[Federal Register Volume 68, Number 20 (Thursday, January 30, 2003)]
[Rules and Regulations]
[Pages 4836-4841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1771]



[[Page 4835]]

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Part III





Environmental Protection Agency





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40 CFR Parts 52 and 81



Determination of Nonattainment as of November 15, 1996, and 
Reclassification of the St. Louis Ozone Nonattainment Area; Approval 
and Promulgation of Implementation Plans for the State of Missouri; 
Determination of Attainment, Approval and Promulgation of 
Implementation Plans, and Designation of Areas for Air Quality Planning 
Purposes; States of Missouri and Illinois; Final Rule and Proposed 
Rules

  Federal Register / Vol. 68, No. 20 / Thursday, January 30, 2003 / 
Rules and Regulations  

[[Page 4836]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[MO 169-1169; IL 187-2; FRL-7444-4]


Determination of Nonattainment as of November 15, 1996, and 
Reclassification of the St. Louis Ozone Nonattainment Area; States of 
Missouri and Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule finalizes and makes effective EPA's finding that the 
St. Louis ozone nonattainment area (hereinafter referred to as the St. 
Louis area) failed to attain the 1-hour ozone national ambient air 
quality standard (NAAQS or standard) by November 15, 1996, the 
attainment date for moderate nonattainment areas set forth in the Clean 
Air Act (CAA or Act). As a result of this finding, the St. Louis area 
is reclassified from a moderate to a serious 1-hour ozone nonattainment 
area by operation of law, effective as of the date of publication. In 
addition, EPA is establishing a schedule for Missouri and Illinois to 
submit State Implementation Plan (SIP) revisions addressing the CAA's 
pollution control requirements for serious ozone nonattainment areas 
within 12 months of the effective date of this rule, and is 
establishing November 15, 2004, as the date by which the St. Louis area 
must attain the ozone NAAQS.

EFFECTIVE DATE: This rule is effective January 30, 2003.

ADDRESSES: Relevant documents for this rule are available for 
inspection at the Environmental Protection Agency, Region 7, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101; or the Environmental Protection Agency, Region 5, 
Regulation Development Section, Air Programs Branch (AR-18J), 77 West 
Jackson Boulevard, Chicago, Illinois 60604; interested persons wanting 
to examine these documents should make an appointment with the 
appropriate office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Tony Petruska, Region 7, (913) 551-
7637, ([email protected]), or Edward Doty, Region 5, (312) 886-
6057 ([email protected]).

SUPPLEMENTARY INFORMATION:

Table of Contents

What Is the Background for this Action?
What Are the National Ambient Air Quality Standards?
What Is the NAAQS for Ozone?
What Is a SIP?
What Is the St. Louis Ozone Nonattainment Area?
What Does This Action Do?
What Is the New Attainment Date for the St. Louis Area?
When Must Missouri and Illinois Submit SIP Revisions Fulfilling the 
Requirements for Serious Ozone Nonattainment Areas?
What Is the Effective Date of the Reclassification to a Serious 
Nonattainment Area?

Statutory and Executive Order Reviews

What Is the Background for This Action?

    On November 25, 2002, the U.S. Court of Appeals for the Seventh 
Circuit (Court) issued a decision in the case of the Sierra Club and 
Missouri Coalition for the Environment v. EPA, 311 F. 3d 853 (7th Cir. 
2002). In this decision, the Court vacated a June 26, 2001, rule which 
extended the St. Louis area's attainment date, and remanded to EPA for 
entry of a final rule that reclassifies the St. Louis area as a serious 
nonattainment area. This rule reclassifies the St. Louis area as a 
serious nonattainment area in accordance with the Court's Order. The 
reclassification is based on a finding that the area did not attain the 
1-hour ozone standard by November 15, 1996, the statutory attainment 
date for moderate areas. The finding is based on monitored data for the 
1994 through 1996 ozone seasons. As explained in more detail below, EPA 
originally proposed to find that the area failed to attain the ozone 
standard by November 15, 1996, and to reclassify the area to serious 
nonattainment in a proposed rulemaking published March 18, 1999 (64 FR 
13384). EPA finalized the finding and reclassification in a rulemaking 
published March 19, 2001 (66 FR 15578), and withdrew that final 
rulemaking prior to its effective date in the June 26, 2001, rulemaking 
vacated by the Court. In response to the Court's order, EPA is 
reinstating the finding of nonattainment and notice of 
reclassification, effective today, and to reflect the new effective 
date, is reinstating the schedule for Missouri and Illinois to submit 
SIP revisions to meet the new serious area requirements.
    In a separate rulemaking, EPA is proposing to redesignate the St. 
Louis area to attainment with the 1-hour ozone standard. The proposal 
is based, in part, on three years of complete, quality-assured, ambient 
air monitoring data for the 2000 through 2002 ozone seasons which EPA 
believes shows that the area has now attained the 1-hour ozone NAAQS. 
Redesignation to attainment would eliminate the need for the states of 
Missouri and Illinois to submit SIP revisions addressing the CAA's 
pollution control requirements for serious ozone nonattainment areas. 
However, should the St. Louis area not be redesignated to attainment, 
the states of Missouri and Illinois will continue to be required to 
submit the serious area SIP revisions within one year as specified in 
this rule.

