[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20172]


[[Page Unknown]]

[Federal Register: August 17, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[WI44-01-6426a; FRL-5053-5]

 

Designation of Areas for Air Quality Planning Purposes; 
Wisconsin; Redesignation of Oshkosh, WI, to Attainment for Carbon 
Monoxide

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA redesignates Oshkosh, Wisconsin from unclassifiable 
to attainment status for carbon monoxide. The State of Wisconsin 
requested this redesignation and provided the necessary monitoring data 
for USEPA to approve the change. The redesignation has no substantive 
effect because unclassifiable areas are subject to the same 
requirements as attainment areas. Elsewhere in this Federal Register, 
USEPA is proposing approval of and soliciting public comment on this 
redesignation. If adverse comments are received in the time period 
specified below, USEPA will withdraw this final rule and address the 
comments in a subsequent final rule.

DATES: This final rule will be effective October 17, 1994 unless notice 
is received within 30 days of this publication that someone wishes to 
submit adverse comments. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief, 
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    Copies of the redesignation request and USEPA's analysis are 
available for inspection at the U.S. Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. (It is recommended that you telephone Megan 
Beardsley at (312) 886-0669 before visiting the Region 5 Office.)
    A copy of this SIP revision is also available at the Office of Air 
and Radiation, Docket and Information Center (Air Docket 6102), room 
M1500, U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Megan Beardsley, Environmental 
Scientist, Regulation Development Section, Air Toxics and Radiation 
Branch (AT-18J), U.S. Environmental Protection Agency, Region 5, 
Chicago, Illinois 60604, (312) 886-0669.

SUPPLEMENTARY INFORMATION:

I. Background

    In November 1991, USEPA designated Oshkosh, Wisconsin as an 
unclassifiable area for carbon monoxide (56 FR 56850) because the 
available air quality data was not representative of air quality at the 
date of enactment of the 1990 Clean Air Act Amendments. Exceedances of 
the National Ambient Air Quality Standards (NAAQS) for carbon monoxide 
had been recorded in Oshkosh, Wisconsin in late 1988 and early 1989, 
but the emissions causing the exceedances were brought under control 
later in 1989. These controls were approved by USEPA and incorporated 
into the State Implementation Plan on October 8, 1992 (57 FR 46309).
    Wisconsin's current request, submitted on April 7, 1994, is to 
change the designation of Oshkosh from unclassifiable to attainment 
based on recent ambient air quality measurements.

II. Evaluation of State Submission

A. Procedural Background

    Redesignation requests are processed under section 107(d)(3) of the 
Clean Air Act (the Act). While section 107(d)(3)(E) specifies a number 
of requirements for areas requesting redesignation from nonattainment 
to attainment, the redesignation of unclassifiable areas is not 
explicitly addressed. However, the general criteria governing 
designations, set forth in section 107(d)(1)(A), do apply. Therefore, 
to qualify an unclassified area for redesignation to attainment, the 
State must show that the area has attained the relevant standard.
    For a carbon monoxide area to be designated as attainment for a 
pollutant, it must meet the NAAQS for that pollutant (40 CFR part 50), 
based on the most recent two years of data. In its redesignation 
request, Wisconsin submitted carbon monoxide data for Oshkosh from 
January 24, 1992 to January 31, 1994 (when the monitor was shut down). 
Wisconsin collected the air quality data as required in the 1992 SIP 
revision and under procedures in accordance with the USEPA's monitoring 
requirements set forth in 40 CFR part 58. This data has been entered 
into USEPA's Aerometric Information Retrieval System (AIRS) and is 
summarized in USEPA's Technical Support Document for this action (M. 
Beardsley to Files, July 20, 1994). The data show that Oshkosh is well 
under the NAAQS for carbon monoxide concentrations and, thus, meets the 
requirements for attainment status.

C. Action

    The USEPA redesignates the City of Oshkosh, Wisconsin from 
unclassifiable to attainment for carbon monoxide.
    Because USEPA considers this action noncontroversial, we are 
approving it without prior proposal. This action will become effective 
on October 17, 1994. However, if we receive adverse or critical 
comments by September 16, 1994, USEPA will publish a document that 
withdraws today's action and will address all public comments in a 
subsequent final rule based on the proposal published in the proposed 
rule section. The public comment period will not be extended or 
reopened.

IV. Miscellaneous

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Exectutive Order 12866 review.

B. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
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, USEPA 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.
    This redesignation does not create any new requirements. Therefore, 
I certify that this action does not have a significant impact on any 
small entities affected.

D. 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 October 17, 1994. 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)).

List of Subjects in 40 CFR Part 81

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

    Dated: August 1, 1994.
Valdas V. Adamkus,
Acting Regional Administrator.

    For the reasons stated in the preamble, part 81, 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. 81.350 the attainment status of designation table for 
carbon monoxide is amended by revising the entries for ``Adams 
County'', ``Waushara County'', ``Winnebago County'', and ``Wood 
County'' to read as follows:


Sec. 81.350  Wisconsin.

* * * * * 

                                                               Wisconsin--Carbon Monoxide                                                               
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                                                          Designation                                               Classification                      
         Designated area         -----------------------------------------------------------------------------------------------------------------------
                                          Date\1\                         Type                            Date\1\                         Type          
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                                                                         *******                                                                        
Adams County....................  ........................  Unclassifiable/Attainment.......                                                            
                                                                                                                                                        
                                                                                                                                                        
                                                                         *******                                                                        
Waushara County.................  ........................  Unclassifiable/Attainment.......                                                            
Winnebago County................  September 16, 1994......  Unclassifiable/Attainment.......  September 16, 1994..............                          
Wood County.....................  ........................  Unclassifiable/Attainment ......                                                            
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\1\This date is November 15, 1990, unless otherwise noted.                                                                                              

[FR Doc. 94-20172 Filed 8-16-94; 8:45 am]
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