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Citation: 69 Fed. Reg. 34076 2004

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### Federal Register/Vol. 69, No. 117/Friday, June 18, 2004/Rules and Regulations

17, 2002, is adopted as a final rule without change.

[FR Doc. 04-13764 Filed 6-17-04; 8:45 am]

BILLING CODE 8320-01-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81 [OAR-2003-0083; FRL-7775-5]

AirQuality Designations and Classificationsfor the 8-Hour Ozone; National Ambient AirQuality Standards; Deferral of Effective Date

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: The EPA is granting a deferral ofthe effective date, to September 13, 2004, ofthe 8-hour ozone nonattainment designation for Clark County, Nevada. This deferral isbased

on additional information submittedby the State demonstrating that, due tothe late finding ofnonattainment in the State, the State did not have sufficient time to recommend an appropriate boundary for the Las Vegas nonattainment area. EPAbelieves the relevant factors for defining a nonattainment area may support a different boundary recommendation than the one submitted by the State on April 12, 2004, and a short deferral will provide the State andEPA time to determine whether such an adjustment is appropriate. Atthe same time, itis certain that at least some portion of Clark County will be designated nonattainment. As such, we do not intend touse this extension of the effective date ofthe designation to affect the deadline for submittal ofthe State implementation plan thatwould otherwise apply ifthe effective date

were not deferred and furtherbelieve the extension should not delay attainment ofthe ozone standard or the ability ofthe State to achieve attainment

as expeditiously as practicable. DATES: EffectiveDate:This final ruleis effective on June 15, 2004. ADDRESSES: The EPA has established dockets for this action under Docket ID No. OAR-2003-0083 (Designations). All documents in the docket are listed in the EDOCKET index at http:// www.epa.gov/edocket.Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet andwill be publicly available only in hard copy form. Publicly available docket materials are available either electronically inEDOCKET or in hard copy at the Docket, EPA/DC, EPAWest, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room isopen from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Office ofAir and Radiation Docket and Information Center is (202) 566-1742. In addition,

we have placed a copy ofthe rule and

avariety ofmaterials regarding designations on EPA's designation Web site at: http://www.epa.gov/oar/oaqpsl glo/designations and on the Tribal Web site at: http://www.epa.gov/air/tribal. In addition,the public may inspect the rule andtechnical support atthe following locations:

U.S. Environmental Protection Agency, Region 9, Air Division, Planning Office, 75 Hawthorne Street, SanFrancisco, California 94105.
FOR FURTHER INFORMATION CONTACT: Steven Barhite, Chief,Planning Office, Air Division, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105. The telephone number is (415) 972-3980. Mr. Barhite can also be reached via electronic mail at barhite.steven@epa.gov.

SUPPLEMENTARY INFORMATION:

I. WhatAction Is EPA Taking Today?

The EPAis deferring the effective date ofthe nonattainment designation for Clark County, Nevada (County). This action modifies the effective date for Clark Countyprovided in our final 8- hour ozone designations rule published April 30, 2004. 69 FR 23858. In that final rule we noted that the effective date for the Clark County nonattainment designation would be June 15, 2004. See 69 FR at 23919-20 (revising 40 CFR §81.329). With today's action, the new effective date for the County's nonattainment designation will be September 13, 2004. We are not changing the designation ofthe County
atthis time, but, as explained below, believe the deferral is necessary to allow the State ofNevada (State) to account for newly discovered information and accurately define the appropriate nonattainment area boundaries.

II. What Is the Background for This Action?
OnApril 15, 2004, theEPA Administrator signed a final rule announcing designations under the 8- hour ozone national ambient air quality standards (NAAQS).' In that action we designated Clark County as nonattainment andprovided thatthis designation would become effective on June 15, 2004. Since thatnotice, the State has submitted additional information explaining thatthe State's recommendation on the area to be designated nonattainment shouldbe reconsidered and that such an evaluation was not possible prior to EPA'sApril 15, 2004 deadline for signing the 8-hour ozone designations. Letter from Allen Biaggi, Administrator, Nevada Division ofEnvironmental Protection, to Michael 0. Leavitt, Administrator, U.S. Environmental Protection Agency (June9, 2004).2 In the June 9, 2004 letter the State explains thatit did not have time tomake an appropriate recommendation regarding the boundaries ofthe nonattainment

area in Clark Countybecause itwas not discovered until late February 2004 that any portion ofNevada would be designated nonattainment.

