[Federal Register Volume 70, Number 84 (Tuesday, May 3, 2005)]
[Rules and Regulations]
[Pages 22801-22803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8707]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[R07-OAR-2005-MO-0002; FRL-7906-5]


Air Quality Redesignation for the 8-Hour Ozone National Ambient 
Air Quality Standard; for Some Counties in the States of Kansas and 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U. S. Environmental Protection Agency (EPA) is 
redesignating several counties in the Kansas City area from 
unclassifiable to attainment for the 8-hour ozone National Ambient Air 
Quality Standard (NAAQS). The counties are Johnson, Linn, Miami and 
Wyandotte Counties in Kansas and Cass, Clay, Jackson and Platte 
Counties in Missouri.

DATES: This rule is effective on June 2, 2005.

FOR FURTHER INFORMATION CONTACT: Leland Daniels at (913) 551-7651 or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:

What Is the Background for This Action?
What Are the Statutory and Regulatory Requirements for Designations 
and Redesignations?
What New Information Is Available Regarding Air Quality in Kansas 
City?
What Action Is EPA Taking?

What Is the Background for This Action?

    The EPA published a final rule (69 FR 23858; April 30, 2004) 
promulgating designations under the 8-hour ozone NAAQS. That action 
designated several counties in the Kansas City area as unclassifiable 
and provided that the designation was effective on June 15, 2004.
    The initial Kansas City area designation was based on review of 
ozone data from 2001 through 2003. The counties in the Kansas City area 
designated as unclassifiable are Johnson, Linn, Miami and Wyandotte 
Counties in Kansas and Cass, Clay, Jackson and Platte Counties in 
Missouri. In that action, we stated that we would review all available 
information and make an attainment or nonattainment decision after 
reviewing the 2004 ozone data. On February 10, 2005 (70 FR 7070), the 
EPA published a proposal to redesignate the Kansas City area from 
unclassifiable to attainment. The Mid-America Regional Council Air 
Quality Forum submitted comments generally supporting the redesignation 
to attainment but raising questions about the implications of the 
redesignation for Kansas City. The commenter withdrew the comments by 
letter dated April 13, 2005.

What Are the Statutory Requirements for Designations and 
Redesignations?

    Section 107(d) of the Clean Air Act (CAA) sets forth the criteria 
and process for designations and redesignations. An explanation of 
statutory requirements for the 8-hour ozone designations that became 
effective on June 15, 2004, and the actions EPA took to meet those 
requirements can be found in the final rule that established the 
designations (69 FR 23858; April 30, 2004). In Section 107(d)(3), the 
CAA addresses redesignations and provides that the Administrator or the 
Governor of a state may initiate the redesignation process. One of the 
bases for redesignation under that section is air quality data.
    To determine whether an area is attaining the 8-hour ozone NAAQS, 
we consider the most recent three consecutive years of data in 
accordance with 40 CFR part 50, appendix I. For the purpose of this 
rulemaking, we reviewed the ozone data from 2002 through 2004.

What New Information Is Available Regarding Air Quality in Kansas City?

    The state of Missouri submitted a letter dated December 21, 2004, 
regarding air quality in Kansas City. The letter certified that the 8-
hour ozone data collected during the 2004 ozone season is correct, 
complete and appropriate for regulatory use. The letter also requested 
that EPA redesignate the Kansas City area from unclassifiable to 
attainment. Similarly, the state of Kansas submitted letters of 
November 18, 2004, and January 10, 2005, certifying the accuracy of the 
ozone data and requesting redesignation from unclassifiable to 
attainment. The counties included in the redesignation request are 
Johnson, Linn, Miami and Wyandotte Counties in Kansas and Cass, Clay, 
Jackson and Platte Counties in Missouri.
    Consistent with 40 CFR part 50, appendix I, section 2.3, paragraph 
(d)(1), the 8-hour ozone standard is met if the three year average 
value of the annual fourth highest daily maximum (the design value) is 
0.084 parts per million (ppm) or less. For the 2002-2004 time period, 
the design value for Kansas City is 0.082 ppm, indicating that the 8-
hour ozone NAAQS has been attained.

What Action Is EPA Taking?

    Based upon the applicable requirements in section 107(d)(3) of the 
CAA, the regulatory requirements in 40 CFR part 50, appendix I and the 
8-hour ozone air quality data for the 2002 through 2004 time period, we 
are redesignating Johnson, Linn, Miami and Wyandotte Counties in Kansas 
and Cass, Clay, Jackson and Platte Counties in Missouri to attainment 
for the 8-hour ozone standard. The basis for this action is described 
in more detail above and in the February 10, 2005, proposed rule 
referenced above.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely designates an area for planning purposes based on air quality, 
and does not establish any new regulations. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The redesignation is 
an action which affects the status of a geographic area but does not 
impose any new requirements on governmental entities or sources. 
Therefore because it does not impose any additional enforceable duty, 
it does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    This redesignation does not have tribal implications because it 
will not have a substantial direct effect on one or more Indian tribes, 
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, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000). This action also does not have 
Federalism implications because it does not have substantial direct 
effects on the States,

[[Page 22802]]

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 (64 FR 
43255, August 10, 1999). This action merely establishes the attainment 
status, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This rule also is 
not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing state redesignation requests, EPA's role is to approve 
state choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a redesignation request for failure to use VCS. It would 
thus be inconsistent with applicable law for EPA, when it reviews a 
state recommendation, to use VCS in place of a state request that 
otherwise satisfies the provisions of the CAA. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 U.S. Senate, the U.S. 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 5, 2005. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Ozone, National 
park, Wilderness area.

    Dated: April 22, 2005.
James B. Gulliford,
Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.


0
2. In Sec.  81.317 the table entitled ``Kansas--Ozone (8-Hour 
Standard)'' is amended by revising the entry for Kansas City, KS-MO to 
read as follows:


Sec.  81.317  Kansas.

* * * * *

                                                                                 Kansas--Ozone (8-Hour Standard)
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                                                                    Designation \a\                                                                Classification
          Designated area          -------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Date \1\                                  Type                                  Date \1\                                 Type
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Kansas City, KS-MO:
    Johnson County................  May 3, 2005...........................  Attainment............................
    Linn County...................  May 3, 2005...........................  Attainment............................
Miami County......................  May 3, 2005...........................  Attainment............................
    Wyandotte County..............  May 3, 2005...........................  Attainment............................
 
                                                                                         * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
0
3. In Sec.  81.326 the table entitled ``Missouri--Ozone (8-Hour 
Standard)'' is amended by revising the entry for Kansas City, MO-KS to 
read as follows:


Sec.  81.326  Missouri.

* * * * *

                                                                                Missouri--Ozone (8-Hour Standard)
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                                                                    Designation\a\                                                                 Classification
          Designated area          -------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Date \1\                                  Type                                  Date \1\                                 Type
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Kansas City, MO-KS:
    Cass County...................  May 3, 2005...........................  Attainment............................
    Clay County...................  May 3, 2005...........................  Attainment............................
    Jackson County................  May 3, 2005...........................  Attainment............................
    Platte County.................  May 3, 2005...........................  Attainment............................
 
                                                                                         * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.


[[Page 22803]]

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[FR Doc. 05-8707 Filed 5-2-05; 8:45 am]
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