LEXSEE 56 FR 56694

ENVIRONMENTAL PROTECTION AGENCY AGENCY: Environmental Protection Agency (EPA).

40 CFR Part 81 Designation of Areas for Air Quality Planning Purposes

[Air Docket No. A-90-42; FRL-3946-1]

RIN 2060-AC56

56 FR 56694

November 6, 1991

ACTION: Final rule. [PART I OF VIII]

SUMMARY: This rulemaking sets forth the attainment status, including designations and classifications for selected areas affected by the ozone, carbon monoxide (CO), particulate matter (PM), and lead national ambient air quality standards (NAAQS). The tables following this rulemaking set forth, on a State-by-State, pollutant-by-pollutant basis (as appropriate), the attainment status of the above-mentioned NAAQS as submitted by the appropriate States, and approved or as designated and classified by the EPA. Designations and classifications revised as a result of technical corrections will be republished.

EFFECTIVE DATE: This regulation will become effective on January 6, 1992.

ADDRESSES: Written comments on this rulemaking must be limited to addressing the technical correctness of these determinations and significant new policy issues and must be received on or before December 6, 1991. Such comments should be sent in duplicate to the attention of: Air Docket No. A-90-42, U.S. EPA (LE-131), 401 M St., SW., Washington, DC 20460. The docket is located in Rm. M-1500, First Floor, Waterside Mall, 401 M St., SW., Washington, DC. Materials relevant to this rulemaking may be inspected at this location during the hours from 8:30 a.m. to 12 noon and from 1:30 p.m. to 3:30 p.m., Monday through Friday, except for legal holidays. In addition, the public may inspect the same information that is maintained in the docket at the following locations.

Regional Offices States Page 1Susan Studlien, Chief, State Air

Programs Branch, EPA Region I, J.F.K. Federal Building, Boston, MA 02203-2211, (617) 565-3245; FTS 835-3245. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. William S. Baker, Chief, Air Programs Branch, EPA Region II, 26 Federal Plaza, New York, NY 10278, (212) 264-2517; FTS 264-2517. New Jersey, New York, Puerto Rico, and Virgin Islands. Marcia Spink, Chief, Air Programs Branch, EPA Region III, 841 Chestnut Building, Philadelphia, PA 19107, (215) 597-9075; FTS 597-9075. Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and

West Virginia. Tom Hansen, Acting Chief, Air Programs Branch, EPA Region IV, 345 Courtland St., NE., Atlanta, GA 30365, (404) 347-2864; FTS 257-2864. Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. Stephen H. Rothblatt, Chief, Regulation Development Branch, EPA Region V, 230 South Dearborn St., Chicago, IL 60604, (312) 353-2211; FTS 353-2211. Illinois and Indiana. Gary Gulezian, Chief, Air Toxics and Radiation Branch, EPA Region V, 230 South Dearborn St., Chicago, IL 60604, (312) 353-8559; FTS 353-8559. Michigan and Wisconsin. George Czerniak, Chief, Air Enforcement Branch, EPA Region V, 230 South Dearborn St., Chicago, IL 60604, (312) 353-2088; FTS 353-2088. Ohio and Minnesota. Page 2 56 FR 56694Gerald Fontenot, Chief, Air Programs

Branch, EPA Region VI, 1445 Ross Ave., Dallas, TX 75202-2733, (214) 655-7204; FTS 255-7204. Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. Gale Wright, Chief, Air Branch, Region VII, 726 Minnesota Ave., Kansas City, KS 66101, (913) 236-7020; FTS 276-7020. Iowa, Kansas, Missouri, and Nebraska. Douglas M. Skie, Chief, Air Programs Branch, EPA Region VIII, 999 18th St., Denver Place - Suite 500, Denver, CO 80202-2405, (303) 293-1750; FTS 330-1750. Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. David L. Calkins, Chief, Air Programs Branch, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105, (415) 744-1210; FTS 484-1210. Arizona, California, Guam, Hawaii, and Nevada. George Abel, Chief, Air & Radiation Branch, EPA Region X, 1200 Sixth Ave., Seattle, WA 98101, (206) 553-4166; FTS 399-4166. Alaska, Idaho, Oregon, and Washington.

FOR FURTHER INFORMATION CONTACT:

Ozone/CO Issues: Barry Gilbert or Valerie Broadwell, Ozone/CO Programs Branch, (919) 541-5238/3310; FTS 629-5238/3310.

Lead, SO 2 Issues: Laurie Ostrand, SO 2 /Particulate Matter Programs Branch, Page 3 56 FR 56694(919) 541-3277; FTS 629-3277.

Particulate Matter Issues: Larry Wallace, SO 2 /Particulate Matter Programs Branch, (919) 541-0906; FTS 629-0906.

Issues of a general nature: Hank Young, Regional Operations Branch, (919) 541-5543; FTS 629-5534. Air Quality Management Division (MD-15), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711.

TEXT: SUPPLEMENTARY INFORMATION:

TABLE OF CONTENTS I. Background A. Purpose. B. Preenactment status and Clean Air Act Amendments (CAAA) of 1990. C. CAAA and Subsequent EPA Actions. D. Chronology of EPA and State Actions.

1. CAAA of 1990. 2. Chronology of events.

3. Presentation of technical information. II. Summary of Today's Action

A. Ozone/CO.

1. Introduction.

2. Enactment. a. Designations/boundaries/classifications. i. Designations. Page 4 56 FR 56694ii. Boundaries.

iii. Classifications/other treatments (a) General. (b) Years of data. (c) Other treatment. (1) Submarginal. (2) Transitional. (3) Ozone incomplete data areas. (4) Ozone "not classified" areas. (5) Rural transport areas (ozone). 3. Enactment + 45 days: C/MSA boundary progress begins -- general requirements. 4. Enactment + 90 days: 5 percent classification adjustment. --

a. General.

b. EPA criteria.

c. EPA action. d. Reclassifications upward. 5. Enactment + 120 days: State submits list of all areas -- general. 6. Enactment + 180 days: EPA notifies States of intent to modify suggested designations for certain areas. 7. Enactment + 200 days: States respond to EPA's proposed modifications. 8. Enactment + 240 days. a. Ozone and CO areas designated nonattainment at date of enactment -- classified serious and higher. b. Ozone and CO areas designated nonattainment at date of enactment -- classified marginal or moderate. -- i. Designations.

ii. Boundaries.

iii. Classifications.

c. Other treatment. d. Areas designated entirely attainment/unclassifiable at enactment but now subject to redesignation to nonattainment. Page 5 56 FR 56694i. Serious and higher.

ii. Marginal/moderate.

iii. Other treatment. 9. Procedural requirements. a. Designations and boundaries. i. Notice-and-comment rulemaking.

ii. Judicial review.

b. Classifications.

i. Notice and comment.

ii. Judicial review.

B. PM-10. 1. Initial PM-10 designations. 2. Additional PM-10 designations. 3. Total suspended particulates (TSP). C. Sulfur Dioxide (SO[2]). 1. Initial SO[2] designations. 2. Additional SO[2] designations.

D. Lead 1. Background. 2. Today's action.

3. Additional actions.

4. Miscellaneous.

III. Tables IV. Other Regulatory Requirements

A. Executive Order 12291. B. Regulatory Flexibility Act. I. Background A. Purpose Page 6 56 FR 56694The purpose of this document is to announce and promulgate designations, classifications, and boundaries for areas

of the country with respect to the NAAQS for ozone, CO, particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10), and lead in accordance with the requirements of the Clean Air Act (CAA). B. Preenactment Status and Clean Air Act Amendments (CAAA) of 1990 The nation's first Federal efforts at controlling air pollution began in 1963 with passage of the CAA. Four amendments followed in 1967, 1970, 1977 and 1990. The 1967 Amendments directed the previous Department of Health, Education and Welfare to identify regional areas with common air [Illegible Text] Quality Control Regions (AQCR's)]. By 1970, 57 AQCR's were named. Later that year, 34 additional areas were announced. The 1970 Amendments authorized the Administrator of the newly created EPA to identify additional areas, but only at the States' initiative. As of January 1972, 247 AQCR's were listed. Section 107(d) of the 1977 Amendments gave the EPA the authority to designate areas nonattainment without a State's request. After EPA's initial designation of areas as attainment/unclassifiable or nonattainment in 1978, however, subsequent designations could be made only at a State's request. In that same year, EPA published, for the first time, a list of all section 107(d) nonattainment areas in 40 CFR part 81. C. CAAA and Subsequent EPA Actions This section summarizes the relevant provisions of the CAAA as applicable to ozone and CO areas. A discussion of the provisions applicable to PM-10, SO[2], and lead areas is found in sections II. B., C., and D. of this document. The CAAA of 1990 authorized EPA to designate areas nonattainment and to classify them according to degree of severity. Classification, in turn, triggers a set of control requirements designed to bring areas into attainment by their specified attainment dates. Under the CAAA of 1990, preenactment ozone and CO nonattainment areas were classified on the date of enactment according to the severity of their problem. States were required, by 120 days after enactment, to submit lists designating all areas of the State as attainment, unclassifiable, or nonattainment for ozone and CO. The EPA was required to promulgate these lists by 240 days after enactment, making revisions, including boundary modifications, as appropriate. Ozone or CO areas classified serious or higher are subject to a separate process for determining boundaries which places a strong presumption in favor of expanding boundaries to the Metropolitan Statistical Area (MSA) [or Consolidated Metropolitan Statistical Area (C/MSA)]. D. Chronology of EPA and State Actions

1. CAAA of 1990. The CAAA of 1990 reaffirm the major role of the States in developing and implementing State implementation plans (SIP's) to attain the NAAQS. On November 15, 1990, the day the CAAA were signed into law, EPA Administrator William K. Reilly sent a letter to State Governors alerting them to the significance of the Amendments. One month later, William G. Rosenberg, Assistant Administrator for Air and Radiation, followed up the November 15, 1990 letter with a second letter to State Governors. This letter notified Governors of those initial State actions or submittals required of States, particularly those actions needed within a very short time period. In January 1991, a third letter to States went out from each Regional Administrator providing more detailed information on determining designations, classifications, and boundaries; notification of SIP deficiencies; and information about other early State actions. Attached to the letter was a list of current and planned guidance materials that would be provided by EPA to support State activities. Page 7 56 FR 566942. Chronology of events. The first official actions the States took came 45 days after enactment of the CAAA

(December 30, 1990). Preenactment ozone and/or CO nonattainment areas classified under section 107(d)(4)(A)(iv) as serious, severe, or extreme would take as their nonattainment area boundaries the boundary of their respective C/MSA unless the State notified the Administrator, no later than 45 days after enactment, of its intent to study the boundaries further (the 45-day letter). In addition, under sections 161(a)(4) and 186(a)(3), EPA was authorized to reclassify an area upward or downward (a "bump down") if the design value of an area placed it within 5 percent of the next classification. The EPA requested that States seeking a bump down make the request within 45 days of enactment. (Section 181(b)(3) provides that EPA shall automatically grant the request of any State to reclassify an ozone nonattainment area to a higher classification.) The next major event occurred 90 days after enactment, February 13, 1991, when the EPA responded to States' bump down requests. On March 15, 1991 (120 days after enactment), States were required to submit to EPA a list of all their ozone and CO nonattainment areas, including boundary recommendations. States were urged to submit at the same time SO[2], PM-10, and lead nonattainment areas, including boundary recommendations. States were encouraged to provide at this time the additional boundary studies and recommendations for the serious, severe, and extreme ozone and CO areas covered by the 45-day letters. By May 14, 1991 (180 days after enactment), EPA Regional Administrators notified States of any potential modifications to the States' recommendations. States were encouraged in the 180-day letter to respond to EPA's proposal within 20 days (by June 3, 1991, which is 200 days after enactment) for ozone and CO areas, and within 60 or 120 days, depending on the type of modification, for lead. Many States did so. With respect to ozone and CO, today's action is final except for the following counties for ozone: Orange and Putnam (New York, New Jersey-Long Island CMSA); Muskegon (Muskegon, MI); Washington (Parkersburg-Marietta, OH) and Pasco (Tampa, FL); and the following counties for CO: Hancock, Brooke, and Jefferson (Steubenville); and Utah (Provo, UT). With respect to lead, PM-10, and SO[2], refer to the appropriate section below for a description of the specific action being taken.

