[Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
[Rules and Regulations]
[Pages 39432-39437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19388]


      

[[Page 39431]]

_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 81



Identification of Additional Ozone Areas Attaining the 1-Hour Standard 
and to Which the 1-Hour Standard is No Longer Applicable; Final Rule

Federal Register / Vol. 63, No. 140 / Wednesday, July 22, 1998 / 
Rules and Regulations

[[Page 39432]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[FRL-6126-8]


Identification of Additional Ozone Areas Attaining the 1-Hour 
Standard and to Which the 1-Hour Standard is no Longer Applicable

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On May 18, 1998, the EPA published a proposal to approve the 
identification of additional ozone areas attaining the 1-hour standard 
and to which the 1-hour standard is no longer applicable. The comment 
period concluded on June 17, 1998. Comments were received on the 
proposal during the comment period. Today, the EPA is addressing the 
comments and taking final action to approve the identification of six 
additional ozone areas attaining the 1-hour standard and to which the 
1-hour standard is no longer applicable. Upon promulgation of this 
action, the Code of Federal Regulations (CFR) for ozone will be amended 
to reflect such changes. Additionally, today's action is consistent 
with the President's memorandum of July 16, 1997. The President's 
memorandum called for EPA to publish an action identifying ozone areas 
to which the 1-hour standard will cease to apply because they have not 
measured a current violation of the 1-hour standard. For all other 
areas, the 1-hour standard will continue to apply. Furthermore, this 
action is being taken as indicated in the direct final rule published 
on January 16, 1998, which, due to the receipt of adverse comments, was 
withdrawn on March 16, 1998 and subsequently converted to a proposal. 
On June 5, 1998, the Agency promulgated a final rule, effective 
immediately, responding to the adverse comments, thus completing the 
action identifying ozone areas where the 1-hour standard is no longer 
applicable. According to the final rule, the Agency intended to 
publish, in early 1998, a subsequent document which takes similar 
action to revoke the 1-hour standard in additional areas that have air 
quality that does not violate the 1-hour standard. The six additional 
areas identified today are: Dayton-Springfield, Ohio; Detroit-Ann 
Arbor, Michigan; Warrick County, Indiana; Grand Rapids, Michigan; 
Poughkeepsie, New York; and Morgan County, Kentucky.

DATES: This action will be effective on July 22, 1998.

ADDRESSES: Documents relevant to this rulemaking are available for 
inspection at the Air and Radiation Docket and Information Center 
(6101), Attention: Docket No. A-98-19, U.S. Environmental Protection 
Agency, 401 M Street SW, Room M-1500, Washington, DC 20460, telephone 
(202) 260-7548, between 8 a.m. and 4 p.m., Monday through Friday, 
excluding legal holidays. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Questions concerning this notice 
should be addressed to Annie Nikbakht (policy) or Barry Gilbert (air 
quality data), Office of Air Quality Planning and Standards, Air 
Quality Strategies and Standards Division, Ozone Policy and Strategies 
Group, MD-15, Research Triangle Park, NC 27711, telephone (919) 541-
5246/5238. In addition, the following Regional contacts may be called 
for individual information regarding monitoring data and policy matters 
specific for each Regional Office's geographic area:

Region II--Ray Werner, (212) 637-3706
Region IV--Kay Prince, (404) 562-9026
Region V--Todd Nettesheim, (312) 353-9153

SUPPLEMENTARY INFORMATION: Electronic Availability--The official record 
for this final rule, as well as the public version, has been 
established under docket number A-98-19. A public version of this 
record which does not include any information claimed as Confidential 
Business Information is available for inspection from 8 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The official final 
rulemaking record is located at the address in ADDRESSES at the 
beginning of this document.

