[Federal Register Volume 64, Number 110 (Wednesday, June 9, 1999)]
[Rules and Regulations]
[Pages 30911-30917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14595]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[FRL-6344-4]


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Standard and to Which the 1-Hour Standard is No Longer Applicable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.

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SUMMARY: On December 17, 1998, the EPA published a proposal to identify 
ten additional ozone areas where the 1-hour standard is no longer 
applicable. The 30-day comment period ended on January 19, 1999. A 
total of six comment letters were received in response to the proposal. 
This final rule summarizes the comments, includes responses, and 
finalizes the determination that the 1-hour standard no longer applies 
for ten additional areas identified in this final rule. Furthermore, 
today's final rule stops any sanctions or Federal implementation plan 
(FIP) clocks that may have been started in these ten areas and that 
related to the planning requirements of section 182. With finalization 
of this rule, the Code of Federal Regulations (CFR) is amended to 
reflect such changes. On July 18, 1997, EPA provided by rule that the 
1-hour ozone standard would no longer apply to an area based on an EPA 
determination that the area has attained that standard. Since the 1-
hour standard no longer applies to these areas, designations for that 
standard also no longer apply. The 1-hour standard and designations for 
that standard will continue to apply to areas for which EPA has not 
made a determination through rulemaking. The EPA has promulgated final 
rules regarding the applicability of the 1-hour standard for other 
areas on June 5, 1998 and July 22, 1998. The ten additional areas 
identified in today's final rule where EPA has determined the 1-hour 
standard no longer applies, based on the most recent air quality data 
available from 1996-1998, are: Boston-Lawrence-Worcester (E.MA), 
Massachusetts-New Hampshire; Memphis, Tennessee; Muskegon, Michigan; 
Portland, Maine; Portsmouth-Dover-Rochester, New Hampshire; Providence 
(All RI), Rhode Island; Allegan County, Michigan; Oceana County, 
Michigan; Mason County, Michigan; Door County, Wisconsin.

EFFECTIVE DATE: This action will be effective June 9, 1999.

ADDRESSES: Copies of the public comments and EPA's responses are 
available for inspection at the following address: Air and Radiation 
Docket and Information Center (6101), Attention: Docket No. A-98-48, 
U.S. Environmental Protection Agency, 401 M Street SW, Room M-1500, 
Washington, DC 20460, telephone (202) 260-7548, between 8:00 a.m. and 
5:30 p.m., Monday through Friday, excluding legal holidays. A 
reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Questions concerning this final rule 
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 I--Richard P. Burkhart, (617) 918-1664
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-98-48 (including comments and data 
submitted electronically as described below). A public version of this 
record, including printed, paper versions of electronic comments, which 
does not include any information claimed as confidential business 
information, is available for inspection from 8:00 a.m. to 5:30 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. Final Rulemaking Action
V. Other Regulatory Requirements
    A. Executive Order 12866: Regulatory Impact Analysis
    B. Regulatory Flexibility Act
    C. Unfunded Mandates
    D. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    E. Executive Order 12875: Enhancing the Intergovernmental 
Partnership
    F. Executive Order 13084: Consultation and Coordination With 
Indian Tribal Governments
    G. Paperwork Reduction Act
    H. Executive Order 12898: Environmental Justice
    I. National Technology Transfer and Advancement Act
    J. Submission to Congress and the General Accounting Office

I. Background

    On July 16, 1997, President Clinton 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

[[Page 30912]]

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.
    Again, on July 22, 1998, the EPA published a final rule to approve 
the identification of six additional ozone areas attaining the 1-hour 
standard and to which the 1-hour standard no longer applies (63 FR 
39432).
    On December 17, 1998, the EPA published a proposal to approve the 
identification of ten additional ozone areas attaining the 1-hour 
standard and to which the 1-hour standard is no longer applicable (63 
FR 69598). Comments were received on the proposal during the comment 
period ending on January 19, 1999.

