if the compact 

measures fail to be implemented or fail 

to achieve targeted emissions 

reductions, the compact area should 

immediately be designated as 

nonattainment with a subpart 2 

classification and be required to comply 

with all applicable obligations within 

the original timeframe. 

Response: In another section of this 

document, we are promulgating 

regulatory text that clarifies the actions 

we intend to take in the event a compact 

area does not meet subsequent 

milestones. Compact areas are 

designated as nonattainment and the 

effective date of that designation is 

deferred. The deferral for any areas that 

do not meet or fail any milestone will 

be removed as soon as practicable 

which would trigger the effective date of 

their nonattainment designation and, 

thus, also the classification consistent 

with the final 8-hour implementation 

rule. If called for by the area’s 

classification, these areas will be 

required to submit a revised attainment 

demonstration within 1 year of the 

effective date of designation and will be 

subject to all applicable requirements of 

title I, part D of the CAA, to be 

implemented within a time frame 

consistent with the area’s classification. 

Comment: One commenter believes 

the second rolling deferred effective 

date is not necessary and should be 

eliminated. According to the 

commenter, there should be only two 

separate deferral dates promulgated for 

nonattainment designations for areas 

where controls would be implemented 

by September 30, 2005, and no other 

milestones (the June 2006 progress 

assessment) would be needed between 

implementation of controls and 

attainment. 

Response: The June 2006 milestone, 

which is one of the compact 

requirements that would be subject to 

the second deferred effective date 

(December 31, 2006), provides that 

States report progress of EAC areas in 

implementing adopted measures and 

assess improvements in air quality and 

reductions in 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 

23872 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

transportation conformity until April 

2009. 

Finally, EPA would like to clarify that 

transportation conformity is not a 

control measure similar to voluntary 

control programs funded through 

CMAQ dollars. Rather, it establishes a 

process for state and local governments 

to consider the broader emissions 

impacts of planned highway and transit 

activities to ensure that Federal funding 

and approval goes to those 

transportation activities that are 

consistent with air quality goals.

Comment: One commenter stated that 

they were reluctant to enter into a 

compact agreement knowing that they 

would not receive CMAQ funds. Several 

commenters also suggested that EPA 

provide EAC areas with tangible 

financial incentives to proactively 

improve their air quality, as well as 

work with the DOT to revise the 

Transportation Efficiency Act (TEA) so 

that it allows EAC areas to receive 

CMAQ funding. 

Response: The commenters are correct 

that EAC areas are not eligible to receive 

CMAQ funding under current law. The 

CMAQ apportionment formula in TEA–

21 contains no provisions to allow 

inclusion of EAC areas into the formula 

and thus into the authorized CMAQ 

levels for each state. Thus, until and 

unless the 8-hour ozone nonattainment 

designation is effective, areas cannot be 

eligible for CMAQ funding, absent a 

change in the law. 

The primary incentive for many areas 

entering into an EAC is deferral of a 

nonattainment designation and major 

requirements, such as transportation 

conformity and NSR. It is true that 

compact areas are subject to SIP 

requirements, but not to other such 

major requirements. The EPA’s 

interpretation is that Congress intended 

to link the obligations that come with a 

nonattainment designation to CMAQ 

funding. The purpose of the CMAQ 

program is to help those areas burdened 

with the significant obligations of the 

CAA attain the NAAQS as expeditiously 

as possible. Under the current CMAQ 

program, an EAC area would not be able 

to receive CMAQ funds because it 

would not be designated as a 

nonattainment or maintenance area. 

Since TEA–21 has not been 

reauthorized as of this writing, EPA 

cannot postulate on whether it will 

contain a new provision allowing 

compact areas to receive CMAQ 

funding. The reauthorization bills 

passed by the Senate and House contain 

no such provision. 

Comment: A number of EAC areas are 

considering the addition of cetane 

additives to fuel for increased fuel 

efficiency. Several commenters 

expressed concern about the focus on 

diesel cetane. They have expressed 

these concerns in detail in earlier 

correspondence with both the Agency 

and the Ozone Transport Commission. 

Response: Clean fuel programs have 

been an integral part of the nation’s 

strategy to reduce smog-forming 

emissions and other harmful pollutants, 

including air toxics from our nation’s 

air. For example, the Federal 

reformulated gasoline program (RFG) 

and lower volatility fuels have been cost 

effective and have provided significant 

and immediate reductions in air 

pollution levels throughout the nation. 

