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Browse by Year / 1998 / January / Friday, January 16, 1998
[Federal Register: January 16, 1998 (Volume 63, Number 11)]
[Rules and Regulations]               
[Page 2725-2803]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja98-16]


[[Page 2725]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 81



Identification of Ozone Areas Attaining the 1-Hour Standard and to 
Which the 1-Hour Standard is No Longer Applicable; Final and Proposed 
Rules


[[Page 2726]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[FRL-5945-7]

 
Identification of Ozone Areas Attaining the 1-Hour Standard and 
to Which the 1-Hour Standard Is No Longer Applicable

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The EPA is taking action today to identify ozone areas where 
the 1-hour standard is no longer applicable. Therefore, the 40 CFR part 
81 for ozone is being amended to reflect such changes. Today's 
regulation is being published in direct response to the President's 
memorandum of July 16, 1997. The President's memo directed EPA to 
publish within 90 days an action identifying ozone areas to which the 
1-hour standard will cease to apply because they have not measured a 
current violation of the 1-hour standard. For all other areas, the 1-
hour standard will continue to apply. Furthermore, this action is being 
done to assist in the phasing-out of the 1-hour standard since the 
recently promulgated new 8-hour standard is now in effect and is more 
protective of public health than the 1-hour ozone standard. The goal is 
to move toward implementation of the new 8-hour standard. Following 
today's action, the Agency intends to publish, in early 1998, a 
subsequent document which takes similar action to revoke the 1-hour 
standard in additional areas that have air quality that does not 
violate the 1-hour standard. Furthermore, the Agency will publish, on 
an annual basis, similar actions identifying areas where the 1-hour 
standard is no longer applicable.

DATES: This regulation will become effective on March 17, 1998 unless 
adverse comments are received during the public comment period. Written 
comments on this rulemaking must be limited to addressing the technical 
correctness of these determinations. All comments must be received on 
or before February 17, 1998. If adverse comments are timely received on 
any provision of the direct final rule, that provision will be 
withdrawn and only those provisions on which no such adverse comments 
are received will become effective on March 17, 1998.

ADDRESSES: Documents relevant to this rulemaking are available for 
inspection at the Air and Radiation Docket and Information Center 
(6101), Attention: Docket No. A-97-42, U.S. Environmental Protection 
Agency, 401 M Street SW, Room M-1500, Washington, DC 20460, telephone 
(202) 260-7548, between 8:00 a.m. and 4:00 p.m., Monday through Friday, 
excluding legal holidays. A reasonable fee may be charged for copying. 
Comments and data may also be submitted electronically by following the 
instructions under SUPPLEMENTARY INFORMATION of this document. No 
Confidential Business Information (CBI) should be submitted through e-
mail.

FOR FURTHER INFORMATION CONTACT: Questions concerning this notice 
should be addressed to Annie Nikbakht (policy) or Barry Gilbert (air 
quality data), Office of Air Quality Planning and Standards, Air 
Quality Strategies and Standards Division, Ozone Policy and Strategies 
Group, MD-15, Research Triangle Park, NC 27711, telephone (919) 541-
5246/5238. In addition, the following Regional Contacts may be called 
for individual information regarding monitoring data and policy matters 
specific for each Regional Office's geographic area:

Region I--Richard P. Burkhart, (617) 565-3578
Region II--Ray Werner, (212) 637-3706
Region III--Marcia Spink, (215) 566-2104
Region IV--Kay Prince, (404) 562-9026
Region V--Todd Nettesheim, (312) 353-9153
Region VI--Lt. Mick Cote, (214) 665-7219
Region VII--Royan Teter, (913) 551-7609
Region VIII--Tim Russ, (303) 312-6479
Region IX--Morris Goldberg,(AIR 7), (415) 744-1296
Region X--William Puckett, (206) 553-1702

SUPPLEMENTARY INFORMATION: Electronic Availability--The official record 
for this rulemaking, as well as the public version, has been 
established under docket number A-97-42 (including comments and data 
submitted electronically as described below). A public version of this 
record, including printed, paper versions of electronic comments, which 
does not include any information claimed as CBI, is available for 
inspection from 8:00 a.m. to 4:00 p.m., Monday through Friday, 
excluding legal holidays. The official rulemaking record is located at 
the address in ADDRESSES at the beginning of this document. Electronic 
comments can be sent directly to EPA at: A-and-R-
Docket@epamail.epa.gov. Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Comments and data will also be accepted on disks in 
WordPerfect in 5.1 file format or ASCII file format. All comments and 
data in electronic form must be identified by the docket number A-97-
42. Electronic comments on this direct final rule may be filed online 
at many Federal Depository Libraries.
    If adverse comments are timely received on any provision of this 
direct final rule, all such comments will be addressed in a subsequent 
final rule based on those provisions of the proposed rule contained in 
the Proposed Rules Section of this Federal Register that is identical 
to this direct final rule. Such provisions will be withdrawn from the 
Direct Final Rule.