II. Summary of Today's Action

    The purpose of this document is to respond to comments received on 
the December 17th proposed rule and finalize the identification of the 
ten 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: Boston-Lawrence-
Worcester (E.MA), Massachusetts-New Hampshire; Memphis, Tennessee; 
Muskegon, Michigan; Portland, Maine; Portsmouth-Dover-Rochester, New 
Hampshire; Providence (All RI), Rhode Island; Allegan County, Michigan; 
Oceana County, Michigan; Mason County, Michigan; Door County, 
Wisconsin.

III. Public Comments and EPA Responses

    The following discussion summarizes and responds to the comments 
received on the proposal published on December 17, 1998 (63 FR 69598).
    Comment: The commenter raised concerns that upon finalization of 
the revocation of the 1-hour standard, the areas would no longer be 
subject to any sanctions or FIP clocks started pursuant to sections 110 
or 179 of the Clean Air Act (CAA) and 40 CFR 52.31 with respect to 
planning requirements under section 182. Furthermore, the commenter 
states that finalization of such revocation actions for Massachusetts, 
New Hampshire, Maine, and Rhode Island pose questions as to the 
validity of the section 126 petitions that have been filed by these 
States. Accordingly, the commenter believes that the section 126 
petitions should be denied and supports today's final rule to revoke 
the 1-hour standard in the listed States' areas where the data 
demonstrate the 1-hour standard has been attained.
    Response: Today's final rule is simply a determination by EPA that 
the 1-hour standard no longer applies in these ten listed areas where 
attainment of the 1-hour standard has been demonstrated. Therefore, it 
does not address the issue of whether section 126 petitions filed on 
behalf of the above States should or should not be granted. Final 
decisions regarding the section 126 petitions, filed by States affected 
by today's action, were promulgated on April 30, 1999. The FIP and 
sanctions obligations under sections 110 and 179 of the CAA are 
triggered with respect to ``required submissions.'' At the time that 
EPA revokes the 1-hour standard for an area, the area is no longer 
designated for that standard and the nonattainment planning 
requirements of section 182, which are exclusively linked to that 
standard are no longer ``required'' for the area. Thus, there is no 
longer a need for EPA to promulgate a FIP for the area or to impose 
sanctions for the purpose of encouraging the State to submit a section 
182 State implementation plan (SIP). The EPA previously has taken this 
identical interpretation of the CAA in the redesignation context. See 
e.g., 62 FR 32204, 32206 (June 13, 1997).
    Comment: Several commenters voiced opposition to the determination 
that the 1-hour standard no longer applies to the ten areas since the 
areas did not follow the redesignation process under section 
107(d)(3)(E) of the CAA, particularly, the requirements for permanent 
and enforceable reductions in emissions and maintenance plans. In 
addition, the commenters believe that EPA's action is arbitrary, 
capricious, an abuse of discretion, and contrary to required 
procedures. They are fearful that important programs such as reasonably 
available control technology and enhanced inspection and maintenance 
may be opposed in certain Ozone Transport Region (OTR) States. 
Moreover, they are concerned that conformity determinations, as 
required under section 176, whereby highway and other transportation 
programs are evaluated based on the area's current and long-term air 
quality goals would no longer be performed due to the lack of 
maintenance plans with definite budgets. They advocate that areas 
should prepare maintenance plans to ensure continued improvement in air 
quality. The commenters also claim that EPA violated the procedural 
requirements of section 307 of the CAA and the Administrative Procedure 
Act. In addition, the commenters assert that this rule is contrary to 
EPA's proposed interim implementation policy on the new or revised 
ozone and particulate matter national ambient air quality standards 
(NAAQS), which was published at the same time as the proposed revision 
to the ozone NAAQS.
    Response: The Agency has previously addressed these concerns in 
earlier final actions on the determination that the 1-hour standard no 
longer applies (i.e., 63 FR 31014, June 5, 1998 and 63 FR 39432, July 
22, 1998). The EPA's final ozone rule, which was promulgated after the 
proposed interim policy, provided EPA's final position on the 
revocation of the 1-hour standard. Therefore, procedurally, EPA is 
acting consistently with its rule establishing the procedure for 
revoking the 1-hour standard. In addition, the commenters are incorrect 
regarding the substance of the proposed interim policy. The commenters 
contend that the proposed interim policy identified a procedure whereby 
areas would need to meet the requirements of section 107(d)(3)(E) as a 
prerequisite to a change in an area's attainment status. In that 
policy, EPA provided that ``designations remain in effect after 
promulgation of the new NAAQS until new designations are undertaken 
after promulgation of the new NAAQS.'' 61 FR 65752, 65754 (Dec. 13, 
1996). The EPA also discussed the ability of areas to seek 
redesignation while the 1-hour standard (and related designations) 
remain in effect, but did not state that the redesignation criteria of 
section 107(d)(3)(E) needed to be met for designations to be removed 
where the 1-hour standard is no longer applicable.
    Comment: Several commenters voiced concerns that today's final rule 
would in effect result in reduction of Federal funds to Massachusetts 
via the Congestion Mitigation and Air Quality Improvement Program 
(CMAQ) since the Massachusetts areas would no longer be in 
nonattainment and would not have a maintenance plan in place. They 
noted that the Federal Highway Administration's Interim CMAQ Guidance 
does not provide for continued funding for areas where the standard is 
revoked, and the Transportation Equity Act for the 21st Century (TEA-
21) does not provide for CMAQ funding for areas under the new 8-hour 
standard. The commenters wish to explore ways to keep CMAQ funding 
under the current and proposed Federal regulations. They offered a 
suggestion