Table of Contents

I. Background
II. Summary of Today's Action
III. Public Comments and EPA Responses
IV. Analysis of Air Quality Data
V. Tables
VI. Other Regulatory Requirements
    A. Executive Order 12866
    B. Rule Effective Date
    C. Regulatory Flexibility Act
    D. Unfunded Mandates
    E. Submission to Congress and the General Accounting Office
    F. Petitions for Judicial Review
    G. Applicability of Executive order (E.O.)13045

I. Background

    On July 16, 1997, the President issued a memorandum (62 FR 38421, 
July 18, 1997) to the Administrator of the EPA which indicates that 
within 90 days of promulgation of the new 8-hour standard, the EPA will 
publish an action identifying ozone areas to which the 1-hour standard 
will cease to apply. The memorandum states that for areas where the air 
quality does not currently attain the 1-hour standard, the 1-hour 
standard will continue in effect. The provisions of subpart 2 of title 
I of the Clean Air Act (Act) would also apply to currently designated 
nonattainment areas until such time as each area has air quality 
meeting the 1-hour standard.
    On July 18, 1997 (62 FR 38856), EPA promulgated a regulation 
replacing the 1-hour ozone standard with an 8-hour standard at a level 
of 0.08 parts per million (ppm). The form of the 8-hour standard is 
based on the 3-year average of the annual fourth-highest daily maximum 
8-hour average ozone concentrations measured at each monitor within an 
area. The new primary standard, which became effective on September 16, 
1997, will provide increased protection to the public, especially 
children and other at-risk populations. On July 18, 1997, EPA also 
promulgated regulations providing that revocation of the 1-hour ozone 
national ambient air quality standard (NAAQS) would occur on an area-
by-area basis when EPA determined that an area was meeting the 1-hour 
NAAQS. This was done in order to facilitate continuity in public health 
protection during the transition to the new NAAQS.
    Therefore, on January 16, 1998, in accordance with the President's 
memorandum and the regulations promulgated on July 18, 1997, the Agency 
issued a direct final rule (63 FR 2726) which identified ozone areas to 
which the 1-hour standard will cease to apply because they have not 
measured a current violation of the 1-hour standard. For all other 
areas, the 1-hour standard will continue to apply. However, due to the 
receipt of adverse comments, the direct final action was withdrawn on 
March 16, 1998 (63 FR 12652) and converted to a proposed rule that had 
previously been published on January 16, 1998 (63 FR 2804). The Agency 
summarized and addressed all relevant public comments in a subsequent 
final rule, published and effective on June 5, 1998 (63 FR 31014). 
According to the final rule, the Agency intended to publish, in early 
1998, a subsequent document which takes similar action to revoke the 1-
hour standard in additional areas that have air quality that does not 
violate the 1-hour standard and to take similar action each year 
thereafter.
    On May 18, 1998, the EPA published a proposal to approve the 
identification of six additional ozone areas attaining the 1-hour 
standard and to which the 1-

[[Page 39433]]

hour standard is no longer applicable (63 FR 27247). Comments were 
received on the proposal during the comment period ending on June 17, 
1998.

II. Summary of Today's Action

    The purpose of this document is to respond to comments received on 
the May 18th proposed rule and finalize the identification of the six 
additional areas that EPA has determined are not violating the 1-hour 
standard and, therefore, with respect to which the 1-hour standard no 
longer applies. The newly identified areas are: Dayton-Springfield, 
Ohio; Detroit-Ann Arbor, Michigan; Warrick County, Indiana; Grand 
Rapids, Michigan; Poughkeepsie, New York; and Morgan County, Kentucky.

