[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Proposed Rules]
[Pages 68659-68661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31757]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 50 and 81

[FRL-6505-3]


Rescinding Findings That the 1-Hour Ozone Standard No Longer 
Applies in Certain Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice to Reopen Comment Period.

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SUMMARY: The EPA is reopening the comment period for the notice of 
proposed rulemaking (NPR) that was published on October 25, 1999 (64 FR 
57424) regarding the rescinding of findings made by EPA that the 1-hour 
national ambient air quality standard (NAAQS) for ozone no longer 
applies in certain areas and which was further clarified on November 
18, 1999 (64 FR 63002). The October 25 proposal established a 30-day 
comment period, which ended on December 1. The EPA believes this 
provided an adequate opportunity to comment on the specific issues 
identified in the proposal. However, in response to requests from the 
public, EPA is reopening the comment period to January 3, 2000.


[[Page 68660]]


DATES: The EPA is reopening the comment period to end on January 3, 
2000, which is 30 days after the date today's notice was signed and 
made available on EPA's web site at http://www.epa.gov/airlinks. 
Comments must be postmarked by the last day of the comment period and 
sent directly to the Docket Office listed in ADDRESSES (in duplicate 
form if possible). Please refer to the SUPPLEMENTARY INFORMATION 
section for additional information on the comment period.

ADDRESSES: Comments may be submitted to the Office of Air and Radiation 
Docket and Information Center (6102), Attention: Docket No. A-99-22, 
U.S. Environmental Protection Agency, 401 M Street SW, room M-1500, 
Washington, DC 20460, telephone (202) 260-7548. Comments and data may 
also be submitted electronically by following the instructions under 
SUPPLEMENTARY INFORMATION of this document. No confidential business 
information (CBI) should be submitted through e-mail.
    Documents relevant to this action are available for inspection at 
the Docket Office, at the above address, between 8 a.m. and 5:30 p.m., 
Monday though Friday, excluding legal holidays. A reasonable copying 
fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Questions concerning today's action 
should be addressed to Annie Nikbakht, Office of Air Quality Planning 
and Standards, Air Quality Strategies and Standards Division, MD-15, 
Research Triangle Park, NC, 27711, telephone (919) 541-5246.

SUPPLEMENTARY INFORMATION:

Availability of Related Information

    The official record for this rulemaking, as well as the public 
version, has been established under docket number A-99-22 (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 
CBI, is available for inspection from 8 a.m. to 5:30 p.m., Monday 
through Friday, excluding legal holidays. The official rulemaking 
record is located at the address in ADDRESSES at the beginning of this 
document. Electronic comments can be sent directly to EPA at: A-and-R-
D[email protected]. Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Comments and data will also be accepted on disks in 
WordPerfect in 5.1/6.1 file format or ASCII file format. All comments 
and data in electronic form must be identified by the docket number A-
99-22. Electronic comments on this NPR rule may be filed online at many 
Federal Depository Libraries.
    Additional information relevant to this proposed rulemaking is 
available on the Agency's Office of Air Quality Planning and Standards' 
(OAQPS) Technology Transfer Network (TTN) via the web at http://
www.epa.gov/ttn/. If assistance is needed in accessing the system, call 
the help desk at (919) 541-5384 in Research Triangle Park, NC.

I. Re-opening of Comment Period

    The EPA has received requests to reopen the comment period on the 
proposal that the 1-hour NAAQS no longer applies in certain areas. See 
Docket A-99-22, nos. IV-D-34 (Hunton & Williams, representing the 
Utility Air Regulatory Group) and nos. IV-D-36 The Chamber of Commerce 
of the United States, William L. Kovacs. This notice responds to those 
requests. The commenters identified an administrative error in 
docketing the list of areas affected by the proposed rule. The EPA 
acknowledges that the list of areas was inadvertently not placed in the 
proper docket at the time the proposed rule was published in the 
Federal Register. The EPA has corrected this docketing problem and the 
list of affected areas is now available in the docket. The EPA is 
providing an additional 30 days for the public to comment on the 
proposed rule now that the list of affected areas is available in the 
docket.
    One commenter also requested that EPA reopen the comment period to 
allow comments on issues identified in a Stipulation to Stay 
Proceedings in a legal challenge to EPA's revocation of the 1-hour 
ozone standard in certain areas. Environmental Defense Fund v. Browner, 
No. 98-1363, D.C. Cir., filed August 3, 1998. The issues identified in 
the Stipulation were as follows: (1) The proposal to modify 40 C.F.R. 
Sec. 50.9(b) to provide that after the 8-hour ozone standard 
``become[s] fully enforceable under part D of title 1 of the Clean Air 
Act (CAA) and subject to no further legal challenge,'' the 1-hour 
standard will no longer apply to an area once EPA determines that the 
area has air quality meeting the 1-hour standard; (2) Whether a ``fully 
enforceable'' 8-hour standard means that CAA section 107(d) 
designations for ozone under the 8-hour standard will have been 
promulgated by the Administrator prior to any determination that the 1-
hour ozone standard no longer applies to an area; (3) Whether the motor 
vehicle emission budget approved or found adequate for the purpose of 
implementing the 1-hour ozone standard in a nonattainment area will 
remain in effect for transportation conformity purposes during the 
period after the 1-hour ozone standard no longer applies to the area 
but before a motor vehicle emission budget is approved or found 
adequate for the purpose of implementing the 8-hour ozone standard; (4) 
Whether the rescission of the nonapplicability determinations for 
certain areas should apply retroactively as well as prospectively; and 
(5) In the event EPA determines that the rescission will not apply 
retroactively, whether EPA will provide other relief to remedy any 
additional air pollution that may result from stationary sources and/or 
highway projects approved during the regulatory hiatus when the area's 
section 107(d) designation was not ``nonattainment.'' The EPA believes 
that all of these issues were within the scope of the original 
proposal. The EPA included this list of issues in the Stipulation at 
the request of the litigants. The EPA agrees that all of these issues 
are within the scope of this rulemaking and thus are open for public 
comment during the reopened comment period.

II. Public Hearing

    One commenter also requested that EPA hold a public hearing in 
connection with this proposed rule because the rule was allegedly 
subject to the public hearing requirements of section 307(d) of the CAA 
as a revision to a NAAQS under section 109 of the CAA. The EPA does not 
agree with the commenter. As EPA stated in the proposed rule, EPA was 
merely changing a rule that indicated when standards would be 
applicable, and was not revising the standards themselves. For this 
reason, EPA believes that the proposal is not subject to the public 
hearing requirements of section 307(d) and is not providing a public 
hearing on the proposal.

List of Subjects

40 CFR Part 50

    Environmental protection, Air pollution control, Carbon monoxide, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.

40 CFR Part 81

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


[[Page 68661]]


    Dated: December 1, 1999.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 99-31757 Filed 12-7-99; 8:45 am]
BILLING CODE 6560-50-P