The CAA also allows States, under 

specified circumstances, to design and 

implement their own clean fuel 

programs. Several EAC areas are 

considering such programs including 

cetane improvement programs. Cetane 

improvement programs have the 

potential to contribute emission 

reductions needed for progress toward 

attainment and maintenance of the 

NAAQS. (See EPA Technical Report 

entitled, ‘‘The Effect of Cetane Number 

Increase Due to Additives on 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. 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 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-forprofit 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 

23874 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Today’s final action does not include 

a Federal mandate within the meaning 

of UMRA that may result in 

expenditures of $100 million or more in 

any one year by either State, local, or 

Tribal governments in the aggregate or 

to the private sector, and therefore, is 

not subject to the requirements of 

sections 202 and 205 of the UMRA. It 

does not create any additional 

requirements beyond those of the 8-hour 

National Ambient Air Quality Standards 

(NAAQS) for Ozone (62 FR 38894; July 

18, 1997), therefore, no UMRA analysis 

is needed. This rule establishes the 

application of the 8-hour ozone 

standard and the designation for each 

area of the country for the 8-hour 

NAAQS for Ozone. The CAA requires 

States to develop plans, including 

control measures, based on their 

designations and classifications. In this 

rule, EPA is also deferring the effective 

date of nonattainment designations for 

certain areas that have entered into 

compacts with us and is promulgating 

regulations governing future actions 

with respect to these areas. 

One mandate that may apply as a 

consequence of this action to all 

designated nonattainment areas is the 

requirement under CAA section 176(c) 

and associated regulations to 

demonstrate conformity of Federal 

actions to SIPs. These rules apply to 

Federal agencies and Metropolitan 

Planning Organizations (MPOs) making 

conformity determinations. The EPA 

concludes that such conformity 

determinations will not cost $100 

million or more in the aggregate.

The EPA believes that any new 

controls imposed as a result of this 

action will not cost in the aggregate 

$100 million or more annually. Thus, 

this Federal action will not impose 

mandates that will require expenditures 

of $100 million or more in the aggregate 

in any one year. 

Nonetheless, EPA carried out 

consultations with governmental 

entities affected by this rule, including 

States, Tribal governments, and local air 

pollution control agencies. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The CAA 

establishes the scheme whereby States 

take the lead in developing plans to 

meet the NAAQS. This rule will not 

modify the relationship of the States 

and EPA for purposes of developing 

programs to implement the NAAQS. 

Thus, Executive Order 13132 does not 

apply to this rule. 

Although Executive Order 13132 does 

not apply to this rule, EPA discussed 

the designation process and compact 

program with representatives of State 

and local air pollution control agencies, 

and Tribal governments, as well as the 

Clean Air Act Advisory Committee, 

which is also composed of State and 

local representatives. In the spirit of 

Executive Order 13132, and consistent 

with EPA policy to promote 

communications between EPA and State 

and local governments, EPA specifically 

solicited comment on the proposed rule 

for deferring the effective date of 

nonattainment designations from State 

and local officials. The portion of this 

rule that assigns designations is not 

subject to notice and comment under 

section 107(d)(2)(B) of the CAA and, 

therefore, no proposed rulemaking was 

prepared which specifically solicited 

comment on the designations. However, 

section 107(d)(1)(A) establishes a 

process whereby States first 

recommends the designations for areas 

in their States. In addition, the Agency 

has consulted extensively with 

representatives of State, Tribal and local 

governments, including elected officials 

regarding the designations. The EPA 

also notified national organizations of 

State and local officials and made EPA 

staff available to discuss the action with 

the organization staff and their 

members. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule does not 

have ‘‘Tribal implications’’ as specified 

in Executive Order 13175. This rule 

concerns the classification and 

designation of areas as attainment or 

nonattainment of areas for the 8-hour 

ozone standard and deferral of the 

effective date of the nonattainment 

designation for areas participating in the 

early action compact process and that 

have met all milestones. The CAA 

provides for States to develop plans to 

regulate emissions of air pollutants 

within their jurisdictions. The TAR 

gives Tribes the opportunity to develop 

and implement CAA programs such as 

programs to attain and maintain the 8-

hour ozone NAAQS, but it leaves to the 

discretion of the Tribe whether to 

develop these programs and which 

programs, or appropriate elements of a 

program, they will adopt. Early Action 

Compact areas that would be affected by 

this final rule would be required to 

develop and submit local plans for 

adoption and implementation of the 8-

hour ozone standard earlier than the 

CAA requires. These plans would be 

submitted to EPA as SIP revisions in 

December 2004. No early action 

compact areas include Tribal land. 

This final rule does not have Tribal 

implications as defined by Executive 

Order 13175. It does not have a 

substantial direct effect on one or more 

Indian Tribes, since no Tribe has 

implemented a CAA program to attain 

the 8-hour ozone NAAQS at this time or 

has participated in a compact. 

Furthermore, this rule does not affect 

the relationship or distribution of power 

and responsibilities between the Federal 

government and Indian Tribes. The 

CAA and the TAR establish the 

relationship of the Federal government 

and Tribes in developing plans to attain 

the NAAQS, and this rule does nothing 

to modify that relationship. Because this 

rule does not have Tribal implications, 

Executive Order 13175 does not apply.

Although Executive Order 13175 does 

not apply to this rule, EPA did outreach 

to Tribal representatives regarding the 

designations and to inform them about 

the compact program and its impact on 

designations. The EPA supports a 

national ‘‘Tribal Designations and 

Implementation Work Group’’ which 

provides an open forum for all Tribes to 

voice concerns to EPA about the 

designation and implementation process 

for the NAAQS, including the 8-hour 

ozone standard. These discussions 

informed EPA about key Tribal concerns 

regarding designations as the rule was 

under development. 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 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.