III. Public Comments and EPA Responses

    The following discussion summarizes and responds to the comments 
received on the proposed rule published on May 18, 1998 (63 FR 27247).
    Comment: The commenter states that clean monitoring data alone are 
an insufficient legal basis for revocation of the applicability of the 
1-hour standard in these areas and that all requirements of section 
107(d)(3)(E) of the Act must be met in order to have the standard 
revoked.
    Response: The Agency previously addressed this question in its 
promulgated rule of June 5, 1998 (63 FR 31014) and incorporates by 
reference the discussion of this issue therein. In brief, as this 
action is not a redesignation, but rather a determination that the 1-
hour NAAQS no longer applies to certain areas, pursuant to the 
regulations promulgated in July 1997 as part of the rulemaking 
regarding the ozone NAAQS (40 CFR 50.9(b)), the redesignation 
requirements of section 107(d)(3)(E) do not apply to this action. These 
regulations provide the legal basis for this action and specify the 
criteria that must be met--the determination by EPA that an area has 
air quality meeting the standard.
    Comment: The commenter states that many of the areas contribute to 
downwind air quality problems in Canada.
    Response: Section 115 does not play a role in today's rulemaking 
action because (1) EPA has not received any study or petition from an 
international agency; (2) today's action does not impose or revoke any 
air quality measures, as a result, the impact is neutral; and (3) the 
criteria for determining the standard does not apply do not include an 
analysis of international impacts. Furthermore, the EPA has not 
received any comments from the government of Canada or private Canadian 
citizens regarding this matter. In ongoing discussions between the EPA 
and the Canadian government, the overall benefits of the nitrogen 
oxides (NO<INF>X</INF>) State implementation plan (SIP) call (62 FR 
60318, November 7, 1997) as a vehicle to deal with transport are widely 
recognized.
    Comment: Data considered for this rulemaking are incomplete. The 
commenter notes a problem with malfunctioning ozone monitors in Allegan 
County, Michigan and suspect monitoring conducted in Warrick County. In 
addition, the commenter notes that the New Haven, Michigan ozone 
monitor was not functioning during the May 1998 ozone episode.
    Response: The EPA is only considering complete, quality assured air 
quality data in this rulemaking. Today's action does not consider 1998 
air quality data, because these data have not yet been quality assured 
and have not been reported to the EPA. The 1995-1997 period was chosen 
because it was the most recent 3-year period at the time of this rule 
for which EPA and the States had complete data. With respect to the 
question of malfunctioning monitors in Allegan County, this rulemaking 
does not deal with Allegan County, therefore the comment is irrelevant 
to this rulemaking action. With regard to comments on the quality of 
Warrick County, Indiana ozone data, EPA considered only quality assured 
ozone data for the 1995-1997 period and has no reason to suspect the 
quality of the ozone data supplied by the State of Indiana. 
Furthermore, the commenter provides no documentation to support the 
claim of suspicious ozone data in Warrick County. As to the comment 
that the monitor in New Haven, Michigan was not functioning during May 
1998, draft air quality data reports for 1998 indicate that this 
monitor was, in fact, running during the May 1998 period and has not 
recorded any exceedances of the 1-hour ozone NAAQS.
    Comment: The commenter notes that meteorological conditions in 1996 
and 1997 were atypical and a meteorological analysis should be included 
to show whether the areas have attained the 1-hour standard.
    Response: The Agency previously addressed this concern regarding 
variations in meteorological conditions in its final rule promulgated 
on June 5, 1998 (63 FR 31014) and incorporates that discussion by 
reference. Attainment of the ozone NAAQS is determined using three 
consecutive years of data to account for variations in meteorological 
conditions, as well as variations in volatile organic compounds (VOC) 
and NO<INF>X</INF> emissions. The ozone NAAQS is designed to take into 
account such variations.
    Comment: Modeling predicts continued violations of the 1-hour NAAQS 
in these areas.
    Response: The EPA's authority for this action is based on the 
regulatory provisions adopted when it promulgated the 8-hour ozone 
NAAQS in July 1997 (62 FR 38856 (July 18, 1997)). Those regulations, in 
40 CFR 50.9(b), provide that the ``1-hour standard set forth in this 
section will no longer apply to an area once EPA determines that the 
area has air quality meeting the 1-hour standard.'' Those regulations 
specify a single criterion for determining that the 1-hour standard no 
longer applies--the determination by EPA that an area has air quality 
meeting the 1-hour standard. The EPA believes that is the only 
criterion that may be applied in this rulemaking, and that it has been 
satisfied in the case of all the areas covered by this action. In 
essence, the commenters' issue, properly viewed, is not with the action 
being taken at this time, but with the regulatory provision on which 
this action is based. That regulation was promulgated in July 1997, the 
commenters' issues are therefore untimely.
    Comment: Areas are in noncompliance with their maintenance plans. 
The commenter notes that Detroit, Michigan has experienced exceedances 
of the ozone NAAQS, despite the implementation of required contingency 
measures.
    Response: Under section 107 of the Act, in order to be 
redesignated, the Administrator must approve a maintenance plan that 
meets the requirements of section 175(A) of the Act. Section 175(A) 
requires maintenance plans to include contingency measures sufficient 
to ``promptly correct any violation of the standard which occurs after 
the redesignation of the area as an attainment area.'' On March 7, 
1994, the EPA published the final approval of the redesignation request 
and maintenance plan for the Detroit area. Subsequently, the area 
violated the ozone standard and, in accordance with the approved 
maintenance plan, the area implemented two contingency measures, a low 
volatility gasoline program, and an expansion of the Stage I gasoline 
vapor recovery program. Since that time, the area has experienced 
exceedances, but not violations of the ozone standard. As the area is 
attaining the standard, it satisfies the criterion for revocation of 
the NAAQS specified in 40 CFR 50.9(b). In

