99-1259. Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Salt Lake City Carbon Monoxide Redesignation to Attainment, Designation of Areas for Air Quality Planning Purposes, and Approval of Related Revisions  

  • [Federal Register Volume 64, Number 13 (Thursday, January 21, 1999)]
    [Rules and Regulations]
    [Pages 3216-3225]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-1259]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Parts 52 and 81
    
    [UT-001-0002a; FRL-6201-8]
    
    
    Approval and Promulgation of Air Quality Implementation Plans; 
    State of Utah; Salt Lake City Carbon Monoxide Redesignation to 
    Attainment, Designation of Areas for Air Quality Planning Purposes, and 
    Approval of Related Revisions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: On November 24, 1995, the Governor of Utah submitted a request 
    to redesignate the Salt Lake City (SLC) ``not classified'' carbon 
    monoxide (CO) nonattainment area to attainment for the CO National 
    Ambient Air Quality Standard (NAAQS). The Governor also submitted a CO 
    maintenance plan and revisions to Utah Administrative Code Rule (UACR) 
    R307-1-3.3 to ensure that rules applicable to the SLC CO nonattainment 
    area remain in effect after SLC is redesignated to attainment. On 
    December 9, 1996, the Governor submitted a revised SLC CO maintenance 
    plan that incorporated revised contingency measures, updated air 
    quality monitoring data, and other minor revisions to the maintenance 
    plan. In this action, EPA is approving the SLC redesignation request, 
    the revised maintenance plan, and the changes to UACR R307-1-3.3.
    
    DATES: This direct final rule is effective on March 22, 1999 without 
    further notice, unless EPA receives adverse comments by February 22, 
    1999. If adverse comment is received, EPA will publish a timely 
    withdrawal of the direct final rule in the Federal Register and inform 
    the public that the rule will not take effect.
    
    ADDRESSES: Written comments may be mailed to: Richard R. Long, 
    Director, Air and Radiation Program, Mailcode 8P-AR, United States 
    Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
    500, Denver, Colorado 80202-2466.
        Copies of the documents relevant to this action are available for 
    public inspection during normal business hours at the following 
    offices:
    
    
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    United States Environmental Protection Agency, Region VIII, Air and 
    Radiation Program, 999 18th Street, Suite 500, Denver, Colorado 80202-
    2466; and,
    United States Environmental Protection Agency, Air and Radiation Docket 
    and Information Center, 401 M Street, SW, Washington, DC 20460.
    
        Copies of the State documents relevant to this action are available 
    for public inspection at: Utah Division of Air Quality, Department of 
    Environmental Quality, 150 North 1950 West, Salt Lake City Utah, 84114-
    4820.
    
    FOR FURTHER INFORMATION CONTACT: Tim Russ, Air and Radiation Program, 
    Mailcode 8P-AR, United States Environmental Protection Agency, Region 
    VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, 
    Telephone number: (303) 312-6479.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On November 15, 1990, the Clean Air Act Amendments of 1990 were 
    enacted (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
    7671q). Under section 107(d)(1)(C) of the Clean Air Act (CAA), EPA 
    designated the SLC area as nonattainment for CO because the area had 
    been previously designated as nonattainment before November 15, 1990. 
    The SLC area was classified as a ``not classified'' CO nonattainment 
    area as the area had not violated the CO NAAQS in 1988 and 
    1989.1
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        \1\ The EPA describes areas as ``not classified'' if they were 
    designated nonattainment both prior to enactment and (pursuant to 
    CAA section 107(d)(1)(C)) at enactment, and if the area did not 
    violate the primary CO NAAQS in either year for the 2-year period of 
    1988 through 1989. Refer to the ``General Preamble for the 
    Implementation of Title I of the Clean Air Act Amendments of 1990'', 
    57 FR 13498, April 16, 1992. See specifically 57 FR 13535, April 16, 
    1992.
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        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 not promulgate a redesignation of a 
    nonattainment area to attainment unless:
        (i) The Administrator determines that the area has attained the 
    national ambient air quality standard;
        (ii) The Administrator has fully approved the applicable 
    implementation plan for the area under CAA section 110(k);
        (iii) The Administrator determines that the improvement in air 
    quality is due to permanent and enforceable reductions in emissions 
    resulting from implementation of the applicable implementation plan and 
    applicable Federal air pollutant control regulations and other 
    permanent and enforceable reductions;
        (iv) The Administrator has fully approved a maintenance plan for 
    the area as meeting the requirements of CAA section 175A; and,
        (v) The State containing such area has met all requirements 
    applicable to the area under section 110 and part D of the CAA.
        Thus, before EPA can approve the redesignation request, EPA must 
    find, among other things, that all applicable SIP elements have been 
    fully approved. Approval of the applicable SIP elements may occur prior 
    to final approval of the redesignation request or simultaneously with 
    final approval of the redesignation request. EPA notes there are no 
    outstanding SIP elements necessary for the redesignation. However, the 
    Governor has requested approval of revisions to R307-1-3.3 to ensure 
    that new source review rules applicable to the SLC nonattainment area 
    remain in effect after SLC is redesignated to attainment. Therefore, 
    EPA is approving the revisions to R307-1-3.3 at the same time it 
    approves the redesignation.
        EPA has reviewed the State's redesignation request, maintenance 
    plan, and related SIP revisions and believes that approval of the 
    request is warranted, consistent with the requirements of CAA section 
    107(d)(3)(E). Descriptions of how the section 107(d)(3)(E) requirements 
    are being addressed are provided below.
    