What Are the National Ambient Air Quality Standards?

    Since the CAA's inception in 1970, EPA has set NAAQS for six common 
air pollutants: carbon monoxide, lead, nitrogen dioxide, ozone, 
particulate matter, and sulfur dioxide. The CAA requires that these 
standards be set at levels that protect public health and welfare with 
an adequate margin of safety. These standards present state and local 
governments with the air quality levels they must meet to achieve clean 
air. Also, these standards allow the American people to assess whether 
or not the air quality in their communities is healthful.

What Is the NAAQS for Ozone?

    The NAAQS for ozone is expressed in two forms which are referred to 
as the 1-hour and 8-hour standards. Table 1 summarizes the ozone 
standards.

                                      Table 1.--Summary of Ozone Standards
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              Standard                        Value                   Type               Method of compliance
----------------------------------------------------------------------------------------------------------------
1-hour.............................  0.12 ppm..............  Primary and Secondary.  Must not be exceeded, on
                                                                                      average, more than one day
                                                                                      per year over any three-
                                                                                      year period at any monitor
                                                                                      within an area.
8-hour annual......................  0.08 ppm..............  Primary and Secondary.  The average of the fourth
                                                                                      highest daily maximum 8-
                                                                                      hour average ozone
                                                                                      concentration measured at
                                                                                      each monitor over any
                                                                                      three-year period.
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(Primary standards are designed to protect public health and secondary 
standards are designed to protect public welfare and the environment.)
    The 1-hour ozone standard of 0.12 parts per million (ppm) was 
promulgated in 1979. The 1-hour ozone standard continues to apply to 
the St. Louis area, and it is the classification of the St. Louis area 
with respect to the 1-hour ozone standard that is addressed in this 
document.

What Is a SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that state air quality 
meet the NAAQS established by EPA. These ambient standards are 
established under section 109 of the CAA, and they currently address 
six criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, 
lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
us for approval and incorporation into the Federally-enforceable SIP.
    Each Federally-approved SIP protects air quality primarily by 
addressing air pollution at its point of origin. These SIPs can be 
extensive. They may contain state regulations or other enforceable 
documents and supporting information such as emission inventories, 
monitoring networks, and modeling demonstrations.

What Is the St. Louis Ozone Nonattainment Area?

    The St. Louis ozone nonattainment area is an interstate area which 
includes Madison, Monroe, and St. Clair Counties in Illinois; and 
Franklin, Jefferson, St. Charles, and St. Louis Counties and the City 
of St. Louis in Missouri.
    Under section 107(d)(1)(C) of the CAA, each ozone area designated 
nonattainment for the 1-hour ozone standard prior to enactment of the 
1990 CAA Amendments, such as the St. Louis area, was designated 
nonattainment by operation of law upon enactment of the 1990 
Amendments. In addition, under section 181(a) of the Act, each area 
designated nonattainment under section 107(d) was classified as 
``marginal,'' ``moderate,'' ``serious,'' ``severe,'' or ``extreme,'' 
depending on the severity of the area's air quality problem. The design 
value for an area, i.e., the highest of the fourth highest 1-hour daily 
maximums in a given three-year period, characterizes the severity of 
the air quality problem. Table 2 provides the design value ranges for 
each nonattainment classification. Ozone nonattainment areas with 
design values between 0.138 and 0.160 ppm, such as the St. Louis area 
(which had a design value of 0.156 ppm in 1989), were classified as 
moderate. These nonattainment designations and classifications were 
initially codified in 40 CFR part 81 (see 56 FR 56694, November 6, 
1991).