[[Page 30913]]

for remedying the situation which included allowing the State of 
Massachusetts to voluntarily submit a maintenance plan. They believe 
that such a maintenance plan would ensure proper planning for mobile 
source emissions during the transition from the 1-hour standard to the 
8-hour standard.
    Response: The purpose of today's final rule is to determine where 
areas have attained the 1-hour standard. Today's final rule does not 
address eligibility for funding under CMAQ. The EPA acknowledges that 
current transportation policies, as well as the recent TEA-21 
legislation, do not adequately address the issue of continued funding 
under CMAQ. However, EPA does not believe the suggestion for voluntary 
submittal of maintenance plans would resolve the issue. The TEA-21 
provides CMAQ monies only for nonattainment and maintenance areas. 
Maintenance areas are defined as areas which have been redesignated 
from nonattainment to attainment under 107(d) of the CAA. Having made 
the determination that these Massachusetts areas have air quality that 
attains the 1-hour standard and that the 1-hour standard therefore no 
longer applies to those areas, EPA believes it no longer has the 
authority to make any designations, either of attainment or 
nonattainment, with respect to that standard for those areas. Since 
redesignation is necessary for a former nonattainment area to become an 
attainment area and subject to requirements for maintenance plans, the 
voluntary submittal of a maintenance plan in the absence of a 
redesignation to attainment would not create a maintenance area under 
TEA-21. The Agency understands the commenters' concerns with respect to 
loss of CMAQ funding in these areas and we will be working with the 
Federal Highway Administration to explore options for future funding.
    Comment: One commenter supported the Agency's assessment that Door 
County, Wisconsin, is attaining the 1-hour ozone standard based on data 
for the period of 1996-1998.
    Response: The Agency acknowledges receipt of this letter of support 
for today's final rule.
    Comment: One commenter states that designations must be based on 
the status of the area with regard to all applicable standards ``for 
the pollutant.'' The commenter believes that an area is designated 
nonattainment if either of its multiple NAAQS for a particular 
pollutant is violated.
    Response: EPA has historically designated areas based on the 
existing health-based standard or standards for a pollutant. Thus, for 
purposes of PM-10, EPA has typically had one designation though there 
are two health-based standards--an annual and a 24-hour standard. For 
ozone, there has historically been one health-based standard and only 
one designation for the health-based ozone standard. At the time that 
EPA promulgated a revised health-based standard for ozone--the new 8-
hour standard--EPA determined to retain the 1-hour standard to 
facilitate the transition to the revised standard; however, EPA did not 
retain the 1-hour standard as a health-based standard. At that time, 
EPA indicated that it would follow the initial designation process for 
designating areas for the 8-hour standard, 62 FR 38421, 38424-25 (July 
18, 1997) and provided the process for revoking the 1-hour standard and 
removing the designations for that standard. 62 FR 38856, 38873 (July 
18, 1997).
    The approach EPA chose in 1997 is supported by the language of the 
CAA. Section 107(d)(1) of the CAA requires EPA to designate areas 
``after promulgation of a new or revised national ambient air quality 
standard for any pollutant.'' For newly promulgated or revised 
standards, this provision contemplates new designations rather than 
redesignations (see 107(d)(3)) or the continuation of an existing 
designation (see 107(d)(4)). In addition, the provisions in section 107 
and elsewhere in the CAA refer to designations for the ``national 
ambient air quality standard for any pollutant.'' See e.g., CAA section 
107(d)(1)(A). The phrase quoted by the commenters, ``for the 
pollutant,'' modifies the clause requiring designations for NAAQS. Thus 
it is appropriate for EPA to have designations for the revised health-
based NAAQS separate from those for the 1-hour NAAQS, which was 
retained to facilitate the transition to the 8-hour standard but not as 
a standard necessary to protect the public health or the environment.