    Section 1. Brief Administrative History of the SLC CO Redesignation 
    Request, Maintenance Plan, and Related SIP Submittal
    
        On November 24, 1995, the Governor of Utah submitted a CO 
    redesignation request and maintenance plan for the SLC area along with 
    revisions to the Utah Administrative Code Rule (UACR) R307-1-3.3 to 
    ensure that new source review rules applicable to the SLC nonattainment 
    area remain in effect after SLC is redesignated to attainment. On 
    December 9, 1996, the Governor submitted a revised maintenance plan. 
    The purpose of the December 9, 1996, submittal was to provide revised 
    contingency measures, updated air quality monitoring data, and other 
    minor revisions to the maintenance plan.
    
    Section 2. Redesignation Criterion: The Area Must Have Attained the 
    Carbon Monoxide (CO) NAAQS
    
        Section 107(d)(3)(E)(i) of the CAA states that for an area to be 
    redesignated to attainment, the Administrator must determine that the 
    area has attained the applicable NAAQS. As described in 40 CFR 50.8, 
    the national primary ambient air quality standard for carbon monoxide 
    is 9 parts per million (10 milligrams per cubic meter) for an 8-hour 
    average concentration not to be exceeded more than once per year. 40 
    CFR 50.8 continues by stating that the levels of CO in the ambient air 
    shall be measured by a reference method based on 40 CFR part 50, 
    Appendix C and designated in accordance with 40 CFR part 53 or an 
    equivalent method designated in accordance with 40 CFR part 53. 
    Attainment of the CO standard is not a momentary phenomenon based on 
    short-term data. Rather, for an area to be considered attainment, each 
    of the CO ambient air quality monitors in the area are allowed to 
    record no more than one exceedance of the CO standard over a one-year 
    period. 40 CFR 50.8 and 40 CFR part 50, Appendix C. If a single monitor 
    in the CO monitoring network records more than one exceedance of the CO 
    standard during a one-year calendar period, then the area is in 
    violation of the CO NAAQS. In addition, EPA's interpretation of the CAA 
    and EPA national policy 2 has been that an area seeking 
    redesignation to attainment must show attainment of the CO NAAQS for a 
    continuous two-year calendar period and, additionally, at least through 
    the date that EPA promulgates the redesignation to attainment in the 
    Federal Register.
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        \2\ Refer to EPA's September 4, 1992, John Calcagni policy 
    memorandum entitled ``Procedures for Processing Requests to 
    Redesignate Areas to Attainment.''
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        Utah's CO redesignation request for the SLC area is based on an 
    analysis of quality assured ambient air quality monitoring data that 
    are relevant to the redesignation request. Ambient air quality 
    monitoring data for consecutive calendar years 1992 through 1997 show a 
    measured exceedance rate of 1.0 or less per year, per monitor, of the 
    CO NAAQS in the SLC nonattainment area. These data were collected and 
    analyzed as required by EPA (see 40 CFR 50.8 and 40 CFR part 50, 
    Appendix C) and have been archived by the State in EPA's Aerometric 
    Information and Retrieval System (AIRS) national database. Further 
    information on CO monitoring is presented in section IX.C.7.c of the 
    State's maintenance plan and in the State's TSD. Since 1988, only one 
    exceedance of the 9.0 ppm CO standard has been measured and this 
    occurred in 1994. EPA notes, however, that the SLC area has not 
    violated the CO standard and continues to demonstrate attainment.
    
    [[Page 3218]]
    
        Because the SLC nonattainment area has quality-assured data showing 
    no violations of the CO NAAQS for 1993 and 1994, the years the State 
    used to support the redesignation request, and additionally, over the 
    most recent consecutive two-calendar-year period, the SLC area has met 
    the first component for redesignation: demonstration of attainment of 
    the CO NAAQS. EPA notes that the State of Utah has also committed in 
    the maintenance plan to the necessary continued operation of the CO 
    monitoring network in compliance with all applicable federal 
    regulations and guidelines.
    
    Section 3. Redesignation Criterion: The Area Must Have Met All 
    Applicable Requirements Under Section 110 and Part D of the CAA
    
        Section 107(d)(3)(E)(v) requires that, to be redesignated to 
    attainment, an area must meet all applicable requirements under section 
    110 and part D of the CAA. EPA interprets section 107(d)(3)(E)(v) to 
    mean that for a redesignation to be approved, the State must meet all 
    requirements that applied to the subject area prior to or at the time 
    of the submission of a complete redesignation request. Requirements of 
    the CAA due after the submission of a complete redesignation request 
    need not be considered in evaluating the request.
    A. CAA Section 110 Requirements
        On August 15, 1984, EPA approved revisions to Utah's SIP (45 FR 
    32575) as meeting the requirements of section 110(a)(2) of the CAA. 
    Although section 110 of the CAA was amended in 1990, most of the 
    changes were not substantial. The only additional CAA requirement 
    assigned to the SLC area was the preparation and submittal of a 1990 
    base year CO emission inventory. The Governor submitted this base year 
    inventory on July 11, 1994. EPA approved this inventory on June 29, 
    1995 (60 FR 33745). Thus, EPA has determined that the SIP revisions 
    approved in 1984 continue to satisfy the requirements of section 
    110(a)(2). For further detail, please see 45 FR 32575.
    B. Part D Requirements
        Before the SLC not classified CO nonattainment area may be 
    redesignated to attainment, the State must have fulfilled the 
    applicable requirements of part D. Under part D, an area's 
    classification indicates the requirements to which it will be subject. 
    Subpart 1 of part D sets forth the basic nonattainment requirements 
    applicable to all nonattainment areas, whether classified or 
    nonclassifiable.
        The relevant Subpart 1 requirements are contained in sections 
    172(c) and 176. The General Preamble (57 FR 13498, April 16, 1992) 
    provides EPA's interpretations of the CAA requirements for not 
    classified CO areas (see 57 FR 13535):
    
        ``Although it seems clear that the CO-specific requirements of 
    subpart 3 of part D do not apply to CO ``not classified'' areas, the 
    1990 CAAA are silent as to how the requirements of subpart 1 of part 
    D, which contains general SIP planning requirements for all 
    designated nonattainment areas, should be interpreted for such CO 
    areas. Nevertheless, because these areas are designated 
    nonattainment, some aspects of subpart 1 necessarily apply.''
    