Table of Contents

I. Background
II. Summary of Today's Action
III. Analysis of Air Quality Data
IV. Tables
V. Other Regulatory Requirements
    A. Executive Order 12866
    B. Regulatory Flexibility Act
    C. Unfunded Mandates
    D. Submission to Congress and the General Accounting Office
    E. Petitions for Judicial Review

I. Background

    On November 6, 1991, the Agency issued a rulemaking (56 FR 56694) 
which set forth the attainment status, including designations and 
classifications, for selected areas affected by ozone, carbon monoxide, 
particulate matter, and lead national ambient air quality standards 
(NAAQS). That rulemaking established on a State-by-State, pollutant-by-
pollutant basis, the attainment status of the above-mentioned NAAQS. 
Such air quality data used in the determinations for the rulemaking 
were submitted by the appropriate States; the data were approved and 
the areas were then designated and classified by the EPA. Subsequent to 
the November 6, 1991 action, on November 30, 1992, the Agency issued 
corrections (57 FR 56762) to the tables for some of the designations, 
boundaries, and classifications as provided for under section 110(k)(6) 
of the Clean Air Act (CAA).
    Under the CAA, designations can be changed if sufficient data are 
available to warrant such changes and if certain other requirements are 
met (see CAA section 107(d)(3)(D)). Section 107(d)(3)(E) of the CAA 
provides that the Administrator may promulgate a redesignation of a 
nonattainment area to attainment if certain criteria are met. Such has 
been the case for several ozone nonattainment areas which have been 
redesignated to attainment over the

[[Page 2727]]

course of years following the CAA Amendments of 1990. The Agency has 
promulgated these redesignations to attainment in the Federal Register 
and thus has amended 40 CFR parts 52 and 81 accordingly.
    On July 16, 1997, the President issued a memorandum (62 FR 38421, 
July 18, 1997) to the Administrator of the EPA which indicates that 
within 90 days of promulgation of the new 8-hour standard, the EPA will 
publish an action identifying ozone areas to which the 1-hour standard 
will cease to apply. The memorandum states that for areas where the air 
quality does not currently attain the 1-hour standard, the 1-hour 
standard will continue in effect. The provisions of subpart 2 of title 
I of the CAA would also apply to currently designated nonattainment 
areas until such time as each area has air quality meeting the 1-hour 
standard.
    On July 18, 1997 (62 FR 38856), EPA promulgated a regulation 
replacing the 1-hour ozone standard with an 8-hour standard at a level 
of 0.08 parts per million (ppm). The form of the 8-hour standard is 
based on the 3-year average of the annual fourth-highest daily maximum 
8-hour average ozone concentrations measured at each monitor within an 
area. The new primary standard which became effective on September 16, 
1997 will provide increased protection to the public, especially 
children and other at-risk populations. On July 18, 1997, EPA also 
announced that revocation of the 1-hour ozone NAAQS would be delayed 
until areas achieved attainment of the 1-hour NAAQS. This was done in 
order to facilitate continuity in public health protection during the 
transition to the new NAAQS.

II. Summary of Today's Action

    The purpose of this document is to revoke the 1-hour standard in 
those areas that EPA has determined are not violating the 1-hour 
standard. For all other areas the 1-hour standard will continue in 
effect. The purpose of retaining the current standard for such areas is 
to ensure a smooth transition to the new standard. When the areas not 
meeting the 1-hour standard have air quality that meets the 1-hour 
standard, as determined by EPA, then the Agency will likewise revoke 
the 1-hour standard for such areas.
    In the immediate future, the Agency intends to issue guidance 
regarding the regulatory implications of today's action (revoking the 
1-hour standard) as related to those areas where the 1-hour standard is 
no longer applicable.

III. Analysis of Air Quality Data

    This action, revoking the 1-hour standard in selected areas, is 
based upon analysis of quality-assured, ambient air quality monitoring 
data showing no violations of the 1-hour ozone standard. The method for 
determining attainment of the ozone NAAQS is contained in 40 CFR part 
50.9 and Appendix H to that section. The level of the 1-hour primary 
and secondary NAAQS for ozone is 0.12 ppm.
    The 1-hour standard no longer applies to an area once EPA 
determines that the area has air quality not violating the 1-hour 
standard. Determinations for this notice were based upon the most 
recent data available, generally 1994-1996 data. The Agency did use 
1997 air quality data where violations were documented during the early 
portion of the 1997 ozone season. In order to revoke the 1-hour 
standard based upon 1995-1997 air quality data, measurements 
encompassing the complete ozone season would need to be available and 
examined. Therefore, after today's action, the Agency intends to 
publish, in early 1998, a subsequent notice which takes similar action 
to revoke the 1-hour standard in additional areas that have air quality 
data for 1995-1997 that do not violate the 1-hour standard. Detailed 
air quality data information used for today's determinations is 
contained in the Technical Support Document (TSD) to Docket No. A-97-
42.

IV. Tables

    The ozone tables codified in today's action are significantly 
different from the tables now included in 40 CFR part 81. The current 
40 CFR part 81 designation listings (revised as of November 6, 1991) 
include, by State and NAAQS pollutant, a brief description of areas 
within the State and their respective designation. Today's action 
includes completely new tables for ozone which indicate areas where the 
1-hour standard no longer applies, as well as where the 1-hour standard 
remains in effect.

V. Other Regulatory Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000. The EPA is certifying that this rule will not have a 
significant impact on a substantial number of small entities.

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), 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 
costs to State, local, or tribal governments in the aggregate; or to 
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.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action imposes no 
new requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. 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 May 18, 1998. Filing a petition for 
reconsideration by the

[[Page 2728]]

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

    Air pollution control, National parks, Wilderness areas.

    Dated: December 29, 1997.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I 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. 7401-7671q.

    2. In Sec. 81.301, the table entitled ``Alabama--Ozone'' is revised 
to read as follows:


Sec. 81.301  Alabama.