                                  Table 2.--Ozone Nonattainment Classifications
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               Area class                       Design value (ppm)                      Attainment
----------------------------------------------------------------------------------------------------------------
Marginal...............................  0.121 up to 0.138..............  November 15, 1993.
Moderate...............................  0.138 up to 0.160..............  November 15, 1996.
Serious................................  0.160 up to 0.180..............  November 15, 1999.
Severe.................................  0.180 up to 0.280..............  November 15, 2005.
Extreme................................  0.280 and above................  November 15, 2010.
----------------------------------------------------------------------------------------------------------------

    In addition, under section 182(b)(1)(A) of the CAA, states 
containing areas that were classified as moderate nonattainment were 
required to submit SIPs to provide for certain air pollution controls, 
to show progress toward attainment of the ozone standard through 
incremental emissions reductions, and to provide for attainment of the 
ozone standard as expeditiously as practicable, but no later than 
November 15, 1996. SIP requirements for moderate areas are listed 
primarily in section 182(b) of the CAA.

What Does This Action Do?

    On March 18, 1999, EPA proposed (64 FR 13384) its finding that the 
St. Louis area did not attain the 1-hour ozone NAAQS by November 15, 
1996, as required by the CAA. The proposed finding was based on 1994-
1996 air quality data which indicated the area's air quality violated 
the standard and the area did not qualify for an attainment date 
extension under the provisions of section 181(a)(5).\1\ Under the CAA, 
the effect of a final finding that an area has not attained the 1-hour 
ozone standard by the attainment date is that the area is reclassified 
to a higher classification (commonly referred to as a ``bump up'' of 
the area).
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    \1\ Section 181(a)(5) specifies that a state may request, and 
EPA may grant, up to two one-year attainment date extensions. EPA 
may grant an extension if: (1) The state has complied with the 
requirements and commitments pertaining to the applicable 
implementation plan for the area, and (2) the area has measured no 
more than one exceedance of the ozone standard at any monitoring 
site in the nonattainment area in the year in which attainment is 
required.
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    Although the area was not eligible for an attainment date extension 
under section 181(a)(5), the March 18, 1999, proposal included a notice 
of the St. Louis area's potential eligibility for an attainment date 
extension, pursuant to EPA's July 16, 1998, ``Guidance on Extension of 
Air Quality Attainment Dates for Downwind Transport Areas'' 
(hereinafter referred to as the extension policy), signed by Richard D. 
Wilson, Acting Assistant Administrator for Air and Radiation. The 
extension policy, published in a March 25, 1999, Federal Register 
notice (64 FR 14441), addresses circumstances where pollution from 
upwind areas interferes with the ability of a downwind area to attain 
the 1-hour ozone standard by its attainment date. EPA proposed to 
finalize its action on the determination of nonattainment and 
reclassification of the St. Louis area only after the area had received 
an opportunity to qualify for an attainment date extension under the 
extension policy. On January 29, 2001, the U.S. District Court for the 
District of Columbia ordered EPA to make a determination whether the 
St. Louis nonattainment area attained the requisite ozone standards. 
(Sierra Club v. Whitman, No. 98-2733 (CKK).)
    On March 19, 2001 (66 FR 15578), EPA finalized its finding that the 
St. Louis area failed to attain the 1-hour ozone NAAQS by November 15, 
1996, and reclassified the area to ``serious'' as of the effective date 
of the rule. In addition, that rule established the dates by which 
Missouri and Illinois were to submit SIP revisions addressing the CAA's 
pollution control requirements for serious ozone nonattainment areas 
and attain the 1-hour NAAQS for ozone. The March 19, 2001, rulemaking 
action was to be effective on May 18, 2001.
    On May 16, 2001, EPA published a rule (66 FR 27036) extending the 
effective date of the March 19, 2001, rulemaking to June 29, 2001.