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas.

Dated: April 15, 2004. 

Michael O. Leavitt, 

Administrator.

■ For the reasons set forth in the 

preamble, 40 CFR part 81, subpart C is 

amended as follows:

PART 81—DESIGNATIONS OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES

■ 1. The authority citation for part 81 

continues to read as follows:

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

Subpart C—Section 107 Attainment 

Status Designations

■ 2. Section 81.300 is amended by 

adding paragraph (e) to read as follows:

§ 81.300 Scope.

* * * * *

(e) Provisions for Early Action 

Compact Areas with Deferred Effective 

Date of Nonattainment Designation. 

23876 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

(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 qualityassured data that meets the 1-hour 

national ambient air quality standard for 

ozone; and 

(3) May or may not be meeting the 8-

hour national ambient air quality 

standard for ozone. 

(ii) State. The term ‘‘State’’ has the 

meaning given the term in section 302 

of the Clean Air Act (42 U.S.C. 7602). 

(iii) Area. The term ‘‘area’’ means one 

or more counties, parishes, or towns 

that are participating in an early action 

compact. 

(iv) State Implementation Plan. The 

term ‘‘State implementation plan’’

(‘‘SIP’’) means a plan required to be 

submitted to the Administrator by a 

State under section 110 of the Clean Air 

Act (42 U.S.C. 7410). 

(v) 8-hour National Ambient Air 

Quality Standard means the air quality 

standards under the Clean Air Act (42 

U.S.C. 7401 et seq.) codified at 40 CFR 

50.10. 

(2) What Are Early Action Compact 

Areas Required To Do?

(i) Not later than June 16, 2003, the 

local area shall—

(A) Submit to the Administrator a list 

identifying and describing the local 

control measures that are being 

considered for adoption during the local 

planning process; and 

(B) Provide to the public clear 

information on the measures under 

consideration; 

(ii) Not later than March 31, 2004, the 

local plan shall be completed and 

submitted to the State (with a copy of 

the local plan provided to the 

Administrator), which shall include—

(A) One or more locally adopted 

measures that are specific, quantified, 

and permanent and that, if approved by 

the Administrator, will be enforceable 

as part of the State implementation 

plan; 

(B) Specific implementation dates for 

the adopted control measures; 

(C) Sufficient documentation to 

ensure that the Administrator will be 

able to make a preliminary technical 

assessment based on control measures 

demonstrating attainment of the 8-hour 

ozone national ambient air quality 

standard under the Clean Air Act not 

later than December 31, 2007; 

(iii) Not later than December 31, 2004, 

the State shall submit to the 

Administrator a revision to the SIP 

consisting of the local plan, including 

all adopted control measures, and a 

demonstration that the applicable area 

will attain the 8-hour ozone national 

ambient air quality standard not later 

than December 31, 2007; 

(iv) The area subject to the early 

action compact shall implement 

expeditiously, but not later than 

December 31, 2005, the local control 

measures that are incorporated in the 

SIP;

(v) Not later than June 30, 2006, the 

State shall submit to the Administrator 

a report describing the progress of the 

local area since December 31, 2005, that 

includes—

(A) A description of whether the area 

continues to implement its control 

measures, the emissions reductions 

being achieved by the control measures, 

and the improvements in air quality that 

are being made; and 

(B) Sufficient information to ensure 

that the Administrator will be able to 

make a comprehensive assessment of air 

quality progress in the area; and 

(vi) Not later than December 31, 2007, 

the area subject to a compact shall attain 

the 8-hour ozone national ambient air 

quality standard. 

(3) What Action Shall the 

Administrator Take To Promulgate 

Designations for an Early Action 

Compact Area That Does Not Meet (or 

That Contributes to Ambient Air Quality 

in a Nearby Area That Does Not Meet) 

the 8-Hour Ozone National Ambient Air 

Quality Standard?

(i) General. Notwithstanding clauses 

(i) through (iv) of section 107(d)(1)(B) of 

the Clean Air Act (42 U.S.C. 

7407(d)(1)(B)), the Administrator shall 

defer until September 30, 2005, the 

effective date of a nonattainment 

designation of any area subject to a 

compact that does not meet (or that 

contributes to ambient air quality in a 

nearby area that does not meet) the 8-

hour ozone national ambient air quality 

standard if the Administrator 

determines that the area subject to a 

compact has met the requirements in 

paragraphs (e)(2)(i) and (ii) of this 

section. 

(ii) Requirements not met.

(A) If the Administrator determines 

that an area subject to a compact has not 

met the requirements in paragraphs 

(e)(2)(i) and (ii) of this section, the 

nonattainment designation will become 

effective June 15, 2004. 

(B) Prior to expiration of the deferred 

effective date on September 30, 2005, if 

the Administrator determines that an 

area or the State subject to a compact 

has not met either requirement in 

paragraphs (e)(2)(ii) and (iii) of this 

section, the nonattainment designation 

shall become effective as of the deferred 

effective date, unless EPA takes 

affirmative rulemaking action to further 

extend the deadline. 