The unusual history ofthe Clark County designation supports the State's claim. In July 2003, the State submitted itsrecommended designations for the 8- hour ozone designations. See letter from Allen Biaggi, Administrator, Nevada Division ofEnvironmental Protection, to Wayne Nastri, Regional Administrator, U.S. EPA, Region IX (July 10, 2003). Based onthe monitoring dataprovided
to the State forthe period of2000 through 2002, the State concluded that all monitors within the State were showing compliance with the 8-hour

ozone NAAQS. On December 3, 2003, EPA agreed with the State's recommendation not to designate any Nevada area as nonattainment forthe 8- hour ozone standard. See Letter from Wayne Nastri, Regional Administrator, U.S. EPA, Region IX, toHon. Kenny C. Guinn, Governor ofNevada (December 3, 2004). In thatletter EPA noted that the final designation determination wouldbe based on monitoring data and design values for the period 2001 through 2003, but that based on our preliminary review ofthe airquality monitoring data for the 2003 ozone season, there were no areas in Nevada violating the 8-hour ozone standard. Id. In mid-February 2004, EPA discovered thatthe July 10, 2003 recommendation fromthe State had failed to include

' This signature date was a deadline forEPA actionin accordance with a consent decree. The finalrule was published on April 30, 2004. 69 FR 23875.

2This letter supplements anearlier letter dated May 21, 2004, from Governor Kenny C. Guinn to Administrator Leavitt. 

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complete monitoring data for 2001. This overlooked data, in combination with the new 2003 data, resulted in a 2001- 03 design value over the applicable standard at one ofthe monitors (Joe Neal) in theLas Vegas area ofClark County. EPA contacted the State and described that,by default, the metropolitan statistical area (MSA) that included Clark and Nye Counties in Nevada and Mohave County in Arizona shouldbe recommended for designation

as nonattainment. Arizona and Nevada

were able to prepare an analysis of the

ozone problem in the area that supported the exclusion ofNye and Mohave Counties from the nonattainment area. See Letter from Allen Biaggi, Administrator, Nevada Division ofEnvironmental Protection, to Wayne Nastri, Regional Administrator, U.S. EPA, Region IX (April 12, 2004) (transmittingNevada Division of Environmental Protection (NDEP) report entitled "Nevada Air Quality Designations and Boundary Recommendations for the 8-Hour Ozone National Ambient Air Quality Standard" (March 26, 2004)); Letter from Stephen A. Owens, Director, Arizona Department ofEnvironmental Quality, to Wayne Nastri, Regional Administrator, U.S. EPA, Region IX (March 26, 2004) (transmitting report entitled "Arizona Boundary Recommendations for the 8-Hour Ozone National Ambient Air Quality Standard" (March 26, 2004)). As a result, three days before the EPA deadline for making designations, the State recommended that Clark County be designated nonattainment. Id.As the State has subsequently explained, had NDEP and Clark County discovered earlierthat the County shouldbe designated nonattainment, itwould have further analyzed the appropriate boundaries within the 8000-square mile County for the nonattainment area. Given the late discovery, however, the State and County could not provide the necessary analysis and defaulted to the County boundaries.3 Given the size of the County, the geographic features of the area, the location of sources and the monitoring data collected in the outlyingportions ofthe County, it is reasonable to conclude thatfurther analysis couldhave supported an alternate boundary for the nonattainment area.

In the June 9, 2004 letter, the State further explains why the missing

3 The May 21, 2004 letter from Governor Guinn and the June 9, 2004 letter from AllenBiaggi both
note that the State has contracted with the Desert Research Institute to assistin assessing the appropriate boundaries. monitoring data were not discovered until late February, 2004. The monitoring data in question are from the

new Joe Neal monitoring station,which began operation in 2000. As aresult, it

was not until the end of2003 thatthree complete years ofdatawere available
upon which to calculate a design value. The State's recommendation had not included the 2003 data, so ithad not focused attention onthis monitor because, at the time, ithad mistakenly assumed the monitor had not been in existence long enough tohave an effect

on design values. According tothe State, the State andCounty had an expectation thatthe 2001 datawould
not affectthe design value for the 8-hour

ozone designation. SeeJune 9 Letter from Allen Biaggi. The County apparently did not realize certain 2001 datahad not been added to the Air Quality System-the systemused to support the designation recommendations. Management at the County and State, andwithin EPA, looking at the monitoring data in the Air Quality System could not see that additional datawere available that would have changed the designation conclusion. The State andCounty have demonstrated to our satisfaction that until late February 2004, they were not

aware that the area should be designated nonattainment and, as noted above, by that time did not have time to adequately evaluate the appropriate boundaries for the nonattainment area.
III. What Action Is EPA Taking To Defer the Effective Date of Nonattainment Designations for Clark County?