IV. Final Rulemaking Action

    The ozone tables codified in today's final rule are significantly 
different from the tables now included in 40 CFR part 81 for these ten 
areas. The current 40 CFR part 81 designation listings (revised 
November 6, 1991; June 5, 1998; and July 22, 1998) include, by State 
and NAAQS pollutant, a brief description of areas within the State and 
their respective designations. Today's final rule includes completely 
new entries for the ten ozone areas covered by today's rule.

V. Other Regulatory Requirements

A. Executive Order 12866: Regulatory Impact Analysis

    Under Executive Order (E.O.) 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 E.O. The OMB has 
exempted this regulatory action from E.O. 12866 review.

B. 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. 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.

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act (UMRA) of 
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.
    Today's final rule will 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.

[[Page 30914]]

D. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) applies to any rule that: (1) is determined to be ``economically 
significant'' as defined under E.O. 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a 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 and 
reasonably feasible alternatives considered by the Agency.
    The EPA interprets E.O. 13045 as applying only to those regulatory 
actions that are based on health or safety risks, such that the 
analysis required under section 5-501 of the Order has the potential to 
influence the regulation. This final rule is not subject to E.O. 13045 
because this is not an economically significant regulatory action as 
defined by E.O. 12866, and it implements a previously promulgated 
health or safety-based Federal standard.

E. Executive Order 12875: Enhancing the Intergovernmental Partnership

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute, and that creates a mandate upon a State, local or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, E.O. 12875 requires EPA to provide to OMB a description of 
the extent of EPA's prior consultation with representatives of the 
affected State, local and tribal governments; the nature of their 
concerns; copies of any written communications from the governments; 
and a statement supporting the need to issue the regulation. In 
addition, E.O. 12875 requires EPA to develop an effective process 
permitting elected officials and other representatives of State, local 
and tribal governments ``to provide meaningful and timely input in the 
development of regulatory proposals containing significant unfunded 
mandates.''
    Today's final rule does not create a mandate on State, local or 
tribal governments. The rule does not impose any enforceable duties on 
these entities. Accordingly, the requirements of section 1(a) of E.O. 
12875 do not apply to this rule.

F. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, E.O. 13084 requires EPA to 
provide to OMB, in a separately identified section of the preamble to 
the rule, a description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's final rule does not significantly or uniquely affect the 
communities of Indian tribal governments. The identified areas are not 
located in tribal lands, and this final rule does not involve or impose 
any requirements that affect Indian tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

G. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements which requires OMB approval under the Paperwork Reduction 
Act (44 U.S.C. 3501 et seq.).

