[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Rules and Regulations]
[Pages 17897-17906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6825]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2008-0006; FRL-8550-1]
RIN 2060-AO83


Final 8-Hour Ozone National Ambient Air Quality Standards 
Designations for the Early Action Compact Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is designating 13 Early Action Compact (EAC) Areas as 
attainment for the 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). The EAC areas agreed to reduce ground-level ozone pollution 
earlier than the Clean Air Act (CAA) required and to demonstrate 
attainment with the 8-hour ozone NAAQS by December 31, 2007. The States 
in which these 13 areas are located have submitted quality-assured data 
indicating that the areas are in

[[Page 17898]]

attainment for the 8-hour ozone NAAQS based on ambient air monitoring 
data from 2005, 2006 and 2007. In addition, consistent with EPA's 
implementing regulations, the 1-hour ozone NAAQS will no longer apply 
in each of these areas one year after the effective date of the 
designation. We are modifying the 8-hour ozone NAAQS tables in the 
regulations to reflect the attainment designation for the 13 EAC areas 
and the 1-hour ozone NAAQS tables in the regulations to reflect that 
the 1-hour standard will no longer apply in these areas as of April 15, 
2009. Additionally, we are modifying the 8-hour and 1-hour ozone NAAQS 
tables in the regulations to reflect the nonattainment designation for 
the Denver EAC area, which became effective November 20, 2007 and to 
reflect that the 1-hour standard will no longer apply in that area as 
of November 20, 2008.

DATES: This rule is effective April 15, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2008-0006. All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Docket, EPA/DC, EPA West 
Building, EPA Headquarters Library, Room 3334, located at 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
Hours of operation will be 8:30 a.m. to 4:30 p.m. Eastern Standard Time 
(EST), Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Office of Air and Radiation Docket is (202) 566-1742. 
The Air and Radiation Docket Information Center's e-mail address is [email protected], and Web address is: http://www.epa.gov/oar/docket.html. In addition, we have placed a copy of the rule and a 
variety of materials relevant to EAC areas on EPA's Web site at http://www.epa.gov/ttn/naaqs/ozone/eac/.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
Mail Code C539-04, Research Triangle Park, NC 27711, phone number (919) 
541-1051 or by e-mail at: [email protected] or Mr. David Cole, 
Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Mail Code C304-05, Research Triangle Park, NC 27711, 
phone number (919) 541-5565 or by e-mail at: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This final action applies to the 13 EAC areas identified in section 
V, Table 1, below that have deferred designations for the 8-hour ozone 
NAAQS until April 15, 2008. Additionally, EPA is taking the ministerial 
action of revising the CFR to reflect the effective date of the 
nonattainment designation for the Denver EAC area, which was designated 
nonattainment on November 20, 2007, and to reflect that the 1-hour 
ozone standard will no longer apply in the Denver area as of November 
20, 2008.

B. How Is This Document Organized?

    The information presented in this preamble is organized as follows:

Outline

I. General Information
    A. Does This Action Apply to Me?
    B. How Is This Document Organized?
II. What is the Purpose of This Document?
III. What Action Has EPA Taken to Date for Early Action Compact 
Areas?
IV. What Comments Did EPA Receive on the February 6, 2008 Proposal 
To Designate These 13 Early Action Compact Areas in Attainment With 
the 8-Hour Ozone NAAQS?
V. What Is the Final Action for the 13 Early Action Compact Areas?
VI. Why Is EPA Revoking the 1-Hour Ozone Standard?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act
    L. Petitions for Judicial Review

II. What Is the Purpose of This Document?

    The purpose of this document is to designate 13 EAC areas as 
attainment for the 8-hour ozone NAAQS, as they have met all the 
milestones of the EAC program and demonstrated that they were in 
attainment with the 8-hour ozone NAAQS by December 31, 2007. This final 
action also takes the ministerial action of revising Section 81.306 to 
reflect the 8-hour ozone nonattainment designation for the Denver EAC 
area, which became effective November 20, 2007. Additionally, it 
revises the 1-hour ozone NAAQS tables for the 13 EAC areas and the 
Denver area to reflect that the 1-hour ozone standard no longer applies 
one year after the effective date of designation for each area. The 1-
hour standard was revoked, effective June 15, 2005 for all other areas 
of the country except the 14 EAC areas that were designated 
nonattainment with a deferred effective date.