[[Page 39434]]

fact, the exceedances experienced in the area in May 1998 occurred 
prior to the control period for the low volatility gasoline program 
which runs from June 1 to September 15. As a result, Michigan has 
implemented its approved maintenance plan in the Detroit area and the 
contingency measures appear to be working as designed to prevent future 
violations of the 1-hour ozone NAAQS.
    Comment: The EPA has determined that these areas interfere with 
downwind areas' abilities to attain the 1-hour standard for ozone.
    Response: The EPA is addressing this issue in the Eastern United 
States through the NO<INF>X</INF> SIP call, which EPA has proposed (62 
FR 60318, November 7, 1997). The proposal would place controls for 
NO<INF>X</INF> emissions in large geographic upwind areas that contain 
both attainment and nonattainment areas. The controls would reduce 
NO<INF>X</INF> emissions and, as a result, ozone levels. The EPA has 
also been petitioned, under section 126(b) of the Act, to place 
controls on upwind stationary sources of NO<INF>X</INF> emissions. More 
generally, it should be noted that upwind sources are subject to 
section 110(a)(2)(D) regardless of whether the 1-hour standard 
continues to apply to them. Accordingly, a determination that the 1-
hour standard does not apply to upwind areas does not preclude 
additional reductions in the upwind areas. Furthermore, the only 
criterion specified in 40 CFR 50.9(b) for revocation is EPA's 
determination that the area itself is meeting the standard and the 
factor referred to by the commenter is not relevant to that issue.
    Comment: Children's health will be disproportionately and adversely 
affected by this rule.
    Response: EPA disagrees with this comment. Today's action will not 
result in diminished controls or worsened air quality.
    Comment: A group of commenters expressed concern that EPA did not 
revoke the 1-hour NAAQS for the San Francisco Bay area despite its 
continued violations, but did revoke the NAAQS for other areas 
designated attainment. The commenters stated that EPA's approach 
misapplies 40 CFR 50.9 (the regulation governing revocation of the 1-
hour standard), violates the Act and leads to inconsistent and 
illogical results.
    Response: The Agency previously addressed this comment in its final 
rule promulgated on June 5, 1998 (63 FR 31014) and incorporates by 
reference that discussion. The EPA is continuing the approach employed 
in the earlier notices. The Presidential memorandum of July 16, 1997 
(62 FR 38421, July 18, 1997) states, ``For areas where the air quality 
does not currently attain the 1-hour standard, the 1-hour standard will 
continue in effect.'' This policy should include maintenance and 
attainment areas which currently violate the 1-hour standard. In 
addition, on December 29, 1997, Richard D. Wilson, Acting Assistant 
Administrator for Air and Radiation, issued guidance, entitled Guidance 
for Implementing the 1-Hour Ozone and Pre-Existing PM10 NAAQS, which 
reiterates that ``The EPA will not revoke the 1-hour standard in an 
area that is violating that standard.'' The EPA believes that to 
determine that the 1-hour standard ceases to apply to the Bay Area 
would mislead the public into thinking their health was not at risk. 
The EPA will not revoke the 1-hour NAAQS in an area that measures 
violations during the prior 3-year period. The Bay Area had a total of 
43 exceedances and 17 violations of the 1-hour standard since the June 
1995 redesignation to attainment. Therefore, for all of the above 
reasons, the Agency believes that it is prudent to keep the 1-hour 
standard in place for the Bay Area.
    In addition, EPA disagrees that its actions are inconsistent or 
arbitrary. The commenters point out that an area with clean data for 
all years in the 1990's, except for four or more exceedances in one 
year, may not receive a determination that the standard will cease to 
apply, but an area with exceedances in all years in the 1990's, except 
for less than four exceedences in a 3-year period, may receive such a 
determination. Factually, the commenters are correct because the 1-hour 
NAAQS is based on air quality in a consecutive 3-year period. After EPA 
revised the 1-hour NAAQS, instead of immediately revoking it for all 
areas, EPA determined that it should be phased out by a determination 
that it would cease to apply on any area that attained it for a 3-year 
period, beginning 1994-96 and continuing for each 3-year period (on a 
rolling basis) after that. Although an area may experience exceedances 
after the 1-hour standard is determined no longer to apply, the new 8-
hour standard is designed to protect the air quality.
    Comment: The commenter believes that retention of the 1-hour 
standard in maintenance and attainment areas will not promote early 
attainment of the 8-hour standard and EPA cannot justify its approach 
based on a desire to protect air quality.
    Response: The Agency previously addressed this comment in a final 
rule promulgated on June 5, 1998 (63 FR 31014) and incorporates by 
reference that discussion. Most, if not all, of the measures undertaken 
for the purpose of attaining the 1-hour standard will assist in the 
attainment of the 8-hour standard. This is because most areas with 1-
hour exceedances also have 8-hour exceedances. As more measures are 
undertaken to meet the 1-hour standard, the 1-hour concentrations 
composing the 8-hour average will decrease in magnitude, as will the 
number of 8-hour exceedances.