* * * * *

                                                            Alabama--Ozone (1-Hour Standard)                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification                    
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date\1\                       Type                      Date\1\                       Type                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Birmingham Area:                                                                                                                                        
    Jefferson County....................     11/15/90  Nonattainment............................     11/15/90  Marginal.                                
    Shelby County.......................     11/15/90  Nonattainment............................     11/15/90  Marginal.                                
Rest of State...........................  ...........  1 hr. std. N.A.\2\                                                                               
    Autauga County                                                                                                                                      
    Baldwin County                                                                                                                                      
    Barbour County                                                                                                                                      
    Bibb County                                                                                                                                         
    Blount County                                                                                                                                       
    Bullock County                                                                                                                                      
    Butler County                                                                                                                                       
    Calhoun County                                                                                                                                      
    Chambers County                                                                                                                                     
    Chilton County                                                                                                                                      
    Choctaw County                                                                                                                                      
    Clarke County                                                                                                                                       
    Clay County                                                                                                                                         
    Cleburne County                                                                                                                                     
    Coffee County                                                                                                                                       
    Colbert County                                                                                                                                      
    Conecuh County                                                                                                                                      
    Coosa County                                                                                                                                        
    Covington County                                                                                                                                    
    Crenshaw County                                                                                                                                     
    Cullman County                                                                                                                                      
    Dale County                                                                                                                                         
    Dallas County                                                                                                                                       
    De Kalb County                                                                                                                                      
    Elmore County                                                                                                                                       
    Escambia County                                                                                                                                     
    Etowah County                                                                                                                                       
    Fayette County                                                                                                                                      
    Franklin County                                                                                                                                     
    Geneva County                                                                                                                                       
    Greene County                                                                                                                                       
    Hale County                                                                                                                                         
    Henry County                                                                                                                                        
    Houston County                                                                                                                                      
    Jackson County                                                                                                                                      
    Lamar County                                                                                                                                        
    Lauderdale County                                                                                                                                   
    Lawrence County                                                                                                                                     
    Lee County                                                                                                                                          
    Limestone County                                                                                                                                    
    Lowndes County                                                                                                                                      
    Macon County                                                                                                                                        
    Madison County                                                                                                                                      
    Marengo County                                                                                                                                      
    Marion County                                                                                                                                       
    Marshall County                                                                                                                                     
    Mobile County                                                                                                                                       

[[Page 2729]]

                                                                                                                                                        
    Monroe County                                                                                                                                       
    Montgomery County                                                                                                                                   
    Morgan County                                                                                                                                       
    Perry County                                                                                                                                        
    Pickens County                                                                                                                                      
    Pike County                                                                                                                                         
    Randolph County                                                                                                                                     
    Russell County                                                                                                                                      
    St. Clair County                                                                                                                                    
    Sumter County                                                                                                                                       
    Talladega County                                                                                                                                    
    Tallapoosa County                                                                                                                                   
    Tuscaloosa County                                                                                                                                   
    Walker County                                                                                                                                       
    Washington County                                                                                                                                   
    Wilcox County                                                                                                                                       
    Winston County                                                                                                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is March 17, 1998, unless otherwise noted.                                                                                                
\2\ 1 hour standard Not Applicable.                                                                                                                     

* * * * * * *
    3. In Sec. 81.302, the table entitled ``Alaska--Ozone'' is revised 
to read as follows:


Sec. 81.302  Alaska.

* * * * * * *

                                                             Alaska--Ozone (1-Hour Standard)                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification                    
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                    Type \2\                    Date \1\                    Type \2\                
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                                                                                                        
AQCR 08 Cook Inlet Intrastate...........  ...........  1 hr. std. N.A.\2\                                                                               
    Anchorage Election District                                                                                                                         
    Kenai Penninsula Election District                                                                                                                  
    Matanuska-Susitna Election District                                                                                                                 
    Seward Election District                                                                                                                            
AQCR 09 Northern Alaska Intrastate......  ...........  1 hr. std. N.A.\2\                                                                               
    Barrow Election District                                                                                                                            
    Fairbanks Election District                                                                                                                         
    Kobuk Election District                                                                                                                             
    Nome Election District                                                                                                                              
    North Slope Election District                                                                                                                       
    Northwest Arctic Borough                                                                                                                            
    Southeast Fairbanks Election                                                                                                                        
     District                                                                                                                                           
    Upper Yukon Election District                                                                                                                       
    Yukon-Koyukuk Election District                                                                                                                     
AQCR 10 South Central Alaska Intrastate.  ...........  1 hr. std. N.A.\2\                                                                               
    Aleutian Islands Election District                                                                                                                  
    Aleutians East Borough                                                                                                                              
    Aleutians West Census                                                                                                                               
    Bethel Election District                                                                                                                            
    Bristol Bay Borough Election                                                                                                                        
     District                                                                                                                                           
    Bristol Bay Election District                                                                                                                       
    Cordova-McCarthy Election District                                                                                                                  
    Dillingham Election District                                                                                                                        
    Kodiak Island Election District                                                                                                                     
    Kuskokwim Election District                                                                                                                         
    Valdez-Cordova Election District                                                                                                                    
    Wade Hampton Election District                                                                                                                      
AQCR 11 Southeastern Alaska Intrastate..  ...........  1 hr. std. N.A.\2\                                                                               
    Angoon Election District                                                                                                                            
    Haines Election District                                                                                                                            
    Juneau Election District                                                                                                                            
    Ketchikan Election District                                                                                                                         
    Outer Ketchikan Election District                                                                                                                   
    Prince Of Wales Election District                                                                                                                   
    Sitka Election District                                                                                                                             

[[Page 2730]]

                                                                                                                                                        
    Skagway-Yakutat Election District                                                                                                                   
    Wrangell-Petersburg Election                                                                                                                        
     District                                                                                                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is March 17, 1998, unless otherwise noted.                                                                                                
\2\ 1 hour standard Not Applicable.                                                                                                                     

* * * * * * *
    4. In Sec. 81.303, the table entitled ``Arizona--Ozone'' is revised 
to read as follows:


Sec. 81.303  Arizona.