        Under section 172(b), the applicable section 172(c) requirements, 
    as determined by the Administrator, were due no later than three years 
    after an area was designated as nonattainment under section 107(d) of 
    the amended CAA (see 56 FR 56694). In the case of the SLC area, the due 
    date was November 15, 1993. As the SLC CO redesignation request and 
    maintenance plan were not submitted by the Governor until November 24, 
    1995, the General Preamble (57 FR 13535) provides that the applicable 
    requirements of CAA section 172 are 172(c)(3) (emissions inventory), 
    172(c)(5) (new source review permitting program), and 172(c)(7) (the 
    section 110(a)(2) air quality monitoring requirements)). EPA has 
    determined that Part D requirements for Reasonably Available Control 
    Measures (RACM), an attainment demonstration, reasonable further 
    progress (RFP), and contingency measures (CAA section 172(c)(9)) are 
    not applicable to not classified CO areas. See 57 FR 13535, April 16, 
    1992. It is also worth noting that EPA has interpreted the requirements 
    of sections 172(c)(1) (reasonable available control measures--RACM), 
    172(c)(2) (reasonable further progress--RFP), 172(c)(6) (other 
    measures), and 172(c)(9) (contingency measures) as being irrelevant to 
    a redesignation request because they only have meaning for an area that 
    is not attaining the standard. See EPA's September 4, 1992, John 
    Calcagni memorandum entitled, ``Procedures for Processing Requests to 
    Redesignate Areas to Attainment'', and the General Preamble, 57 FR at 
    13564, dated April 16, 1992. Finally, the State has not sought to 
    exercise the options that would trigger sections 172(c)(4) 
    (identification of certain emissions increases) and 172(c)(8) 
    (equivalent techniques). Thus, these provisions are also not relevant 
    to this redesignation request.
        Section 176 of the CAA contains requirements related to conformity. 
    Although EPA's regulations (see 40 CFR Sec. 51.396) require that states 
    adopt transportation conformity provisions in their SIPs for areas 
    designated nonattainment or subject to an EPA-approved maintenance 
    plan, EPA has decided that a transportation conformity SIP is not an 
    applicable requirement for purposes of evaluating a redesignation 
    request under section 107(d) of the CAA. This decision is reflected in 
    EPA's 1996 approval of the Boston carbon monoxide redesignation. (See 
    61 FR 2918, January 30, 1996.)
        In that action, EPA explained that its decision was based on a 
    combination of two factors. First, the requirement to submit SIP 
    revisions to comply with the conformity provisions of the CAA continues 
    to apply to areas after redesignation to attainment. Therefore, the 
    State remains obligated to adopt the transportation conformity rules 
    even after redesignation and would risk sanctions for failure to do so. 
    Unlike most requirements of section 110 and part D, which are linked to 
    the nonattainment status of an area, and are not required after 
    redesignation of an area to attainment, the conformity requirements 
    apply to both nonattainment and maintenance areas. Second, EPA's 
    federal conformity rules require the performance of conformity analyses 
    in the absence of State-adopted rules. Therefore, a delay in adopting 
    State rules does not relieve an area from the obligation to implement 
    conformity requirements.
        Because areas are subject to the conformity requirements regardless 
    of whether they are redesignated to attainment and must implement 
    conformity under Federal rules if State rules are not yet adopted, EPA 
    believes it is reasonable to view these requirements as not being 
    applicable requirements for purposes of evaluating a redesignation 
    request. Further information regarding transportation conformity and 
    mobile source emission budgets are found below in section II 
    ``Transportation Conformity''.
        The applicable requirements of CAA section 172 are discussed below.
        (1.) Section 172(c)(3)--Emissions Inventory. Section 172(c)(3) of 
    the CAA requires a comprehensive, accurate, current inventory of all 
    actual emissions from all sources in the SLC nonattainment area. EPA's 
    interpretation of the emission inventory requirement for ``not 
    classified'' CO nonattainment areas is detailed in the General Preamble 
    (57 FR 13535, April 16, 1992). EPA determined that an emissions 
    inventory is specifically
    