IV. Analysis of Air Quality Data

    This final action, to determine that the 1-hour standard no longer 
applies to selected areas, is based upon analysis of quality-assured, 
ambient air quality monitoring data showing no violations of the 1-hour 
ozone standard. The method for determining attainment of the ozone 
NAAQS is contained in 40 CFR 50.9 and Appendix H to that section. The 
level of the 1-hour primary and secondary NAAQS for ozone is 0.12 ppm.
    The 1-hour standard no longer applies to an area once EPA 
determines that the area has air quality not violating the 1-hour 
standard. Determinations for this document were based upon the most 
recent data available, i.e., 1995-1997 data. Detailed air quality data 
information used for today's determinations is contained in the 
Technical Support Document (TSD) to Docket No. A-98-19.

V. Tables

    The ozone 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 November 6, 1991 and most 
recently revised June 5, 1998) include, by State and NAAQS pollutant, a 
brief description of areas within the State and their respective 
designation. Today's final action includes completely new entries for 
the six additional ozone areas identified where the 1-hour standard no 
longer applies.

VI. Other Regulatory Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The OMB has exempted this 
regulatory action from Executive Order 12866 review.

[[Page 39435]]

B. Rule Effective Date

    The EPA finds that there is good cause for this action to become 
effective immediately upon publication because a delayed effective date 
is unnecessary due to the nature of this action, which is a 
determination that the 1-hour ozone standard no longer applies. The 
immediate effective date for this action is authorized under both 5 
U.S.C. 553 (d)(1), which provides that rulemaking actions may become 
effective less than 30 days after publication if the rule ``grants or 
recognizes an exemption or relieves a restriction'' and section 
553(d)(3), which allows an effective date less than 30 days after 
publication ``as otherwise provided by the agency for good cause found 
and published with the rule.''

C. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 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), 
unless EPA certifies 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. The EPA is 
certifying that this final rule will not have a significant impact on a 
substantial number of small entities, because the determination that 
the 1-hour standard ceases to apply does not subject any entities to 
any additional requirements.

D. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(UMRA), 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.
    The EPA has determined that today's action, as promulgated, would 
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.

E. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), 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).

F. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States court of Appeals for 
the appropriate circuit by September 21, 1998. 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 may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)).

G. Applicability of Executive Order (E.O.)13045

    On April 21, 1997, the President signed an Executive Order (13045) 
entitled ``Protection of Children from Environmental Health Risks and 
Safety Risks.'' This is the primary directive to Federal agencies and 
departments that Federal health and safety standards now must include 
an evaluation of the health or safety effects of the planned regulation 
on children. For rules subject to the Executive Order, agencies are 
further required to issue an explanation as to why the planned 
regulation is preferable to other potentially effective and reasonable 
feasible alternatives considered by the Agency.
    This final rule is not subject to E.O. 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because this is not an economically significant 
regulatory action as defined by E.O. 12866, and it does not involve 
decisions on environmental health risks or safety risks that may 
disproportionately affect children.

List of Subjects in 40 CFR Part 81

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

    Dated: July 15, 1998.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
81, 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 et seq.

    2. In Sec. 81.315, the table entitled ``Indiana-Ozone (1-Hour 
Standard'' is amended by revising the entry for ``Warrick County Area'' 
to read as follows:


Sec. 81.315  Indiana.