* * * * * * *

                                                             Arizona-Ozone (1-Hour Standard)                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification                    
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Phoenix Area:                                                                                                                                           
    Maricopa County (part)..............     11/15/90  Nonattainment............................     12/08/97  Serious.                                 
    The Urban Planning Area of the                                                                                                                      
     Maricopa Association of Governments                                                                                                                
     is bounded as follows:                                                                                                                             
        1. Commencing at a point which                                                                                                                  
         is at the intersection of the                                                                                                                  
         eastern line of Range 7 East,                                                                                                                  
         Gila and Salt River Baseline                                                                                                                   
         and Meridian, and the southern                                                                                                                 
         line of Township 2 South, said                                                                                                                 
         point is the southeastern                                                                                                                      
         corner of the Maricopa                                                                                                                         
         Association of Governments                                                                                                                     
         Urban Planning Area, which is                                                                                                                  
         the point of beginning;                                                                                                                        
        2. thence, proceed northerly                                                                                                                    
         along the eastern line of Range                                                                                                                
         7 East, which is the common                                                                                                                    
         boundary between Maricopa and                                                                                                                  
         Pinal Counties, as described in                                                                                                                
         Arizona Revised Statute Section                                                                                                                
         11-109, to a point where the                                                                                                                   
         eastern line of Range 7 East                                                                                                                   
         intersects the northern line of                                                                                                                
         Township 1 North, said point is                                                                                                                
         also the intersection of the                                                                                                                   
         Maricopa County Line and the                                                                                                                   
         Tonto National Forest Boundary,                                                                                                                
         as established by Executive                                                                                                                    
         Order 869 dated July 1, 1908,                                                                                                                  
         as amended and shown on the                                                                                                                    
         U.S. Forest Service 1969                                                                                                                       
         Planimetric Maps;                                                                                                                              
        3. thence, westerly along the                                                                                                                   
         northern line of Township 1                                                                                                                    
         North to approximately the                                                                                                                     
         southwest corner of the                                                                                                                        
         southeast quarter of Section                                                                                                                   
         35, Township 2 North, Range 7                                                                                                                  
         East, said point being the                                                                                                                     
         boundary of the Tonto National                                                                                                                 
         Forest and Usery Mountain Semi-                                                                                                                
         Regional Park;                                                                                                                                 
        4. thence, northerly along the                                                                                                                  
         Tonto National Forest Boundary,                                                                                                                
         which is generally the western                                                                                                                 
         line of the east half of                                                                                                                       
         Sections 26 and 35 of Township                                                                                                                 
         2 North, Range 7 East, to a                                                                                                                    
         point which is where the                                                                                                                       
         quarter section line intersects                                                                                                                
         with the northern line of                                                                                                                      
         Section 26, Township 2 North,                                                                                                                  
         Range 7 East, said point also                                                                                                                  
         being the northeast corner of                                                                                                                  
         the Usery Mountain Semi-                                                                                                                       
         Regional Park;                                                                                                                                 
        5. thence, westerly along the                                                                                                                   
         Tonto National Forest Boundary,                                                                                                                
         which is generally the south                                                                                                                   
         line of Sections 19, 20, 21 and                                                                                                                
         22 and the southern line of the                                                                                                                
         west half of Section 23,                                                                                                                       
         Township 2 North, Range 7 East,                                                                                                                
         to a point which is the                                                                                                                        
         southwest corner of Section 19,                                                                                                                
         Township 2 North, Range 7 East;                                                                                                                
        6. thence, northerly along the                                                                                                                  
         Tonto National Forest Boundary                                                                                                                 
         to a point where the Tonto                                                                                                                     
         National Forest Boundary                                                                                                                       
         intersects with the eastern                                                                                                                    
         boundary of the Salt River                                                                                                                     
         Indian Reservation, generally                                                                                                                  
         described as the center line of                                                                                                                
         the Salt River Channel;                                                                                                                        

[[Page 2731]]