3. Presentation of technical information. Copies of all of the above mentioned correspondence and other correspondence between the States, interested parties, and EPA regarding this process are available for review in the Air Docket No A-90-42 maintained in Rm. M-1500, 401 M St., SW., Washington, DC 20460 (first floor of the EPA Washington, DC, Waterside Mall Office). Identical information is also available for review at the EPA Regional Offices listed above in the addresses section of this rulemaking package. Detailed discussions concerning the basis for EPA's actions and decisions are excluded from this rulemaking and are included in a Technical Support Document (TSD). The TSD is also available in the Air Docket and respective Regional Offices. Where appropriate in this rule, the reader is directed to the TSD for additional information. II. Summary of Today's Action

A. Ozone/CO

1. Introduction. This section will describe EPA's interpretation of the designations/classifications/boundaries requirements applicable to ozone/CO areas; and it will describe EPA's actions in promulgating or announcing these decisions. This section is organized chronologically. The reader is invited to refer to the chronology of CAAA requirements and EPA/State administrative actions described above. The most important submissions by the States, and preliminary and final EPA actions, are summarized in tables included as part of this rule. Page 8 56 FR 566942. Enactment-- a. Designations/boundaries/classifications -- i. Designations. As described in this section, at the

date of enactment, all areas of the country were designated with respect to ozone and CO by operation of law in accordance with the preenactment designations. For areas that were designated nonattainment before enactment, EPA interprets the CAAA to maintain the preenactment designation for the area and to begin a process for determining the boundaries for the area. Section 107(d)(1)(C) provides that each ozone and CO area designated nonattainment, attainment, or unclassifiable immediately before the date of enactment of the CAAA "is designated, by operation of law," as a nonattainment, attainment, or unclassifiable area, respectively. - Section 107(d)(2)(A) requires EPA to publish a Federal Register notice with respect to this designation, but does not specify a time for doing so. Accordingly, this rulemaking serves the purpose of fulfilling this requirement to promulgate the date-of-enactment designations, coupled with the requirements discussed below, to promulgate the classifications and boundaries for these areas.

ii. Boundaries. As noted above, section 107(d)(1)(C) requires that each area designated again, by operation of law, in the same fashion. Because the specific boundaries of the areas are to be determined subsequently, as described below, EPA interprets the section 107(d)(1)(C) requirement as generally specifying that the appropriate areas be designated, but not necessarily as solidifying their preenactment boundaries. For example, as of the date of enactment, the Tampa, Florida, area became designated nonattainment, but the specific boundaries of that area were to be determined subsequently. Nevertheless, for certain purposes, each area designated by operation of law under section 107(d)(1)(C) retained its preenactment boundaries at the date of enactment. For example, locations within a metropolitan area that were designated nonattainment at enactment remained subject to the nonattainment new source review (NSR) requirements of the NSR programs EPA had previously approved for the nonattainment areas (under Part D of Title I of the Clean Air Act prior to the CAAA). The preenactment boundaries are identified in the version at 40 CFR part 81, Subpart C-Section 107 Attainment Status Designations (part 81 tables), preceding the enactment of the CAAA.

iii. Classifications/other treatments -- (a) General. - As described in this section, all areas (with certain exceptions) designated nonattainment by operation of law as of the date of enactment were classified as of the date of enactment in accordance with air quality. Section 181(a)(1) provides: Each area designated nonattainment for ozone pursuant to section 107(d) shall be classified at the time of such designation under table 1, by operation of law, as a Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or an Extreme Area based on the design value for the area. Section 186(a)(1) includes an identical provision for CO areas (except that the classifications are limited to moderate or serious). Based on these provisions, EPA has taken the position that classifications for areas designated nonattainment prior to enactment occurred at the same time that those areas were designated by operation of law as nonattainment under section 107(d)(1)(C)(i), which was the date of enactment. As discussed below, EPA has taken the position that, for metropolitan areas that included at least some locations designated nonattainment at enactment, such classification is not delayed until the time of the designations required to be promulgated 240 days after enactment under section 107(d)(4)(A)(ii). For ozone, classification is to be based on the following table of design values (section 181(a)(1), table 1): Area classification Design value (parts per million) Page 9 56 FR 56694Marginal 0.121 up to (but not including) 0.138 Moderate 0.138 up to (but not including) 0.160 Serious 0.160 up to (but not including) 0.180 Severe-15 0.180 up to (but not including) 0.190 Severe-17 0.190 up to (but not including) 0.280 Extreme 0.280 and above Severe-15 and -17 areas (EPA's nomenclature) face the same requirements but differ in their attainment dates (15 years for severe-15; 17 years for severe-17). Severe-17 applies to areas with a design value of .190 to .280 for ozone years 1986-1988. For CO, classification is to be based on the following table of design values (section 186(a)(1), table 3): Area classification Design value (ppm) Moderate-1 9.1-12.7 Moderate-2 12.8-16.4 Serious 16.5 and above EPA is distinguishing moderate-1 from moderate-2 (EPA's nomenclature) because of the significant additional regulatory requirements for those areas with a design value above 12.7 ppm. For both ozone and CO, the design value is to be calculated according to "the interpretation methodology issued by the Administrator most recently before the date of the enactment" of the CAAA. This methodology is contained for the most part in a memorandum from William Laxton, Director, Technical Support Division; the Office of Air Quality Planning and Standards, dated June 18, 1990 ("Laxton Memorandum"). This memorandum is contained in the TSD, item #1. Section 161(a)(3) requires the publication in the Federal Register of ozone classifications at the time of the publication of the notice under section 107(d)(4) (concerning designations). Section 186(a)(2) includes a comparable requirement for CO. This rulemaking fulfills those requirements. - A listing of the classifications as they stood at the date of enactment can be found in the pre-CAAA 40 CFR part 81 tables mentioned previously. (b) Years of data. The primary years the EPA used for purposes of designations and classifications pursuant to this notice were 1987-1989 (3-year period) for ozone and 1988-1989 (2-year period) for CO. In some cases, the EPA used complete 1988-1990 (ozone) or 1989-1990 (CO) data if they were quality assured and publicly available in the AIRS [Aerometric Information Retrieval System (EPA's National Air Quality Database)] by February 13, 1991, and the State requested the EPA to use it. For areas designated attainment prior to enactment, the EPA relied on 1990 data (if quality assured and in AIRS by February 13, 1991) to continue an attainment designation in cases where an area violated the standard during thePage 10 56 FR 56694primary ozone or CO years, but then revealed attainment once again using 1990 data.

There are several reasons why the EPA began with the data years 1987-1989 for ozone and 1988-1989 for CO. The CAA required the Administrator to make a determination for 5 percent classification downshifts no later than 90 days after enactment (February 13, 1991). No later than 180 days after enactment (May 15, 1991), the EPA was required to notify States of its intent to designate areas. Although some areas had 1990 data available as early as February 13, 1991 and EPA considered it, most areas did not. Thus, in order to meet the deadlines set forth in the Act the EPA was compelled for timing purposes to use 1987-1989 for ozone and 1988-1989 for CO as primary data years in determining designations and classifications pursuant to this notice. (c) Other treatment. Some nonattainment areas were not classified in accordance with the classification tables under section 181(a)(1) or 186(a)(1) because of specific statutory provisions or because their air quality values did not accord with the classification tables. -- (1) Submarginal. The EPA has determined to treat certain ozone nonattainment areas as "submarginal." This category includes areas that violated the ozone standard during 1987-1989 and that had a design value during the relevant period of less than .121 ppm. The submarginal category can occur when there is not a complete set of data so that the expected exceedance rate is higher than the NAAQS exceedance rate of 1.0 per year even though the estimated design value is less than the level of the standard. More discussion of EPA's data requirements is contained in the TSD, item #2. The SIP submittal requirements of section 182 (concerning ozone) do not apply to these areas. A detailed discussion of these requirements will appear in the Title I General Preamble in a Federal Register scheduled for January 1992 publication. (2) Transitional. Section 185A provides that an area designated nonattainment by operation of law under section 107(d)(1)(C)(i) (by virtue of its designation as nonattainment prior to enactment of the CAAA), which "has not violated the [NAAQS]" for ozone during the 1987-1989 period is to be treated as a transitional area. Section 185A further requires EPA to determine, by June 30, 1992, based on the transitional area's "design value as of the attainment date" whether the area attained the NAAQS by December 31, 1991. The EPA interprets this provision to require EPA to use its standard methods for determining attainment or nonattainment to ascertain whether an area is a transitional area and to determine whether the area attained the NAAQS by December 31, 1991. There must be sufficient data (75 percent completeness for each year) to determine that the area has not violated the standard. A brief discussion of these procedures is included in the TSD, item #3. (3) Ozone incomplete data areas. Certain ozone areas designated nonattainment prior to enactment do not have sufficient air quality monitoring data to determine whether they are or are not violating the NAAQS. Under these circumstances, the EPA does not believe sufficient data (75 percent completeness for each year) exist to warrant a classification for the area. The EPA terms these areas "Incomplete Data Areas." As a result, the SIP submittal requirements of section 182 (concerning ozone) do not apply to these areas. A detailed discussion of these requirements will appear in the Title I General Preamble in a Federal Register scheduled for January 1992 publication. (4) CO "not classified" areas. Certain CO areas are designated nonattainment by operation of law as of the date of enactment by virtue of their preenactment designation of nonattainment. These areas did not experience a violation of the 1988-1989 NAAQS. Where there was inadequate monitoring or insufficient data, EPA looked at historical trends to determine whether the area would have violated the NAAQS in 1988-1989. Where EPA concluded there would have been a violation, the area was classified appropriately. Where EPA believed there would not have been a violation, the area was "not classified." Page 11 56 FR 56694As a result, the SIP submittal requirements of section 187 (concerning CO) do not apply to these areas. A detailed

discussion of these requirements will appear in the Title I General Preamble in a Federal Register scheduled for January 1992 publication. (5) Rural transport areas (ozone). Section 182(h) sets out general criteria for determining whether an area qualifies as a rural transport area. The statute defines it as an area which is designated nonattainment and neither includes nor is adjacent to any part of a C/MSA. In such cases, the Administrator in his discretion may treat the area as a rural transport area based on a finding that the emissions within the area do not make a significant contribution to the ozone concentrations measured in the area or in other areas. For specific criteria in determining when an area is a rural transport area, refer to the procedures contained in technical document #EPA 450/4-91-015, "Criteria for Assessing the Role of Transported Ozone/Precursors in Ozone Nonattainment Areas." This section also provides that a rural transport area, regardless of its classification, is treated as meeting the applicable requirements of section 182 (generally relating to submissions required for ozone areas classified from marginal to extreme) if the area meets the submission requirements of a marginal area. The thrust of this provision is to allow a rural transport area, the design value of which would otherwise indicate a classification for the area of moderate or higher, to be treated as a marginal area.

3. Enactment + 45 days: C/MSA boundary process begins -- general requirements. Section 107(d)(4)(A)(iv) provides that areas designated nonattainment at the date of enactment, and classified as serious or higher, would, by operation of law 45 days after the classification, take as their boundaries the MSA or C/MSA, unless the State submitted a letter before that date indicating that it wished to study the boundary question further. Because areas designated nonattainment by operation of law at the date of enactment were also classified at that time, as described above, this 45-day period began from the date of enactment and ended on December 30, 1990. Areas for which no 45-day letter was submitted took as their boundary the larger of their preenactment boundaries or the C/MSA. These areas are identified in section 8a(1) of this document. Areas for which a 45-day letter was submitted are identified in the TSD, item #4, and copies of the letters are in Docket A-90-42. For these areas, the State was given the opportunity to submit to EPA a study describing why parts of the C/MSA should not be included in the nonattainment area. In letters from EPA to the relevant State air agency directors, EPA urged that the States submit their analyses by March 15, 1991, and requested that the study be completed by, at the latest, August 13, 1991. If EPA concurs in the finding, based on the State study, by 14 months after classification (January 15, 1992), the boundaries will be reduced accordingly. If EPA does not concur by that date, the boundaries will become the C/MSA by operation of law.

4. Enactment + 90 days: 5 percent classification adjustment -- a. General. Under sections 181(a)(4) and 186(a)(3), an ozone or CO nonattainment area may be reclassified to the next higher or lower classification if its design value places it within 5 percent of the next classification. For ozone, section 181(a)(4) provides that such reclassification must occur no later than 90 days after the initial classification, which is (1) 90 days after the date of enactment (by February 13, 1991) for areas designated nonattainment by operation of law under section 107(d)(1)(C) (by virtue of their designation as nonattainment preenactment); or (2) 90 days after the effective date of this rule for areas designated nonattainment for ozone for the first time pursuant to this rule (by virtue of their designation as attainment preenactment). For CO, section 186(a)(3) provides that such reclassification must occur no later than 90 days after enactment. The provisions grant the Administrator broad discretion in making, or determining not to make, the reclassification.

b. EPA criteria. Section 181(a)(4) provides general guidelines in determining whether an area qualifies for a classification adjustment: Page 12 56 FR 56694In 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. The EPA has developed more specific criteria (discussed below) to evaluate whether it is appropriate to reclassify a particular area. These criteria are primarily applicable to downshifts. The EPA approved downshifts when the area met the first requirement (a request by the State to EPA) and at least some of the other criteria (emissions, reductions, trends, etc.) and did not violate any of the criteria. Request by State: EPA did not exercise its authority to downclass (or upclass) areas on EPA's own initiative. Rather, EPA requested that the State submit a request for a downshift. Discontinuity: A 5-percent downshift 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 downshift 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.

Emissions reduction: 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.