* * * * *

                                                             Indiana-Ozone (1-Hour Standard)                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification                    
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Warrick County Area:                                                                                                                                    
    Warrick County......................      7-22-98  1 hr.std.N.A. \2\........................  ...........  .........................................
                                                                                                                                                        
                  *                  *                  *                  *                  *                  *                  *                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.                                                                                                  

[[Page 39436]]

                                                                                                                                                        
\2\ 1 hour standard Not Applicable.                                                                                                                     

* * * * *
    3. In Sec. 81.318, the table entitled ``Kentucky-Ozone (1-Hour 
Standard)'' is amended by revising the entry for ``Morgan County Area'' 
to read as follows:


Sec. 81.318  Kentucky.

* * * * *

                                                            Kentucky-Ozone (1-Hour Standard)                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification                    
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                              Date                        Type                      Date \1\                      Type                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Morgan County Area:                                                                                                                                     
    Morgan County.......................      7-22-98  1 hr.std.N.A.\2\2........................  ...........  .........................................
                                                                                                                                                        
                  *                  *                  *                  *                  *                  *                  *                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5,1998, unless otherwise noted.                                                                                                   
\2\ 1 hour standard Not Applicable.                                                                                                                     

* * * * *
    4. In Sec. 81.323, the table entitled ``Michigan-Ozone (1-Hour 
Standard'' is amended by revising the entries for ``Detroit-Ann Arbor 
Area'' and ``Grand Rapids Area'' to read as follows:


Sec. 81.323  Michigan.

* * * * *

                                                            Michigan-Ozone (1-Hour Standard)                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification                    
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Detroit-Ann Arbor Area:                                                                                                                                 
    Livingston County...................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
    Macomb County.......................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
    Monroe County.......................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
    Oakland County......................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
    St. Clair County....................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
    Washtenaw County....................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
    Wayne County........................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Grand Rapids Area:                                                                                                                                      
    Kent County.........................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
    Ottawa County.......................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
                                                                                                                                                        
                  *                  *                  *                  *                  *                  *                  *                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.                                                                                                  
\2\ 1 hour standard Not Applicable.                                                                                                                     

* * * * *
    5. In Sec. 81.333, the table entitled ``New York-Ozone (1-Hour 
Standard'' is amended by revising the entry for ``Poughkeepsie Area'' 
and revising footnote 2 to read as follows:


Sec. 81.333  New York.

* * * * *

                                                            New York-Ozone (1-Hour Standard)                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification                    
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Poughkeepsie Area:                                                                                                                                      
    Dutchess County.....................      7-22-98  1 hr.std.N.A.\3\.........................  ...........  .........................................
    Orange County (remainder)...........      7-22-98  1 hr.std.N.A.\3\.........................  ...........  .........................................
    Putnam County.......................      7-22-98  1 hr.std.N.A.\3\.........................  ...........  .........................................
                                                                                                                                                        
              *                      *                    *                  *                    *                  *                  *               
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\1\ This date is June 5, 1998, unless otherwise noted.                                                                                                  
\2\ 1 hour standard Not Applicable for the remainder of Orange Co.                                                                                      
\3\ 1 hour standard Not Applicable.                                                                                                                     


[[Page 39437]]

* * * * *
    6. In Sec. 81.336, the table entitled ``Ohio-Ozone (1-Hour 
Standard)'' is amended by revising the entry for ``Dayton-Springfield 
Area'' to read as follows:


Sec. 81.336  Ohio.

                                                              Ohio-Ozone (1-Hour Standard)                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification                    
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Dayton-Springfield Area:                                                                                                                                
    Clark County........................      7-22-98  1 hr.std. N.A.\2\........................  ...........  .........................................
    Greene County.......................      7-22-98  1 hr.std. N.A.\2\........................  ...........  .........................................
    Miami County........................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
    Montgomery County...................      7-22-98  1 hr.std.N.A.\2\.........................  ...........  .........................................
                                                                                                                                                        
                *                  *                  *                  *                  *                    *                    *                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.                                                                                                  
\2\ 1 hour standard Not Applicable.                                                                                                                     

* * * * *
[FR Doc. 98-19388 Filed 7-21-98; 8:45 am]
BILLING CODE 6560-50-P