(C) If the Administrator determines 

that an area subject to a compact and/

or State has not met any requirement in 

paragraphs (e)(2)(iii)–(vi) of this section, 

the nonattainment designation shall 

become effective as of the deferred 

effective date, unless EPA takes 

affirmative rulemaking action to further 

extend the deadline. 

(D) Not later than 1 year after the 

effective date of the nonattainment 

designation, the State shall submit to 

the Administrator a revised attainment 

demonstration SIP. 

(iii) All Requirements Met. If the 

Administrator determines that an area 

subject to a compact has met all of the 

requirements under subparagraph (e)(2) 

of this section—

(A) The Administrator shall designate 

the area as attainment under section 

107(d)(1)(B) of the Clean Air Act; and 

(B) The designation shall become 

effective no later than April 15, 2008. 

(4) What Action Shall the 

Administrator Take To Approve or 

Disapprove a Revision to the SIP 

Submitted by a Compact Area on or 

Before December 31, 2004?

(i) Not later than September 30, 2005, 

the Administrator shall take final action 

to approve or disapprove a revision to 

the SIP, in accordance with paragraph 

(e)(2)(iii) of this section, that is 

submitted by a compact area on or 

before December 31, 2004. 

(ii) If the Administrator approves the 

SIP revision, the area will continue to be 

eligible for a deferral of the effective 

date of nonattainment designation. 

(iii) If the Administrator disapproves 

the SIP revision, the nonattainment 

designation shall become effective on 

September 30, 2005. 

(iv) If the area’s nonattainment 

designation applies, the State shall 

comply with paragraph (e)(3)(ii)(D) of 

this section.

PART 81—[AMENDED]

■ 2a. In § 81.301, the table entitled 

‘‘Alabama—Ozone (8-Hour Standard)’’ is 

added to read as follows:

§ 81.301 Alabama.

* * * * *

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23877

ALABAMA—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Birmingham, AL: 

Jefferson County ........................................................... .................... Nonattainment .................. .................... Subpart 1. 

Shelby County ............................................................... .................... Nonattainment .................. .................... Subpart 1. 

Rest of State ......................................................................... .................... Unclassifiable/Attainment.

Autauga County 

Baldwin County 

Barbour County 

Bibb County 

Blount County 

Bullock County 

Butler County 

Calhoun County 

Chambers County 

Cherokee County 

Chilton County 

Choctaw County 

Clarke County 

Clay County 

Cleburne County 

Coffee County 

Colbert County 

Conecuh County 

Coosa County 

Covington County 

Crenshaw County 

Cullman County 

Dale County 

Dallas County 

DeKalb County 

Elmore County 

Escambia County 

Etowah County 

Fayette County 

Franklin County 

Geneva County 

Greene County 

Hale County 

Henry County 

Houston County 

Jackson County 

Lamar County 

Lauderdale County 

Lawrence County 

Lee County 

Limestone County 

Lowndes County 

Macon County 

Madison County 

Marengo County 

Marion County 

Marshall County 

Mobile County 

Monroe County 

Montgomery County 

Morgan County 

Perry County 

Pickens County 

Pike County 

Randolph County 

Russell County 

St. Clair County 

Sumter County 

Talladega County 

Tallapoosa County 

Tuscaloosa County 

Walker County 

Washington County 

Wilcox County 

Winston County 

a Includes Indian Country located in each county or area, except as otherwise specified. 

23880 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

ARIZONA—OZONE (8-HOUR STANDARD)—Continued

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

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. 

1This date is June 15, 2004, unless otherwise noted. 

■ 5. In § 81.304, the table entitled 

‘‘Arkansas-Ozone (8-Hour Standard)’’ is 

added to read as follows:

§ 81.304 Arkansas.

* * * * *

ARKANSAS—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Memphis, TN–AR: 

(AQCR 018 Metropolitan Memphis Interstate) 

Crittenden County .................................................. .................... Nonattainment .................. .................... Subpart 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 Interstate ................... .................... Unclassifiable/Attainment.

Benton County 

Crawford County 

Sebastian County 

Washington County 

AQCR 019 Monroe-El Dorado Interstate ........................... .................... Unclassifiable/Attainment.

Ashley County 

Bradley County 

Calhoun County 

Nevada County 

Ouachita County 

Union County 

AQCR 020 Northeast Arkansas Intrastate ......................... .................... Unclassifiable/Attainment.

Arkansas County 

Clay County 

Craighead County 

Cross County 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23881

ARKANSAS—OZONE (8-HOUR STANDARD)—Continued

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

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 Intrastate ........................ .................... Unclassifiable/Attainment.

Baxter County 

Boone County 

Carroll County 

Cleburne County 

Franklin County 

Fulton County 

Izard County 

Johnson County 

Logan County 

Madison County 

Marion County 

Montgomery County 

Newton County 

Pike County 

Polk County 

Scott County 

Searcy County 

Stone County 

Van Buren County 

AQCR 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. 

1This date is June 15, 2004, unless otherwise noted. 

■ 6. In § 81.305, the table entitled 

‘‘California—Ozone (8-Hour Standard)’’

is added to read as follows:

§ 81.305 California.