III. What Action has EPA Taken to Date for Early Action Compact Areas?

    There are 13 EAC areas that had the effective date of their 8-hour 
ozone designations deferred until April 15, 2008 (71 FR 69022).\1\ 
Fifteen other areas that are participating in the program were 
designated attainment in April 2004, with an effective date of June 15, 
2004. These areas have remained in the program in order to continue 
improving their local air quality. For one EAC area, the Denver EAC 
area, the nonattainment designation for the 8-hour ozone NAAQS became 
effective November 20, 2007, consistent with the terms of a settlement 
agreement reached in litigation challenging our actions with respect to 
the Denver EAC area. Rocky Mountain Clean Air Action v. EPA (D.C. Cir. 
No. 07-1012). For discussions on EPA's actions to date with respect to 
deferring the effective date of nonattainment designations for certain 
areas of the country that are participating in the EAC program and 
Denver specifically please refer to the Federal Register dated June 28, 
2007 (72 FR 35356) and September 21, 2007 (72 FR 53952). In addition, 
EPA's April 30, 2004, air quality designation rule (69 FR 23858) 
provides a description of the compact area approach, the requirements 
for areas participating in

[[Page 17899]]

the compact and the impacts of the compact on those areas.
---------------------------------------------------------------------------

    \1\ As noted previously, we also initially deferred the 
nonattainment designation for the Denver EAC area, but the 
nonattainment designation for the Denver EAC area became effective 
November 20, 2007.
---------------------------------------------------------------------------

    You may find copies of all State reports at http://www.epa.gov/ttn/naaqs/ozone/eac/.

IV. What Comments did EPA receive on the February 6, 2008 proposal to 
designate these 13 Early Action Compact Areas in attainment with the 8-
hour Ozone NAAQS?

    We received three comments on the proposed rule to designate these 
13 EAC areas in attainment with the 8-hour ozone standard effective 
April 15, 2008. We have responded to the comments in this section.
    Comments: Two commenters expressed support for the compact process, 
the goal of clean air sooner, the incentives and flexibility the 
program provides for encouraging early reductions of ozone-forming 
pollution, and the deferred effective date of nonattainment 
designation. However, one commenter opposed the EAC program indicating 
the program conflicts with existing obligations under the Clean Air Act 
and may create the potential for downwind areas to be adversely 
affected by the emissions growth in EAC areas in the future. This 
commenter expressed concern about various legal aspects of the program, 
primarily the deferral of the effective date of the nonattainment 
designation for these areas. The commenter indicated that EPA lacks 
authority under the CAA to defer the effective date of a nonattainment 
designation. In addition, the commenter stated that EPA lacks authority 
to enter into EACs with areas and lacks authority to allow areas to be 
relieved of obligations under title I, part D of the CAA while these 
areas are violating the 8-hour ozone standard or are designated 
nonattainment for that standard.
    Response: The compact program, as designed, gives local areas the 
flexibility to develop their own approach to meeting the 8-hour ozone 
standard. The participating communities are serious in their commitment 
and have demonstrated attainment with the 8-hour ozone standard sooner 
than was required under the CAA by implementing State and local 
measures for controlling emissions from local sources earlier than the 
CAA would otherwise require. By involving diverse stakeholders, 
including representatives from industry, local and State governments, 
and local environmental and citizens groups, a number of these 
communities have, for the first time, cooperated on a regional basis to 
solve environmental problems that affect the health and welfare of 
their citizens. People living in these areas realized reductions in 
pollution levels sooner and are enjoying the health benefits of cleaner 
air sooner than might otherwise occur. We incorporate our responses to 
similar comments from our final rules dated April 30, 2004 (69 FR 
23858) and August 29, 2005 (70 FR 50988) respectively.