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    required under CAA section 172(c)(3) and is not tied to an area's 
    proximity to attainment. EPA concluded that an emissions inventory must 
    be included as a revision to the SIP and was due 3 years from the time 
    of the area's designation. For ``not classified'' CO areas, this date 
    became November 15, 1993. To address the section 172(c)(3) requirement 
    for a ``current'' inventory, EPA interpreted ``current'' to mean 
    calendar year 1990 (See 57 FR 13502, April 16, 1992).
        On July 11, 1994, the Governor submitted the 1990 base year 
    inventory for the SLC CO nonattainment area. EPA approved this 1990 
    base year CO inventory on June 29, 1995 (60 FR 33745).
        (2.) Section 172(c)(5) New Source Review (NSR). The CAA requires 
    all nonattainment areas to meet several requirements regarding NSR, 
    including provisions to ensure that increased emissions will not result 
    from any new or modified stationary major sources and a general offset 
    rule. The State of Utah has a fully-approved NSR program (60 FR 22277, 
    May 5, 1995) that meets the requirements of CAA section 172(c)(5).
        (3.) Section 172(c)(7)--Compliance With CAA section 110(a)(2): Air 
    Quality Monitoring Requirements. According to EPA's interpretations 
    presented in the General Preamble (57 FR 13535), ``not classified'' CO 
    nonattainment areas should meet the ``applicable'' air quality 
    monitoring requirements of section 110(a)(2) of the CAA as explicitly 
    referenced by sections 172 (b) and (c) of the CAA. With respect to this 
    requirement, the State indicates in section IX, Part C.7.c. (``Carbon 
    Monoxide Monitoring'') of the maintenance plan, that ambient CO 
    monitoring data have been properly collected and uploaded to EPA's 
    Aerometric Information and Retrieval System (AIRS) since 1986 for the 
    SLC area. Air quality data through 1994 are included in section IX, 
    Part C.7.c. of the maintenance plan and Volume 1 of the State's TSD. 
    EPA has more recently polled the AIRS database and has verified that 
    the State has also uploaded additional ambient CO data through 1997. 
    The data in AIRS indicate that the SLC area has shown, and continues to 
    show, attainment of the CO NAAQS. The State also notes (section IX, 
    Part C.7.c.(1)) that information concerning CO monitoring in Utah is 
    included in the Monitoring Network Review (MNR) prepared by the State 
    and submitted to EPA. Since the early 1980's, the MNR has been updated 
    annually and submitted to EPA for approval. EPA personnel have 
    concurred with Utah's annual network reviews and have agreed that the 
    SLC network remains adequate. Finally, in section IX, Part C.7.c.(5) of 
    the maintenance plan, the State commits to the continued operation of 
    the existing CO monitors, according to all applicable Federal 
    regulations and guidelines, even after the SLC area is redesignated to 
    attainment for CO. The State also notes that it will reevaluate 
    monitoring site locations annually to determine whether new monitoring 
    sites are needed or if the existing monitors should be relocated or 
    removed.
        Section 4. Redesignation Criterion: The Area Must Have A Fully 
    Approved SIP Under Section 110(k) Of The CAA. Section 107(d)(3)(E)(ii) 
    of the CAA states that for an area to be redesignated to attainment, it 
    must be determined that the Administrator has fully approved the 
    applicable implementation plan for the area under section 110(k).
        Based on the approval into the SIP of provisions under the pre-1990 
    CAA and EPA's prior approval of SIP revisions required under the 1990 
    amendments to the CAA, EPA has determined that Utah has a fully 
    approved CO SIP under section 110(k) for the SLC CO nonattainment area.
        Section 5. Redesignation Criterion: The Area Must Show That The 
    Improvement In Air Quality Is Due To Permanent And Enforceable 
    Emissions Reductions. Section 107(d)(3)(E)(iii) of the CAA provides 
    that for an area to be redesignated to attainment, the Administrator 
    must determine that the improvement in air quality is due to permanent 
    and enforceable reductions in emissions resulting from implementation 
    of the applicable implementation plan (SLC CO revision as approved on 
    August 15, 1984, 49 FR 32575), implementation of applicable Federal air 
    pollutant control regulations, and other permanent and enforceable 
    reductions.
        The CO emissions reductions that were derived from the August 15, 
    1984, SIP revision, and as further described in section IX.C.7.b of the 
    December 9, 1996, SLC maintenance plan, were achieved primarily through 
    a Federal emission control measure and CAA-required improvements to the 
    basic vehicle inspection and maintenance (I/M) program. The Federal 
    measure involved CO emission reductions from fleet turnover, which is 
    regulated by the Federal Motor Vehicle Control Program (FMVCP).
        In general, the FMVCP provisions require vehicle manufacturers to 
    meet more stringent vehicle emission limitations for new vehicles in 
    future years. These emission limitations are phased in (as a percentage 
    of new vehicles manufactured) over a period of years. As new, lower 
    emitting vehicles replace older, higher emitting vehicles (``fleet 
    turnover''), emission reductions are realized for a particular area 
    such as SLC. For example, EPA promulgated lower hydrocarbon (HC) and CO 
    exhaust emission standards in 1991, known as Tier I standards for new 
    motor vehicles (light-duty vehicles and light-duty trucks) in response 
    to the 1990 CAA amendments. These Tier I emissions standards were 
    phased in with 40% of the 1994 model year fleet, 80% of the 1995 model 
    year fleet, and 100% of the 1996 model year fleet.
        As stated in section IX.C.7.b.(4) of the maintenance plan, 
    additional emission reductions from Salt Lake County's basic I/M 
    program resulted from a major revision that was fully implemented prior 
    to September 1, 1991. This revision was made in response to a 1990 
    State legislative mandate that Utah Counties administering the basic I/
    M program use computerized analyzers, standardize their programs, and 
    provide reciprocity. These improvements involved the use of BAR90 
    technology emissions analyzers, the inclusion of vehicles owned by 
    federal agencies, federal employees, university and college employees 
    and students, an increased fail rate, the exclusive issuance of waivers 
    by I/M technical center staff, an increase in the dollar amount spent 
    on emission-related repairs to qualify for a waiver, automated data 
    management and audit functions, and coverage of more emission control 
    devices by the Salt Lake County anti-tampering program. Also, as a 
    result of separate State legislation, the number of vehicles qualifying 
    for exemption from the I/M program because of the ``farm truck'' 
    classification was reduced.
        EPA has evaluated the various State and Federal control measures, 
    the 1990 base year emission inventory, the 1993 attainment year 
    emission inventory, and the projected emissions described below, and 
    has concluded that the improvement in air quality in the SLC 
    nonattainment area has resulted from emission reductions that are 
    permanent and enforceable.
        Section 6. Redesignation Criterion: The Area Must Have A Fully 
    Approved Maintenance Plan Under CAA Section 175A. Section 
    107(d)(3)(E)(iv) of the CAA provides that for an area to be 
    redesignated to attainment, the Administrator must have fully approved 
    a maintenance plan for the area meeting the requirements of section 
    175A of the CAA.
    