* * * * *

CALIFORNIA—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Amador and Calaveras Cos., CA: 

(Central Mountain Cos.) 

Amador County ...................................................... .................... Nonattainment .................. .................... Subpart 1. 

Calaveras County ................................................... .................... Nonattainment .................. .................... Subpart 1. 

Chico, CA: 

Butte County .................................................................. .................... Nonattainment .................. .................... Subpart 1. 

Kern County (Eastern Kern), CA .......................................... .................... Nonattainment .................. .................... Subpart 1. 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23913

MINNESOTA—OZONE (8-HOUR STANDARD)—Continued

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Freeborn County ........................................................... .................... Unclassifiable/Attainment.

Goodhue County ........................................................... .................... Unclassifiable/Attainment.

Grant County ................................................................. .................... Unclassifiable/Attainment.

Houston County ............................................................. .................... Unclassifiable/Attainment.

Hubbard County ............................................................ .................... Unclassifiable/Attainment.

Isanti County ................................................................. .................... Unclassifiable/Attainment.

Itasca County ................................................................ .................... Unclassifiable/Attainment.

Jackson County ............................................................. .................... Unclassifiable/Attainment.

Kanabec County ............................................................ .................... Unclassifiable/Attainment.

Kandiyohi County .......................................................... .................... Unclassifiable/Attainment.

Kittson County ............................................................... .................... Unclassifiable/Attainment.

Koochiching County ...................................................... .................... Unclassifiable/Attainment.

Lac qui Parle County ..................................................... .................... Unclassifiable/Attainment.

Lake County .................................................................. .................... Unclassifiable/Attainment.

Lake of the Woods County ........................................... .................... Unclassifiable/Attainment.

Le Sueur County ........................................................... .................... Unclassifiable/Attainment.

Lincoln County ............................................................... .................... Unclassifiable/Attainment.

Lyon County .................................................................. .................... Unclassifiable/Attainment.

Mahnomen County ........................................................ .................... Unclassifiable/Attainment.

Marshall County ............................................................ .................... Unclassifiable/Attainment.

Martin County ................................................................ .................... Unclassifiable/Attainment.

McLeod County ............................................................. .................... Unclassifiable/Attainment.

Meeker County .............................................................. .................... Unclassifiable/Attainment.

Mille Lacs County .......................................................... .................... Unclassifiable/Attainment.

Morrison County ............................................................ .................... Unclassifiable/Attainment.

Mower County ............................................................... .................... Unclassifiable/Attainment.

Murray County ............................................................... .................... Unclassifiable/Attainment.

Nicollet County .............................................................. .................... Unclassifiable/Attainment.

Nobles County ............................................................... .................... Unclassifiable/Attainment.

Norman County ............................................................. .................... Unclassifiable/Attainment.

Olmsted County ............................................................. .................... Unclassifiable/Attainment.

Otter Tail County ........................................................... .................... Unclassifiable/Attainment.

Pennington County ........................................................ .................... Unclassifiable/Attainment.

Pine County ................................................................... .................... Unclassifiable/Attainment.

Pipestone County .......................................................... .................... Unclassifiable/Attainment.

Polk County ................................................................... .................... Unclassifiable/Attainment.

Pope County .................................................................. .................... Unclassifiable/Attainment.

Red Lake County .......................................................... .................... Unclassifiable/Attainment.

Redwood County ........................................................... .................... Unclassifiable/Attainment.

Renville County ............................................................. .................... Unclassifiable/Attainment.

Rice County ................................................................... .................... Unclassifiable/Attainment.

Rock County .................................................................. .................... Unclassifiable/Attainment.

Roseau County .............................................................. .................... Unclassifiable/Attainment.

St. Louis County ............................................................ .................... Unclassifiable/Attainment.

Sherburne County ......................................................... .................... Unclassifiable/Attainment.

Sibley County ................................................................ .................... Unclassifiable/Attainment.

Stearns County .............................................................. .................... Unclassifiable/Attainment.

Steele County ................................................................ .................... Unclassifiable/Attainment.

Stevens County ............................................................. .................... Unclassifiable/Attainment.

Swift County .................................................................. .................... Unclassifiable/Attainment.

Todd County .................................................................. .................... Unclassifiable/Attainment.

Traverse County ............................................................ .................... Unclassifiable/Attainment.

Wabasha County ........................................................... .................... Unclassifiable/Attainment.

Wadena County ............................................................. .................... Unclassifiable/Attainment.

Waseca County ............................................................. .................... Unclassifiable/Attainment.

Watonwan County ......................................................... .................... Unclassifiable/Attainment.

Wilkin County ................................................................ .................... Unclassifiable/Attainment.

Winona County .............................................................. .................... Unclassifiable/Attainment.

Wright County ................................................................ .................... Unclassifiable/Attainment.

Yellow Medicine County ................................................ .................... Unclassifiable/Attainment.

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

■ 26. In § 81.325, the table entitled 

‘‘Mississippi—Ozone (8-Hour 

Standard)’’ is added to read as follows:

§ 81.325 Mississippi.

