[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Pages 18526-18528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9862]



[[Page 18526]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[FRL-5809-5]


Clean Air Act Promulgation of Extension of Attainment Date for 
the Portland, Maine Moderate Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is extending the attainment date for the Portland, Maine 
moderate ozone nonattainment area from November 15, 1996 to November 
15, 1997. This extension is based in part on monitored air quality 
readings for the national ambient air quality standard (NAAQS) for 
ozone during 1996. Accordingly, EPA is updating the table in 40 CFR 
part 81 concerning attainment dates for the State of Maine.

DATES: This extension becomes effective June 2, 1997 unless before May 
16, 1997 adverse or critical comments are received. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection (mail code CAA), U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment at the 
Office of Ecosystem Protection, U.S. Environmental Protection Agency, 
Region I, One Congress Street, 11th floor, Boston, MA 02203; and the 
Bureau of Air Quality Control, Department of Environmental Protection, 
71 Hospital Street, Augusta, ME 04333. Persons interested in examining 
these documents should make an appointment with the appropriate office 
at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, U.S. 
Environmental Protection Agency, Region I, One Congress Street, 11th 
floor, Boston, MA 02203, (617) 565-3578.

SUPPLEMENTARY INFORMATION:

Request for Attainment Date Extension for the Portland Area

    On November 1, 1996, the State of Maine requested a one-year 
attainment date extension for the Portland moderate ozone nonattainment 
area. This area, which consists of York, Cumberland and Sagadahoc 
counties, is currently designated a moderate ozone nonattainment area. 
The statutory ozone attainment date, as prescribed by section 181(a) of 
the Clean Air Act as amended in 1990 (``the Act''), was November 15, 
1996.

CAA Requirements and EPA Actions Concerning Designation and 
Classification

    Section 107(d)(4) of the Act required the States and EPA to 
designate areas as attainment, nonattainment, or unclassifiable for 
ozone as well as other pollutants for which national ambient air 
quality standards (NAAQS) have been set. Section 181(a)(1) required 
that ozone nonattainment areas be classified as marginal, moderate, 
serious, severe, or extreme, depending on their air quality.
    In a series of Federal Register documents, EPA completed this 
process by designating and classifying all areas of the country for 
ozone. See, e.g., 56 FR 58694 (Nov. 6, 1991); 57 FR 56762 (Nov. 30, 
1992); 59 FR 18967 (April 21, 1994).
    Areas designated nonattainment for ozone are required to meet 
attainment dates specified under the Act. The Portland ozone 
nonattainment area was designated nonattainment and classified moderate 
for ozone pursuant to 56 FR 58694 (Nov. 6, 1991). By this 
classification, its attainment date became November 15, 1996. A 
discussion of the attainment dates is found in 57 FR 13498 (April 16, 
1992) (the General Preamble).

CAA Requirements and EPA Actions Concerning Meeting the Attainment Date

    Section 181(b)(2)(A) requires the Administrator, within six months 
of the attainment date, to determine whether ozone nonattainment areas 
attained the NAAQS. For ozone, EPA determines attainment status on the 
basis of the expected number of exceedances of the NAAQS over the 
three-year period up to, and including, the attainment date. See 
General Preamble, 57 FR 13506. In the case of ozone moderate 
nonattainment areas, the three-year period is 1994-1996. CAA section 
181(b)(2)(A) further states that, for areas classified as marginal, 
moderate, or serious, if the Administrator determines that the area did 
not attain the standard by its attainment date, the area must be 
reclassified upwards.
    However, CAA section 181(a)(5) provides an exemption from these 
bump up requirements. Under this exemption, EPA may grant up to two 
one-year extensions of the attainment date under specified conditions:

    Upon application by any State, the Administrator may extend for 
1 additional year (hereinafter referred to as the ``Extension 
Year'') the date specified in table 1 of paragraph (1) of this 
subsection if--
    (A) the State has complied with all requirements and commitments 
pertaining to the area in the applicable implementation plan, and
    (B) no more than 1 exceedance of the national ambient air 
quality standard level for ozone has occurred in the area in the 
year preceding the Extension Year.
    No more than 2 one-year extensions may be issued under this 
paragraph for a single nonattainment area.

    EPA interprets this provision to authorize the granting of a one-
year extension under the following minimum conditions: (1) The State 
requests a one-year extension, (2) all requirements and commitments in 
the EPA-approved SIP for the area have been complied with, and (3) the 
area has no more than one measured exceedance of the NAAQS during the 
year that includes the attainment date (or the subsequent year, if a 
second one-year extension is requested).
    EPA has determined that the requirements for a one-year extension 
of the attainment date have been fulfilled as follows:

    (1) Maine has formally submitted the attainment date extension 
request.
    (2) Maine is currently implementing the EPA-approved SIP.
    (3) Maine has certified that the area has monitored no 
exceedances during 1996.

    Therefore, EPA approves Maine's attainment date extension request 
for the Portland ozone nonattainment area. As a result, the chart in 40 
CFR 81.320 entitled ``Maine--Ozone'' is being modified to reflect EPA's 
approval of Maine's attainment date extension request for the Portland 
area. Further details are available in the Technical Support Document 
for this action.

EPA Action

    EPA is approving the attainment date extension for the Portland 
moderate ozone nonattainment area from November 15, 1996 to November 
15, 1997 without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comments. 
However, in a separate document in this Federal Register

[[Page 18527]]

publication, EPA is proposing to approve this part 81 action should 
adverse or critical comments be filed. This action will be effective 
June 2, 1997 unless, by May 16, 1997, adverse or critical comments are 
received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on June 2, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation.
    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    Extension of an area's attainment date under the CAA does not 
impose any new requirements on small entities. Extension of an 
attainment date is an action that affects a geographical area and does 
not impose any regulatory requirements on sources. EPA certifies that 
the approval of the attainment date extension will not affect a 
substantial number of small entities.
C. Unfunded Mandates
    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
    Under 5 U.S.C. 801(a)(1)(A) of the Regulatory Flexibility Act as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, EPA submitted a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives and 
the Comptroller General of the General Accounting Office prior to 
publication of the rule in today's Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).
E. Petitions for Judicial Review
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 16, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action to grant Maine an extension to attain the 
ozone NAAQS in the Portland ozone nonattainment area as defined in 40 
CFR 81.320 may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).) EPA encourages interested 
parties to comment in response to the proposed rule rather than 
petition for judicial review unless the objection arises after the 
comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: April 3, 1997.
John DeVillars,
Regional Administrator, Region I.

    Part 81 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 81--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

    2. In Sec. 81.320 the ozone table is amended by revising the entry 
for Portland area to read as follows:


Sec. 81.320  Maine.

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                                                  Maine--Ozone                                                  
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                                                   Designation                           Classification         
         Designated area         -------------------------------------------------------------------------------
                                    Date\1\                  Type                 Date\1\            Type       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                *                                                               
Portland Area:                                                                                                  
    Cumberland County...........  ...........  Nonattainment..................  ...........  Moderate.\2\       
    Sagadahoc County............  ...........  Nonattainment..................  ...........  Moderate.\2\       

[[Page 18528]]

                                                                                                                
    York County.................  ...........  Nonattainment..................  ...........  Moderate.\2\       
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                *                                                               
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\1\ This date is November 15, 1990, unless otherwise noted.                                                     
\2\ Attainment date extended to November 15, 1997.                                                              

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[FR Doc. 97-9862 Filed 4-15-97; 8:45 am]
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