V. What is the Final Action for the 13 Early Action Compact Areas?

    The 13 EAC areas with deferred nonattainment designations for the 
8-hour NAAQS, had to meet one final milestone which was to demonstrate 
attainment with the 8-hour ozone NAAQS by December 31, 2007. Each of 
these EAC areas met all of the earlier milestones of the EAC program 
and the States in which the areas are located have now submitted 
quality-assured data demonstrating that the areas attained the 8-hour 
ozone NAAQS based on air quality data from 2005, 2006 and 2007. 
Therefore, EPA is designating these 13 areas as attainment for the 8-
hour ozone standard effective April 15, 2008. Because this action will 
relieve a restriction by finalizing the designations for these areas, 
the requirement of section 553(d) of the Administrative Procedure Act 
that a rule not take effect earlier than 30 days following publication 
does not apply. Table 1 provides the 8-hour ozone design values for 
each of the 13 EAC areas based on the 2005-2007 air quality data.

    Table 1.--8-Hour Ozone Design Values for Compact Areas To Be Designated Attainment for 8-hour Ozone NAAQS
                                            Effective April 15, 2008
                         (NOTE: Name of designated 8-hour ozone area is in parentheses)
----------------------------------------------------------------------------------------------------------------
                                                                                                   8-Hour ozone
                                                                         Counties designated       design value
              State                 Compact area (designated area),   attainment effective April    (parts per
                                                                               15, 2008              million)
----------------------------------------------------------------------------------------------------------------
                                                  EPA Region 3
----------------------------------------------------------------------------------------------------------------
VA...............................  Northern Shenandoah Valley        Winchester City............           0.073
                                    Region (Frederick County, VA),   Frederick County...........
                                    adjacent to Washington, DC-MD-
                                    VA.
VA...............................  Roanoke Area (Roanoke, VA)......  Roanoke County.............           0.076
                                                                     Botetourt County...........
                                                                     Roanoke City...............
                                                                     Salem City.................
MD...............................  Washington County (Washington     Washington County..........           0.079
                                    County (Hagerstown, MD),
                                    adjacent to Washington, DC-MD-
                                    VA.
WV...............................  The Eastern Pan Handle Region     Berkeley County............           0.075
                                    (Berkeley & Jefferson Counties,  Jefferson County...........
                                    WV), Martinsburg area.
----------------------------------------------------------------------------------------------------------------
                                                  EPA Region 4
----------------------------------------------------------------------------------------------------------------
NC...............................  Unifour (Hickory-Morganton-       Catawba County.............           0.078
                                    Lenoir, NC).                     Alexander County...........
                                                                     Burke County (part)........
                                                                     Caldwell County (part).....

[[Page 17900]]

 
NC...............................  Triad (Greensboro-Winston-Salem-  Randolph County............           0.083
                                    High Point, NC).                 Forsyth County.............
                                                                     Davie County...............
                                                                     Alamance County............
                                                                     Caswell County.............
                                                                     Davidson County............
                                                                     Guilford County............
                                                                     Rockingham County..........
NC...............................  Cumberland County (Fayetteville,  Cumberland County..........           0.082
                                    NC).
SC...............................  Appalachian (Greenville-          Spartanburg County.........           0.083
                                    Spartanburg-Anderson, SC).       Greenville County..........
                                                                     Anderson County............
SC...............................  Central Midlands Columbia area..  Richland County (part).....           0.082
                                                                     Lexington County (part)....
TN/GA............................   Chattanooga (Chattanooga, TN-    Hamilton County, TN........           0.084
                                    GA).                             Meigs County, TN...........
                                                                     Catoosa County, GA.........
TN...............................  Nashville (Nashville, TN).......  Davidson County............           0.084
                                                                     Rutherford County..........
                                                                     Williamson County..........
                                                                     Wilson County..............
                                                                     Sumner County..............
TN...............................  Johnson City-Kingsport-Bristol    Sullivan County, TN........           0.083
                                    Area (TN portion only).          Hawkins County, TN.........
----------------------------------------------------------------------------------------------------------------
                                                  EPA Region 6
----------------------------------------------------------------------------------------------------------------
TX...............................  San Antonio.....................  Bexar County...............           0.082
                                                                     Comal County...............
                                                                     Guadalupe County...........
----------------------------------------------------------------------------------------------------------------

