Stay of Authority Under 40 CFR 50.9(b) Related to Applicability of 1-Hour Ozone Standard

요약

The EPA is proposing to stay its authority under the second sentence of 40 CFR 50.9(b) to determine that an area has attained the 1-hour standard ("Proposed Stay") and that the 1-hour standard no longer applies. The EPA proposes that the stay shall be effective until such time as EPA takes final action in a subsequent rulemaking addressing whether the second sentence of 40 CFR 50.9(b) should be modified in light of the Supreme Court's decision in Whitman v. American Trucking Ass'ns, Inc., 531 U.S. 457 (2001), remanding EPA's strategy for the implementation of the 8-hour ozone NAAQS to EPA for further consideration. In the subsequent rulemaking reconsidering the second sentence of 40 CFR 50.9(b), EPA will consider and address any comments concerning (a) which, if any, implementation activities for an 8-hour ozone standard, including designations and classifications, would need to occur before EPA would determine that the 1-hour ozone standard no longer applies to an area, and (b) the effect of revising the ozone NAAQS on the existing 1-hour ozone designations.