Trends: Near- and long-term trends in emissions and air quality should support a downshift. Historical air quality data should indicate substantial air quality improvement. Growth projections and emission trends should support a downshift. Vehicle miles traveled (VMT) and other indicators of emissions should not be increasing at higher than normal rates. Years of data: For ozone, the 1987-1989 period is central to determining classification. Years of data after 1989 may be employed to corroborate the validity of a downshift. However, later years of data should not be the sole foundation for downshifts. Only one downshift is allowed, meaning, if downclassed, an area cannot present data from other years as justification for a second downclass. Under no circumstances can the use of 1990 air quality data be used to redesignate an area from nonattainment to attainment. For redesignation to attainment, the area must meet all of the requirements of section 107(d)(3) (including a maintenance plan).

c. EPA action. Areas requesting a downshift per section 181(a)(4) and EPA's response to those requests are contained in the TSD, item #5.

d. Reclassifications upward. Section 181(b)(3) provides that EPA shall automatically grant the request of any State to reclassify an ozone nonattainment area to a higher classification. This requirement requires EPA to "publish a notice in the Federal Register of any such request and of any action by the Administrator in granting such request." On December 27, 1990, EPA received a request from the State of Maine to reclassify Lincoln County upward from marginal to moderate. By this notice, EPA is granting that request. On December 28, 1990, EPA received a request from the State of California to reclassify Ventura County from serious to severe. Ventura County is part of the Los Angeles C/MSA, which is classified as extreme, and California has requested (pursuant to the 45-day/14-month process described above) that Ventura County be treated as a separate nonattainment area. California's request to reclassify Ventura County to severe is based on an assumption that Ventura Page 13 56 FR 56694County would be treated as a separate nonattainment area. As discussed below, EPA is, by this notice, approving

California's request to treat Ventura County as a separate area classified as severe. Section 182(b)(3) does not by its terms place time limits on the opportunity of a State to request a voluntary reclassification upward. Accordingly, States may continue to submit such requests. However, such reclassification will not delay the SIP/submittal dates otherwise applicable under subpart 2 of Title I of the CAAA. [Illegible Words] submits list of all areas -- general. Section 107(d)(4)(A)(i) requires States to submit a list designating, redesignating, or affirming the designation of all areas of the State as nonattainment, attainment, or unclassifiable for ozone and CO by 120 days after enactment. Virtually all the States met this requirement on a timely basis. Copies of the States' 120-day letters are included in Air Docket A-90-42. For areas designated nonattainment at the date of enactment of the CAAA, and classified as marginal or moderate, this list must include the boundaries of the areas. For areas designated nonattainment at the date of enactment of the CAAA, and classified serious or above, and for which the Governor submitted a 45-day letter, EPA encouraged the States to submit their supporting analyses as soon as possible, and EPA stated that if possible, EPA would make a determination by this notice instead of by January 15, 1992 (the statutorily prescribed deadline). Several States did submit their boundary analyses sufficiently early to allow EPA to take action in this document. The actions EPA is taking on the boundaries for these States are discussed later in this document and in more detail in the TSD. For areas designated attainment or unclassifiable at the date of enactment, States were required to redesignate these areas to nonattainment if their current air quality revealed nonattainment. These areas are identified in Part III. The applicability to these areas of the opportunity for the 5 percent reclassification and, in the case of areas classified serious or higher, the C/MSA boundaries procedure, is described below. Although for these areas this procedure for reclassification and boundary determinations may take place after the classification, which is occurring by this notice, EPA requested in letters sent to the States in January that any affected States submit with their 120-day (March 15) submittals any analyses supporting a reclassification or boundary revision, and EPA would consider taking final action on these issues with today's notice.

6. Enactment + 180 days: EPA notifies States of intent to modify suggested designations for certain areas. Section 107(d)(4)(A)(ii) and (1)(B)(ii) provides that EPA may modify the designations, classifications, and boundaries submitted by the State at 120 days, but that if EPA intends to do so, it must notify the State of EPA's proposed modifications at least 60 days prior to EPA promulgation. [Illegible Words] 1991 (at least 60 days before the promulgations and announcements set forth in this document), EPA proposed modifications to various State submissions. These modifications are summarized later in this document and/or in more detail in the TSD.

7. Enactment + 200 days: States respond to EPA's proposed modifications. Consistent with section 107(d)(4)(A)(ii) and (1)(B)(ii), EPA provided the affected States with an opportunity to demonstrate why any of EPA's proposed modifications were inappropriate. The EPA requested that the affected States submit such demonstrations by June 3, 1991, so that EPA could meet the statutory deadline for promulgation of final designations, classifications, and boundaries. The States' responses are included in Air Docket A-90-42.

8. Enactment + 240 days. This section describes the actions EPA is taking with this notice. Under section 107(d)(4)(B)(ii), EPA is required to promulgate the new, affirmed, and reaffirmed designations, including boundaries, for areas designated nonattainment, attainment, or unclassifiable with respect to ozone and CO. Page 14 56 FR 56694The EPA is taking that action with this notice. This section discusses those actions in several separate parts:

(1) Areas designated nonattainment at date of enactment -- classified serious and higher. (2) Areas designated nonattainment at date of enactment -- ozone areas classified marginal or moderate and CO areas classified moderate. (3) Other areas designated nonattainment at the date of enactment -- treated separately from the classified areas. (4) Areas designated entirely attainment/unclassifiable at enactment, but now redesignated to nonattainment. (5) Areas designated attainment/unclassifiable at enactment and that now retain that designation.

a. Ozone and CO areas designated nonattainment at date of enactment-classified serious and higher. With respect to areas designated nonattainment for ozone or CO at enactment and classified serious or higher, and for which the Governor did not submit a 45-day letter, the area took as its boundaries, 45 days after enactment, the larger of their preenactment boundaries or the C/MSA boundary. Today's notice affirms those boundaries. Any areas not included in the boundaries of these nonattainment areas pre-enactment, but now included within the nonattainment boundaries by virtue of the expansion of the [Illegible Words] MSA, are generally treated as having been designated and classified on the date of enactment, as described below. With respect to areas designated nonattainment for ozone or CO at enactment, classified serious or higher, for which the Governor submitted a 45-day letter (thereby beginning the C/MSA boundary-determination process) and has submitted the relevant boundary data, this notice promulgates these boundaries. (1) EPA Actions: Following are the serious and higher classified areas for which the entire C/MSA was already designated at enactment by operation of law (because the preenactment boundaries of the nonattainment area included the C/MSA), or the remaining attainment areas were added by the State. (See Air Docket No. A-90-42 for official designation correspondence between the States and EPA on each area.) In addition, for two areas, the Washington, DC, MSA and Philadelphia CMSA, the entire C/MSA is designated due to absence of a 45-day letter from the State requesting more time to evaluate boundaries (Stafford Co., VA, became part of the Washington, DC, nonattainment area and Cecil Co., MD, became part of the Philadelphia nonattainment area). San Diego, CA San Joaquin Valley, CA Philadelphia, PA-NJ-MD-DE Washington, DC-MD-VA Baton Rouge, LA Boston, MA Greater Connecticut (New London portion) New York City (New Jersey portion) Springfield, MA Beaumont, TX Page 15 56 FR 56694El Paso, TX

Houston, TX Milwaukee, WI Sheboygan, WI The San Joaquin Valley, CA, area includes the MSAs of Bakersfield, Fresno, Visalia-Tulare-Porterville, Modesto, Merced, and Stockton, and the counties of Kings and Madera. The Greater Connecticut nonattainment area consists of the Hartford-New Britain-Middletown CMSA, the Waterbury, CT, MSA, the New London-Norwich, CT-RI, MSA, and the New Haven-Meriden, CT, MSA, including some of the previous planning areas in the State. By this notice EPA is promulgating the boundaries of the following seven areas as smaller than the C/MSA. For these areas, the portions of the C/MSA not included in the nonattainment area become either (1) separate nonattainment areas with a lower classification, or (2) adjoined to another, contiguous nonattainment area with the same or lower classification. The States and EPA are in agreement with respect to these actions. Under section 107(d)(4)(A)(v), EPA may promulgate boundaries smaller than the C/MSA if it concurs with a State finding that sources in the excluded portion "do not contribute significantly" to the violation of the NAAQS. This provision identifies several factors that may be considered. In general, EPA supports its decision to concur with the State's finding with respect to these areas on the basis of a facts-and-circumstances test that focused on whether sources in the area at issue contributed significantly to NAAQS violations in the C/MSA. The EPA did not develop bright-line criteria, but instead, examined such factors as the amount of emissions from within the area at issue and its percentage contribution to the C/MSA (or surrogates for emissions data, such as population) and if available, the results of modeling studies. Baltimore, MD -- Kent and Queen Annes Counties become a separate marginal nonattainment area. Los Angeles, CA -- Ventura County becomes a separate severe-15 area. Southeast desert modified (AQMA) becomes a separate severe-17 area. Portsmouth, NH-ME -- The Maine portions of Portsmouth become part of the Portland, Maine, nonattainment area. Chicago, IL -- Kenosha County becomes part of the Milwaukee-Racine nonattainment area. New London-Norwich MSA (Rhode Island portion) -- Westerly and Hopkington become part of the Providence nonattainment area. New York City (Connecticut portion) -- Ansonia City, Beacon Falls Town, Derby City, Milford City, Oxford Town, Seymour Town and Shelton City become part of the Greater Connecticut nonattainment area. Boston, MA -- All Massachusetts towns which were previously part of the Providence CMSA become part of the Boston nonattainment area. In addition, EPA believes that it may concur in reassignment of a portion of the C/MSA to another nonattainment area when that reassignment results in the same, or essentially the same, classification -- under thede minimis authority ofAlabama Power Co. v. Costle, 636 F.2d 323, 360-61, 404-05 (DC Cir. 1980). This case held that EPA may exempt de minimis situations from a statutory requirement when the burden of regulation would yield little or no value. In these cases, EPA believes that applying the "contributes significantly" test to these areas would yield no gain in air quality since control requirements remain the same despite the reassignment, and thus neither area's prospects for reaching attainment and maintenance is jeopardized. Applyingde minimis authority to these cases remains consistent Page 16 56 FR 56694with the underlying purpose of the nonattainment provisions, which is to assure attainment and maintenance of the

NAAQS. (See the TSD, item #6, for technical documentation supporting these determinations.) In addition, by this notice EPA is promulgating the boundaries of the following five areas as smaller than the C/MSA. For these areas, the removed portions of the C/MSAs remained attainment. (See the TSD, item #7, for technical documentation supporting these determinations.) Following is a listing of the C/MSAs and the counties which remain attainment. The States and EPA are in agreement with respect to these actions.

Ozone Atlanta, GA -- Butts, Barrow, Newton, Spaulding and Walton Counties remain attainment. Los Angeles, CA -- The southeast desert portion (eastern Riverside County and northern and eastern San Bernardino County) of the LA CMSA remains attainment. Sacramento, CA -- The Lake Tahoe Air Basin portions of El Dorado and Placer Counties remain attainment. Chicago, IL -- Portions of Kendall and Grundy Counties remain attainment.

CO Los Angeles, CA -- All of Ventura County and the southeast desert portions of Los Angeles, Riverside, and San Bernardino Counties remain attainment. For the following serious areas, States requested in a letter (45-day letter) more time to evaluate their boundaries per section 107(d)(4)(A)(iv). The Administrator has not yet made a finding on these two areas. Muskegon, MI. New York City (Orange and Putnam Counties, NY). In a May 14, 1991 letter to these States, EPA requested that all documentation pertaining to any proposed boundary changes be submitted as soon as possible, but no later than August 12, 1991. New York State followed with a letter on June 4, 1991, requesting more time to evaluate the boundaries of Orange and Putnam Counties and informed EPA that the appropriate documentation would be submitted no later than the August 12, 1991 deadline. The State of Michigan confirmed its intent to continue studying its Muskegon boundary issue in a June 18, 1991 letter to EPA. On January 15, 1992, nonattainment boundaries will become the entire C/MSA for both the New York and Michigan areas discussed above unless the Administrator has concurred with the Governors' finding that a smaller boundary is more appropriate. The EPA is awaiting the State's studies. The final determinations will be promulgated in a separate Federal Register notice.

b. Ozone and CO areas designated nonattainment at date of enactment -- classified marginal or moderate -- i. Designations. For areas designated nonattainment for ozone or CO by operation of law under section 107(d)(1)(C) at the date of enactment, EPA, with today's action, reaffirms that designation. Section 107(d)(4)(A)(iii) precludes redesignating an area to attainment under this 240-day process.

ii. Boundaries. At a minimum, the nonattainment boundaries should include those areas designated nonattainment prior to enactment. For purposes of determining sources subject to new source review, this preenactment boundary Page 17 56 FR 56694applies. Where it may be appropriate to expand the nonattainment boundary beyond the existing boundary, States

should treat these additional areas as subject to the appropriate other CAA requirements. - Section 107(d)(4)(A)(i)-(ii) authorizes EPA to promulgate a designation of "nonattainment" for an area. Section 107(d)(1)(A)(i) defines a nonattainment" area as -- any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the [NAAQS]. This provision bases the determination of whether an area is nonattainment on air quality considerations -- if the air quality of an area violates the NAAQS, or if sources in that area contribute to NAAQS violations in a nearby area, the area must be designated nonattainment. However, the provision does not by its terms specify criteria for determining the extent to which source contributions mandate designation as nonattainment. Accordingly, the statute grants EPA discretion in making this determination. Section 107(d)(1)(A) and (B)(i) and (ii) and 107(d)(4)(A)(i) and (ii) requires the State to submit a list of all areas in the State, with its designations, and modifications as the Administrator deems necessary to the designations of the areas (or portions thereof) * * * (including to the boundaries of such areas or portions thereof)." These statutory provisions provide guidance for the determination of whether an area is to be designated nonattainment. They do not, however, provide explicit criteria for determining the specific boundaries of the nonattainment area. They do not specifically address the issue of whether a geographic area designated nonattainment must be one nonattainment area, or whether the State or EPA may divide that area into two or more nonattainment areas. Accordingly, the statute grants EPA discretion in making this determination. The EPA will grant a strong presumption in favor of the designations and boundaries put forth by the States. The EPA believes that this is an acceptable approach since by definition, the nonattainment areas classified as marginal and moderate have less severe ozone or CO problems and are likely to reach attainment through Federal measures which generally apply independent of boundaries. Accordingly, EPA has determined in most cases to accept the State-proffered designations and boundaries. In general, EPA is not discussing in this document or in the TSD, designations, boundaries, and/or classifications issues where EPA is in agreement with the State's request. However, where EPA is disagreeing with a State's proposed action, a detailed discussion of the issue, including EPA's reasons, follows. The EPA, in several instances, is still studying whether to expand ozone nonattainment areas within a C/MSA to include additional counties in that C/MSA when those counties may be of such great population or such a large percentage of the C/MSA's population that sources in those counties may be contributing to the nonattainment problem in the C/MSA. These counties are: Pasco County, in the Tampa, Florida, MSA; Washington County in the Parkersburg-Marietta, Ohio, MSA. For these areas, as noted in the accompanying tables of this document, the listed designation does not reflect EPA action under section 107(d)(4)(A). At the date of enactment of the CAAA, these two counties were designated attainment, by operation of law, under section 107(d)(1)(C). The State and EPA are reviewing whether to confirm or reverse their present designation under the process set out under section 107(d)(4)(A) and will publish a separate notice to that effect. [Illegible Words] across the nation, counties that may generally be considered to be rural due to relatively small populations and a relatively low degree of urbanization have contained a monitor that has recorded an ozone NAAQS violation. In some of these instances, the States, in the 120-day submissions of the lists of areas, elected not to designate these areas as nonattainment. In these cases, EPA informed the State in EPA's 180-day letter that such counties (or subcounties) must be designated as nonattainment on the grounds that section 107(d)(1)(A)(i) defines a nonattainment area as, among other things, "any area that does not meet . . . the [NAAQS]." Some States did not wish to designate the entire county. In these cases, EPA generally agreed to designate only a Page 18 56 FR 56694portion of the county nonattainment. To determine the boundaries of these nonattainment areas, or the extent to which

neighboring nonattainment areas should be expanded to include all or part of these counties, EPA has determined to apply the following criteria. Presumptively, the nonattainment area should include the entire county. If the county does not adjoin any nonattainment area, the presumption in favor of an entire county is stronger. The boundaries may be reduced to less than an entire county if it is possible to delineate the boundaries of the area involving the NAAQS violation, and if it can be shown that certain other areas within the county likely do not contribute to the NAAQS violation. In particular, if a county adjoins a nonattainment area, the presumption in favor of designating the entire county nonattainment may be rebutted, and EPA will designate boundaries narrower than the entire county, in accordance with the following criteria. The portion of the county designated nonattainment must be contiguous with the adjoining nonattainment area, include the area surrounding the monitor, and include all adjoining areas with populations of sufficient density such that these areas are likely to contribute to the NAAQS violation. Further explanation of these criteria and of their application to individual cases is included in the TSD, item #8. Based on these criteria, EPA is today promulgating the following nonattainment areas:

Ozone

North Carolina On May 13, 1991, EPA Region IV wrote to Governor Martin (180-day [Illegible Words] Davie County (Greensboro MSA) and Granville County (Raleigh-Durham MSA) be designated nonattainment for ozone based on available monitoring data. Based on population and emission data provided by the State of North Carolina, EPA believes that emissions originating in the counties of Davie and Granville do not merit inclusion of each entire county as nonattainment. However, since these counties have monitored violations of the NAAQS, at least a portion of the county must be designated nonattainment. The EPA is therefore designating areas smaller than the counties as nonattainment for Davie and Granville Counties. The boundaries chosen for each of the areas include the monitor and an area that includes the more urbanized portions of the county that is contiguous with the rest of the nonattainment area (the Greensboro-High Point-Winston-Salem MSA for Davie County; and the Raleigh-Durham MSA for Granville County). The rationale for this action is that this boundary includes the area in which the air quality is nonattainment and in which sources likely to contribute to the nonattainment problem are located.

South Carolina The Cowpens monitor in the northwest corner of Cherokee County (non-MSA) measured violations of the NAAQS during the 1987-1989 period and therefore must be designated nonattainment. Since there is uncertainty at this time as to the origin of the source of the emissions causing the violations in Cherokee County, and EPA believes that there is no basis for designating the nonattainment area as less than a county, the entire county is being designated nonattainment. (Cherokee County is contiguous to the Charlotte MSA to the northeast and the Greenville-Spartanburg MSA to the southwest.) Kentucky The EPA is today designating portions of the following five counties in the Commonwealth of Kentucky for the same reasons as the North Carolina counties discussed above: Livingston County (Paducah, non-MSA); Greenup County (Huntington-Ashland MSA); Oldham County (Louisville MSA); Bullitt County (Louisville MSA); and Page 19 56 FR 56694Hancock County (Owensboro MSA).

Since there is uncertainty at this time as to the origin of the source of the emissions causing the violations in a sixth county -- Edmonson County (Bowling Green non-MSA) -- the entire county is designated nonattainment and classified as a rural transport area. (See the TSD, item #9, for documentation supporting a rural transport classification.) Virginia Virginia proposed that Charles City County (Richmond MSA) and the City of Suffolk (Norfolk MSA) remain attainment. By today's notice, EPA is designating both of these counties as nonattainment because of monitored violations within them.

CO New Jersey The State of New Jersey stated in a letter dated June 28, 1991, that, while it is willing to accept EPA's nonattainment boundaries for CO, it requests that these nonattainment areas be classified as "low moderate" (12.7 ppm and below). The EPA believes that the nonattainment area is comprised of the contiguous jurisdictions of New York City, Nassau and Westchester Counties in New York, and Bergen, Hudson, Essex and Union Counties and the cities of Passaic, Clifton and Paterson in New Jersey. The highest CO concentrations measured within this area are in Manhattan, in the center of the metropolitan area. The measured concentration places the area in the "high moderate" category. Since vehicles commute throughout the entire area and a certain proportion have Manhattan as their destination, these vehicles have the potential to contribute to the maximum measured levels. The New Jersey counties in the area rank among the State leaders in such categories as vehicle miles traveled and population density per square mile. These New Jersey counties are not distinguishable from the New York counties surrounding Manhattan. Therefore, based on this rationale and the measured concentrations in Manhattan (13.5 ppm), the northern New Jersey portion of the New York-New Jersey-Long Island CMSA nonattainment area retains the same classification (high moderate) as the CMSA, which includes northern New Jersey.

Tennessee On March 12, 1991, Governor McWherter and Commissioner Luna submitted the recommendation that the City of Memphis be designated as a moderate nonattainment area for CO. The City of Memphis was designated nonattainment for CO prior to enactment of the CAAA. On May 13, 1991, in a letter to Governor McWherter, EPA recommended that the CO nonattainment area be expanded from the City of Memphis to all of Shelby County. This designation is based on contribution to the mobile source CO emissions in the portion of Shelby County outside of the City of Memphis, and on the practical problems of attempting to administer a partial-county rather than countywide automobile inspection and maintenance (I/M) program. The mobile source contribution from vehicles in the portion of Shelby County outside of the City of Memphis is 132 tons per day, or 26 percent of the total CO emissions from mobile sources in Shelby County. Currently, the I'M program is required only for the City of Memphis. Since automobile registration is done on a countywide basis without regard to whether or not the vehicle is located within the City of Memphis, it is difficult if not impossible to verify whether the appropriate vehicles are actually subject to the I/M program. The expansion of the nonattainment area to the entire county will give the State a basis for expanding coverage of the I/M program. On May 31, 1991, Commissioner Luna wrote a letter to EPA Regional Administrator Greer Tidwell disagreeing Page 20 56 FR 56694with the Region's proposed boundaries for the ozone nonattainment areas in Tennessee. In that letter, there was no

comment on EPA's proposal to expand the Memphis CO nonattainment area.

Utah The EPA is still studying whether to expand the Provo CO nonattainment area. As noted in the accompanying tables of this document, the listed designation does not reflect EPA action under section 107(d)(4)(A). At the date of enactment of the CAAA, that portion of Utah County outside the city limits of Provo was designated attainment by operation of law under section 107(d)(1)(C). The State of Utah and EPA are reviewing whether to confirm or reverse their present designation under the process set out under section 107(d)(4)(A) and will publish a separate notice to that effect.

iii. Classifications. Areas designated nonattainment by operation of law at the date of enactment were classified at that time, and by today's notice, EPA is announcing the classifications as required under sections 107(d)(4)(A)(ii), 107(d)(2), 181(a)(3), and 186(a)(2). Areas designated nonattainment at the date of enactment are not being classified anew by today's notice; rather, that classification occurred at the date of enactment, and EPA today is merely announcing and codifying in the CFR the classifications that occurred for these areas at enactment.- The EPA bases this approach primarily on the provisions of section 181(a)(1) and section 186(a)(1), each of which provides (in relevant part, using identical terms): "Each area designated nonattainment . . . pursuant to section 107(d) shall be classified at the time of such designation." Section 107(d)(1)(C)(i) provides that each ozone and CO preenactment nonattainment area is "designated, by operation of law, as a nonattainment area." This designation occurred at the date of enactment.- The fact that classification occurred at the date of enactment means that the clock began ticking on the date of enactment for certain events triggered by the classification, specifically, the 90-day opportunity for 5 percent reclassification, and the 45-day period for States to submit requests to study the boundaries of areas classified serious and higher. For CO nonattainment areas, section 186(a)(3) provides that the 5 percent reclassification must occur "within 90 days after the date of the enactment," thereby confirming that classification for CO under section 186(a)(1) occurred on the date of enactment. Because the relevant provisions of section 181(a)(1) for ozone are identical to the section 186(a)(1) CO provisions, section 186(a)(3) implies that classification for ozone also occurred on the date of enactment, at least for areas containing locations designated nonattainment at enactment. The House Committee Report confirms this view by stating that the 5 percent reclassification adjustment for ozone may occur "within 90 days of enactment" [H.R. No. 101-490, 101st Cong., 2d Sess. 231-32 (1990)].- Areas classified at the date of enactment are not reclassified again by virtue of the fact that today's notice reaffirms the designation of those areas and includes certain nearby locations within the boundaries of those areas. The EPA takes the position that because they are not again classified, they are not again given the opportunity to make a 5 percent reclassification, or, in the case of areas classified serious or higher, to initiate new efforts to adjust the boundaries to smaller than the C/MSA. Interpreting the CAA to allow such opportunities would be inconsistent with congressional intent to expedite the preliminary questions of designations, classifications, and boundaries in order to assure that the heart of the program--the pollution controls themselves--are in place as quickly as possible [see H.R. No. 101-490, 101st Cong., 2d Sess., 232 (1990) (stating that a period of only 90 days is provided for the 5 percent reclassification "to assure that State and EPA resources are devoted to efforts to attain the standard, and not to changes in the classification of areas")]. Although in some cases the boundaries for an area remained undetermined until today's notice (i.e., areas containing at least some portion which was attainment at enactment), all areas ultimately determined to be within those boundaries and promulgated in this document are considered to be part of the nonattainment area designated and classified at the date of enactment. As a result, with respect to any neighboring area that is ultimately included in the nonattainment area, no new classification has occurred with today's notice, and there is no opportunity for a 5 percent Page 21 56 FR 56694reclassification or a 45-day C/MSA process.

The following are specific actions EPA is taking with respect to classifications.

Arizona In a May 15, 1991 letter, Governor Symington of the State of Arizona recommended an ozone classification of transitional for Maricopa County (Phoenix area) pending verification of ozone data for calendar year 1990 and additional studies to be conducted during 1991 to determine the appropriate design value. Additional quality-assured monitoring data for 1990 from two monitoring sites in Maricopa County (Papago Park and Vehicle Emissions Lab) made available since receipt of the Governor's original recommendation indicate that a classification of moderate is more appropriate for the Phoenix area. Based on this additional, quality-assured data, EPA is classifying Phoenix as a moderate area for ozone.

Ohio On March 15, 1991, the State of Ohio recommended that Mahoning and Trumbull Counties be redesignated from nonattainment to attainment. The EPA previously disapproved a redesignation request for this area on July 10, 1990 (see55 FR 28199). Mahoning and Trumbull Counties will remain nonattainment because section 107(a)(4)(A)(iii) does not permit redesignations to attainment as part of this general review of designations and classifications. Mahoning and Trumbull Counties are being classified as a marginal ozone nonattainment area along with Mercer County, Pennsylvania. There are two ozone monitors located in this area. One is located in Youngstown (Mahoning County, Ohio). This monitor is located in the urban area of Youngstown and may not represent the worst-case ozone concentration in the area. This is due to the suppression of ozone formation by NOx in the urban area. The monitor in Youngstown has not recorded a violation of the ozone NAAQS based on 1987 through 1989 monitoring data. The second monitor is located downwind in Farrell, Pennsylvania (Mercer County, Pennsylvania). This monitor has recorded a violation of the ozone NAAQS based on 1987 through 1989 air quality data (2.1 average expected exceedances per year). A violation of the NAAQS occurs when the average expected exceedances per year is greater than 1.0. The monitoring site in Farrell, Pennsylvania, is approximately 1 to 2 miles to the east of Trumbull County, Ohio. The EPA has determined that the monitoring site in Farrell, Pennsylvania, may have been adversely impacted by emissions from Mahoning and Trumbull Counties (see55 FR 28199, July 10, 1990). This is based on the prevailing warm weather (ozone conductive) winds in the upper midwest. Since the winds typically blow from the quadrant bounded by the directions south and west, the Farrell site is expected to be downwind on these days. Based on this information Mahoning and Trumbull Counties, Ohio, are being classified, along with Mercer County, Pennsylvania, as a marginal ozone nonattainment area with a design value of .134 ppm. Pennsylvania In a March 18, 1991 letter, Pennsylvania proposed that Lawrence County be designated "cannot be classified or better than primary standards" for ozone. To support its recommendation, the State pointed out that ozone NAAQS attainment has been monitored at a location in that county. Per section 107(d)(1)(C)(i), an area designated nonattainment preenactment of the CAAA of 1990 must be nonattainment postenactment. In the same letter, Pennsylvania proposed that Allegheny County be designated "cannot be classified or better than primary standards" for carbon monoxide. The State bases its recommendation on the fact that the county is monitoring attainment. Again, as Allegheny County was designated nonattainment prior to passage of the CAAA, the area remains nonattainment by operation of law until a carbon monoxide NAAQS maintenance plan is developed and approved by EPA. In the tables section of the 107 classification/designation notice EPA recognizes the fact that Allegheny County is not violating the NAAQS, i.e., that it is monitoring attainment.

c. Other treatment. With today's notice, EPA is also promulgating the affirmed or reaffirmed designations (and Page 22 56 FR 56694new, affirmed, or reaffirmed boundaries) of nonattainment areas to be treated as transitional (ozone), submarginal