VI. Why Is EPA Revoking the 1-hour Ozone Standard?

    The regulatory text for the 1-hour ozone standard provides that the 
1-hour ozone standard ``will no longer apply to an area one year after 
the effective date of the designation of that area for the 8-hour ozone 
NAAQS pursuant to section 107 of the Clean Air Act.'' 40 CFR 50.9(b). 
In accordance with this regulation, the 1-hour ozone NAAQS will no 
longer apply in the 13 EAC areas effective April 15, 2009. Because the 
8-hour ozone nonattainment designation for the Denver EAC became 
effective November 20, 2007, the 1-hour ozone NAAQS will no longer 
apply in the Denver EAC area effective November 20, 2008. We are 
revising the 1-hour ozone NAAQS tables in Part 81 to reflect the date 
on which the 1-hour ozone standard will no longer apply for these 
areas.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735; October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.39b). This final rule does not require 
the collection of any information.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an Agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedures Act or any other statute unless the Agency certifies the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small 
entities, small entity is defined as: (1) A small business that is a 
small industrial entity as defined in the Small Business 
Administration's (SBA) regulations at 13 CFR 121.201; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this rule will not have a significant economic 
impact on a substantial number of small entities. This final rule will 
not impose any requirements on small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules

[[Page 17901]]

with ``Federal mandates'' that may result in expenditures to State, 
local, and Tribal governments, in the aggregate, or to the private 
sector, of $100 million or more in any 1 year. Before promulgating an 
EPA rule for which a written statement is needed, section 205 of the 
UMRA generally requires EPA to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, most 
cost-effective or least burdensome alternative that achieves the 
objectives of the rule. The provisions of section 205 do not apply when 
they are inconsistent with applicable law. Moreover, section 205 allows 
EPA to adopt an alternative other than the least costly, most cost-
effective or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, including 
Tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    This final rule does not contain a Federal mandate that may result 
in expenditures of $100 million or more for State, local, and Tribal 
governments, in the aggregate, or the private sector in any one year. 
Thus, this final rulemaking is not subject to the requirements of 
sections 202 and 205 of the UMRA.
    EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments because this rule does not contain Federal mandates.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``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 E.O. 
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.''
    This final rule does not have federalism implications. It 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. The CAA establishes the scheme 
whereby States take the lead in developing plans to meet the NAAQS. 
This final rule would not modify the relationship of the States and EPA 
for purposes of developing programs to implement the NAAQS. Thus, 
Executive Order 13132 does not apply to this final rule.

F. Executive Order 13175: Consultation and 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 does 
not have a substantial direct effect on one or more Indian Tribes, 
since no Tribe has implemented a CAA program to attain the 8-hour ozone 
NAAQS at this time or has participated in a compact. Thus Executive 
Order 13175 does not apply to this rule.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it does not 
establish an environmental standard intended to mitigate health or 
safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This final rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355; May 22, 2001 because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer 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 VCS.
    This final rule does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629; Feb. 16, 1994 establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The health and environmental risks associated with ozone 
were considered in the establishment of the 8-hour, 0.08 ppm ozone 
NAAQS. The level is designed to be protective with an adequate margin 
of safety.

K. 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

[[Page 17902]]

of the United States. The 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). This rule will be effective April 15, 2008.

L. 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 District of Columbia Circuit by June 2, 2008. 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 must 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.

    Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501-7511f; 
42 U.S.C. 7601(a)(1).

    Dated: March 27, 2008.
Stephen L. Johnson,
Administrator.