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        Section 175A of the CAA sets forth the elements of a maintenance 
    plan for areas seeking redesignation from nonattainment to attainment. 
    The maintenance plan must demonstrate continued attainment of the 
    applicable NAAQS for at least ten years after the Administrator 
    approves a redesignation to attainment. Eight years after the 
    promulgation of the redesignation, the State must submit a revised 
    maintenance plan that demonstrates continued attainment for the 
    subsequent ten-year period following the initial ten-year maintenance 
    period. To address the possibility of future NAAQS violations, the 
    maintenance plan must contain contingency measures, with a schedule for 
    adoption and implementation, that are adequate to assure prompt 
    correction of a violation. In addition, EPA issued further maintenance 
    plan interpretations in the ``General Preamble for the Implementation 
    of Title I of the Clean Air Act Amendments of 1990'' (57 FR 13498, 
    April 16, 1992), ``General Preamble for the Implementation of Title I 
    of the Clean Air Act Amendments of 1990; Supplemental'' (57 FR 18070, 
    April 28, 1992), and the EPA guidance memorandum entitled ``Procedures 
    for Processing Requests to Redesignate Areas to Attainment'' from John 
    Calcagni, Director, Air Quality Management Division, Office of Air 
    Quality and Planning Standards, to Regional Air Division Directors, 
    dated September 4, 1992. In this Federal Register action, EPA is 
    approving the State of Utah's maintenance plan for the SLC 
    nonattainment area because EPA has determined, as detailed below, that 
    the State's maintenance plan submittal meets the requirements of 
    section 175A and is consistent with the documents referenced above. 
    EPA's analysis of the pertinent maintenance plan requirements, with 
    reference to the Governor's December 9, 1996, submittal, is provided as 
    follows:
    A. Emissions Inventories--Attainment Year and Projections
        EPA's interpretations of the CAA section 175A maintenance plan 
    requirements are generally provided in the General Preamble and the 
    September 4, 1992, policy memorandum referenced above. Under EPA's 
    interpretations, areas seeking to redesignate to attainment for CO may 
    demonstrate future maintenance of the NAAQS either by showing that 
    future CO emissions will be equal to or less than the attainment year 
    emissions or by providing a modeling demonstration. For the SLC area, 
    the State selected the emissions inventory approach for demonstrating 
    maintenance of the CO NAAQS.
        The maintenance plan that the Governor submitted on December 9, 
    1996, included comprehensive inventories of CO emissions for the SLC 
    area. These inventories include emissions from stationary point 
    sources, area sources, non-road mobile sources, and on-road mobile 
    sources. The State selected 1993 as the year from which to develop the 
    attainment year inventory and included year-by-year projections out to 
    2006. More detailed descriptions of the 1993 attainment year inventory 
    and the projected inventories are documented in the maintenance plan, 
    sections IX.C.7.e and IX.C.7.f, and in the State's TSD. The State's 
    submittal contains detailed emission inventory information that was 
    prepared in accordance with EPA guidance. Summary emission figures from 
    the 1993 attainment year and a sampling of the projected years are 
    provided in the Table I.-1 below.
    
                               Table I.-1--Summary of CO Emissions in Tons per Day for SLC
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                                                         1993         1997         2000         2003         2006
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    Point Sources..................................         0.55         1.57         1.63         1.71         1.79
    Area Sources...................................        14.65        14.93        15.12        15.32        15.53
    Non-Road Mobile Sources........................         8.29         9.37        10.10        10.91        11.79
    On-Road Mobile Sources.........................       202.24       169.56       154.66       145.64       145.37
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        Total......................................       225.73       195.43       181.51       173.58       174.48
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    B. Demonstration of Maintenance--Projected Inventories
        As noted above, total CO emissions were projected by the State 
    year-by-year from 1994 through 2006. These projected inventories were 
    prepared in accordance with EPA guidance (further information is 
    provided in section IX.C.7.f of the maintenance plan). EPA notes, 
    however, that CAA section 175A(a) requires that the maintenance 
    demonstration ``* * * provide for the maintenance of the national 
    primary ambient air quality standard for such air pollutant in the area 
    concerned for at least 10 years after the redesignation.'' Therefore, 
    based on this CAA provision, the maintenance demonstration needed to 
    project emissions to at least 2008, not just 2006. To address this 
    issue, EPA consulted with the State to identify the specific materials 
    that were provided at the SLC CO redesignation public hearing and which 
    were subsequently adopted by the Utah Air Quality Board (UAQB). In a 
    letter dated February 19, 1998, from Ursula Trueman, Director, Utah 
    Division of Air Quality, to Richard Long, Director, Air Program, EPA 
    Region VIII, the State provided an excerpt from the SLC CO 
    redesignation Technical Support Document (TSD) that provided additional 
    projected CO daily emissions for all years from 1993 through 2016. As 
    indicated in the State's February 19, 1998, letter, these additional 
    projected CO emissions were part of the TSD that was provided with the 
    public hearing for the SLC CO redesignation and that was also adopted, 
    along with the redesignation request and maintenance plan, by the UAQB. 
    The projected inventories show that CO emissions are not estimated to 
    exceed the 1993 attainment level during the time period 1993 through 
    2008 and, therefore, the SLC area has satisfactorily demonstrated 
    maintenance. EPA has also extracted daily projected CO emissions for 
    2009 in the event that publication of this action in the Federal 
    Register is delayed until early 1999. The additional projected CO daily 
    emissions for 2007, 2008, and 2009 are provided in the Table I.-2 
    below:
    