                                                                                                                                                        
        7. thence, northeasterly and                                                                                                                    
         northerly along the common                                                                                                                     
         boundary of the Tonto National                                                                                                                 
         Forest and the Salt River                                                                                                                      
         Indian Reservation to a point                                                                                                                  
         which is the northeast corner                                                                                                                  
         of the Salt River Indian                                                                                                                       
         Reservation, and the southeast                                                                                                                 
         corner of the Fort McDowell                                                                                                                    
         Indian Reservation, as shown on                                                                                                                
         the plat dated July 22, 1902,                                                                                                                  
         and recorded with the U.S.                                                                                                                     
         Government on June 15, 1902;                                                                                                                   
        8. thence, northeasterly along                                                                                                                  
         the common boundary between the                                                                                                                
         Tonto National Forest and the                                                                                                                  
         Fort McDowell Indian                                                                                                                           
         Reservation to a point which is                                                                                                                
         the northeast corner of the                                                                                                                    
         Fort McDowell Indian                                                                                                                           
         Reservation;                                                                                                                                   
        9. thence, southwesterly along                                                                                                                  
         the northern boundary of the                                                                                                                   
         Fort McDowell Indian                                                                                                                           
         Reservation, which line is a                                                                                                                   
         common boundary with the Tonto                                                                                                                 
         National Forest, to a point                                                                                                                    
         where the boundary intersects                                                                                                                  
         with the eastern line of                                                                                                                       
         Section 12, Township 4 North,                                                                                                                  
         Range 6 East;                                                                                                                                  
        10. thence, northerly along the                                                                                                                 
         eastern line of Range 6 East to                                                                                                                
         a point where the eastern line                                                                                                                 
         of Range 6 East intersects with                                                                                                                
         the southern line of Township 5                                                                                                                
         North, said line is the                                                                                                                        
         boundary between the Tonto                                                                                                                     
         National Forest and the east                                                                                                                   
         boundary of the McDowell                                                                                                                       
         Mountain Regional Park;                                                                                                                        
        11. thence, westerly along the                                                                                                                  
         southern line of Township 5                                                                                                                    
         North to a point where the                                                                                                                     
         southern line intersects with                                                                                                                  
         the eastern line of Range 5                                                                                                                    
         East which line is the boundary                                                                                                                
         of Tonto National Forest and                                                                                                                   
         the north boundary of McDowell                                                                                                                 
         Mountain Regional Park;                                                                                                                        
        12. thence, northerly along the                                                                                                                 
         eastern line of Range 5 East to                                                                                                                
         a point where the eastern line                                                                                                                 
         of Range 5 East intersects with                                                                                                                
         the northern line of Township 5                                                                                                                
         North, which line is the                                                                                                                       
         boundary of the Tonto National                                                                                                                 
         Forest;                                                                                                                                        
        13. thence, westerly along the                                                                                                                  
         northern line of Township 5                                                                                                                    
         North to a point where the                                                                                                                     
         northern line of Township 5                                                                                                                    
         North intersects with the                                                                                                                      
         easterly line of Range 4 East,                                                                                                                 
         said line is the boundary of                                                                                                                   
         the Tonto National Forest;                                                                                                                     
        14. thence, northerly along the                                                                                                                 
         eastern line of Range 4 East to                                                                                                                
         a point where the eastern line                                                                                                                 
         of Range 4 East intersects with                                                                                                                
         the northern line of Township 6                                                                                                                
         North, which line is the                                                                                                                       
         boundary of the Tonto National                                                                                                                 
         Forest;                                                                                                                                        
        15. thence, westerly along the                                                                                                                  
         northern line of Township 6                                                                                                                    
         North to a point of                                                                                                                            
         intersection with the Maricopa-                                                                                                                
         Yavapai County line, which is                                                                                                                  
         generally described in Arizona                                                                                                                 
         Revised Statute Section 11-109                                                                                                                 
         as the center line of the Aqua                                                                                                                 
         Fria River (Also the north end                                                                                                                 
         of Lake Pleasant);                                                                                                                             
        16. thence, southwesterly and                                                                                                                   
         southerly along the Maricopa-                                                                                                                  
         Yavapai County line to a point                                                                                                                 
         which is described by Arizona                                                                                                                  
         Revised Statute Section 11-109                                                                                                                 
         as being on the center line of                                                                                                                 
         the Aqua Fria River, two miles                                                                                                                 
         southerly and below the mouth                                                                                                                  
         of Humbug Creek;                                                                                                                               
        17. thence, southerly along the                                                                                                                 
         center line of the Aqua Fria                                                                                                                   
         River to the intersection of                                                                                                                   
         the center line of the Aqua                                                                                                                    
         Fria River and the center line                                                                                                                 
         of Beardsley Canal, said point                                                                                                                 
         is generally in the northeast                                                                                                                  
         quarter of Section 17, Township                                                                                                                
         5 North, Range 1 East, as shown                                                                                                                
         on the U.S. Geological Survey's                                                                                                                
         Baldy Mountain, Arizona                                                                                                                        
         Quadrangle Map, 7.5 Minute                                                                                                                     
         series (Topographic), dated                                                                                                                    
         1964;                                                                                                                                          

[[Page 2732]]

                                                                                                                                                        
        18. thence, southwesterly and                                                                                                                   
         southerly along the center line                                                                                                                
         of Beardsley Canal to a point                                                                                                                  
         which is the center line of the                                                                                                                
         Beardsley Canal where it                                                                                                                       
         intersects with the center line                                                                                                                
         of Indian School Road;                                                                                                                         
        19. thence, westerly along the                                                                                                                  
         center line of West Indian                                                                                                                     
         School Road to a point where                                                                                                                   
         the center line of West Indian                                                                                                                 
         School Road intersects with the                                                                                                                
         center line of North Jackrabbit                                                                                                                
         Trail;                                                                                                                                         
        20. thence, southerly along the                                                                                                                 
         center line of Jackrabbit Trail                                                                                                                
         approximately nine and three-                                                                                                                  
         quarter miles to a point where                                                                                                                 
         the center line of Jackrabbit                                                                                                                  
         Trail intersects with the Gila                                                                                                                 
         River, said point is generally                                                                                                                 
         on the north-south quarter                                                                                                                     
         section line of Section 8,                                                                                                                     
         Township 1 South, Range 2 West;                                                                                                                
        21. thence, northeasterly and                                                                                                                   
         easterly up the Gila River to a                                                                                                                
         point where the Gila River                                                                                                                     
         intersects with the northern                                                                                                                   
         extension of the western                                                                                                                       
         boundary of Estrella Mountain                                                                                                                  
         Regional Park, which point is                                                                                                                  
         generally the quarter corner of                                                                                                                
         the northern line of Section                                                                                                                   
         31, Township 1 North, Range 1                                                                                                                  
         West;                                                                                                                                          
        22. thence, southerly along the                                                                                                                 
         extension of the western                                                                                                                       
         boundary and along the western                                                                                                                 
         boundary of Estrella Mountain                                                                                                                  
         Regional Park to a point where                                                                                                                 
         the southern extension of the                                                                                                                  
         western boundary of Estrella                                                                                                                   
         Mountain Regional Park                                                                                                                         
         intersects with the southern                                                                                                                   
         line of Township 1 South;                                                                                                                      
        23. thence, easterly along the                                                                                                                  
         southern line of Township 1                                                                                                                    
         South to a point where the                                                                                                                     
         south line of Township 1 South                                                                                                                 
         intersects with the western                                                                                                                    
         line of Range 1 East, which                                                                                                                    
         line is generally the southern                                                                                                                 
         boundary of Estrella Mountain                                                                                                                  
         Regional Park;                                                                                                                                 
        24. thence, southerly along the                                                                                                                 
         western line of Range 1 East to                                                                                                                
         the southwest corner of Section                                                                                                                
         18, Township 2 South, Range 1                                                                                                                  
         East, said line is the western                                                                                                                 
         boundary of the Gila River                                                                                                                     
         Indian Reservation;                                                                                                                            
        25. thence, easterly along the                                                                                                                  
         southern boundary of the Gila                                                                                                                  
         River Indian reservation, which                                                                                                                
         is the southern line of                                                                                                                        
         Sections 13, 14, 15, 16, 17 and                                                                                                                
         18, Township 2 South, Range 1                                                                                                                  
         East, to the boundary between                                                                                                                  
         Maricopa and Pinal Counties as                                                                                                                 
         described in Arizona Revised                                                                                                                   
         Statutes Section 11-109 and 11-                                                                                                                
         113, which is the eastern line                                                                                                                 
         of Range 1 East;                                                                                                                               
        26. thence, northerly along the                                                                                                                 
         eastern boundary of Range 1                                                                                                                    
         East, which is the common                                                                                                                      
         boundary between Maricopa and                                                                                                                  
         Pinal Counties, to a point                                                                                                                     
         where the eastern line of Range                                                                                                                
         1 East intersects the Gila                                                                                                                     
         River;                                                                                                                                         
        27. thence, southerly up the                                                                                                                    
         Gila River to a point where the                                                                                                                
         Gila River intersects with the                                                                                                                 
         southern line of Township 2                                                                                                                    
         South; and.                                                                                                                                    
        28. thence, easterly along the                                                                                                                  
         southern line of Township 2                                                                                                                    
         South to the point of beginning                                                                                                                
         which is a point where the                                                                                                                     
         southern line of Township 2                                                                                                                    
         South intersects with the                                                                                                                      
         eastern line of Range 7 East.                                                                                                                  
Tucson Area:                                                                                                                                            
    Pima County (part)                                                                                                                                  
        Tuscon area.....................  ...........  1 hr. std. N.A.\2\                                                                               
    Rest of State.......................  ...........  1 hr. std. N.A.\2\                                                                               
        Apache County                                                                                                                                   
        Cochise County                                                                                                                                  
        Coconino County                                                                                                                                 
        Gila County                                                                                                                                     