* * * * *

23914 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

MISSISSIPPI—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Statewide .............................................................................. .................... Unclassifiable/Attainment. 

Adams County 

Alcorn County 

Amite County 

Attala County 

Benton County 

Bolivar County 

Calhoun County 

Carroll County 

Chickasaw County 

Choctaw County 

Claiborne County 

Clarke County 

Clay County 

Coahoma County 

Copiah County 

Covington County 

DeSoto County 

Forrest County 

Franklin County 

George County 

Greene County 

Grenada County 

Hancock County 

Harrison County 

Hinds County 

Holmes County 

Humphreys County 

Issaquena County 

Itawamba County 

Jackson County 

Jasper County 

Jefferson County 

Jefferson Davis County 

Jones County 

Kemper County 

Lafayette County 

Lamar County 

Lauderdale County 

Lawrence County 

Leake County 

Lee County 

Leflore County 

Lincoln County 

Lowndes County 

Madison County 

Marion County 

Marshall County 

Monroe County 

Montgomery County 

Neshoba County 

Newton County 

Noxubee County 

Oktibbeha County 

Panola County 

Pearl River County 

Perry County 

Pike County 

Pontotoc County 

Prentiss County 

Quitman County 

Rankin County 

Scott County 

Sharkey County 

Simpson County 

Smith County 

Stone County 

Sunflower County 

Tallahatchie County 

Tate County 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23915

MISSISSIPPI—OZONE (8-HOUR STANDARD)—Continued

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

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. 

1This date is June 15, 2004, unless otherwise noted. 

■ 27. In § 81.326, the table entitled 

‘‘Missouri—Ozone (8-Hour Standard)’’ is 

added to read as follows:

§ 81.326 Missouri.

* * * * *

MISSOURI—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Kansas City, MO–KS: 

Cass County .................................................................. Unclassifiable b. 

Clay County ................................................................... Unclassifiable b. 

Jackson County ............................................................. Unclassifiable b. 

Platte County ................................................................. Unclassifiable b. 

St. Louis, MO–IL: 

Franklin County ............................................................. .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Jefferson County ........................................................... .................... Nonattainment .................. .................... Subpart 2/Moderate. 

St. Charles County ........................................................ .................... Nonattainment .................. .................... Subpart 2/Moderate. 

St. Louis City ................................................................. .................... Nonattainment .................. .................... Subpart 2/Moderate. 

St. Louis County. ........................................................... .................... Nonattainment .................. .................... Subpart 2/Moderate. 

AQCR 094 Metro Kansas City Interstate Unclassifiable/Attainment. 

Buchanan County 

Ray County 

AQCR 137 N. Missouri Intrastate (part) 

Pike County ................................................................... Unclassifiable/Attainment. 

Ralls County .................................................................. Unclassifiable/Attainment. 

AQCR 137 N. Missouri Intrastate (remainder of) ................. Unclassifiable/Attainment. 

Adair County 

Andrew County 

Atchison County 

Audrain County 

Boone County 

Caldwell County 

Callaway County 

Carroll County 

Chariton County 

Clark County 

Clinton County 

Cole County 

Cooper County 

Daviess County 

DeKalb County 

Gentry County 

Grundy County 

Harrison County 

Holt County 

Howard County 

Knox County 

Lewis County 

Lincoln County 

Linn County 

Livingston County 

23934 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

SOUTH DAKOTA—OZONE (8-HOUR STANDARD)—Continued

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Dewey County ............................................................... .................... Unclassifiable/Attainment.

Douglas County ............................................................. .................... Unclassifiable/Attainment.

Edmunds County ........................................................... .................... Unclassifiable/Attainment.

Fall River County ........................................................... .................... Unclassifiable/Attainment.

Faulk County ................................................................. .................... Unclassifiable/Attainment.

Grant County ................................................................. .................... Unclassifiable/Attainment.

Gregory County ............................................................. .................... Unclassifiable/Attainment.

Haakon County .............................................................. .................... Unclassifiable/Attainment.

Hamlin County ............................................................... .................... Unclassifiable/Attainment.

Hand County ................................................................. .................... Unclassifiable/Attainment.

Hanson County .............................................................. .................... Unclassifiable/Attainment.

Harding County ............................................................. .................... Unclassifiable/Attainment.

Hughes County .............................................................. .................... Unclassifiable/Attainment.

Hutchinson County ........................................................ .................... Unclassifiable/Attainment.

Hyde County .................................................................. .................... Unclassifiable/Attainment.

Jackson County ............................................................. .................... Unclassifiable/Attainment.

Jerauld County .............................................................. .................... Unclassifiable/Attainment.

Jones County ................................................................ .................... Unclassifiable/Attainment.

Kingsbury County .......................................................... .................... Unclassifiable/Attainment.

Lake County .................................................................. .................... Unclassifiable/Attainment.

Lawrence County .......................................................... .................... Unclassifiable/Attainment.

Lincoln County ............................................................... .................... Unclassifiable/Attainment.

Lyman County ............................................................... .................... Unclassifiable/Attainment.