(ozone), incomplete data (ozone), not classified (CO), and rural transport areas (ozone); and codifying its conclusion that those areas should be accorded that treatment. These areas are listed in the TSD, item #10.

d. Areas designated entirely attainment/unclassifiable of enactment but now subject to redesignation to nonattainment--i. Serious and higher. Ohio and West Virginia As noted in the accompanying tables of this document, the listed designation for the Steubenville, OH-WV nonattainment area does not reflect EPA action under section 107(d)(4)(A). At the date of enactment of the CAAA, the three counties which make up the Steubenville MSA--Jefferson County, Ohio; Brooke County, West Virginia; and Hancock County, West Virginia --were designated attainment, by operation of law, under section 107(d)(1)(C). The States and EPA are reviewing whether to confirm or reverse this present designation under the process set out under section 107(d)(4)(A). The EPA will publish a separate notice to that effect.

ii. Marginal/moderate. With today's notice, EPA is promulgating the designations, classifications, and boundaries for three areas, Smyth County, Virginia; Essex County, New York; and Jefferson County, New York. These areas were designated entirely attainment as of the date of enactment; however, current air quality necessitates a designation of nonattainment under section 107(d)(4)(A)(i)-(ii). For new ozone nonattainment areas, because they are classified as of the effective date of today's notice, any reclassification based on the 5 percent provision of section 181(a)(3) must occur within 90 days of that effective date. The criteria for making the 5 percent reclassification will be the same as discussed above. Smyth and Essex Counties are rural transport areas. Therefore, a 5 percent downshift is not applicable to either

area. On March 21, 1991, the Governor of New York requested a 5 percent downshift for Jefferson County since its design value of .143 ppm fell within 5 percent of the marginal classification. Today's notice approves this request and reclassifies Jefferson County as a marginal nonattainment area per section 181(a)(4). Essex County, New York New York State requested in its March 21, 1991 letter that Essex County (non-MSA) be designated attainment. The State based this request on the fact that the monitoring station on which the designation is based is part of an atmospheric research station on the top of Whiteface Mountain, and on the belief that the measurements taken at this station do not reflect general air quality in the region. New York State further commented in a June 4, 1991 letter that the exceedances all occurred at night when the public could not be exposed. New York noted that the time of the exceedances indicate that long-range transport of ozone is the cause of the violations. It is EPA's position that the violations of the ozone NAAQS recorded on Whiteface Mountain are based on valid measurements and the State does not dispute this. However, the fact that the ozone violations do not originate in Essex County is not sufficient basis for designating the area attainment. Furthermore, the area where the violations are observed is accessible to the public. The Whiteface Mountain area is part of the Lake Placid recreational area, Adirondack Park, a year-round resort location. Since the State's June 4, 1991 letter, additional exceedances of the ozone standard, including some day-time readings, have been recorded at this location. The EPA does agree that long range transport appears to be a substantial contributor to the NAAQS violations on Whiteface Mountain. Given violations have occurred only at a higher elevation while attainment is measured at the base of Whiteface Mountain, EPA has determined that a smaller boundary, as defined by those areas on Whiteface Mountain above an elevation of 4,500 feet, is more appropriate and a classification of rural transport accurately characterizes Whiteface Mountain (as proposed in an October 4, 1991 letter from New York State to EPA). Page 23 56 FR 56694The EPA accepts this boundary to define the nonattainment area on Whiteface Mountain, allowing the rest of Essex

County to remain attainment. The EPA believes this boundary adequately includes the monitor, located at an elevation of 4,867 feet, and a reasonable surrounding area. By selecting 4,500 feet as the boundary marking the nonattainment area of Whiteface Mountain, EPA also believes that the air quality in the Adirondack Park area, an area frequented by the public, will benefit by designating this portion of Essex County as nonattainment. The EPA also agrees with the State that a rural transport status more accurately reflects the ozone nonattainment problem in Essex County at Whiteface Mountain. Documentation supporting a classification of rural transport is contained in the TSD, item #11. Smyth County, Virginia In a March 15, 1991 letter to EPA, Governor Wilder of the Commonwealth of Virginia proposed that Smyth County (non-MSA) remain attainment for ozone. On May 14, 1991, the EPA opposed this request and notified the Governor of Virginia that, while acknowledging strong evidence of long-range ozone transport, at least a portion of Smyth County must be designated nonattainment. In a June 3, 1991 letter to EPA Region III, the State of Virginia recommended designating the area in Smyth County above 4,500 feet as nonattainment and continued to request a classification of rural transport. The EPA recognizes the monitored violations by designating the area in Smyth County above 4,500 feet elevation as nonattainment, as recommended by the State of Virginia in their June 3, 1991 letter to EPA. The EPA accepts this elevation as a boundary to define the nonattainment area as EPA believes it adequately includes the monitor, located at 5,520 feet, and a reasonable area surrounding it. Selecting 4,500 feet as the boundary marking the nonattainment area of Smyth County also ensures that the Appalachian Trail, an area frequented by the public, is included in the nonattainment area. The EPA agrees with the State that a rural transport status more accurately reflects the ozone nonattainment problem in Smyth County. Documentation supporting Smyth County as a rural transport area is contained in the TSD, item #12.

iii. Other treatment. The City of Oshkosh, attainment for CO prior to enactment, is hereby designated unclassifiable for CO. (See the TSD, item #13, for documentation supporting this designation.)

9. Procedural requirements. As described above, today's notice promulgates designations, classifications, andboundaries for ozone and CO areas. This section describes the procedural requirements concerning noticeand-comment and judicial review applicable to these actions. -

a. Designations and boundaries--i. Notice-and-comment rulemaking. Today's notice announces and promulgates the designations that occurred under section 107(d)(1)(C) (designations by operation of law at the date of enactment of the CAAA) and the designations (including boundary determinations) under section 107(d)(4) (designations submitted by the States and promulgated by EPA). The EPA takes this action in accordance with section 107(d)(2)(A), which requires publication in the Federal Register of a notice announcing or promulgating designations under, among other things, section 107(d)(1) and (4). Beyond that, however, section 107(d)(2)(B) provides: Promulgation or announcement of a designation under paragraph (1), (4) or (5) shall not be subject to the provisions of sections 553 through 557 of title 5 of the United States Code (relating to notice and comment), except nothing herein shall be construed as precluding such public notice and comment whenever possible. Page 24 56 FR 56694By its terms, this provision exempts the designations announced and promulgated by this notice from the

notice-and-comment procedures under the Administrative Procedures Act. Through various publicly available letters to the States, EPA described its preliminary views at various points in time as to the designation and classification of areas, and interested persons had the opportunity to give their views on the subject to EPA. In addition, the tight timetables Congress set out in section 107(d)(4)(A)(i)-(ii) made it difficult to engage in notice-and-comment rulemaking. Therefore, as permitted under section 107(d)(2)(B), EPA is today taking final action without notice-and-comment rulemaking. In addition, section 307(h), added by the CAAA provides: It is the intent of Congress that, consistent with the policy of the Administrative Procedures Act, the Administrator in promulgating any regulation under this Act, including a regulation subject to a deadline, shall ensure a reasonable period for public participation of at least 30 days, except as otherwise expressly proved in section 107(d), 172(a), 181(a) and (b), and 186(a) and (b). The EPA is interested, however, in the public's views on whether EPA has made significant errors which could have been avoided had notice-and-comment rulemaking been possible. Accordingly, EPA will allow 30 days from the date of this document for public comment on any such errors, and, if such errors are brought to EPA's attention, EPA will correct any technical errors made. In addition, if anyone raises significant new policy issues, EPA will pursue notice-and-comment rulemaking to resolve such issues. This notice will take effect 60 days from the date of publication, except to the extent, if any, that EPA determines corrections are necessary in light of errors elucidated by timely public comment. --

ii. Judicial review. The CAAA provide no additional limits on judicial review of the designations, including boundaries. Accordingly, if a party follows the appropriate administrative procedures under CAAA, section 307, the party is not barred from challenging EPA's action in this regard through litigation. --

b. Classifications -- i. Notice and comment. Sections 181(a)(3) and 186(a)(2) provide that at the time EPA publishes the notice designating ozone and CO nonattainment areas: The Administrator shall publish a notice announcing the classification of [such ozone or CO] nonattainment area. The provisions of section 172(a)(1)(B) (relating to lack of notice and comment and judicial review) shall apply to such classification. Section 172(a)(1), which is found in subpart 1 of part D, deals primarily with classifications that EPA may make upon promulgating a new or revised NAAQS and designating areas in accordance with that new or revised NAAQS. Section 172(a)(1)(A) authorizes EPA to make classifications; section 172(a)(1)(B), which is referenced by sections 181(a)(3) and section 186(a)(2), provides, in relevant part: -- The Administrator shall publish a notice in the Federal Register announcing each classification under subparagraph (A), except the Administrator shall provide an opportunity of at least 30 days for written comment. Such classification shall not be subject to the provisions of sections 553 through 557 of title 5 of the United States Code (concerning notice and comment) and shall not be subject to judicial review until [specified times]. The EPA interprets the reference in sections 181(a)(3) and 186(a)(2) to "[t]he provisions of section 172(a)(1)(B) (relating to lack of notice and comment and judicial review)" to refer to the second sentence in section 172(a)(1)(B), not the first sentence. As a result, the provisions of the first sentence requiring a 30-day comment period do not apply to the classifications under section 181(a)(3) or section 186(a)(2), which are the subject of this document. The EPA interprets the parenthetical phrase in sections 181(a)(3) and 186(a)(2) to limit the applicable provisions of section 172(a)(1)(B) to those that eliminate the notice-and-comment requirement, which are found in the second sentence. This reading is consistent with the fact that the first sentence in section 172(a)(1)(B) sets out the requirement for publishing a notice announcing a classification, a requirement that is separately incorporated in sections 181(a)(3) and 186(a)(2). This duplication suggests that the first sentence of section 172(a)(1)(B) does not apply. Page 25 56 FR 56694Similarly, EPA takes the position that notice-and-comment rulemaking is not required for any decisions by EPA

under section 181(a)(4) or section 186(a)(3) to make, or not to make, reclassifications on the grounds that the air quality of an ozone or CO nonattainment area is within 5 percent of the cut-off for a different classification. Sections 181(a)(4) and 186(a)(3) provide that EPA is to make these decisions "by the procedure required under paragraph [section 181(a)](3)" for ozone, or "by the procedure required under paragraph [section 186(a)(2)]" for CO. As just discussed, those procedures eliminate the requirement for notice-and-comment rulemaking. --

ii. Judicial review. As noted above, sections 181(a)(3) and 186(a)(2) provide that the provisions concerning judicial review found in section 172(a)(1)(B) apply. Those provisions state that judicial review may occur only after: [T]he Administrator takes final action under subsection (k) or (l) of section 110 (concerning action on plan submissions) or section 179 (concerning sanctions) with respect to any plan submissions required by virtue of such classification. Accordingly, judicial review on the classification decisions [(including the decisions to make, or not to make, reclassifications under the 5 percent adjustment provisions of section 181(a)(4) and section 186(a)(3)] may be had only at those times.

B. PM-10

1. Initial PM-10 designations. Previously, EPA published a Federal Register notice announcing the designations and classifications for PM-10 occurring by operation of law upon enactment of the CAAA (see56 FR 11101, March 15, 1991). In addition, EPA has published a follow-up notice correcting the boundaries and designations of some areas in light of comments addressing the March 1991 notice (see56 FR 37654, August 8, 1991). Both of these notices provide a detailed discussion of the history and current status of PM-10 areas nationwide. An abbreviated discussion is provided here. Generally, EPA adopted a PM-10 SIP development policy "grouping" all areas of the country into three categories based on their probability of violating the standards when EPA revised the indicator for particulate matter to PM-10 (see generally52 FR 24634, July 1, 1987) (revising particulate matter indicator from total suspended particulates to PM-10). The EPA announced the initial groupings for PM-10 in a Federal Register notice published on August 7, 1987 (52 FR 29383). The EPA modified the groupings and boundaries in two subsequent Federal Register notices published on March 28, 1989 (54 FR 12620) and October 31, 1990 (55 FR 45799). The CAAA provided designations for PM-10 for the first time, using EPA's grouping scheme as a starting point. Specifically, the amended law provides that each former Group I area identified in52 FR 29383 (August 7, 1987), except to the extent modified before enactment of the CAAA (November 15, 1990), was designated nonattainment for PM-10 [see 107(d)(4)(B)(i) of the amended Act]. The Federal Register notice published on October 31, 1990 (55 FR 45799) clarified or "modified" EPA's identification of the Group I areas listed in the August 1987 notice. Thus, as a general matter, the former Group I areas listed in the October 1990 notice became nonattainment for PM-10 by operation of law upon enactment of the CAAA [the October 31, 1990 notice reflects the revisions announced in the notice published on March 28, 1989 (54 FR 12620)]. Any other area (i.e., Group II or III) violating the PM-10 NAAQS (as determined by 40 CFR part 50, Appendix K) prior to January 1, 1989, also was designated nonattainment for PM-10 by operation of law upon enactment of the CAAA [see section 107(d)(4)(B)(ii) of the amended Act]. All other areas were designated unclassfiable for PM-10 by operation of law upon enactment of the CAAA [see section 107(d)(4)(B)(iii) of the CAAA]. Finally, all of those areas designated nonattainment for PM-10 were classified as moderate by operation of law at the time of the designation [see section 188(a) of the CAAA]. The EPA will be reclassifying some of these initial PM-10 nonattainment areas from moderate to serious if EPA determines they cannot practicably attain the PM-10 air quality standards by December 31, 1994 [see section 188(b)(1)]. In the Federal Register notices published on March 15, 1991 (56 FR 11101) and August 8, 1991 (56 FR 37654) the Page 26 56 FR 56694EPA applied sections 107(d)(4)(B) and 188(a), and other operative legal provisions, and announced the designations

and classifications for PM-10. In today's notice, EPA formally codifies the designations and classifications for PM-10 announced in these prior two notices. Further, in a letter dated October 2, 1991, Governor Stephens of the State of Montana informed EPA that the August 8, 1991 corrections notice contained an editorial error in the boundary for Libby, Montana. The EPA has reviewed the Governor's letter and the boundary for Libby. The EPA concurs with the Governor's comment and has corrected the boundary for Libby. Thus, the codification of the initial designations and classifications for PM-10 are as set forth in the table below. Note that today's codification of the initial designations for PM-10 [under section 107(d)(4)(B)] in 40 CFR part 81 represents final agency action for the purpose of section 307(b) of the CAA.