Effective June 15, 2004, EPA will defer until September 13, 2004, the effective date ofnonattainment designations for Clark County, Nevada by modifying 40 CFR 81.329. EPAis making this change without notice and
comment in accordance with section 107(d)(2) ofthe Clean Air Act, which exempts the promulgation ofthese designations from the notice and
comment provisions ofthe Administrative Procedure Act.

We are making this deferral action effective on June 15, 2004, which is the date the nonattainment designation would otherwise become effective. Section 553(d) ofthe Administrative Procedure Act generally provides that rulemakings shall not be effective less than 30 days afterpublication unless the agency finds good cause for an earlier date. 5U.S.C. 553(d)(3). EPA is invoking the good cause exception tomake the effective date oftoday's action June 15, 2004. This notice explains why the
current effective date ofthe nonattainment designation for Las Vegas shouldbe deferred. Today's action must take effect byJune 15, 2004 in order to achieve that deferral and avoid unnecessary confusion.

EPA does not intend to extend the deadline for state implementation plan submission for the Las Vegas nonattainment area. EPAwill address this deadline in a subsequent action but believes itisreasonable torequire submission according to the same schedule to which the area would be subject without today's deferral ofthe effective date. Likewise, the time by which attainment occurs shouldnot be affected by this action. Today's deferral ofthe designation effective date should not delay the attainment ofthe 8-hour

ozone NAAQS because itis clear a core

area will still be designated nonattainment and attainment is required as expeditiously as practicable.

IV.Final Action

The EPA is deferring the effective date
to September 13, 2004, ofthe nonattainment designation for Clark County, Nevada, based on additional information submitted by the State. We

are amending 40 CFR §81.329 to reflect the modified effective date for the County.

V. Statutory andExecutive Order Reviews

A. Executive Order12866:Regulatory Planning andReview
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 ofManagement and Budget (OMB) review and the requirements ofthe Executive Order. The Order defines "significant regulatory action" as one that is likely
to result in a rule thatmay: (1)Have an annual effect onthe economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; (2)create

a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan
programs orthe rights and obligations of recipients thereof; or (4) raise novel legal orpolicy issues arising out oflegal mandates, the President's priorities, or the principles set forth in the Executive Order. Pursuant to the terms of Executive Order 12866, it has been determined thatthis rule is not a

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"significant regulatory action" because

none ofthe above factors applies. As such, this final rule was notformally submittedto OMB for review.

B. Paperwork ReductionAct
This action does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act, 44 U.S.C. 3501 etseq. This rule changes the effective date ofa nonattainment designation for Clark County, Nevada thatwas promulgated

onApril 15, 2004. The present final rule does not establish any new information collection burden apart from that required bylaw. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to orfor a Federal agency. This includes the time needed to review instructions; develop, acquire, install, andutilize technology and systems for the purposes ofcollecting, validating, andverifying information, processing andmaintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions andrequirements; train personnel tobe able to respond to a collection of information; search data sources; complete and review the collection of information; andtransmit orotherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection ofinformation unless it displays a currentlyvalid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C.RegulatoryFlexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency to prepare

aregulatory flexibility analysis ofany rule subject to notice and comment rulemaking requirements under the Administrative Procedures Act or any other statute unless the agency certifies the rule will not have a significant economic impact on a substantial number ofsmall entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes ofassessing the impacts oftoday's final rule on small entities, small entity is defined as: (1)A small business that is a small industrial entity as defined in the U.S. Small Business Administration (SBA) size standards. (See 13 CFR 121.); (2)a small governmental jurisdiction thatis a government ofacity, county, town, school district or special districtwith a population ofless than 50,000; and (3)

a small organization that is any not-forprofit enterprise which is independently owned and operated andis not dominant in its field. This rule defers the effective date ofthe nonattainment designation. The deferral ofthe effective date will not impose any requirements

on small entities. After considering the economic impacts oftoday's final rule

on small entities, Icertify that this rule will not have a significant economic impact on a substantial number of small entities.