0
For the reason set out in the preamble, title 40, chapter I 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.

Subpart C--[Amended]

* * * * *

0
2. Section 81.306 is amended as follows:
0
a. In the table entitled ``Colorado-Ozone (1-Hour Standard) \4\'' by 
revising footnote 4.
0
b. In the table entitled ``Colorado-Ozone (8-Hour Standard)'' by 
revising footnote 2.


Sec.  81.306  Colorado.

* * * * *

Colorado-Ozone (1-Hour Standard) \4\

* * * * *
    \4\ The 1-hour ozone standard is revoked effective June 15, 2005 
for all areas in Colorado except the Denver (Denver-Boulder-Greeley-
Ft. Collins-Love) area where it is revoked effective November 20, 
2008.
* * * * *

Colorado-Ozone (8-Hour Standard)

* * * * *
    \2\ Effective November 20, 2007.
* * * * *

0
3. Section 81.311 is amended as follows:
0
a. In the table entitled ``Georgia-Ozone (1-Hour Standard) \2\'' by 
revising footnote 2.
0
b. In the table entitled ``Georgia-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Chattanooga, TN-GA'' by revising the entry for ``Catoosa 
County''.


Sec.  81.311  Georgia.

* * * * *

Georgia-Ozone (1-Hour Standard) \2\

* * * * *
    \2\ The 1-hour ozone standard is revoked effective June 15, 2005 
for all areas in Georgia, except the Chattanooga (Catoosa County) 
area where it is revoked effective April 15, 2009.
* * * * *

                                                  Georgia-Ozone
                                                [8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                                Designation\a\                    Category/classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Chattanooga, TN-GA:
    Catoosa County................           \(2)\  Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    \2\ Effective April 15, 2008.
* * * * *

0
4. Section 81.321 is amended as follows:
0
a. In the table entitled ``Maryland-Ozone (1-Hour Standard) \2\'' by 
revising footnote 2.
0
b. In the table entitled ``Maryland-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Washington County (Hagerstown), MD'' by revising the entry 
for ``Washington County''.


Sec.  81.321  Maryland.

* * * * *

Maryland-Ozone (1-Hour Standard) \2\

* * * * *
    \2\ The 1-hour ozone standard is revoked effective June 15, 2005 
for all areas in Maryland except the Washington Co. area where it is 
revoked effective April 15, 2009.
* * * * *

[[Page 17903]]



                                                 Maryland-Ozone
                                                [8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                    Category/classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type              Date\1\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Washington County (Hagerstown),
 MD:
    Washington County.............           \(2)\  Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    \2\ Effective April 15, 2008.
* * * * *

0
5. Section 81.334 is amended as follows:
0
a. In the table entitled ``North Carolina-Ozone (1-Hour Standard) \2\'' 
by revising footnote 2.
0
b. In the table entitled ``North Carolina-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Fayetteville, NC'' by revising the entry for ``Cumberland 
County''; under ``Greensboro-Winston-Salem-High Point, NC'' by revising 
the entries for ``Alamance County'', ``Caswell County'', ``Davidson 
County'', ``Davie County'', ``Forsyth County'', ``Guilford County'', 
``Randolph County'', and ``Rockingham County''; under ``Hickory-
Morganton-Lenoir, NC'' by revising the entries for ``Alexander 
County'', ``Burke County (part)'', and ``Caldwell County (part)'', and 
``Catawba County''.


Sec.  81.334  North Carolina.

* * * * *

North Carolina-Ozone (1-Hour Standard) \2\

* * * * *
    \2\ The 1-hour ozone standard is revoked effective June 15, 2005 
for all areas in North Carolina except the Cumberland Co. 
(Fayetteville), Triad (Greensboro-Winston-Salem-High Point), and 
Unifour (Hickory-Morgantown-Lenoir areas where it is revoked 
effective April 15, 2009.
* * * * *

                                              North Carolina-Ozone
                                                [8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                    Category/classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Fayetteville, NC:
    Cumberland County.............           \(2)\  Attainment.
Greensboro-Winston-Salem-High
 Point, NC:
    Alamance County...............           \(2)\  Attainment.
    Caswell County................           \(2)\  Attainment.
    Davidson County...............           \(2)\  Attainment.
    Davie County..................           \(2)\  Attainment.
    Forsyth County................           \(2)\  Attainment.
    Guilford County...............           \(2)\  Attainment.
    Randolph County...............           \(2)\  Attainment.
    Rockingham County.............           \(2)\  Attainment.
 