H. Executive Order 12898: Environmental Justice

    Under E.O. 12898 each Federal agency must make achieving 
environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of its programs, policies, and 
activities on minorities and low-income populations. Today's final rule 
(identifying additional ozone areas where the 1-hour standard is no 
longer applicable) does not adversely affect minorities and low-income 
populations because the new, more stringent 8-hour ozone standard is in 
effect and provides increased protection to the public, especially 
children and other at-risk populations.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing new regulations. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this proposed action. 
Today's final rule does not require the public to perform activities 
conducive to the use of VCS.

J. 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).

List of Subjects in 40 CFR Part 81

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

    Issued in Washington, D.C. on May 12, 1999.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I 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. 81.320, the table entitled ``Maine--Ozone (1-Hour 
Standard)'' is amended by revising the entry for ``Portland Area'' and 
revising footnote 2 to read as follows:


Sec. 81.320  Maine.

* * * * *

[[Page 30915]]



                                                                      Maine--Ozone
                                                                    [1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Designation                                               Classification
         Designated area          ----------------------------------------------------------------------------------------------------------------------
                                            Date \1\                          Type                      Date \1\                     Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
Portland Area:
    Cumberland County............  June 9, 1999.............  1 hr.std.N.A.\2\
    Sagadahoc County.............  June 9, 1999.............  1 hr.std.N.A.\2\
    York County..................  June 9, 1999.............  1 hr.std.N.A.\2\
 
                  *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.

* * * * *
    3. In Sec. 81.322, the table entitled ``Massachusetts-Ozone (1-Hour 
Standard'' is amended by revising the entry for ``Boston-Lawrence-
Worcester (E.Mass) Area'' and adding footnote 2 to read as follows:


Sec. 81.322  Massachusetts.

* * * * *

                                                                  Massachusetts--Ozone
                                                                    [1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Designation                                               Classification
         Designated area          ----------------------------------------------------------------------------------------------------------------------
                                            Date \1\                          Type                      Date \1\                     Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boston-Lawrence-Worcester
 (E.Mass) Area:
    Barnstable County............  June 9, 1999.............  1 hr.std.N.A. \2\
    Bristol County...............  June 9, 1999.............  1 hr.std.N.A. \2\
    Dukes County.................  June 9, 1999.............  1 hr.std.N.A. \2\
    Essex County.................  June 9, 1999.............  1 hr.std.N.A. \2\
    Middlesex County.............  June 9, 1999.............  1 hr.std.N.A. \2\
    Nantucket County.............  June 9, 1999.............  1 hr.std.N.A. \2\
    Norfolk County...............  June 9, 1999.............  1 hr.std.N.A. \2\
    Plymouth County..............  June 9, 1999.............  1 hr.std.N.A. \2\
    Suffolk County...............  June 9, 1999.............  1 hr.std.N.A. \2\
    Worcester County.............  June 9, 1999.............  1 hr.std.N.A. \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 ``Allegan County 
Area'', ``Mason County Area'', ``Muskegon Area'', and ``Oceana County 
Area'' to read as follows:


Sec. 81.323  Michigan.

* * * * *

                                                                     Michigan--Ozone
                                                                    [1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Designation                                               Classification
         Designated area          ----------------------------------------------------------------------------------------------------------------------
                                            Date \1\                          Type                      Date \1\                     Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allegan County Area:
    Allegan County...............  June 9, 1999.............  1 hr.std.N.A.\2\
 
                   *                  *                  *                  *                  *                  *                  *
Mason County Area:
    Mason County.................  June 9, 1999.............  1 hr.std.N.A.\2\
 
                   *                  *                  *                  *                  *                  *                  *
Muskegon Area:
    Muskegon County..............  June 9, 1999.............  1 hr.std.N.A.\2\
Oceana County Area:
    Oceana County................  June 9, 1999.............  1 hr.std.N.A.\2\
 

[[Page 30916]]

 
                  *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.

* * * * *
    5. In Sec. 81.330, the table entitled ``New Hampshire--Ozone(1-Hour 
Standard)'' is amended by revising the entry for ``Boston-Lawrence-
Worcester Area'' and ``Portsmouth-Dover-Rochester Area'' to read as 
follows:


Sec. 81.330  New Hampshire.