[[Page 2733]]

                                                                                                                                                        
        Graham County                                                                                                                                   
        Greenlee County                                                                                                                                 
        La Paz County                                                                                                                                   
        Maricopa County (part)                                                                                                                          
            area outside of Phoenix                                                                                                                     
        Mohave County                                                                                                                                   
        Navajo County                                                                                                                                   
        Pima County (part)                                                                                                                              
            Remainder of county                                                                                                                         
        Pinal County                                                                                                                                    
        Santa Cruz County                                                                                                                               
        Yavapai County                                                                                                                                  
        Yuma County                                                                                                                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is March 17, 1998, unless otherwise noted.                                                                                                
\2\ 1 hour standard Not Applicable.                                                                                                                     

* * * * * * *
    5. In Sec. 81.304, the table entitled ``Arkansas--Ozone'' is 
revised to read as follows:


Sec. 81.304  Arkansas.

* * * * * * *

                                                            Arkansas--Ozone (1-Hour Standard)                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification                    
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
AQCR 016 Central Arkansas Intrastate      ...........  1 hr. std. N.A.\2\                                                                               
 (part)                                                                                                                                                 
    Pulaski County                                                                                                                                      
AQCR 016 Central Arkansas Intrastate      ...........  1 hr. std. N.A.\2\                                                                               
 (Remainder of)                                                                                                                                         
    Chicot County                                                                                                                                       
    Clark County                                                                                                                                        
    Cleveland County                                                                                                                                    
    Conway County                                                                                                                                       
    Dallas County                                                                                                                                       
    Desha County                                                                                                                                        
    Drew County                                                                                                                                         
    Faulkner County                                                                                                                                     
    Garland County                                                                                                                                      
    Grant County                                                                                                                                        
    Hot Spring County                                                                                                                                   
    Jefferson County                                                                                                                                    
    Lincoln County                                                                                                                                      
    Lonoke County                                                                                                                                       
    Perry County                                                                                                                                        
    Pope County                                                                                                                                         
    Saline County                                                                                                                                       
    Yell County                                                                                                                                         
AQCR 017 Metropolitan Fort Smith          ...........  1 hr. std. N.A.\2\                                                                               
 Interstate                                                                                                                                             
    Benton County                                                                                                                                       
    Crawford County                                                                                                                                     
    Sebastian County                                                                                                                                    
    Washington County                                                                                                                                   
AQCR 018 Metropolitan Memphis Interstate  ...........  1 hr. std. N.A.\2\                                                                               
    Crittenden County                                                                                                                                   
AQCR 019 Monroe-El Dorado Interstate      ...........  1 hr. std. N.A.\2\                                                                               
    Ashley County                                                                                                                                       
    Bradley County                                                                                                                                      
    Calhoun County                                                                                                                                      
    Nevada County                                                                                                                                       
    Ouachita County                                                                                                                                     
    Union County                                                                                                                                        
AQCR 020 Northeast Arkansas Intrastate    ...........  1 hr. std. N.A.\2\                                                                               
    Arkansas County                                                                                                                                     
    Clay County                                                                                                                                         
    Craighead County                                                                                                                                    
    Cross County                                                                                                                                        
    Greene County                                                                                                                                       
    Independence County                                                                                                                                 

[[Page 2734]]