2. Additional PM-10 designations. As discussed above, all areas of the country were designated either nonattainment or unclassifiable for PM-10 by operation of law upon enactment of the CAAA pursuant to section 107(d)(4)(B). Section 107(d)(3) of the CAAA authorizes the Administrator to redesignate as nonattainment those areas initially designated as unclassifiable for PM-10 [see section 107(d)(3)(A), (B), and (C)]. The EPA has initiated the redesignation process for some areas. Specifically, in January and February of 1991, EPA Regional Administrators provided letters to the Nation's Governors initiating the process of redesignating additional areas as nonattainment for PM-10, as called for in section 107(d)(3)(A) of the CAAA. In addition, in a Federal Register notice published on April 22, 1991 (56 FR 16274), the EPA identified those PM-10 areas for which EPA had notified the Governors of affected States that an area's PM-10 designation should be revised to nonattainment. (The need to revise the designation for the section in LaSalle County, Illinois, that EPA had identified in the April 22, 1991 notice has been rendered moot. In the correction notice for the initial nonattainment areas published in the Federal Register of August 8, 1991 (56 FR 37654), EPA indicated that this section was designated nonattainment and included as part of the initial Oglesby, Illinois, PM-10 nonattainment area.) In a separate Federal Register notice, EPA will propose redesignations for these areas in light of comments received from the affected States. A more detailed discussion about the section 107(d)(3) redesignation process and the actions being proposed will be described in that notice. [Note that the section 107(d)(3) redesignation process is different from the section 107(d)(4)(B) designations occurring by operation of law upon enactment of the CAAA in that the section 107(d)(3) redesignations are not exempt from the notice-and-comment rulemaking procedures of the Administrative Procedures Act (section 107(d)(2)(B) of the CAAA).] As mentioned, EPA Regional Administrators have corresponded with some of the Nation's Governors, initiating the process to redesignate additional areas of the country as nonattainment for PM-10. In some of the responses to these letters, States requested that EPA expand the boundaries of former Group I areas and make the expansion area part of an initial nonattainment area. In the situations where EPA believed there was no legal basis to make such an adjustment, EPA has indicated that it would treat the State's request as an unsolicited request to redesignate the additional area as nonattainment within the meaning of section 107(d)(3)(D) of the CAAA (56 FR 37654, August 8, 1991). Accordingly, in a separate Federal Register notice, EPA will determine whether such submittals are complete and, if so, will propose to approve or deny the State's redesignations request [see section 107(d)(3)(D) of the CAAA].

3. Total suspended particulates (TSP). Section 107(d)(4)(B) of the CAAA provides that the designations for particulate matter measured in terms of TSP existing immediately prior to enactment of the CAAA (November 15, 1990) remain in effect. The TSP designations are to remain in effect until the Administrator determines that the designations are no longer necessary for implementing the maximum allowable increases in concentrations of particulate matter, measured in terms of TSP, pursuant to section 163(b) [section 107(d)(4)(B)]. Thus, by this notice, EPA announces that the TSP designations existing before enactment of the CAAA shall remain in effect for now. Further, EPA notes that it will review the need for these designations and provide notice at such time EPA determines these designations are no longer necessary for the purpose of implementing the increments in section 163(b). Page 27 56 FR 56694C. Sulfur Dioxide (SO[2])

1. Initial SO[2] designations. Section 107(d)(1)(C) of the CAAA generally provides that those SO[2] designations existing before enactment of the CAAA were affirmed at enactment by operation of law. Thus, the designation of an SO[2] area existing just prior to enactment of the CAAA (November 15, 1990) become the designation of the area upon enactment and at this time. To avoid unnecessary duplication, EPA will not reprint the codification table for SO[2] in today's notice. For the status of SO[2] areas, readers should refer to the codification tables currently set forth in 40 CFR part 81 (July 1, 1991) and to any subsequent modifications to these SO[2] tables that have been published in the Federal Register.

2. Additional SO[2] designations. As with the additional PM-10 nonattainment areas, EPA has initiated the redesignation of some SO[2] areas pursuant to section 107(d)(3) of the CAAA [section 107(d)(3)(A), (B), and (C)]. In January and February of 1991, EPA Regional Administrators provided letters to the Nation's Governors initiating the process of redesignating additional areas as nonattainment for SO[2], as called for in section 107(d)(3)(A) of the CAAA. In addition, in a Federal Register notice published on April 22, 1991 (56 FR 16274), EPA identified those SO[2] areas for which EPA had notified the Governors of affected States that an area's SO[2] designation should be revised to nonattainment. In a separate Federal Register, EPA will propose designations for these areas in light of comments received from the affected States. A more detailed discussion about the section 107(d)(3) redesignation process and the actions being proposed for particular areas will be described in that notice.

D. Lead

1. Background. In 1978, when EPA promulgated the lead NAAQS, the Agency believed that implementation and maintenance of the lead NAAQS should be in accordance with the SIP requirements set forth in section 110 of the CAA and not Part D. Therefore, EPA did not designate areas for lead. The Agency believed that section 107 and the Part D requirements were intended by Congress to apply only to NAAQS which were set prior to 1977. The CAA, as recently amended in 1990, clearly authorizes EPA to designate areas for the lead standard in effect at the date of enactment of the CAAA. Once an area is designated nonattainment for the lead standard in effect at the date of enactment, the SIP requirements for the area are as set forth in sections 191 and 192 of the CAAA. Section 107(d)(5) of the CAAA authorizes EPA to require States to designate areas (or portions thereof) as nonattainment, attainment or unclassifiable with respect to the lead NAAQS in effect as of the date of enactment of the CAAA. As provided in section 107(d)(5), these lead areas are to be designated pursuant to the procedures outlined in section 107(d)(1)(A) and (B) of the amended CAAA except that certain timeframes in subparagraph (B) have been modified by section 107(d)(5). Section 107(d)(1)(A) of the amended CAAA permits EPA to require the Governors of affected States to submit their recommended designations for the areas EPA seeks designated in a timeframe that EPA deems reasonable. This timeframe, however, can be no sooner than 120 days, nor later than 1 year, after the date EPA notifies the State of the requirement to submit such designations. Section 107(d)(1)(B) of the CAAA requires EPA to promulgate these designations no later than 1 year after notifying the State of the requirement to designate areas for lead. The EPA may make any modifications deemed necessary to the suggested designations submitted by the State [see generally section 107(d)(1)(B) of the CAAA]. However, no later than 120 days before promulgating a modified area, EPA must notify the affected State and provide an opportunity for the State to demonstrate why any proposed modification is inappropriate. If the Governor of an affected State fails to submit the required lead designations, in whole or in part, EPA is required to promulgate the designation that is deemed appropriate for any area (or portion thereof) not designated by the State. In January and February 1991, EPA notified the Governors of affected States that they should proceed to designate Page 28 56 FR 56694as nonattainment those areas that had recorded violations of the lead NAAQS. In addition, EPA has requested the

Governors to designate as unclassifiable those areas that contain stationary lead sources which EPA believes to be capable of violating the lead NAAQS, but for which existing air quality data are insufficient at this time to designate as attainment or nonattainment [section 107(d)(1)(A)(iii)]. For administrative efficiency reasons, in the January and February letters, EPA requested the States to submit the designations by March 15, 1991 [the date the lists of designations for all ozone and CO areas were due from the Governor of each State pursuant to section 107(d)(4)(A) of the CAAA]. In any event, EPA indicated to the States that they had to submit their designations not later than 120 days from the date EPA notified them of the requirement to submit such designations. In a Federal Register notice published on April 22, 1991 (56 FR 16274), EPA identified those areas for which EPA had requested designations for lead. The designation requests submitted by the Governors have created several different situations which require that EPA act on the designations in several actions. The EPA has termed the EPA-requested designations submitted by Governors as "solicited designations" and the designations submitted by Governors on his/her own initiative as "unsolicited designations." The different situations and when EPA intends to formally act on the designations are as follows: (1) Solicited designation requests submitted within a timeframe sufficient enough for EPA to review and process, and which EPA does not intend to modify, are addressed in this document. (2) Solicited designation requests which EPA intends to modify will be addressed at a later date. (As mentioned earlier, EPA must notify the affected State 120 days prior to the promulgation of a modified area and provide an opportunity for the State to demonstrate why any proposed modification is inappropriate. The EPA notified affected States in May 1991.) (3) Unsolicited designation requests which EPA may or may not modify will be addressed at a later date. (Although the affected Governors have been notified within the required timeframes that EPA intends tomodify the designation submittal, EPA has decided that in order to provide adequate time for the affected Governors to respond and for EPA to review any response, it would be more appropriate to address the unsolicited designation requests in a separate notice.)

2. Today's action. In today's notice, EPA is acting on those State submittals which were received by EPA in a timeframe sufficient enough to review and process, and which EPA does not intend to modify. The EPA is publishing these designations as called for in section 107(d)(2)(A) of the CAAA. The States affected by this notice include: Alabama, Florida, Georgia, Indiana, Louisiana, Minnesota, Missouri, Montana, Nebraska, New York, Ohio, Tennessee, and Texas. The States of Montana, New York, and Texas submitted both solicited and unsolicited designation requests. In this notice, EPA is acting only on the solicited portion of the submittals for which EPA has determined modifications are not necessary. The unsolicited portion of the submittal will be addressed in a separate notice. A brief description of the nonattainment and unclassifiable lead areas is provided below. The legally binding description of the nonattainment and unclassifiable area lead boundaries for each affected State is provided in the rulemaking tables at the end of this document. A lead nonattainment area consists of that area which does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the lead NAAQS [see section 107(d)(1)(A)(i)]. A lead unclassifiable area consists of any area that cannot be classified on the basis of available information as meeting or not meeting the lead NAAQS [see section 107(d)(1)(A)(iii)]. Generally, EPA has recommended that the lead nonattainment and unclassifiable boundaries be defined by the county perimeter for the county in which the ambient lead monitor(s) recording the violation of the lead NAAQS and/or the lead source is located. In some situations, however, a boundary other than the county perimeter may be appropriate. States may seek to alternatively define the lead nonattainment or unclassifiable boundary by using one, or a combination, of the following techniques: (1) Qualitative analysis (2) spatial interpolation of air monitoring data, or (3) air quality simulation by dispersion modeling. The techniques are described in more detail in "Procedures Page 29 56 FR 56694for Estimating Probability of Nonattainment of a PM-10 NAAQS Using Total Suspended Particulate or PM-10 Data,"

EPA-450/4-86-017, December 1986. If a State seeks to alternatively define a lead nonattainment area, EPA recommends that it submit a reasoned and documented justification for the boundary identified. Finally, the air quality monitoring data and other technical information supporting today's action are available from the respective EPA Regional Office which serves the State where the affected area is located. The addresses of the Regional Offices are listed in the addresses section of this document. State Brief Description of Lead Areas Designation Alabama part of Jefferson County nonattainment Florida part of Hillsborough County unclassifiable Georgia Muscogee County nonattainment Indiana part of Marion County unclassifiable

part of Marion County nonattainment Louisiana East Baton Rouge Parish unclassifiable Minnesota part of Dakota County nonattainment Missouri part of Iron County (two separate areas) nonattainment

part of Jefferson County nonattainment Dent County unclassifiable Holt County unclassifiable Montana part of Lewis and Clark County nonattainment Nebraska part of Douglas County nonattainment New York Onondaga County unclassifiable Ohio part of Cuyahoga County unclassifiable Tennessee part of Shelby County nonattainment

part of Williamson County nonattainment part of Fayette County unclassifiable Texas part of Collin County nonattainment

part of Bexar County unclassifiable As noted, this action is being taken pursuant to section 107(d)(5) of the CAAA. As with the section 107(d)(4) designations for ozone and CO areas, the designations under section 107(d)(5) are exempt from the Administrative Procedures Act requirements for notice-and-comment rulemaking (5 U.S.C. sections 553

-557 ) [see section 107(d)(2)(B) of the CAAA]. Nevertheless, as with the ozone and CO designations in today's notice, EPA will entertain any comments on these actions that are received by December 6, 1991, for the purpose of correcting technical errors. The EPA's promulgation of these designations [for purposes of section 107(d)(2)(A)] will become effective on January 6, 1992. This is intended to provide EPA with time to make any technical corrections that are appropriate in light of the comments.

3. Additional actions. The EPA intends to modify some of the suggested designations submitted by States in response to EPA's request to designate areas for lead. As called for in section 107(d)(1)(B)(ii), EPA has notified the affected States that EPA believes modification is necessary and is providing them with an opportunity to demonstrate why EPA's proposed modification is inappropriate. The EPA will address the modified designations to the solicited submittals in a separate Federal Register notice, to be published in the near future. Page 30 56 FR 56694Additionally, EPA has received unsolicited lead designation requests from some States. At this time, EPA intends

to modify most of these requests and, accordingly, has notified the affected States and is providing them with an opportunity to demonstrate why EPA's proposed modification is inappropriate. The EPA also will address these unsolicited designations in a separate Federal Register notice, to be published in the near future.