                     Table I.-2--Summary of 1993 and Projected CO Emissions in Tons per Day for SLC
    ----------------------------------------------------------------------------------------------------------------
                                                                      1993         2007         2008         2009
    ----------------------------------------------------------------------------------------------------------------
    Point Sources...............................................         0.55         1.81         1.84         1.87
    
    [[Page 3221]]
    
     
    Area Sources................................................        14.65        15.60        15.67        15.74
    Non-Road Mobile Sources.....................................         8.29        12.10        12.43        12.76
    On-Road Mobile Sources......................................       202.24       147.24       150.05       152.35
                                                                 ---------------------------------------------------
        Total...................................................       225.73       176.75       179.99       182.72
    ----------------------------------------------------------------------------------------------------------------
    
    C. Monitoring Network and Verification of Continued Attainment
        Continued attainment of the CO NAAQS in the SLC area depends, in 
    part, on the State's efforts to track indicators throughout the 
    maintenance period. This requirement is met in two sections of the SLC 
    maintenance plan. In section IX.C.7.c.(5) and section IX.C.7.i.(3), the 
    State commits to continue the operation of the CO monitors in the SLC 
    area and to annually review this monitoring network and make changes as 
    appropriate. Also, in section IX.C.7.i.(1), the State commits to 
    prepare a comprehensive emission inventory of CO emissions every three 
    years after the maintenance plan is approved by EPA. These inventories 
    will be based on the most current Vehicle Miles Traveled (VMT) data, 
    actual point source emissions, and area source emissions based on the 
    most current population and industry growth information. The above 
    commitments by the State, which will be enforceable by EPA following 
    the final approval of the SLC maintenance plan SIP revision, are deemed 
    adequate by EPA.
    D. Contingency Plan
        Section 175A(d) of the CAA requires that a maintenance plan include 
    contingency provisions. To meet this requirement, the State has 
    identified appropriate contingency measures along with a schedule for 
    the development and implementation of such measures. As stated in 
    Section IX.C.7.h of the maintenance plan, the contingency measures for 
    the SLC area will be triggered by any of the following situations: (a) 
    a future year verification emission inventory (see section 
    IX.C.7.i.(1)) of actual emissions indicates a level greater than the 
    1993 attainment emissions (225.73 tons of CO/peak season day), (b) a 
    second non-overlapping 8-hour average ambient CO measurement exceeds 9 
    ppm at a single monitoring site during a calendar year (i.e., a 
    violation of the 8-hour CO standard), or (c) a second one-hour average 
    ambient CO measurement exceeds 35 ppm at a single monitoring site 
    during a calendar year (i.e., a violation of the 1-hour CO standard). 
    The primary contingency measure is Alternative Commuting Options (ACO) 
    and the secondary is an enhanced motor vehicle inspection and 
    maintenance program (EI/M) or an equivalent I/M program. A more 
    complete description of the triggering mechanisms and these contingency 
    measures can be found in section IX.C.7.h of the maintenance plan.
        EPA notes that both contingency measures have been partially 
    implemented as of the beginning of 1998. The ACO contingency measure 
    (UACR R307-11) was previously adopted by the State and was implemented 
    in 1995 for Federal, State, and local government agencies with 100 or 
    more employees at a worksite. The State has identified in the 
    maintenance plan that R307-11 could be expanded to include all 
    employers with 100 or more employees at a worksite. As a result of the 
    Salt Lake and Davis Counties' ozone maintenance plan, Salt Lake County 
    began implementing an improved I/M program for all of Salt Lake County 
    in early 1998. This improved I/M program is not the equivalent of an 
    enhanced I/M program, but it achieves greater reductions of CO 
    emissions than the basic I/M program identified in the SLC CO 
    maintenance plan. EPA notes that the additional CO emission reductions 
    realized from the partial pre-implementation of the ACO regulation and 
    the implementation of the improved I/M program were not included in the 
    December 9, 1996, maintenance plan's projected emissions to demonstrate 
    maintenance of the CO standard. The partial pre-implementation of 
    contingency measures is consistent with EPA's August 13, 1993, guidance 
    memorandum entitled ``Early Implementation of Contingency Measures for 
    Ozone and Carbon Monoxide (CO) Nonattainment Areas.''
        Based on the above, EPA finds that the contingency measures 
    provided in the State's maintenance plan are sufficient and meet the 
    requirements of section 175A(d) of the CAA.
    E. Subsequent Maintenance Plan Revisions
        In accordance with section 175A(b) of the CAA, the State of Utah 
    has committed to submit a revised maintenance plan SIP revision eight 
    years after redesignation. This provision and other State-triggered 
    mechanisms (such as in response to revisions to the CO NAAQS or to take 
    advantage of improved or more expeditious methods of maintaining the CO 
    standard) for revising the maintenance plan are contained in section 
    IX.C.7.i.(4) of the SLC maintenance plan.
    
