[Federal Register: February 10, 2005 (Volume 70, Number 27)]
[Proposed Rules]
[Page 7070-7071]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe05-30]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[R07-OAR-2005-MO-0002; FRL-7871-3]
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: Proposed rule.
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SUMMARY: On April 15, 2004, we, the U.S. Environmental Protection
Agency (EPA) announced designations under the 8-hour ozone National
Ambient Air Quality Standard (NAAQS). That action designated several
counties in the Kansas City area as unclassifiable. The counties in the
Kansas City area included in the designation were Johnson, Linn, Miami
and Wyandotte Counties in Kansas and Cass, Clay, Jackson and Platte
Counties in Missouri. This document proposes to redesignate the above
counties to attainment. We are soliciting comments on this proposed
action.
DATES: Comments must be received on or before March 14, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R07-OAR-2005-MO-0002, by one of the following
methods:
1. Federal eRulemaking Portal: http: //http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: daniels.leland@epa.gov.
4. Mail: Leland Daniels, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
5. Hand Delivery or Courier. Deliver your comments to: Leland
Daniels, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to RME ID Number R07-OAR-2005-
MO-0002. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://docket.epa.gov/rmepub, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., 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 in RME
or in hard copy at the Environmental Protection Agency, Air Planning
and Development Branch, 901 North 5th Street, Kansas City, Kansas. EPA
requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The interested
persons wanting to examine these documents should make an appointment
with the office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Leland Daniels at (913) 551-7651, or
by e-mail at daniels.leland@epa.gov.
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 requirements for designations and
redesignations and what are EPA's regulatory requirements and policy
regarding redesignations?
What new information is available regarding air quality in
Kansas City?
What about Kansas City's air quality in the future?
What action is EPA taking in regard to the designation of the
Kansas City area?
What Is the Background for This Action?
On April 15, 2004, the Administrator of the EPA signed a final rule
(69 FR 23858; April 30, 2004) announcing 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 Kansas City area designation was based on review of ozone data
from 2001 through 2003. The counties in the Kansas City area designated
as
[[Page 7071]]
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.
What Are the Statutory Requirements for Designations and Redesignations
and What Are EPA's Regulatory Requirements and Policy Regarding
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 include
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 About Kansas City's Air Quality in the Future?
EPA's rule for implementing the 8-hour ozone standard calls for
communities that were maintenance areas for the 1-hour ozone standard
and are attainment areas for the 8-hour ozone standard to put in place
a plan to maintain the 8-hour ozone standard for a ten-year period, no
later than three years after designation. Thus both Kansas and Missouri
are required to develop a plan to maintain the 8-hour ozone standard in
the Kansas City area.
What Action Is EPA Taking in Regard to the Designation of the Kansas
City Area?
Based upon 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 proposing to redesignate 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.
We are soliciting comments on this proposed action. Final
rulemaking will occur after consideration of any comments.
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, 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.).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National park,
Wilderness area.
Dated: January 26, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 05-2610 Filed 2-9-05; 8:45 am]
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