D. UnfundedMandatesReform Act

Title II ofthe Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, andTribal governments andthe private
sector. Under section 202 ofthe UMRA, EPA generally must prepare awritten statement, including a cost-benefit analysis, for proposed and final rules with "Federal mandates" that may result in expenditures to State, local, andTribal governments, in the aggregate, orto theprivate sector, of $100 million or more in any 1year. Before promulgating an EPArule for which a written statement is needed, section 205 ofthe UMRA generally requires EPA to identify and consider a reasonable number ofregulatory alternatives and adopt the least costly,
most cost-effective or leastburdensome alternative that achieves the objectives oftherule. The provisions ofsection 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPAto adopt an alternative otherthan the least costly, most cost-effective orleast burdensome alternative ifthe Administrator publishes with the final rule an explanation why that alternative

was not adopted. Before EPA establishes any regulatory requirements that may significantly oruniquely affect small governments, including Tribal governments, it must have developed under section 203 ofthe UMRA a small government agency plan.The plan must provide for notifying potentially affected smallgovernments, enabling officials of affected small governments to have meaningful andtimely input in the development ofEPAregulatory proposals with significantFederal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. Today's final action does not include a Federal mandate within the meaning ofUMRA that may result in expenditures of$100 million ormore in any 1year by either State, local, or Tribal governments in the aggregate orto theprivate sector, and therefore, is not subject to the requirements ofsections 202 and 205 of the UMRA. Itdoes not create any additional requirements beyond those of the 8-hour NAAQS for ozone (62 FR 38894; July 18, 1997), therefore, no UMRA analysis is needed. In this rule, EPAis deferring the effective date of nonattainment designation for Clark County, Nevada. The EPAbelieves that

no new controls will be imposed as a result ofthis action. Thus,this Federal action will not impose mandates that will require expenditures of $100 million or more in the aggregate in any 1year.
E.Executive Order13132:Federalism

Executive Order 13132, entitled "Federalism" (64 FR43255, August 10, 1999), requires EPA to develop an accountable process to ensure 'meaningful and timely input by State and local officials in the development of regulatory policies that havefederalism implications." "Policies thathave federalism implications" is defined in the Executive Order to include regulations that have "substantial direct effects on the States, onthe relationship between the national government and the States, or onthe distribution of
power and responsibilities among the various levels ofgovernment." This final rule does nothave federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132. The CAA establishes the scheme whereby States take the lead in developing plans to meetthe NAAQS. This rule will not modify therelationship ofthe States and EPAfor purposes ofdeveloping programs to implement the NAAQS. Thus, Executive Order 13132 does not apply tothis rule.

F. Executive Order13175:Consultation andCoordinationwithIndianTribal Governments

Executive Order 13175, entitled "Consultation and Coordination with Indian Tribal Governments" (65FR 67249, November 9, 2000), requires EPA
to develop an accountable process to

ensure "meaningful and timely input by tribal officials inthe development of regulatory policies that havetribal implications." This final rule does not have "Tribal implications" as specified in Executive Order 13175. This rule

concerns the deferral ofthe effective date ofthe nonattainment designation for Clark County, Nevada. This final 

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rule does not have Tribal implications

as defined by Executive Order 13175. It does not have a substantial direct effect

on one or more Indian Tribes, since no Tribe has implemented a CAAprogram to attain the 8-hour ozone NAAQS at this time. Furthermore, this rule does
not affect the relationship or distribution ofpower and responsibilities between the Federal government and Indian Tribes. The CAA and the TAR establish the relationship ofthe Federal government andTribes in developing plans to attain the NAAQS, andthis rule does nothing
to modify thatrelationship. Because this rule does not have Tribal implications, Executive Order 13175 does not apply. Although Executive Order 13175 does
not apply to this rule,prior to designations action promulgated on April 15, 2004, EPA did outreach to Tribal representatives regarding the designations. The EPA supports a national "Tribal Designations and Implementation Work Group" which provides an open forum for all Tribes to voice concerns to EPA about the designation and implementation process for the NAAQS, including the 8-hour

ozone standard. These discussions informed EPA about key Tribal concerns regarding designations asthe rule was under development.