4. Miscellaneous. The EPA will continue to assess ambient monitoring data as they are received. Areas that record violations of the lead NAAQS will be reviewed. If EPA determines that a nonattainment designation for an area is appropriate, EPA will so inform the Governor of the affected State and require the Governor to submit a designation request [section 107(d)(5) of the CAAA and cross reference to section 107(d)(1)]. Additionally, section 107(d)(1)(A) of the CAAA authorizes Governors to submit, at any time the Governor deems appropriate, a list of areas designated as nonattainment, attainment, or unclassifiable for lead. Section 107(d)(1)(B)(iii) of the CAAA requires that EPA must then act on these designation requests in accordance with the procedures in section 107(d)(3).

III. Tables The tables codified in today's action are significantly different from the tables now included in 40 CFR part 81. The current 40 CFR part 81 designation listings (revised as of July 1, 1990) include by State and NAAQS pollutant, a brief description of areas within the State and their respective designation. The EPA has modified this format in order to better describe the areas and their attainment status and to account for the pollutant classifications required by the CAAA. Today's action includes completely new tables for ozone and CO. The SO[2], NO[2], and TSP tables are not modified by today's action but will in the future be revised, as appropriate, to this new format. Lead tables include the areas currently designated as nonattainment and unclassifiable. The PM-10 tables identify those areas currently designated as nonattainment for PM-10. As provided in section 107(d)(4)(B) of the CAAA, all of those areas in a State not designated nonattainment for PM-10 were designated unclassifiable for PM-10. The tables do not specify the PM-10 unclassifiable areas but by implication all those areas not currently designated nonattainment for PM-10 are designated unclassifiable. IV. Other Regulatory Requirements

A. Executive Order 12291 Under R.O. 12291, EPA is required to judge whether an action is "major" and therefore subject to the requirement of a regulatory impact analysis. The Agency has determined that the attainment, nonattainment, and classified area designations and classifications made final today would result in none of the significant adverse economic effects set forth in section 1(b) of the E.O. as grounds for a finding that an action is "major." The Agency has, therefore, concluded that this action is not a "major" action under E.O. 12291. This rule was submitted to the Office of Management and Budget (OMB) for review under this E.O. A copy of the draft rule as submitted to the OMB, any documents accompanying the draft, any written comments received from other agencies (including OMB), and any written responses to these comments have been included in the Docket. B. Regulatory Flexibility Act Whenever an agency is required by law to publish a general notice of proposed rulemaking, the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612) generally requires that the agency prepare a Regulatory Flexibility Analysis describing the impact of the proposed rule on small entities. Because this rule is not required to be published first as a notice of proposed rulemaking under section 553 (the Administrative Procedures Act) or any other law, it is not subject to the requirements of the Regulatory Flexibility Act. Page 31 56 FR 56694List of Subjects in 40 CFR Part 81

Air pollution control, National parks, Wilderness areas. Dated: October 28, 1991. William K. Reilly,Administrator. Therefore, 40 CFR part 81 is amended as follows: 1. The authority citation for part 81 is revised to read as follows: Authority: 42 U.S.C. 7407, 7501

-7515, 7601

. 2. Section 81.300 is revised to read as follows: § 81.300 Scope. (a) Attainment status designations as approved or designated by the Environmental Protection Agency (EPA) pursuant to section 107 of the Act are listed in this subpart. Area designations are subject to revision whenever sufficient data becomes available to warrant a redesignation. Both the State and EPA can initiate changes to these designations, but any State redesignation must be submitted to EPA for concurrence. The EPA has replaced the national ambient air quality standards for particulate matter measured as total suspended particulate (TSP) with standards measured as particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10). Accordingly, area designations for PM-10 are included in the lists in subpart C of this part. However, the TSP area designations will also remain in effect until the Administrator determines that the designations are no longer necessary for implementing the maximum allowable increases in concentrations of particulate matter pursuant to section 163(b) of the Act, as explained in paragraph (b) of this section. (b) Designated areas which are listed below as attainment ("Better than national standards") or unclassifiable ("Cannot be classified") for total suspended particulate (TSP), sulfur dioxide (SO[2]), and nitrogen dioxide (NO[2]), represent potential baseline areas or portions of baseline areas which are used in determining compliance with maximum allowable increases (increments) in concentrations of the respective pollutants for the prevention of significant deterioration of air quality (PSD). With respect to areas identified as "Rest of State" it should be assumed that such reference comprises a single area designation for PSD baseline area purposes. However, for PM-10, the use of the term "Rest of State" is an interim measure to designate as unclassifiable all locations not originally designated nonattainment for PM-10 in accordance with section 107(d)(4)(B) of the Act. (c) For PM-10 areas designated nonattainment, pursuant to section 107(d)(4)(b) by operation of law upon enactment of the 1990 Amendments to the Act, the boundaries are more fully described as follows: (1) For cities and towns, the boundary of the nonattainment area is defined by the municipal boundary limits as of November 15, 1990, the date the 1990 Amendments were signed into law, except for areas which were formerly categorized as "Group I areas", in which case the nonattainment area is defined by the municipal boundary limits as of October 31, 1990. (2) Similarly, for planning areas, air quality maintenance areas, air basins, and urban growth boundaries the nonattainment area is defined by the entire planning area, air quality maintenance area, air basin, or urban growth boundary as of November 15, 1990, except for areas which were formerly "Group I", in which case the boundary is defined by the entire planning area, air quality maintenance area, air basin, or urban growth boundary as of October 31, 1990. The foregoing is true except to the extent the planning area, air quality maintenance area, air basin, or urban growth boundary is further defined, e.g., by township, range and/or section. Such geographical descriptors remain a Page 32 56 FR 56694fixed part of the nonattainment boundaries irrespective of whether they are included in the planning area, air quality

maintenance area, air basin, or urban growth boundary. (3) The boundaries of PM-10 areas subsequently redesignated pursuant to section 107(d)(3) of the Act will be defined by the city, town, planning area, air quality maintenance area, air basin, or urban growth boundary in effect the date the designation is promulgated. 3. Section 81.301 is amended by revising the tables for "Alabama -- O[3]" and "Alabama -- CO", and by adding a new table titled "Alabama -- Lead" to be inserted in alphabetical order immediately following the tabular entry for "Alabama -- SO[2]" to read as follows: § 81.301 Alabama.

* * * Alabama -- Carbon Monoxide Designation Classification Designated Area Date n1 Type Date n1 Type Statewide 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 Illman County Dale County Page 33 56 FR 56694Dallas County

De Kalb County Elmore County Escambia County Etowah County Fayette County Franklin County Geneva County Greene County Hale County Henry County Houston County Jackson County Jefferson 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 Shelby County St. Clair County Sumter County Talladega County Page 34 56 FR 56694Tallapoosa County

Tuscaloosa County Walker County Washington County Wilcox County Winston County

n1 This date is November 15, 1990, unless otherwise noted.

Alabama -- Lead Designation Classification Designated Area Date Type Date Type Jefferson County (part) Area including the west 1/2 of 1/6/92 NonattainmentSection 22-Township 17SRange 1E, the SE quadrant of Section 21 - Township 17S - Range 1E, and the southeast 1/4 of the NE quadrant of Section 21 - Township 17S - Range 1E Rest of State Not Designated

Alabama -- Ozone Designation Classification Designated Area Date n1 Type Date n1 Type Birmingham Area Jefferson County Nonattainment Marginal Shelby County Nonattainment Marginal Rest of State Unclassifiable/Attainment Autauga County Baldwin County Barbour County Bibb County Blount County Bullock County Page 35 56 FR 56694Butler County

Calhoun County Chambers 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 De Kalb 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 Page 36 56 FR 56694Marion 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

n1 This date is November 15, 1990, unless otherwise noted.

* * * 4. Section 81.302 is amended by revising the tables for "Alaska -- O[3]" and "Alaska -- CO", and by adding a new table titled "Alaska -- PM-10" to be inserted in alphabetical order immediately following the tabular entry for "Alaska -- SO[2]" to read as follows: § 81.302 Alaska.

* * *

Alaska -- Carbon Monoxide Designation Designated Area Date n1 Anchorage Area Anchorage Election District (part) Anchorage nonattainment area boundary Page 37 56 FR 56694The Anchorage Nonattainment Area is contained within

the boundary described as follows: Beginning at a point on the centerline of the New Seward Highway five hundred (500) feet of the centerline ofO'Malley Road; thence, Westerly along a line five hundred (500) south of and parallel to the centerline of O'Malley Road and its westerly extension thereof to a point on the mean high tide line of the Turnagain Arm; thence, Northeasterly along the mean high tide line to a point five hundred (500) feet west of the southerly extension of the centerline of Sand Lake Road; thence, Northerly along a line five hundred (500) feet west ofand parallel to the southerly extension of the centerline of Sand Lake Road to a point on the southerly boundary of the International Airport property; thence, Westerly along said property line of the International Airport to an angle point in said property line; thence, Easterly, along said property line and its easterly extension thereof to a point five hundred (500) feet west of the southerly extension of the centerline of Wisconsin Street; thence, Northerly along said line to a point on the mean high tide line of the Knik Arm; thence, Northeasterly along the mean high tide line to a point on a line parallel and five hundred (500) feet north of the centerline of ThompsonStreet and the westerly extension thereof; thence, Easterly along said line to a point five hundred (55) feet east of Boniface Parkway; thence, Southerly along a line five hundred (500) feet east of and parallel to the centerline of Boniface Parkway to a point five hundred (500) feet north of the Glenn Highway; thence, Easterly and northeasterly along a line five hundred (500) feet north of and parallel to the centerline of the Glenn Highway to a point five hundred (500) feet east of the northerly extension of the centerline of Muldoon Road; thence, Southerly along a line five hundred (500) feet east of and parallel to the centerline of Muldoon Road and continuing southwesterly on a line of curvature five Page 38 56 FR 56694hundred (500) feet southeasterly of the centerline of

curvature where Muldoon Road becomes Tudor Road to a point five hundred (500) south of the centerline of Tudor Road; thence, Westerly along a line five hundred (500) feet south of the centerline of Tudor Road to a point five hundred (500) feet east of the centerline to Lake Otis Parkway; thence, Westerly along a line five hundred (500) feet south of the centerline of O'Malley Road, ending at the centerline of the New Seward Highway, which is the point of the beginning. Fairbanks Area Fairbanks Election District (part) Fairbanks nonattainment area boundary: 1. Township 1 South, Range 1 West, Sections 2 through 23, the portion of Section 1 west of the Fort Wainwrightmilitary reservation boundary and the portions of Section 24 north of the Old Richardson Highway and west of the military reservation boundary, also, Township 1 South, Range 2 West, Sections 13 and 24, the portion of Section 12 southwest of Chena Pump Road and the portions of Sections 7, 8, and 18 and the portion of Section 19 north of the Richardson Highway. (Fairbanks and Ft. Wainwright) 2. Township 2 South, Range 2 East, the portions ofSections 9 and 10 southwest of the Richardson Highway. (North Pole) AQCR 008 Cook Inlet Intrastate (Remainder of) Kenal Penninsula Election District Matanuska-Susitna Election District Seward Election District AQCR 009 Northern Alaska Intrastate (Remainder of) Barrow Election District Fairbanks N. Star BoroughArea other than portion of Fairbanks urban area designated Nonattainment Kobuk Election District Nome Election District North Slope Election District Page 39 56 FR 56694Northwest Arctic Borough

Southeast Fairbanks Election District Upper Yukon Election District Yukon-Koyukuk Election District AQCR 010 South Central Alaska Intrastate (Remainder of) Aleutian Islands Election District Aleutians East Borough Aleutians West Census Anchorage Election DistrictArea other than portion of Anchorage urban area designated Nonattainment Bethel Election District Bristol Bay Borough Election District Bristol Bay Election District Cordova-McCarthy Election District Dillingham Election District Kodiak Island Election District Kuskokwim Election District Lake And Peninsula Brg Valdez-Cordova Election District Wade Hampton Election District AQCR 11 Southeastern Alaska Intrastate Angoon Election District Haines Election District Juneau Election District Ketchikan Election District Outer Kethcikan Election District Prince Of Wales Election District Sitka Election District Skagway-Yukutat Election District Wrangell-Petersburg Election District

