[Federal Register Volume 67, Number 32 (Friday, February 15, 2002)]
[Proposed Rules]
[Pages 7112-7113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3748]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[FRL-7145-5]


National Ambient Air Quality Standards for Ozone; Notice of 
Public Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public meetings.

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SUMMARY: The purpose of this document is to announce that EPA has 
scheduled two public meetings to solicit comments on various options to 
implement the 8-hour ozone national ambient air quality standard 
(NAAQS). The options contain EPA's preliminary views and are intended 
to initiate a dialogue with the public on approaches for implementing 
the 8-hour ozone NAAQS. The EPA is interested in hearing the views from 
interested stakeholders on the options that we've developed and their 
ideas on how to best implement the 8-hour ozone NAAQS consistent with 
the Supreme Court's decision in Whitman v. American Trucking 
Association. An overarching issue that EPA would like public input on 
is how EPA should address the Supreme Court's holding that subpart 2 of 
part D of title I of the Clean Air Act (CAA) applies for purposes of 
classifying areas under a revised ozone NAAQS.

DATES: The two, 1-day meetings will be held from 9 a.m. to 5 p.m. (EST) 
on Tuesday, March 5, 2002, in Alexandria, Virginia, and on Thursday, 
March 7, 2002, in Atlanta, Georgia.

ADDRESSES: The March 5, 2002 meeting will be held at: Radisson Old 
Town, 901 N. Fairfax Street, Alexandria, Virginia. The March 7, 2002 
meeting will be held at: Renaissance Concourse Hotel, 1 Hartsfield 
Centre Parkway, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: For general information on the 
meetings, contact: Denise M. Gerth, U.S. EPA, Office of Air Quality 
Planning and Standards, C539-02, Research Triangle Park, NC 27711, 
phone (919) 541-5550, or e-mail: [email protected]. To register for 
the meeting, please contact: Barbara Bauer, E.H. Pechan and Associates, 
Durham, NC, phone (919) 493-3144, extension 188, or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: On July 18, 1997, EPA revised the ozone 
NAAQS (62 FR 38856). At that time, EPA indicated it would implement the 
8-hour ozone NAAQS under the less detailed requirements of subpart 1 of 
part D of title I of the CAA rather than more detailed requirements of 
subpart 2 requirements. Various industry groups and States challenged 
EPA's final rule promulgating the 8-hour ozone NAAQS in the U.S. Court 
of Appeals for the District of Columbia Circuit.\1\ In May 1999, the 
Appeals Court remanded the ozone standard to EPA on the basis that 
EPA's interpretation of its authority under the standard-setting 
provisions of the CAA resulted in an unconstitutional delegation of 
authority. American Trucking Assns., Inc. v. EPA, 175 F.3d 1027, aff'd, 
195 F.3d 4 (D.C. Cir. 1999). In addition, the Court held that EPA 
improperly interpreted the statute to provide for implementation of the 
8-hour standard under subpart 1, but also determined that EPA could not 
implement a revised ozone standard under subpart 2. The EPA sought 
review of these two issues by the U.S. Supreme Court. In February 2001, 
the Supreme Court upheld the constitutionality of the air quality 
standard setting. Whitman v. American Trucking Assoc., 121 S.Ct. 903. 
In addition, the Supreme Court held that EPA has authority to implement 
a revised ozone standard but that EPA could not ignore subpart 2 when 
implementing the 8-hour standard. Specifically, the Court noted EPA 
could not ignore the provisions of subpart 2 that ``eliminate[s] 
regulatory discretion'' allowed by subpart 1. After determining that 
EPA could not ignore the provisions of subpart 2, the Court went on to 
identify several portions of the classification scheme that are ``ill-
fitted'' to the revised standard, but left it to EPA to develop a 
reasonable approach for implementation. Any implementation approach 
that EPA develops must address the requirements of the CAA, as 
interpreted by the Supreme Court.
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    \1\ On July 18, 1997, EPA also promulgated a revised particulate 
matter (PM) standard (62 FR 38652). Litigation on the PM standard 
paralleled the litigation on the ozone standard and the court issued 
one opinion addressing both challenges.
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    The EPA has initiated a process to obtain stakeholder feedback on 
options the Agency is developing for implementation of the 8-hour ozone 
NAAQS. The EPA plans to issue a final rule on the implementation 
strategy prior to designating areas for the 8-hour ozone NAAQS. The 
implementation

[[Page 7113]]

rule will provide specific requirements for State and local air 
pollution control agencies and tribes to prepare implementation plans 
to attain and maintain the 8-hour NAAQS. States with areas that are not 
attaining the 8-hour ozone NAAQS will have to develop--as part of its 
State implementation plan (SIP)--emission limits and other requirements 
to attain the NAAQS within the time frames set forth in the CAA.\2\ 
Tribal lands that are not attaining the 8-hour ozone standard may be 
affected, and could voluntarily submit a tribal implementation plan 
(TIP), but would not be required to submit a TIP. However, in cases 
where a TIP is not submitted, EPA would have the responsibility for 
planning in those areas.
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    \2\ The CAA requires EPA to set ambient air quality standards 
and requires States to submit SIPs to implement those standards.
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    The EPA is holding these meetings in order to obtain stakeholder 
feedback regarding the options that EPA has developed as well as to 
listen to any new or different ideas that stakeholders may be 
interested in presenting. In order to provide for more focused 
discussions, EPA is structuring these meetings to allow for an 
introductory session followed by four breakout sessions that attendees 
will rotate through in order to be involved in discussions of all the 
issues. The breakout sessions will cover the following topics: (1) 
Classifications and attainment dates; (2) nonattainment designations; 
(3) growth and its impact upon SIPs; and (4) other general SIP issues. 
A wrap up session will be held before adjourning. New Source Review 
(NSR) programs that accompany nonattainment designations will not be 
the subject of these meetings since the EPA is currently considering 
whether and how to change the NSR program regulations in other 
contexts. The EPA has placed a variety of materials regarding 
implementation options, and which will be the focus of the meetings, on 
the Website: www.epa.gov/ttn/rto/ozonetech/o3imp8hr/o3imp8hr.htm. 
Additional material will be placed on the website as they are 
developed. Anyone interested in attending the meetings should check the 
website for new material on a regular basis prior to the meetings.
    The materials that are available on the website are also available 
at: Air and Radiation Docket and Information Center, Docket Number A-
2001-31, U.S. EPA, 401 M Street, SW., Room M-1500 (Mail Code 6102), 
Washington, DC 20460. The docket is available for public inspection and 
copying between 8 a.m. and 5:30 p.m., Monday through Friday, excluding 
legal holidays. A reasonable fee may be charged for copying.

    Dated: February 8, 2002.
Jeffrey S. Clark,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 02-3748 Filed 2-14-02; 8:45 am]
BILLING CODE 6560-50-P