Marshall County ............................................................ .................... Unclassifiable/Attainment.

McCook County ............................................................. .................... Unclassifiable/Attainment.

McPherson County ........................................................ .................... Unclassifiable/Attainment.

Meade County ............................................................... .................... Unclassifiable/Attainment.

Mellette County ............................................................. .................... Unclassifiable/Attainment.

Miner County ................................................................. .................... Unclassifiable/Attainment.

Minnehaha County ........................................................ .................... Unclassifiable/Attainment.

Moody County ............................................................... .................... Unclassifiable/Attainment.

Pennington County ........................................................ .................... Unclassifiable/Attainment.

Perkins County .............................................................. .................... Unclassifiable/Attainment.

Potter County ................................................................ .................... Unclassifiable/Attainment.

Roberts County ............................................................. .................... Unclassifiable/Attainment.

Sanborn County ............................................................ .................... Unclassifiable/Attainment.

Shannon County ............................................................ .................... Unclassifiable/Attainment.

Spink County ................................................................. .................... Unclassifiable/Attainment.

Stanley County .............................................................. .................... Unclassifiable/Attainment.

Sully County .................................................................. .................... Unclassifiable/Attainment.

Todd County .................................................................. .................... Unclassifiable/Attainment.

Tripp County .................................................................. .................... Unclassifiable/Attainment.

Turner County ............................................................... .................... Unclassifiable/Attainment.

Union County ................................................................. .................... Unclassifiable/Attainment.

Walworth County ........................................................... .................... Unclassifiable/Attainment.

Yankton County ............................................................. .................... Unclassifiable/Attainment.

Ziebach County ............................................................. .................... Unclassifiable/Attainment.

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

■ 44. In § 81.343, the table entitled 

‘‘Tennessee—Ozone (8-Hour Standard)’’

is added to read as follows:

§ 81.343 Tennessee.

* * * * *

TENNESSEE—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Chattanooga, TN-GA: 

Hamilton County ............................................................ .................... Nonattainment .................. .................... Subpart 1. 

Meigs County ................................................................ .................... Nonattainment .................. .................... Subpart 1. 

Clarkesville-Hopkinsville, TN-KY: 

Montgomery County ...................................................... .................... Nonattainment .................. .................... Subpart 1. 

Johnson City-Kingsport-Bristol, TN: 

Hawkins County ............................................................ (2) Nonattainment .................. (2) Subpart 1. 

Sullivan County ............................................................. (2) Nonattainment .................. (2) Subpart 1. 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23935

TENNESSEE—OZONE (8-HOUR STANDARD)—Continued

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Knoxville, TN: 

Anderson County ........................................................... .................... Nonattainment .................. .................... Subpart 1. 

Blount County ................................................................ .................... Nonattainment .................. .................... Subpart 1. 

Cocke County (part) ...................................................... .................... Nonattainment .................. .................... Subpart 1. 

(Great Smoky Mtn Park) 

Jefferson County ........................................................... .................... Nonattainment .................. .................... Subpart 1. 

Knox County .................................................................. .................... Nonattainment .................. .................... Subpart 1. 

Loudon County .............................................................. .................... Nonattainment .................. .................... Subpart 1. 

Sevier County ................................................................ .................... Nonattainment .................. .................... Subpart 1. 

Memphis, TN-AR: 

Shelby County ............................................................... .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Nashville, TN: 

Davidson County ........................................................... (2) Nonattainment .................. (2) Subpart 1. 

Rutherford County ......................................................... (2) Nonattainment .................. (2) Subpart 1. 

Sumner County ............................................................. (2) Nonattainment .................. (2) Subpart 1 

Williamson County ......................................................... (2) Nonattainment .................. (2) Subpart 1. 

Wilson County ............................................................... (2) Nonattainment .................. (2) Subpart 1. 

Rest of State ......................................................................... .................... Unclassifiable/Attainment.

Bedford County 

Benton County 

Bledsoe County 

Bradley County 

Campbell County 

Cannon County 

Carroll County 

Carter County 

Cheatham County 

Chester County 

Claiborne County 

Clay County 

Cocke County (part) remainder 

Coffee County 

Crockett County 

Cumberland County 

Decatur County 

DeKalb County 

Dickson County 

Dyer County 

Fayette County 

Fentress County 

Franklin County 

Gibson County 

Giles County 

Grainger County 

Greene County 

Grundy County 

Hamblen County 

Hancock County 

Hardeman County 

Hardin County 

Haywood County 

Henderson County 

Henry County 

Hickman County 

Houston County 

Humphreys County 

Jackson County 

Johnson County 

Lake County 

Lauderdale County 

Lawrence County 

Lewis County 

Lincoln County 

Macon County 

Madison County 

Marion County 

Marshall County 

Maury County 

McMinn County 

McNairy County 

23936 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 

TENNESSEE—OZONE (8-HOUR STANDARD)—Continued

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Monroe County 

Moore County 

Morgan County 

Obion County 

Overton County 

Perry County 

Pickett County 

Polk County 

Putnam County 

Rhea County 

Roane County 

Robertson County 

Scott County 

Sequatchie County 

Smith County 

Stewart County 

Tipton County 

Trousdale County 

Unicoi County 

Union County 

Van Buren County 

Warren County 

Washington County 

Wayne County 

Weakley County 

White County 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

2Early Action Compact Area, effective date deferred until September 30, 2005. 