                                                                                                                                                        
    Jackson County                                                                                                                                      
    Lawrence County                                                                                                                                     
    Lee County                                                                                                                                          
    Mississippi County                                                                                                                                  
    Monroe County                                                                                                                                       
    Phillips County                                                                                                                                     
    Poinsett County                                                                                                                                     
    Prairie County                                                                                                                                      
    Randolph County                                                                                                                                     
    Sharp County                                                                                                                                        
    St. Francis County                                                                                                                                  
    White County                                                                                                                                        
    Woodruff County                                                                                                                                     
AQCR 021 Northwest Arkansas Intrastate    ...........  1 hr. std. N.A.\2\                                                                               
    Baxter County                                                                                                                                       
    Boone County                                                                                                                                        
    Carroll County                                                                                                                                      
    Cleburne County                                                                                                                                     
    Franklin County                                                                                                                                     
    Fulton County                                                                                                                                       
    Izard County                                                                                                                                        
    Johnson County                                                                                                                                      
    Logan County                                                                                                                                        
    Madison County                                                                                                                                      
    Marion County                                                                                                                                       
    Montgomery County                                                                                                                                   
    Newton County                                                                                                                                       
    Pike County                                                                                                                                         
    Polk County                                                                                                                                         
    Scott County                                                                                                                                        
    Searcy County                                                                                                                                       
    Stone County                                                                                                                                        
    Van Buren County                                                                                                                                    
AQCR 022 Shreveport-Texarkana-Tyler       ...........  1 hr. std. N.A.\2\                                                                               
 Interstate                                                                                                                                             
    Columbia County                                                                                                                                     
    Hempstead County                                                                                                                                    
    Howard County                                                                                                                                       
    Lafayette County                                                                                                                                    
    Little River County                                                                                                                                 
    Miller County                                                                                                                                       
    Sevier County                                                                                                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is March 17, 1998, unless otherwise noted.                                                                                                
\2\ 1 hour standard Not Applicable.                                                                                                                     

* * * * * * *
    6. In 81.305, the table entitled ``California--Ozone'' is revised 
to read as follows:


Sec. 81.305  California.

* * * * * * *

                                                           California--Ozone (1-Hour Standard)                                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification                    
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amador County Area......................     11/15/90  Unclassifiable/Attainment................     11/15/90                                           
Calaveras County Area:                                                                                                                                  
    Calaveras County....................     11/15/90  Unclassifiable/Attainment................     11/15/90                                           
Chico Area:                                                                                                                                             
    Butte County........................  ...........  1 hr. std. N.A.\2\                                                                               
Imperial County Area:                                                                                                                                   
    Imperial County.....................     11/15/90  Nonattainment............................     11/15/90  Sec. 185A Area.\3\                       
Los Angeles-South Coast Air Basin Area:                                                                                                                 
    Los Angeles County (part)--that          11/15/90  Nonattainment............................     11/15/90  Extreme.                                 
     portion of Los Angeles County which                                                                                                                
     lies south and west of a line                                                                                                                      
     described as follows.                                                                                                                              

[[Page 2735]]

                                                                                                                                                        
        1. Beginning at the Los Angeles-                                                                                                                
         San Bernardino County boundary                                                                                                                 
         and running west along the                                                                                                                     
         Township line common to                                                                                                                        
         Township 3 North and Township 2                                                                                                                
         North, San Bernardino Base and                                                                                                                 
         Meridian;                                                                                                                                      
        2. then north along the range                                                                                                                   
         line common to Range 8 West and                                                                                                                
         Range 9 West;                                                                                                                                  
        3. then west along the Township                                                                                                                 
         line common to Township 4 North                                                                                                                
         and Township 3 North;                                                                                                                          
        4. then north along the range                                                                                                                   
         line common to Range 12 West                                                                                                                   
         and Range 13 West to the                                                                                                                       
         southeast corner of Section 12,                                                                                                                
         Township 5 North and Range 13                                                                                                                  
         West;                                                                                                                                          
        5. then west along the south                                                                                                                    
         boundaries of Sections 12, 11,                                                                                                                 
         10, 9, 8, and 7, Township 5                                                                                                                    
         North and Range 13 West to the                                                                                                                 
         boundary of the Angeles                                                                                                                        
         National Forest which is                                                                                                                       
         collinear with the range line                                                                                                                  
         common to Range 13 West and                                                                                                                    
         Range 14 West;                                                                                                                                 
        6. then north and west along the                                                                                                                
         Angeles National Forest                                                                                                                        
         boundary to the point of                                                                                                                       
         intersection with the Township                                                                                                                 
         line common to Township 7 North                                                                                                                
         and Township 6 North (point is                                                                                                                 
         at the northwest corner of                                                                                                                     
         Section 4 in Township 6 North                                                                                                                  
         and Range 14 West);                                                                                                                            
        7. then west along the Township                                                                                                                 
         line common to Township 7 North                                                                                                                
         and Township 6 North;                                                                                                                          
        8. then north along the range                                                                                                                   
         line common to Range 15 West                                                                                                                   
         and Range 16 West to the                                                                                                                       
         southeast corner of Section 13,                                                                                                                
         Township 7 North and Range 16                                                                                                                  
         West;                                                                                                                                          
        9. then along the south                                                                                                                         
         boundaries of Sections 13, 14,                                                                                                                 
         15, 16, 17, and 18, Township 7                                                                                                                 
         North and Range 16 West;                                                                                                                       
        10. then north along the range                                                                                                                  
         line common to Range 16 West                                                                                                                   
         and Range 17 West to the north                                                                                                                 
         boundary of the Angeles                                                                                                                        
         National Forest (collinear with                                                                                                                
         the Township line common to                                                                                                                    
         Township 8 North and Township 7                                                                                                                
         North);                                                                                                                                        
        11. then west along the Angeles                                                                                                                 
         National Forest boundary to the                                                                                                                
         point of intersection with the                                                                                                                 
         south boundary of the Rancho La                                                                                                                
         Liebre Land Grant;                                                                                                                             
        12. then west and north along                                                                                                                   
         this land grant boundary to the                                                                                                                
         Los Angeles-Kern County                                                                                                                        
         boundary.                                                                                                                                      
    Orange County.......................     11/15/90  Nonattainment............................     11/15/90  Extreme.                                 
    Riverside County (part)--that            11/15/90  Nonattainment............................     11/15/90  Extreme.                                 
     portion of Riverside County which                                                                                                                  
     lies to the west of a line                                                                                                                         
     described as follows.                                                                                                                              
        1. Beginning at the Riverside-                                                                                                                  
         San Diego County boundary and                                                                                                                  
         running north along the range                                                                                                                  
         line common to Range 4 East and                                                                                                                
         Range 3 East, San Bernardino                                                                                                                   
         Base and Meridian;                                                                                                                             
        2. then east along the Township                                                                                                                 
         line common to Township 8 South                                                                                                                
         and Township 7 South;                                                                                                                          
        3. then north along the range                                                                                                                   
         line common to Range 5 East and                                                                                                                
         Range 4 East;                                                                                                                                  
        4. then west along the Township                                                                                                                 
         line common to Township 6 South                                                                                                                
         and Township 7 South to the                                                                                                                    
         southwest corner of Section 34,                                                                                                                
         Township 6 South, Range 4 East;                                                                                                                
        5. then north along the west                                                                                                                    
         boundaries of Sections 34, 27,                                                                                                                 
         22, 15, 10, and 3, Township 6                                                                                                                  
         South, Range 4 East;                                                                                                                           
        6. then west along the Township                                                                                                                 
         line common to Township 5 South                                                                                                                
         and Township 6 South;                                                                                                                          
        7. then north along the range                                                                                                                   
         line common to Range 4 East and                                                                                                                
         Range 3 East;                                                                                                                                  