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    On June 26, 2001, EPA issued a final rule (66 FR 33996) in which 
EPA extended the attainment date for the St. Louis area, consistent 
with the extension policy, and withdrew the March 19, 2001, rulemaking. 
The rule also approved the attainment demonstration for the St. Louis 
area and took several other related actions.
    Petitions were filed in the U.S. Court of Appeals for the Seventh 
Circuit (Court) (Sierra Club and Missouri Coalition for the Environment 
v. EPA, (Nos. 01-2844 and 01-2845)) for review of the May 16, 2001, and 
June 26, 2001, rules. On November 25, 2002, the Court granted the 
petitions, vacated the June 26, 2001, rule extending the St. Louis 
area's attainment date, and remanded to EPA for ``entry of a final rule 
that reclassifies St. Louis as a serious nonattainment area effective 
immediately * * *'' (Sierra Club and Missouri Coalition for the 
Environment v. EPA, 311 F. 3d 853 (7th Cir. 2002)).
    This rule reclassifies the St. Louis area as a serious 
nonattainment area in accordance with the Court's Order, and in 
accordance with section 181(b)(2)(A) of the CAA. Additional background 
for this rule may be found in the March 18, 1999, proposal (64 FR 
13384) and in the March 19, 2001, final rule (66 FR 15578). This action 
reinstates EPA's finding that the St. Louis area failed to attain the 
1-hour standard by November 15, 1996, as prescribed in Section 181 of 
the CAA. A summary and discussion of the air quality monitoring data 
for the St. Louis area for 1994 through 1996 used to make this finding 
can be found in the March 18, 1999, proposal (64 FR 13384, 13385-87) 
and in the March 19, 2001, rule (66 FR 15578, 15580-15581, 15583-
15584). EPA incorporates by reference in this rule the analyses and 
discussion of the air quality monitoring data and of the area's new 
classification set forth in the March 18, 1999, proposed rule and in 
the March 19, 2001, final rule.
    EPA received comments on the March 18, 1999, proposal (and on an 
April 17, 2000, proposal, 65 FR 20404--see 66 FR 15585-15586 for a 
discussion of comments on the April 17, 2000, proposal) relating to the 
necessity and scope of a reclassification of the St. Louis area, which 
are summarized in the March 19, 2001, final rule (66 FR 15578, 15585-
15587). The final rule also contains EPA's detailed response to the 
comments, which is incorporated by reference in this final rule.

What Is the New Attainment Date for the St. Louis Area?

    As part of the reclassification of an area, EPA must establish an 
attainment date for the reclassified area. Section 181 of the CAA 
states that the attainment date for serious nonattainment areas shall 
be as expeditiously as practicable but not later than 9 years after 
enactment (November 15, 1999). Where an attainment date has already 
passed and is therefore impossible to meet, EPA has reasoned that the 
Administrator may establish an attainment date later than the date 
specified in the CAA. However, EPA believes that it must establish a 
new attainment date in accordance with the principle in the CAA that 
attainment must be achieved as expeditiously as practicable.
    In the March 19, 2001, rule (66 FR 15578), EPA set forth its 
reasoning and conclusion that the most appropriate attainment date is 
one which is as expeditious as practicable and accounts for the upwind 
reductions associated with the NOX SIP call, or no later 
than November 15, 2004. In the March 19, 2001, rule (66 FR 15578, 
15587), EPA summarized the comments on the appropriate attainment date 
for the reclassified area and provided EPA's responses to the comments. 
EPA incorporates its responses and its rationale by reference in this 
final rule.

When Must Missouri and Illinois Submit SIP Revisions Fulfilling the 
Requirements for Serious Ozone Nonattainment Areas?