45. In § 81.344, the table entitled 

‘‘Texas—Ozone (8-Hour Standard)’’ is 

added to read as follows:

§ 81.344 Texas.

* * * * *

TEXAS—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Beaumont/Port Arthur, TX: 

Hardin County ............................................................... .................... Nonattainment .................. .................... Subpart 2/Marginal. 

Jefferson County ........................................................... .................... Nonattainment .................. .................... Subpart 2/Marginal. 

Orange County .............................................................. .................... Nonattainment .................. .................... Subpart 2/Marginal. 

Dallas-Fort Worth, TX: 

Collin County ................................................................. .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Dallas County ................................................................ .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Denton County .............................................................. .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Ellis County ................................................................... .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Johnson County ............................................................ .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Kaufman County ............................................................ .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Parker County ............................................................... .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Rockwall County ............................................................ .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Tarrant County .............................................................. .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Houston-Galveston-Brazoria, TX: 

Brazoria County ............................................................. .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Chambers County ......................................................... .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Fort Bend County .......................................................... .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Galveston County .......................................................... .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Harris County ................................................................ .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Liberty County ............................................................... .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Montgomery County ...................................................... .................... Nonattainment .................. .................... Subpart 2/Moderate. 

Waller County ................................................................ .................... Nonattainment .................. .................... Subpart 2/Moderate. 

San Antonio, TX: 

Bexar County ................................................................. (2) Nonattainment .................. (2) Subpart 1. 

Comal County ................................................................ (2) Nonattainment .................. (2) Subpart 1. 

Guadalupe County ........................................................ (2) Nonattainment .................. (2) Subpart 1. 

Victoria Area: 

Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23951

PUERTO RICO—OZONE (8-HOUR STANDARD)—Continued

Designated area 

Designation Category/classification 

Date 1 Type Date 1 Type 

San Lorenzo Municipio 

San Sebastia ́n Municipio 

Santa Isabel Municipio 

Toa Alta Municipio 

Toa Baja County 

Trujillo Alto Municipio 

Utuado Municipio 

Vega Alta Municipio 

Vega Baja Municipio 

Vieques Municipio 

Villalba Municipio 

Yabucoa Municipio 

Yauco Municipio 

1This date is June 15, 2004, unless otherwise noted. 

■ 57. In § 81.356, the table entitled 

‘‘Virgin Islands—Ozone (8-Hour 

Standard)’’ is added to read as follows:

§ 81.356 Virgin Islands.

* * * * *

VIRGIN ISLANDS—OZONE (8-HOUR STANDARD) 

Designated area 

Designation Category/classification 

Date 1 Type Date 1 Type 

Statewide .............................................................................. .................... Unclassifiable/Attainment.

St. Croix 

St. John 

St. Thomas 

1This date is June 15, 2004, unless otherwise noted. 

[FR Doc. 04–9152 Filed 4–29–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 50, 51 and 81 

[OAR 2003–0079, FRL–7651–7] 

RIN 2060–AJ99 

Final Rule To Implement the 8-Hour 

Ozone National Ambient Air Quality 

Standard—Phase 1

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: In this document, EPA is 

taking final action on key elements of 

the program to implement the 8-hour 

ozone national ambient air quality 

standard (NAAQS or standard). This 

final rule addresses the following topics: 

classifications for the 8-hour NAAQS; 

revocation of the 1-hour NAAQS (i.e., 

when the 1-hour NAAQS will no longer 

apply); how anti-backsliding principles 

will ensure continued progress toward 

attainment of the 8-hour ozone NAAQS; 

attainment dates; and the timing of 

emissions reductions needed for 

attainment. We are issuing this rule so 

that States and Tribes will know how 

we plan to classify areas and transition 

from implementation of the 1-hour 

NAAQS to implementation of the 8-

hour NAAQS. The intended effect of the 

rule is to provide certainty to States and 

Tribes regarding classifications for the 

8-hour NAAQS and their continued 

obligations with respect to existing 

requirements. This document is Phase 1 

of the program to implement the 8-hour 

ozone NAAQS. We plan to issue a 

second rule, Phase 2, within the next 

several months which will address the 

remaining 8-hour implementation 

issues, e.g., requirements for reasonable 

further progress (RFP), requirements for 

modeling and attainment 

demonstrations, and requirements for 

reasonably available control measures 

(RACM) and reasonably available 

control technology (RACT).

DATES: Effective Date: This rule is 

effective on June 15, 2004.

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. OAR–2003–0079. 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 

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 EPA Docket Center (Air 

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 variety 

of earlier materials regarding 

implementation of the 8-hour ozone 

NAAQS on the Web site: http://

www.epa.gov/ttn/naaqs/ozone/

o3imp8hr.

FOR FURTHER INFORMATION CONTACT: Mr. 

John Silvasi, Office of Air Quality