G.Executive Order13045:Protectionof ChildrenFromEnvironmentalHealth andSafetyRisks

Executive Order 13045: "Protection of Children From Environmental Health and SafetyRisks" (62 FR 19885, April 23, 1997) applies to any rule that (1)is determined to be "economically significant" as defined under Executive Order 12866, and (2)concerns an environmental health or safety risk that EPA hasreason tobelieve may have disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective andreasonably feasible alternatives considered by the Agency. The final rule is not subject to Executive Order 13045 because itis not economically significant as defined in Executive Order 12866, and because the Agency does not have reason tobelieve the environmental health risks or safety risks addressed by this rule present a disproportionate risk to children. Nonetheless, we have evaluated the environmental health or safety effects of the 8-hour ozone NAAQS on children. The results ofthis risk assessment are contained the National Ambient Air Quality Standards for Ozone, Final Rule (62 FR 38855-38896, July 18, 1997; specifically, 62 FR 38854, 62 FR 38860 and 62 FR 38865).

H. Executive Order13211:ActionsThat Significantly Affect EnergySupply, Distribution,or Use

This rule is not subject to Executive Order 13211, "Actions That Significantly Affect Energy Supply, Distribution, orUse," (66 FR 28355, May 22, 2001) because it is not a significantregulatory action under Executive Order 12866. Information on the methodology and dataregarding the
assessment ofpotential energy impacts is found in Chapter 6 ofU.S. EPA 2002, Cost, Emission Reduction, Energy, and Economic Impact Assessment ofthe Proposed Rule Establishing the Implementation Framework for the 8- Hour, 0.08ppm Ozone National Ambient Air Quality Standard, prepared by the Innovative Strategies and Economics Group, Office ofAir Quality Planning and Standards, Research Triangle Park, NC, April 24, 2003.

L NationalTechnologyTransfer AdvancementAct
Section 12(d) ofthe National Technology Transfer Advancement Act of1995 (NTTAA), Public Law No. 104- 113, section 12(d) (15 U.S.C. 272 note) directs EPAto use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary

consensus standards are technical standards (e.g., materials specifications,
test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPAto provide Congress, through OMB, explanations when the Agency decides not touse available and applicable VCS. This action does not involve technical standards. Therefore, EPA did not considerthe use ofany VCS.

J.Congressional ReviewAct
The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of1996, generally provides that before a rule may take effect, the
agencypromulgating the rule must submit arule report, which includes a copy ofthe rule,to each House ofthe Congress and tothe Comptroller General ofthe United States. The EPA will submit areport containing this rule and otherrequired information to the U.S. Senate, the U.S. House of Representatives, andthe Comptroller General ofthe United States on or before the effective date ofthis rule. A major rule cannot take effect until 60 days after it ispublished in the Federal Register. This action is not a "major rule" as definedby 5U.S.C. 804(2). This rule willbe effective June 15, 2004.

K.Judicial Review
Section 307(b)(1) ofthe CAA indicates which Federal Courts ofAppeal have

venue for petitions ofreview offinal actions by EPA. This Section provides, in part, thatpetitions for review must be filed in the Court ofAppeals for the District ofColumbia Circuit (i) when the agency action consists of "nationally applicable regulations promulgated, or final actions taken, by the Administrator," or (ii)when such action is locally orregionally applicable, if "such action isbased on a determination ofnationwide scope or effect and ifin taking such action the Administrator finds and publishes that such action isbased on such a determination." The rule designating

areas for the 8-hour ozone standard was "nationally applicable" within the meaning ofsection 307(b)(1) since it established designations for all areas of the United States for the 8-hour ozone NAAQS. Since this final action defers the effective date ofone ofthe designations made in that nationwide rulemaking, any petitions for review
mustbe filed in the Court ofAppeals for the District ofColumbia Circuit.At the

core ofthe designations rulemaking is EPA'sinterpretation ofthe definition of nonattainment under section 107(d)(1) ofthe CAA.In determining which areas shouldbe designated nonattainment (or conversely, should be designated unclassifiable/attainment), EPAused a set of 11 factors thatit applied consistently across the United States. Forthe same reasons, the Administrator also determined that the final designations are ofnationwide scope and effect forpurposes ofsection 307(b)(1). Thisis particularly appropriate because in the report on the 1977 Amendments thatrevised section 307(b)(1) ofthe CAA, Congress noted thatthe Administrator's determination that an action is of "nationwide scope
or effect" would be appropriate for any action that has "scope or effectbeyond

a singlejudicial circuit." H.R. Rep. No. 95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect ofthe designations rulemaking extend tonumerous judicial circuits since the designations apply to all areas ofthe country. In these circumstances, section 307(b)(1) and its legislative history calls for the Administrator to find the rule tobe of "nationwide scope or effect" and for 

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venue tobe in the D.C. Circuit. Thus, any petitions for review ofthis final action must be filed in the Court of Appeals for the District ofColumbia Circuit within 60 days from the date final action ispublished in the Federal Register.

