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Environmental Protection Agency 40 CFR Part 81 40 CFR Parts 50, 51, and 81 8-Hour Ozone National Ambient Air Quality Standards; Final Rules

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Environmental Protection Agency 40 CFR Part 81 40 CFR Parts 50, 51, and 81 8-Hour Ozone National Ambient Air Quality Standards; Final Rules Friday, April 30, 2004 Part II Environmental Protection Agency 40 CFR Part 81 40 CFR Parts 50, 51, and 81 8-Hour Ozone National Ambient Air Quality Standards; Final Rules VerDate jul<14>2003 22:43 Apr 29, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\30APR2.SGM 30APR2 23858 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations ENVIRONMENTAL PROTECTION when exposed to ozone pollution. In Business Information (CBI) or other AGENCY this document, EPA is also information whose disclosure is promulgating the first deferral of the restricted by statute. Certain other 40 CFR Part 81 effective date, to September 30, 2005, of material, such as copyrighted material, [OAR–2003–0083; FRL–7651–8] the nonattainment designation for Early is not placed on the Internet and will be Action Compact areas that have met all publicly available only in hard copy RIN 2060– milestones through March 31, 2004. form. Publicly available docket Finally, we are inviting States to submit materials are available either Air Quality Designations and by July 15, 2004, requests to reclassify electronically in EDOCKET or in hard Classifications for the 8-Hour Ozone areas if their design value falls within copy at the Docket, EPA/DC, EPA West, National Ambient Air Quality five percent of a high or lower Room B102, 1301 Constitution Ave., Standards; Early Action Compact classification. This rule does not NW., Washington, DC. The Public Areas With Deferred Effective Dates establish or address State and Tribal Reading Room is open from 8:30 a.m. to AGENCY: Environmental Protection obligations for planning and control 4:30 p.m. Monday through Friday, Agency (EPA). requirements which apply to excluding legal holidays. The telephone nonattainment areas for the 8-hour number for the Public Reading Room is ACTION: Final rule. ozone standard. Two separate rules, one (202) 566–1744, and the telephone SUMMARY: This rule sets forth the air of which is also published today, set number for the Office of Air and quality designations and classifications forth the planning and control Radiation Docket and Information for every area in the United States, requirements which apply to Center is (202) 566–1742. In addition, including Indian country, for the 8-hour nonattainment areas for this standard. we have placed a copy of the rule and ozone national ambient air quality The second rule will be published at a a variety of materials regarding standard. We are issuing this rule so later date. designations on EPA’s designation Web that citizens will know whether the air EFFECTIVE DATE: This final rule is site at: http://www.epa.gov/oar/oaqps/ where they live and work is healthful or effective on June 15, 2004. glo/designations and on the Tribal Web unhealthful and to establish the ADDRESSES: EPA has established dockets site at: http://www.epa.gov/air/tribal. boundaries and classifications for areas for this action under Docket ID No. Materials relevant to Early Action designated as nonattainment. Children OAR–2003–0083 (Designations) and Compact (EAC) areas are on EPA’s Web are at risk when exposed to ozone OAR–2003–0090 (Early Action site at: http://www.epa.gov/ttn/naaqs/ pollution because their lungs are still Compacts). All documents in the docket ozone/eac/ developing, people with existing are listed in the EDOCKET index at w1040218_eac_resources.pdf. In respiratory disease are at risk, and even http://www.epa.gov/edocket. Although addition, the public may inspect the healthy people who are active outdoors listed in the index, some information is rule and technical support at the can experience difficulty breathing not publicly available, i.e., Confidential following locations. Regional offices States Dave Conroy, Acting Branch Chief, Air Programs Branch, EPA New Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, England, I Congress Street, Suite 1100, Boston, MA 02114–2023, and Vermont. (617) 918–1661. Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290 New Jersey, New York, Puerto Rico, and Virgin Islands. Broadway, 25th Floor, New York, NY 10007–1866, (212) 637–4249. Makeba Morris, Branch Chief, Air Quality Planning Branch, EPA Re- Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and gion III, 1650 Arch Street, Philadelphia, PA 19103–2187, (215) 814– West Virginia. 2187. Richard A. Schutt, Chief, Regulatory Development Section, EPA Re- Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, gion IV, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., South Carolina, and Tennessee. 12th Floor, Atlanta, GA 30303, (404) 562–9033. Pamela Blakley, Acting Chief, Air Programs Branch, EPA Region V, 77 Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. West Jackson Street, Chicago, IL 60604, (312) 886–4447. Donna Ascenzi, Acting Associate Director, Air Programs, EPA Region Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. VI, 1445 Ross Avenue, Dallas, TX 75202, (214) 665–2725. Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901 Iowa, Kansas, Missouri, and Nebraska. North 5th Street, Kansas City, Kansas 66101–2907, (913) 551–7606. Richard R. Long, Director, Air and Radiation Program, EPA Region Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. VIII, 999 18th Street, Suite 300, Denver, CO 80202–2466, (303) 312–6005. Steven Barhite, Air Planning Office, EPA Region IX, 75 Hawthorne Arizona, California, Guam, Hawaii, and Nevada. Street, San Francisco, CA 94105, (415) 972–3980. Bonnie Thie, Manager, State and Tribal Air Programs, EPA Region X, Alaska, Idaho, Oregon, and Washington. Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553–1189. FOR FURTHER INFORMATION CONTACT: Ms. 541–5284 or by e-mail at: Code C539–02, Research Triangle Park, Sharon Reinders, Designations, Office of [email protected]. NC 27711, phone number (919) 541– Air Quality Planning and Standards, Ms. Annie Nikbakht, Part 81 Code of 5246 or by e-mail at: U.S. Environmental Protection Agency, Federal Regulations, Office of Air [email protected]. Mail Code C539–02, Research Triangle Quality Planning and Standards, U.S. Mr. Doug Grano, Classifications, Park, NC 27711, phone number (919) Environmental Protection Agency, Mail Office of Air Quality Planning and VerDate jul<14>2003 22:43 Apr 29, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\30APR2.SGM 30APR2 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules and Regulations 23859 Standards, U.S. Environmental B. Paperwork Reduction Act signed by the Administrator on April Protection Agency, Mail Code C539–02, C. Regulatory Flexibility Act 15, 2004, to States and Tribes. Research Triangle Park, NC 27711, D. Unfunded Mandates Reform Act III. How Is Ground-Level Ozone phone number (919) 541–3292 or by e- E. Executive Order 13132: Federalism Formed? mail at: [email protected]. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Mr. David Cole, Early Action Ground-level ozone (sometimes Governments referred to as smog) is formed by the Compacts, Office of Air Quality G. Executive Order 13045: Protection of Planning and Standards, U.S. Children from Environmental Health and reaction of volatile organic compounds Environmental Protection Agency, Mail Safety Risks (VOCs) and oxides of nitrogen (NOX) in Code C539–02, Research Triangle Park, H. Executive Order 13211: Actions That the atmosphere in the presence of NC 27711, phone number (919) 541– Significantly Affect Energy Supply, sunlight. These two pollutants, often 5565 or by e-mail at: Distribution, or Use referred to as ozone precursors, are [email protected]. I. National Technology Transfer emitted by many types of pollution Mr. Barry Gilbert, Technical Issues, Advancement Act sources, including on-road and off-road Office of Air Quality Planning and J. Congressional Review Act motor vehicles and engines, power Standards, U.S. Environmental I. Preamble Glossary Of Terms And plants and industrial facilities, and Protection Agency, Mail Code C539–02, Acronyms smaller sources, collectively referred to Research Triangle Park, NC 27711, as area sources. Ozone is predominately The following are abbreviations of phone number (919) 541–5238 or by e- a summertime air pollutant. Changing terms used in the preamble. mail at: [email protected]. weather patterns contribute to yearly SUPPLEMENTARY INFORMATION: CAA—Clean Air Act differences in ozone concentrations CFR—Code of Federal Regulations from region to region. Ozone and the Table of Contents CBI—Confidential Business Information pollutants that form ozone also can be The following is an outline of the CMAQ—Congestion Mitigation Air transported into an area from pollution preamble. Quality sources found hundreds of miles CMSA—Consolidated Metropolitan I. Preamble Glossary of Terms and Acronyms upwind. Statistical Area II. What Is the Purpose of This Document? IV. What Are the Health Concerns III. How Is Ground-Level Ozone Formed? D.C.—District of Columbia EAC—Early Action Compact or Addressed by the 8-Hour Ozone IV. What Are the Health Concerns Addressed Standard? by the 8-Hour Ozone Standard? Compact V. What Is the Chronology of Events Leading EPA—Environmental Protection Agency During the hot summer months, Up to This Rule? or Agency ground-level ozone reaches unhealthy VI. What Are the Statutory Requirements for FR—Federal Register levels in several parts of the country. Designating Areas and What Is EPA’s MPO—Metropolitan Planning Ozone is a significant health concern, Policy and Guidance for Determining particularly for children and people Ozone Nonattainment Area Boundaries Organization for the 8-Hour Ozone NAAQS? MSA—Metropolitan Statistical Area with asthma and other respiratory VII. What Are the Clean Air Act (CAA or Act) NAAQS—National Ambient Air Quality diseases. Ozone has also been associated Requirements for Air Quality Standard or Standard with increased hospitalizations and Designations and what Actions Has EPA NOX—Nitrogen Oxides emergency room visits for respiratory Taken To Meet the Requirements? NOA—Notice of Availability causes, school absences, and reduced A.
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