                                                  * * * * * * *
Hickory-Morganton-Lenoir, NC:
    Alexander County..............           \(2)\  Attainment.
    Burke County (part) Unifour              \(2)\  Attainment.
     Metropolitan Planning
     Organization Boundary.
    Caldwell County (part) Unifour           \(2)\  Attainment.
     Metropolitan Planning
     Organization Boundary.
    Catawba County................           \(2)\  Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    \2\ Effective April 15, 2008.
* * * * *
0
6. Section 81.341 is amended as follows:
0
a. In the table entitled ``South Carolina-Ozone (1-Hour Standard) \2\ 
'' by revising footnote 2.
0
b. In the table entitled ``South Carolina-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Columbia, SC'' by revising the entries for ``Lexington 
County (part) Portion along MPO lines'', ``Richland County (part) 
Portion along MPO lines'';

[[Page 17904]]

under ``Greenville-Spartanburg-Anderson, SC'' by revising the entries 
for ``Anderson County'', ``Greenville County'', and ``Spartanburg 
County''.


Sec.  81.341  South Carolina.

* * * * *

South Carolina-Ozone (1-Hour Standard) \2\

* * * * *
    \2 \ The 1-hour ozone standard is revoked effective June 15, 
2005 for all areas in South Carolina except the Central Midlands-I 
(Columbia) and Appalachian-A (Greenville-Spartanburg-Anderson) areas 
where it is revoked effective April 15, 2009.
* * * * *

                                              South Carolina-Ozone
                                                [8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                    Category/classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------
Columbia, SC:
    Lexington County (part)                  \(2)\  Attainment.
     Portion along MPO lines.
    Richland County (part) Portion           \(2)\  .....................
     along MPO lines.
Greenville-Spartanburg-Anderson,
 SC:
    Anderson County...............           \(2)\  Attainment.
    Greenville County.............           \(2)\  Attainment.
    Spartanburg County............           \(2)\  Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    \2 \ Effective April 15, 2008.
* * * * *

0
7. Section 81.343 is amended as follows:
0
a. In the table entitled ``Tennessee-Ozone (1-Hour Standard) \2\'' by 
revising footnote 2.
0
b. In the table entitled ``Tennessee-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Chattanooga, TN-GA'' by revising the entries under 
``Hamilton County'' and ``Meigs County''; under ``Johnson City-
Kingsport-Bristol, TN'' by revising entries for ``Hawkins County'' and 
``Sullivan County''; and under ``Nashville, TN'' by revising the 
entries for ``Davidson County'', ``Rutherford County'', ``Sumner 
County'', ``Williamson County'', and ``Wilson County''.


Sec.  81.343  Tennessee.

* * * * *

Tennessee-Ozone (1-Hour Standard) \2\

* * * * *
    \2\ The 1-hour ozone standard is revoked effective June 15, 2005 
for all areas in Tennessee except the Chattanooga, Johnson City-
Kingsport-Bristol, and Nashville areas where it is revoked effective 
April 15, 2009.
* * * * *

                                                 Tennessee-Ozone
                                                [8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                                Designation a                     Category/classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------
Chattanooga, TN-GA:
    Hamilton County...............           (\2\)  Attainment.
    Meigs County..................           (\2\)  Attainment.
 
                                                  * * * * * * *
Johnson City-Kingsport-Bristol,
 TN:
    Hawkins County................           (\2\)  Attainment.
    Sullivan County...............           (\2\)  Attainment.
 
                                                  * * * * * * *
Nashville, TN:
    Davidson County...............           (\2\)  Attainment.
    Rutherford County.............           (\2\)  Attainment.
    Sumner County.................           (\2\)  Attainment.
    Williamson County.............           (\2\)  Attainment.
    Wilson County.................           (\2\)  Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

\2\ Effective April 15, 2008.
* * * * *

0
8. Section 81.344 is amended as follows:
0
a. In the table entitled ``Texas-Ozone (1-Hour Standard) \2\'' by 
revising footnote 2.