* * * * *

                                                                  New Hampshire--Ozone
                                                                    [1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Designation                                               Classification
         Designated area          ----------------------------------------------------------------------------------------------------------------------
                                            Date \1\                          Type                      Date \1\                     Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
Boston-Lawrence-Worcester Area:
    Hillsborough County (part)...  June 9, 1999.............  1 hr.std.N.A.\2\
        Pelham Town, Amherst
         Town, Brookline Town,
         Hollis Town, Hudson
         Town, Litchfield Town,
         Merrimack Town, Milford
         Town, Mont Vernon Town,
         Nashua City, Wilton
         Town.
    Rockingham County (part).....  June 9, 1999.............  1 hr.std.N.A.\2\
        Atkinson Town, Brentwood
         Town, Danville Town,
         Derry Town, E Kingston
         Town, Hampstead Town,
         Hampton Falls Town,
         Kensington Town,
         Kingston Town,
         Londonderry Town, Newton
         Town, Plaistow Town,
         Salem Town, Sandown
         Town, Seabrook Town,
         South Hampton Town,
         Windham Town.
 
                   *                  *                  *                  *                  *                  *                  *
Portsmouth-Dover-Rochester Area:
    Rockingham County              June 9, 1999.............  1 hr.std.N.A.\2\
     (part)..................
        Exeter Town, Greenland
         Town, Hampton Town, New
         Castle Town, Newfields
         Town, Newington Town,
         Newmarket Town, North
         Hampton Town, Portsmouth
         City, Rye Town, Stratham
         Town.
    Strafford County.............  June 9, 1999.............  1 hr.std.N.A.\2\
 
                  *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.

* * * * *
    6. In Sec. 81.340, the table entitled ``Rhode Island--Ozone (1-Hour 
Standard)'' is revised to read as follows:


Sec. 81.340  Rhode Island.

* * * * *

                                                                   Rhode Island--Ozone
                                                                    [1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Designation                                               Classification
         Designated area          ----------------------------------------------------------------------------------------------------------------------
                                            Date \1\                          Type                      Date \1\                     Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Providence (all of RI) Area:
    Bristol County...............  June 9, 1999.............  1 hr.std.N.A.\2\

[[Page 30917]]

 
    Kent County..................  June 9, 1999.............  1 hr.std.N.A.\2\
    Newport County...............  June 9, 1999.............  1 hr.std.N.A.\2\
    Providence County............  June 9, 1999.............  1 hr.std.N.A.\2\
    Washington County............  June 9, 1999.............  1 hr.std.N.A.\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.

* * * * *
    7. In Sec. 81.343, the table entitled ``Tennessee--Ozone (1-Hour 
Standard)'' is amended by revising the entry for ``Memphis Area'' to 
read as follows:


Sec. 81.343  Tennessee.

* * * * *

                                                                    Tennessee--Ozone
                                                                    [1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Designation                                               Classification
         Designated area          ----------------------------------------------------------------------------------------------------------------------
                                            Date \1\                          Type                      Date \1\                     Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
Memphis Area:
    Shelby County................  June 9, 1999.............  1 hr.std.N.A.\2\
 
                  *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.

* * * * *
    8. In Sec. 81.350, the table entitled ``Wisconsin--Ozone (1-Hour 
Standard)'' is amended by revising the entry for ``Door County Area'' 
to read as follows:


Sec. 81.350  Wisconsin.

* * * * *

                                                                    Wisconsin--Ozone
                                                                    [1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Designation                                               Classification
         Designated area          ----------------------------------------------------------------------------------------------------------------------
                                            Date \1\                          Type                      Date \1\                     Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Door County Area:
    Door County..................  June 9, 1999.............  1 hr.std.N.A.\2\
 
                  *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is June 5, 1998, unless otherwise noted.
\2\ 1 hour standard Not Applicable.

* * * * *
[FR Doc. 99-14595 Filed 6-7-99; 10:42 am]
BILLING CODE 6560-50-P