    In addition to establishing a new attainment date, EPA must also 
address the schedule by which Illinois and Missouri are required to 
submit SIP revisions meeting the CAA's pollution control requirements 
for serious areas. The measures required by section 182(c) of the CAA 
include, but are not limited to, the following: (1) Attainment and 
reasonable further progress demonstrations; (2) enhanced vehicle 
inspection and maintenance (I/M) programs; (3) clean-fuel vehicle 
programs; (4) the major source threshold lowered from 100 to 50 tons 
per year for volatile organic compounds (VOCs) and nitrogen oxide 
compounds (NOX); (5) more stringent new source review 
requirements; (6) an enhanced air monitoring program; and (7) 
contingency provisions.
    In the March 18, 1999, proposal (64 FR 13384) and in the March 19, 
2001, rule (66 FR 15585), EPA stated that a submittal deadline of 12 
months after the effective date of reclassification will give the 
states adequate time to adopt and submit the additional serious area 
requirements. EPA also noted that the 12-month deadline is consistent 
with the time given to other areas (such as Dallas-Fort Worth, Phoenix, 
and Santa Barbara) which were reclassified from moderate to serious. 
EPA received one comment in support of a 12-month deadline and no other 
comments on the proposed deadline. In the March 19, 2001, rule, EPA 
required Missouri and Illinois to submit SIP revisions addressing the 
Act's pollution control requirements for serious ozone nonattainment 
areas within 12 months of the effective date of the rule.
    EPA has determined that a 12-month deadline for submitting SIP 
revisions meeting the CAA's pollution control requirements for serious 
areas is appropriate for the reasons stated in the March 19, 2001, 
rule. Therefore, EPA is requiring that the ``serious'' area measures be 
submitted within 12 months of the date of publication of this rule.

What Is the Effective Date of the Reclassification to a Serious 
Nonattainment Area?

    The Court, in its November 25, 2002, Order, vacated the June 26, 
2001, rule (66 FR 33996) and remanded for entry of a final rule that 
reclassifies St. Louis as a serious nonattainment area effective 
immediately.
    On May 16, 2001, EPA published a rule (66 FR 27036) delaying the 
effective date of reclassification of the St. Louis area to a serious 
nonattainment area until June 29, 2001. On June 26, 2001, EPA published 
a rule (66 FR 33996) in which the reclassification of the St. Louis 
area to a serious nonattainment area was withdrawn. By vacating the 
June 26, 2001, rule, the Court's Order also vacated the withdrawal of 
the reclassification.
    One conclusion which could be drawn from the Court's Order vacating 
the June 26, 2001, rule is that the effective date of the 
reclassification to a serious nonattainment area reverts back to June 
29, 2001. Such a conclusion would be inconsistent with the language 
used by the Court in its remand. The court ordered EPA to 
``reclassify'' the St. Louis area, and to make the reclassification 
``effective immediately.'' Thus, EPA believes that the Court intended 
for the reclassification of the St. Louis area to a serious 
nonattainment to be effective immediately upon publication of this 
rule.
    Although it is not appropriate to make this rule retroactive, EPA 
is making this final rulemaking effective upon publication. Section 
553(d) of the Administrative Procedures Act generally provides that 
rules may not take effect earlier than 30 days after they are published 
in the Federal Register. However, if an Agency identifies a good

[[Page 4839]]

cause, section 553(d)(3) allows a rule to take effect earlier, provided 
that the Agency publishes its reasoning in the final rule. EPA is 
making this action effective upon publication in order to comply with 
an order of the United States Court of Appeals for the Seventh Circuit. 
As discussed elsewhere in this rulemaking, the Court ordered EPA to 
publish this final rule and to make it immediately effective. 
Therefore, in accordance with section 553(d)(3), EPA finds good cause 
to establish the date of publication as the effective date of the rule.
    For the foregoing reasons, EPA is establishing the date of 
publication as the effective date of this rule.

Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA is 
required to determine whether regulatory actions are significant and 
therefore should be subject to Office of Management and Budget (OMB) 
review, economic analysis, and the requirements of the Executive Order. 
The Executive Order defines a ``significant regulatory action'' as one 
that is likely to result in a rule that may meet at least one of the 
four criteria identified in section 3(f), including, under paragraph 
(1), that the rule may ``have an annual effect on the 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.''
    The Agency has determined that the determination of nonattainment 
would result in none of the effects identified in section 3(f) of the 
Executive Order. Under section 181(b)(2) of the CAA, determinations of 
nonattainment are based upon air quality considerations and the 
resulting reclassifications must occur by operation of law. They do 
not, in and of themselves, impose any new requirements on any sectors 
of the economy. In addition, because the statutory requirements are 
clearly defined with respect to the differently classified areas, and 
because those requirements are automatically triggered by 
classifications that, in turn, are triggered by air quality values, 
determinations of nonattainment and reclassification cannot be said to 
impose a materially adverse impact on state, local, or tribal 
governments or communities.

B. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards 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 voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. This 
action does not involve technical standards. Therefore, EPA did not 
consider the use of any voluntary consensus standards.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    Determinations of nonattainment and the resulting reclassification 
of nonattainment areas by operation of law under section 181(b)(2) of 
the CAA do not in and of themselves create any new requirements. 
Instead, this rulemaking only makes a factual determination, and does 
not directly regulate any entities. See 62 FR 60001, 60007-60008, and 
60010 (November 6, 1997) for additional analysis of the RFA 
implications of attainment determinations. Therefore, pursuant to 5 
U.S.C. 605(b), I certify that today's final action does not have a 
significant impact on a substantial number of small entities within the 
meaning of those terms for RFA purposes.

D. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(UMRA), signed into law on March 22, 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 annual costs to state, 
local, or tribal governments in the aggregate, or to the 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.
    EPA believes, as discussed above, that the finding of nonattainment 
is a factual determination based upon air quality considerations and 
that the resulting reclassification of the area must occur by operation 
of law. Thus, the finding does not constitute a Federal mandate, as 
defined in section 101 of the UMRA, because it does not impose an 
enforceable duty on any entity.

E. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    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 Executive 
Order 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. This action is not subject to Executive Order 
13045 because it does not involve decisions intended to mitigate 
environmental health or safety risks.

F. Executive Order 13132, Federalism

    Federalism (64 FR 43255, 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 have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal Government provides the funds

[[Page 4840]]

necessary to pay the direct compliance costs incurred by state and 
local governments, or EPA consults with state and local officials early 
in the process of developing the proposed regulation. EPA also may not 
issue a regulation that has federalism implications and that preempts 
state law unless the Agency consults with state and local officials 
early in the process of developing the proposed regulation.
    This determination of nonattainment and the resulting 
reclassification of a nonattainment area by operation of law will not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132, because this action does not, in 
and of itself, impose any new requirements on any sectors of the 
economy, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. Thus, the 
requirements of section 6 of the Executive Order do not apply to these 
actions.

G. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes. Thus, Executive Order 13175 does not 
apply to this rule.

H. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the United States Senate, the United States 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).

I. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 31, 2003. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National Parks, 
Ozone, Wilderness areas.

    Dated: January 13, 2003.
James Gulliford,
Regional Administrator, Region 7.

    Dated: January 16, 2003.
Thomas V. Skinner,
Regional Administrator, Region 5.


    Chapter I, 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, et seq.

    2. In Sec.  81.314 the table entitled ``Illinois--Ozone (1-Hour 
Standard)'' is amended by revising the entry for St. Louis Area to read 
as follows:


Sec.  81.314  Illinois.

* * * * *

                                        Illinois--Ozone (1-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                                   Designation                         Classification
           Designated area           ---------------------------------------------------------------------------
                                         Date 1              Type              Date 1              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
St. Louis Area:
    Madison County..................    1-30-2003  Nonattainment..........    1-30-2003  Serious.
    Monroe County...................    1-30-2003  Nonattainment..........    1-30-2003  Serious.
    St. Clair County................    1-30-2003  Nonattainment..........    1-30-2003  Serious.
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is October 18, 2000, unless otherwise noted.

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    3. In Sec.  81.326 the table entitled ``Missouri--Ozone (1-Hour 
Standard)'' is amended by revising the entry for St. Louis Area to read 
as follows:


Sec.  81.326  Missouri.

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[[Page 4841]]



                                        Missouri--Ozone (1-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                                   Designation                         Classification
           Designated area           ---------------------------------------------------------------------------
                                         Date 1              Type              Date 1              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
St. Louis Area:
    Franklin County.................    1-30-2003  Nonattainment..........    1-30-2003  Serious.
    Jefferson County................    1-30-2003  Nonattainment..........    1-30-2003  Serious.
    St. Charles County..............    1-30-2003  Nonattainment..........    1-30-2003  Serious.
    St. Louis County................    1-30-2003  Nonattainment..........    1-30-2003  Serious.
    St. Louis County................    1-30-2003  Nonattainment..........    1-30-2003  Serious.
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is October 18, 2000, unless otherwise noted.

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[FR Doc. 03-1771 Filed 1-29-03; 8:45 am]
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