[[Page 17905]]

0
b. In the table entitled ``Texas-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``San Antonio, TX'' by revising the entries ``Bexar County'', 
``Comal County'', and ``Guadalupe County''.


Sec.  81.344  Texas.

* * * * *

Texas-Ozone (1-Hour Standard) \2\

* * * * *
    \2\ The 1-hour ozone standard is revoked effective June 15, 2005 
for all areas in Texas except the San Antonio area where it is 
revoked effective April 15, 2009.
* * * * *

                                                   Texas-Ozone
                                                [8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                                Designation a                     Category/classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
San Antonio, TX:                             (\2\)
    Bexar County..................           (\2\)  Attainment.
    Comal County..................           (\2\)  Attainment.
    Guadalupe County..............           (\2\)  Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
\2\ Effective April 15, 2008.
* * * * *

0
9. Section 81.347 is amended as follows:
0
a. In the table entitled ``Virginia-Ozone (1-Hour Standard) \3\'' by 
revising footnote 3.
0
b. In the table entitled ``Virginia-Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Frederick Col, VA'' by revising the entries for ``Frederick 
County'' and ``Winchester City'', and under ``Roanoke, VA'' by revising 
the entries for ``Botetourt County'', ``Roanoke City'', ``Roanoke 
County'' and ``Salem City''.


Sec.  81.347  Virginia.

* * * * *

Virginia-Ozone (1-Hour Standard) \3\

* * * * *
    \3\ The 1-hour ozone standard is revoked effective June 15, 2005 
for all areas in Virginia except Northern Shenandoah Valley Region 
(Winchester City and Frederick County) and Roanoke area where it is 
revoked effective April 15, 2009.
* * * * *

                                                 Virginia-Ozone
                                                [8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                    Category/classification
          Designated area          -----------------------------------------------------------------------------
                                        Date\1\              Type              Date\1\              Type
----------------------------------------------------------------------------------------------------------------
Frederick Co., VA:
    Frederick County..............           (\2\)   Attainment.
    Winchester City...............           (\2\)   Attainment.
 
                                                  * * * * * * *
 Roanoke, VA:
    Botetourt County..............           (\2\)   Attainment.
    Roanoke City..................           (\2\)   Attainment.
    Roanoke County................           (\2\)   Attainment
    Salem City....................           (\2\)   Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    \2\ Effective April 15, 2008.

* * * * *

0
10. Section 81.349 is amended as follows:
0
a. In the table entitled ``West Virginia--Ozone (1-Hour Standard) \2\ 
'' by revising footnote 2.
0
b. In the table entitled ``West Virginia--Ozone (8-Hour Standard)'' by:
0
i. Revising footnote 2.
0
ii. Under ``Berkeley & Jefferson Cos, WV'' by revising the entries for 
``Berkeley County'' and ``Jefferson County''.


Sec.  81.349  West Virginia.

* * * * *

West Virginia-Ozone (1-Hour Standard) \2\

* * * * *
    \2\ The 1-hour ozone standard is revoked effective June 15, 2005 
for all areas in West Virginia except the Eastern Pan Handle Region 
(Berkeley and Jefferson Counties) where it is revoked effective 
April 15, 2009.
* * * * *

[[Page 17906]]



                                               West Virginia-Ozone
                                                [8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                    Category/classification
          Designated area          -----------------------------------------------------------------------------
                                        Date\1\              Type              Date\1\              Type
----------------------------------------------------------------------------------------------------------------
 Berkeley & Jefferson Cos. WV:
    Berkeley County...............           (\2\)   Attainment.
     Jefferson County.............           (\2\)   Attainment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    \2\ Effective April 15, 2008.
* * * * *
[FR Doc. E8-6825 Filed 4-1-08; 8:45 am]
BILLING CODE 6560-50-P