    II. Transportation Conformity
    
        One key provision of EPA's conformity regulation requires a 
    demonstration that emissions from the transportation plan and 
    Transportation Improvement Program are consistent with the emissions 
    budgets in the SIP (40 CFR sections 93.118 and 93.124). The emissions 
    budget is defined as the level of mobile source emissions relied upon 
    in the attainment or maintenance demonstration to maintain compliance 
    with the NAAQS in the nonattainment area. The rule's requirements and 
    EPA's policy on emissions budgets are found in the preambles to the 
    November 24, 1993, and August 15, 1997, transportation conformity rules 
    (58 FR 62193-96 and 62 FR 43780 et seq.) and in the sections of the 
    rule referenced above.
        The maintenance plan defines emissions budgets for each year 
    between 1994 and 2006 (see Table IX.C.35 of the maintenance plan) and 
    for 2016 (see Section IX, Part C.7.f.(2), page 110, of the maintenance 
    plan) that the metropolitan planning organization (Wasatch Front 
    Regional Council--WFRC) will use to demonstrate conformity. These year-
    by-year emissions budgets are presented below in Table II and EPA is 
    approving them in this action. The plan also describes a safety margin 
    (called the ``emissions credit'') for each year (1994 through 2006), 
    which is the difference between total emissions from all sources in the 
    attainment year and in each of those future years.
        The State discusses the potential allocation of these identified 
    year-by-year emission credits for the 1994 through 2006 time period in 
    section (3), ``Emissions Credit Allocation'', on page 110, Section IX, 
    Part C.7, of the
    
    [[Page 3222]]
    
    maintenance plan. Section (3) states that ``The emissions credit or any 
    portion of it may be allocated to any source category contributing to 
    the inventory; i.e., area sources, non-road sources, or on-road sources 
    mobile sources. The allocation of emission credits shall be made by 
    order of the Utah Air Quality Board and shall not be inconsistent with 
    this plan.''
        This language is inconsistent with EPA's requirements for 
    allocating the safety margin, and, thus, is not sufficient to allow the 
    safety margin to be used for transportation conformity determinations 
    or for other purposes. For example, EPA's longstanding interpretation 
    is that the SIP itself must include some or all of the safety margin in 
    the motor vehicle emissions budget before the safety margin may be used 
    in transportation conformity determinations. See 58 FR 62195, November 
    24, 1993. Similarly, EPA has taken the position that conformity 
    determinations may not trade emissions among SIP budgets for highway/
    transit versus other sources unless a SIP revision for the specific 
    trade is submitted and approved by EPA or the SIP establishes 
    appropriate mechanisms for such trading. Id. EPA's transportation 
    conformity rule reflects these concepts at 40 CFR 93.124(a), (b), and 
    (c).
        The maintenance plan does not explicitly include the safety margin 
    in the motor vehicle emissions budget or any other budget. (The one 
    exception is for the year 2016. The 2016 budget is described in detail 
    below.) Instead, the maintenance plan attempts to allow the Utah Air 
    Quality Board to make an allocation of the safety margin to one or more 
    of the budgets at some future date. This is not the explicit SIP 
    allocation contemplated by EPA's conformity rule. Nor does this 
    approach constitute an appropriate trading mechanism. Thus, under the 
    language of the maintenance plan as it now stands, the safety margin 
    may not be used for conformity determinations or any other purpose. All 
    conformity determinations must demonstrate conformity with the 
    emissions budgets in the maintenance plan as cited above and summarized 
    in Table II below. The State may seek EPA approval of a SIP revision to 
    allocate some or all of the available safety margin for transportation 
    conformity, general conformity, or other purposes.
        Consistent with the foregoing, and to avoid confusion, EPA is 
    taking no action on Section IX, Part C.7.f.(3) of the maintenance plan.
        For 2016, the State specifically included the safety margin in the 
    on-road mobile source CO emissions budget, and thus, for 2016, the 
    safety margin may be used for transportation conformity purposes. 
    However, in calculating the emission budget for the year 2016, the 
    State made mathematical errors. Section IX, Part C.7.f.(2) of the 
    maintenance plan indicates the emission budget is 192.22 tons of CO per 
    winter week day. The correct value is 192.06 tons of CO. To arrive at 
    the 2016 budget value, the State subtracted the 2016 emissions 
    projections for all source categories other than on-road mobile from 
    the 1993 CO attainment year emissions inventory for all sources. For 
    the 1993 CO total inventory value, the State used 225.42 tons of CO per 
    winter week day, when it should have used 225.73 tons per day as 
    reflected in Table IX.C.35 of the maintenance plan. For the 2016 
    emissions projections for all source categories other than on-road 
    mobile, the State used 33.20 tons per day, when it should have used 
    33.67 tons per day as reflected in Section 3 of Volume 3 of the State's 
    TSD. The Utah Division Air Quality corrected these mathematical errors 
    by making a non-substantive change to the maintenance plan on July 14, 
    1998. These corrections became effective on July 27, 1998, and were 
    received by EPA on August 12, 1998. As reflected in Table II below, EPA 
    hereby approves the State's corrected emission budget for 2016 of 
    192.06 tons of CO per day. This budget, which, as noted above, 
    specifically allocates the safety margin available in 2016 for 
    transportation conformity purposes, may be used for transportation 
    conformity determinations for the year 2016 and beyond.
        The maintenance plan also states that, ``[a]n emission budget for 
    the period extending from 2007 to 2016 has been established. (See 
    TSD).'' As noted above, the maintenance plan clearly identifies 
    emission budgets for years 1994 through 2006 and 2016. However, the 
    maintenance plan does not clearly identify an emission budget for the 
    period 2007 to 2015. The reference to the TSD is not helpful for two 
    reasons. First, EPA's Transportation Conformity Rule requires that 
    budgets be established by the SIP (see 40 CFR 93.118(a), (b), and 
    (e)(4); 62 FR 43781, August 15, 1997), and EPA does not consider the 
    TSD to be part of the SIP. Second, the TSD does not contain language 
    that explicitly identifies an emission budget. It is not appropriate to 
    infer an emission budget beyond the maintenance year unless the SIP 
    explicitly identifies such an emission budget. See 58 FR 62195, 
    November 24, 1993. Therefore, EPA is not approving any emission budget 
    for the period 2007 through 2015, and any transportation conformity 
    determinations for such years must be based on the 2006 emission 
    budget. If the State wishes to establish an emission budget or budgets 
    for the years 2007 through 2015, it may revise the maintenance plan and 
    seek EPA's approval.
    