List ofSubjects in 40 CFRPart 81

Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: June 14, 2004. Michael 0.Leavitt, Administrator.

* Forthe reasons setforth inthe preamble, 40 CFR part 81 is amended as follows:

PART 81-[AMENDED]

m 1. The authority citation for part 81 continues to read asfollows: Authority: 42 U.S.C. 7401 et seq. Subpart C-[Amended]

* 2.In §81.329, the table entitled "Nevada-Ozone (8-Hour Standard)" is amended by revising the entry for "Clark County" to read as follows:
§81.329 Nevada.

NEVADA-OZONE (8-HOUR STANDARD)

Designation a Category/classification Designated area Date 1 Type Date 1 Type

Las Vegas, NV: Clark County

................................................. (2) Nonattainment

............... (2) Subpart 1.

a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted.

2 Effective date deferred until September 13, 2004.

[FR Doc. 04-13851 Filed 6-17-04; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81
[OAR-2003-0083-1; FRL-7774-8]

AirQuality Designations and Classificationsfor the 8-Hour Ozone; National Ambient AirQuality Standards; Early Action Compact Areas With Deferred Effective Dates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is granting a deferral ofthe effective date, to September 30, 2005, ofthe nonattainment designation for Hamilton and Meigs Counties, Tennessee, and Catoosa County, Georgia, based on additional information submittedby this area. The basis for this action is an updated modeling analysis completed by this

area that demonstrates attainment ofthe 8-hour ozone National Ambient Air Quality Standards (NAAQS)by December 31, 2007. In addition, in a letter dated May 27, 2004, from the Mayors ofthe City ofChattanooga and Hamilton County to EPA, the area has fully committed to adopt and implement additional local measures on

a schedule consistent with requirements for Early Action Compact (EAC) areas. These measures are also included in the updated modeling analysis. DATES: EffectiveDate:This final rule is effective on June 15, 2004. ADDRESSES: The EPA has established dockets for this action under Docket ID No. OAR-2003-0083 (Designations) and OAR-2003-0090 (Early Action Compacts). All documents in the docket

are listed in the EDOCKET index at http://www.epa.gov/edocket.Although listed in the index, some information is
not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet andwill be publicly available only in hard copy form. Publicly available docket materials are available either electronically inEDOCKET or in hard
copy at the Docket, EPA/DC, EPAWest, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room isopen from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Office ofAir and Radiation Docket and Information Center is (202) 566-1742. In addition,

we have placed a copy ofthe rule and

avariety ofmaterials regarding designations on EPA's designation Web site at: http://www.epa.gov/oar/oaqpsl glo/designations and on the Tribal Web site at: http://www.epa.gov/air/tribal. Materials relevant to EAC areas are on EPA's Web site at: http://www.epa.govl ttn/naaqs/ozone/eac/ w1040218_eac resources.pdf. In addition,the public may inspect the rule andtechnical support atthe following locations: Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
FOR FURTHER INFORMATION CONTACT: Dick Schutt, Regulatory Development Section, AirPlanning Branch, Air, Pesticides and Toxics Management Division,U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9033. Mr. Schutt can also be reached via electronic mail at schutt.dick@epa.gov. SUPPLEMENTARY INFORMATION:

I.WhatAction Is EPATaking Today?

The EPA isreinstating the EAC and deferring the effective date ofthe nonattainment designation for Hamilton County, TN; Meigs County, TN; and Catoosa County, GA, as aresult of additional measures being taken by Chattanooga to improve air quality in the area. The additional measures being implemented in Hamilton County include a seasonal open burning ban and avehicle inspection and maintenance program (I/Mprogram). These measures havebeen included in the area's modeling demonstration and result in modeled attainment by December 2007.

II.What Isthe Background forThis Action?

The EPA entered into EACs with 33 communities on December 31, 2002, including the Chattanooga, TN-GA area. This area successfully completed the 34080

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