Designation Designated Area Type Anchorage Area Anchorage Election District (part) Anchorage nonattainment area boundary Nonattainment Page 40 56 FR 56694The Anchorage Nonattainment Area is contained within

the boundary described as follows: Beginning at a point on the centerline of the New Seward Highway five hundred (500) feet of the centerline ofO'Malley Road; thence, Westerly along a line five hundred (500) south of and parallel to the centerline of O'Malley Road and its westerly extension thereof to a point on the mean high tide line of the Turnagain Arm; thence, Northeasterly along the mean high tide line to a point five hundred (500) feet west of the southerly extension of the centerline of Sand Lake Road; thence, Northerly along a line five hundred (500) feet west ofand parallel to the southerly extension of the centerline of Sand Lake Road to a point on the southerly boundary of the International Airport property; thence, Westerly along said property line of the International Airport to an angle point in said property line; thence, Easterly, along said property line and its easterly extension thereof to a point five hundred (500) feet west of the southerly extension of the centerline of Wisconsin Street; thence, Northerly along said line to a point on the mean high tide line of the Knik Arm; thence, Northeasterly along the mean hightide line to a point on a line parallel and five hundred (500) feet north of the centerline of ThompsonStreet and the westerly extension thereof; thence, Easterly along said line to a point five hundred (55) feet east of Boniface Parkway; thence, Southerly along a line five hundred (500) feet east of and parallel to the centerline of Boniface Parkway to a point five hundred (500) feet north of the Glenn Highway; thence, Easterly and northeasterly along a line five hundred (500) feet north of and parallel to the centerline of the Glenn Highway to a point five hundred (500) feet east of the northerly extension of the centerline of Muldoon Road; thence, Southerly along a line five hundred (500) feet east of and parallel to the centerline of Muldoon Road and continuing southwesterly on a line of curvature five Page 41 56 FR 56694hundred (500) feet southeasterly of the centerline of

curvature where Muldoon Road becomes Tudor Road to a point five hundred (500) south of the centerline of Tudor Road; thence, Westerly along a line five hundred (500) feet south of the centerline of Tudor Road to a point five hundred (500) feet east of the centerline to Lake Otis Parkway; thence, Westerly along a line five hundred (500) feet south of the centerline of O'Malley Road, ending at the centerline of the New Seward Highway, which is the point of the beginning. Fairbanks Area Fairbanks Election District (part) Fairbanks nonattainment area boundary: Nonattainment 1. Township 1 South, Range 1 West, Sections 2 through 23, the portion of Section 1 west of the Fort Wainwrightmilitary reservation boundary and the portions of Section 24 north of the Old Richardson Highway and west of the military reservation boundary, also, Township 1 South, Range 2 West, Sections 13 and 24, the portion of Section 12 southwest of Chena Pump Road and the portions of Sections 7, 8, and 18 and the portion of Section 19 north of the Richardson Highway. (Fairbanks and Ft. Wainwright) 2. Township 2 South, Range 2 East, the portions ofSections 9 and 10 southwest of the Richardson Highway. (North Pole) AQCR 008 Cook Inlet Intrastate (Remainder of) Unclassifiable/ Attainment Kenal Penninsula Election District Matanuska-Susitna Election District Seward Election District AQCR 009 Northern Alaska Intrastate (Remainder of) Unclassifiable/ Attainment Barrow Election District Fairbanks N. Star BoroughArea other than portion of Fairbanks urban area designated Nonattainment Kobuk Election District Page 42 56 FR 56694Nome Election District

North Slope Election District Northwest Arctic Borough Southeast Fairbanks Election District Upper Yukon Election District Yukon-Koyukuk Election District AQCR 010 South Central Alaska Intrastate (Remainder of) Unclassifiable/ Attainment Aleutian Islands Election District Aleutians East Borough Aleutians West Census Anchorage Election DistrictArea other than portion of Anchorage urban area designated Nonattainment Bethel Election District Bristol Bay Borough Election District Bristol Bay Election District Cordova-McCarthy Election District Dillingham Election District Kodiak Island Election District Kuskokwim Election District Lake And Peninsula Brg Valdez-Cordova Election District Wade Hampton Election District AQCR 11 Southeastern Alaska Intrastate Unclassifiable/ Attainment Angoon Election District Haines Election District Juneau Election District Ketchikan Election District Outer Kethcikan Election District Prince Of Wales Election District Sitka Election District Skagway-Yukutat Election District Wrangell-Petersburg Election District

Classification Designated Area Page 43

56 FR 56694Date n1

Anchorage Area Anchorage Election District (part) Anchorage nonattainment area boundary The Anchorage Nonattainment Area is contained within the boundary described as follows: Beginning at a point on the centerline of the New Seward Highway five hundred (500) feet of the centerline ofO'Malley Road; thence, Westerly along a line five hundred (500) south of and parallel to the centerline of O'Malley Road and its westerly extension thereof to a point on the mean high tide line of the Turnagain Arm; thence, Northeasterly along the mean high tide line to a point five hundred (500) feet west of the southerly extension of the centerline of Sand Lake Road; thence, Northerly along a line five hundred (500) feet west ofand parallel to the southerly extension of the centerline of Sand Lake Road to a point on the southerly boundary of the International Airport property; thence, Westerly along said property line of the International Airport to an angle point in said property line; thence, Easterly, along said property line and its easterly extension thereof to a point five hundred (500) feet west of the southerly extension of the centerline of Wisconsin Street; thence, Northerly along said line to a point on the mean high tide line of the Knik Arm; thence, Northeasterly along the mean hightide line to a point on a line parallel and five hundred (500) feet north of the centerline of ThompsonStreet and the westerly extension thereof; thence, Easterly along said line to a point five hundred (55) feet east of Boniface Parkway; thence, Southerly along a line five hundred (500) feet east of and parallel to the centerline of Boniface Parkway to a point five hundred (500) feet north of the Glenn Highway; thence, Easterly and northeasterly along a line five hundred (500) feet north of and parallel to the centerline of the Glenn Highway to a point five hundred (500) feet east of the Page 44 56 FR 56694northerly extension of the centerline of Muldoon Road;

thence, Southerly along a line five hundred (500) feet east of and parallel to the centerline of Muldoon Road and continuing southwesterly on a line of curvature five hundred (500) feet southeasterly of the centerline of curvature where Muldoon Road becomes Tudor Road to a point five hundred (500) south of the centerline of Tudor Road; thence, Westerly along a line five hundred (500) feet south of the centerline of Tudor Road to a point five hundred (500) feet east of the centerline to Lake Otis Parkway; thence, Westerly along a line five hundred (500) feet south of the centerline of O'Malley Road, ending at the centerline of the New Seward Highway, which is the point of the beginning. Fairbanks Area Fairbanks Election District (part) Fairbanks nonattainment area boundary: 1. Township 1 South, Range 1 West, Sections 2 through 23, the portion of Section 1 west of the Fort Wainwrightmilitary reservation boundary and the portions of Section 24 north of the Old Richardson Highway and west of the military reservation boundary, also, Township 1 South, Range 2 West, Sections 13 and 24, the portion of Section 12 southwest of Chena Pump Road and the portions of Sections 7, 8, and 18 and the portion of Section 19 north of the Richardson Highway. (Fairbanks and Ft. Wainwright) 2. Township 2 South, Range 2 East, the portions ofSections 9 and 10 southwest of the Richardson Highway. (North Pole) AQCR 008 Cook Inlet Intrastate (Remainder of) Kenal Penninsula Election District Matanuska-Susitna Election District Seward Election District AQCR 009 Northern Alaska Intrastate (Remainder of) Barrow Election District Fairbanks N. Star BoroughArea other than portion of Fairbanks urban area designatPage 45 56 FR 56694ed Nonattainment

Kobuk Election District Nome Election District North Slope Election District Northwest Arctic Borough Southeast Fairbanks Election District Upper Yukon Election District Yukon-Koyukuk Election District AQCR 010 South Central Alaska Intrastate (Remainder of) Aleutian Islands Election District Aleutians East Borough Aleutians West Census Anchorage Election DistrictArea other than portion of Anchorage urban area designated Nonattainment Bethel Election District Bristol Bay Borough Election District Bristol Bay Election District Cordova- McCarthy Election District Dillingham Election District Kodiak Island Election District Kuskokwim Election District Lake And Peninsula Brg Valdez-Cordova Election District Wade Hampton Election District AQCR 11 Southeastern Alaska Intrastate Angoon Election District Haines Election District Juneau Election District Ketchikan Election District Outer Kethcikan Election District Prince Of Wales Election District Sitka Election District Skagway-Yukutat Election District Wrangell-Petersburg Election District

Classification Designated Area Page 46

56 FR 56694Type

Anchorage Area Anchorage Election District (part) Anchorage nonattainment area boundary Moderate > 12.7 ppm The Anchorage Nonattainment Area is contained within the boundary described as follows: Beginning at a point on the centerline of the New Seward Highway five hundred (500) feet of the centerline ofO'Malley Road; thence, Westerly along a line five hundred (500) south of and parallel to the centerline of O'Malley Road and its westerly extension thereof to a point on the mean high tide line of the Turnagain Arm; thence, Northeasterly along the mean high tide line to a point five hundred (500) feet west of the southerly extension of the centerline of Sand Lake Road; thence, Northerly along a line five hundred (500) feet west ofand parallel to the southerly extension of the centerline of Sand Lake Road to a point on the southerly boundary of the International Airport property; thence, Westerly along said property line of the International Airport to an angle point in said property line; thence, Easterly, along said property line and its easterly extension thereof to a point five hundred (500) feet west of the southerly extension of the centerline of Wisconsin Street, thence, Northerly along said line to a point on the mean high tide line of the Knik Arm; thence, Northeasterly along the mean high tide line to a point on a line parallel and five hundred (500) feet north of the centerline of Thompson Street and the westerly extension thereof; thence, Easterly along said line to a point five hundred (55) feet east of Boniface Parkway; thence, Southerly along a line five hundred (500) feet east of and parallel to the centerline of Boniface Parkway to a point five hundred (500) feet north of the Glenn Highway; thence, Easterly and northeasterly along a line five hundred (500) feet north of and parallel to the centerline of the Glenn Page 47 56 FR 56694Highway to a point five hundred (500) feet east of the

northerly extension of the centerline of Muldoon Road; thence, Southerly along a line five hundred (500) feet east of and parallel to the centerline of Muldoon Road and continuing southwesterly on a line of curvature five hundred (500) feet southeasterly of the centerline of curvature where Muldoon Road becomes Tudor Road to a point five hundred (500) south of the centerline of Tudor Road; thence, Westerly along a line five hundred (500) feet south of the centerline of Tudor Road to a point five hundred (500) feet east of the centerline to Lake Otis Parkway; thence, Westerly along a line five hundred (500) feet south of the centerline of O'Malley Road, ending at the centerline of the New Seward Highway, which is the point of the beginning. Fairbanks Area Fairbanks Election District (part) Fairbanks nonattainment area boundary: Moderate </= 12.7 ppm 1. Township 1 South, Range 1 West, Sections 2 through 23, the portion of Section 1 west of the Fort Wainwrightmilitary reservation boundary and the portions of Section 24 north of the Old Richardson Highway and west of the military reservation boundary, also, Township 1 South, Range 2 West, Sections 13 and 24, the portion of Section 12 southwest of Chena Pump Road and the portions of Sections 7, 8, and 18 and the portion of Section 19 north of the Richardson Highway. (Fairbanks and Ft. Wainwright) 2. Township 2 South, Range 2 East, the portions ofSections 9 and 10 southwest of the Richardson Highway. (North Pole) AQCR 008 Cook Inlet Intrastate (Remainder of) Kenal Penninsula Election District Matanuska-Susitna Election District Seward Election District AQCR 009 Northern Alaska Intrastate (Remainder of) Barrow Election District Page 48 56 FR 56694Fairbanks N. Star Borough

Area other than portion of Fairbanks urban area designated Nonattainment Kobuk Election District Nome Election District North Slope Election District Northwest Arctic Borough Southeast Fairbanks Election District Upper Yukon Election District Yukon-Koyukuk Election District AQCR 010 South Central Alaska Intrastate (Remainder of) Aleutian Islands Election District Aleutians East Borough Aleutians West Census Anchorage Election DistrictArea other than portion of Anchorage urban area designated Nonattainment Bethel Election District Bristol Bay Borough Election District Bristol Bay Election District Cordova- McCarthy Election District Dillingham Election District Kodiak Island Election District Kuskokwim Election District Lake And Peninsula Brg Valdez-Cordova Election District Wade Hampton Election District AQCR 11 Southeastern Alaska Intrastate Angoon Election District Haines Election District Juneau Election District Ketchikan Election District Outer Kethcikan Election District Prince Of Wales Election District Sitka Election District Skagway-Yukutat Election District Wrangell-Petersburg Election District Page 49 56 FR 56694n1 This date is November 15, 1990, unless otherwise noted. Alaska -- Ozone Designation Designated Area Date n1 Type AQCR 08 Cook Inlet Intrastate Unclassifiable/ Attainment Anchorage Election District Kenai Penninsula Election District Matanuska-Susitna Election District Seward Election District AQCR 09 Northern Alaska Intrastate Unclassifiable/ Attainment Barrow Election District Fairbanks Election District Kobuk Election District Nome Election District North Slope Election District Northwest Arctic Borough Southeast Fairbanks Election District Upper Yukon Election District Yukon-Koyukuk Election District AQCR 10 South Central Alaska Intrastate Unclassifiable/ Attainment Aleutian Islands Election District Aleutians East Borough Aleutians West Census Bethel Election District Bristol Bay Borough Election District Bristol Bay Election District Cordova-Mccarthy Election District Dillingham Election District Kodiak Island Election District Kuskokwim Election District Valdez-Cordova Election District Wade Hampton Election District

Alaska-Ozone Page 50 56 FR 56694Classification Designated Area Date n1 Type AQCR 08 Cook Inlet Intrastate Anchorage Election District Kenai Penninsula Election District Matanuska-Susitna Election District Seward Election District AQCR 09 Northern Alaska Intrastate Barrow Election District Fairbanks Election District Kobuk Election District Nome Election District North Slope Election District Northwest Arctic Borough Southeast Fairbanks Election District Upper Yukon Election District Yukon-Koyukuk Election District AQCR 10 South Central Alaska Intrastate Aleutian Islands Election District Aleutians East Borough Aleutians West Census Bethel Election District Bristol Bay Borough Election District Bristol Bay Election District Cordova-Mccarthy Election District Dillingham Election District Kodiak Island Election District Kuskokwim Election District Valdez-Cordova Election District Wade Hampton Election District AQCR 11 Southern Alaska Intrastate Angoon Election District Haines Election District Juneau Election District Ketchikan Election District Outer Kethcikan Election District Pricne of Wales Election District Page 51 56 FR 56694Sitka Election District

Skagway-Yakutat Election Distrcit Wrangeli-Petersburg Election Distrcit

n1 This date is November 15, 1990, unless otherwise noted.

Designated Area Designation Clssification Date Type Date Type Anchorage Community of Eagle River 11/15/90 Nonattainment 11/15/90 Moderate Janeau City of Juneau: 11/15/90 Nonattainment 11/15/90 Moderate Mendenhall Valley area

* * * * * * * Page 52 56 FR 56694