[[Page 2736]]

                                                                                                                                                        
        8. then west along the south                                                                                                                    
         boundaries of Sections 13, 14,                                                                                                                 
         15, 16, 17, and 18, Township 5                                                                                                                 
         South, Range 3 East;                                                                                                                           
        9. then north along the range                                                                                                                   
         line common to Range 2 East and                                                                                                                
         Range 3 East;                                                                                                                                  
        10. then west along the Township                                                                                                                
         line common to Township 4 South                                                                                                                
         and Township 3 South to the                                                                                                                    
         intersection of the southwest                                                                                                                  
         boundary of partial Section 31,                                                                                                                
         Township 3 South, Range 1 West;                                                                                                                
        11. then northwest along that                                                                                                                   
         line to the intersection with                                                                                                                  
         the range line common to Range                                                                                                                 
         2 West and Range 1 West;                                                                                                                       
        12. then north to the Riverside-                                                                                                                
         San Bernardino County line,                                                                                                                    
    San Bernardino County (part)--that       11/15/90  Nonattainment............................     11/15/90  Extreme.                                 
     portion of San Bernardino County                                                                                                                   
     which lies south and west of a line                                                                                                                
     described as follows.                                                                                                                              
        1. Beginning at the San                                                                                                                         
         Bernardino-Riverside County                                                                                                                    
         boundary and running north                                                                                                                     
         along the range line common to                                                                                                                 
         Range 3 East and Range 2 East,                                                                                                                 
         San Bernardino Base and                                                                                                                        
         Meridian;                                                                                                                                      
        2. then west along the Township                                                                                                                 
         line common to Township 3 North                                                                                                                
         and Township 2 North to the San                                                                                                                
         Bernardino-Los Angeles County                                                                                                                  
         boundary.                                                                                                                                      
Monterey Bay Area:                                                                                                                                      
    Monterey County.....................  ...........  1 hr. std. N.A.\2\                                                                               
    San Benito County...................  ...........  1 hr. std. N.A.\2\                                                                               
    Santa Cruz County...................  ...........  1 hr. std. N.A.\2\                                                                               
Sacramento Metro Area:                                                                                                                                  
    El Dorado County (part).............     11/15/90  Nonattainment............................       6/1/95  Severe-15.                               
    All portions of the county except                                                                                                                   
     that portion of El Dorado County                                                                                                                   
     within the drainage area naturally                                                                                                                 
     tributary to Lake Tahoe including                                                                                                                  
     said Lake.                                                                                                                                         
    Placer County (part)................     11/15/90  Nonattainment............................       6/1/95  Severe-15.                               
    All portions of the county except                                                                                                                   
     that portion of Placer County                                                                                                                      
     within the drainage area naturally                                                                                                                 
     tributary to Lake Tahoe including                                                                                                                  
     said Lake, plus that area in the                                                                                                                   
     vicinity of the head of the Truckee                                                                                                                
     River described as follows:                                                                                                                        
     commencing at the point common to                                                                                                                  
     the aforementioned drainage area                                                                                                                   
     crestline and the line common to                                                                                                                   
     Townships 15 North and 16 North,                                                                                                                   
     Mount Diablo Base and Meridian                                                                                                                     
     (M.D.B.&M.), and following that                                                                                                                    
     line in a westerly direction to the                                                                                                                
     northwest corner of Section 3,                                                                                                                     
     Township 15 North, Range 16 East,                                                                                                                  
     M.D.B.&M., thence south along the                                                                                                                  
     west line of Sections 3 and 10,                                                                                                                    
     Township 15 North, Range 16 East,                                                                                                                  
     M.D.B.&M., to the intersection with                                                                                                                
     the said drainage area crestline,