                                                  Table II.--On-Road Mobile Source CO Emissions Budgets for SLC
                                                                     [In tons of CO per day]
    --------------------------------------------------------------------------------------------------------------------------------------------------------
     
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Year............................................         1993         1994         1995         1996         1997         1998         1999         2000
    Budget..........................................       202.24       193.95       184.84       175.30       169.56       163.90       158.80       154.66
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    Year............................................         2001         2002         2003         2004         2005         2006  ...........         2016
    Budget..........................................       149.13       148.45       145.64       143.79       144.66       145.37  ...........       192.06
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    III. UACR R307-1-3.3
    
        In his November 24, 1995, submittal of the redesignation request 
    and maintenance plan for SLC, the Governor also included minor 
    revisions to UACR R307-1-3.3, which contains requirements for new 
    source review. These revisions made the rule's requirements applicable 
    in both nonattainment and maintenance areas instead of just 
    nonattainment areas. These revisions are acceptable to EPA and should 
    help foster continued attainment of the CO standard in the SLC area. 
    The above changes to UACR R307-1-3.3 were adopted by the UAQB October 
    4, 1995, and, with changes, December 6, 1995, and became State 
    effective January 31, 1996.
    
    IV. Final Action
    
        In this action, EPA is approving the SLC carbon monoxide 
    redesignation
    
    [[Page 3223]]
    
    request, maintenance plan, and the revisions to UACR R307-1-3.3. 
    However, as noted above, EPA is not taking any action on Section IX, 
    Part C.7.f.(3) of the maintenance plan, ``Emissions Credit 
    Allocation.''
        EPA is publishing this action without prior proposal because the 
    Agency views this as a noncontroversial amendment and anticipates no 
    adverse comments. However, in the proposed rules section of this 
    Federal Register publication, EPA is publishing a separate document 
    that will serve as the proposal to approve the SIP revision should 
    adverse comments be filed. This rule will be effective March 22, 1999 
    without further notice unless the Agency receives adverse comments by 
    February 22, 1999.
        If EPA receives such comments, then EPA will publish a timely 
    withdrawal of the direct final rule informing the public that the rule 
    will not take effect. All public comments received will then be 
    addressed in a subsequent final rule based on the proposed rule. The 
    EPA will not institute a second comment period on this rule. Any 
    parties interested in commenting on this rule should do so at this 
    time. If no such comments are received, the public is advised that this 
    rule will be effective on March 22, 1999 and no further action will be 
    taken on the proposed rule.
    
    V. Administrative Requirements
    
    A. Executive Order 12866
    
        The Office of Management and Budget (OMB) has exempted this 
    regulatory action from Executive Order 12866, entitled ``Regulatory 
    Planning and Review.''
    
    B. Executive Order 12875: Enhancing the Intergovernmental Partnership
    
        Under Executive Order 12875, EPA may not issue a regulation that is 
    not required by statute and that creates a mandate upon a state, local, 
    or tribal government, unless the Federal government provides the funds 
    necessary to pay the direct compliance costs incurred by those 
    governments, or EPA consults with those governments. If EPA complies by 
    consulting, Executive Order 12875 requires EPA to provide to the Office 
    of Management and Budget a description of the extent of EPA's prior 
    consultation with representatives of affected state, local, and tribal 
    governments, the nature of their concerns, copies of any written 
    communications from the governments, and a statement supporting the 
    need to issue the regulation. In addition, Executive Order 12875 
    requires EPA to develop an effective process permitting elected 
    officials and other representatives of state, local, and tribal 
    governments ``to provide meaningful and timely input in the development 
    of regulatory proposals containing significant unfunded mandates.''
        Today's rule does not create a mandate on state, local, or tribal 
    governments. Redesignation of an area to attainment under sections 
    107(d)(3)(D) and (E) of the Clean Air Act does not impose any new 
    requirements. Redesignation to attainment is an action that affects the 
    status of a geographical area and does not impose any regulatory 
    requirements on state, local, or tribal governments. Thus, the rule 
    does not impose any enforceable duties on state, local, or tribal 
    governments. Accordingly, the requirements of section 1(a) of Executive 
    Order 12875 do not apply to this rule.
    
    C. Executive Order 13045
    
        Executive Order 13045, Protection of Children from Environmental 
    Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to 
    any rule that: (1) Is determined to be ``economically significant'' as 
    defined under E. O. 12866, and (2) concerns an environmental health or 
    safety risk that EPA has reason to believe may have a disproportionate 
    effect on children. If the regulatory action meets both criteria, the 
    Agency must evaluate the environmental health and safety effects of the 
    planned rule on children, and explain why the planned regulation is 
    preferable to other potentially effective and reasonably feasible 
    alternatives considered by the Agency.
        This rule is not subject to E. O. 13045 because it does not involve 
    decisions intended to mitigate environmental health or safety risks.
    
    D. Executive Order 13084: Executive Order 13084: Consultation and 
    Coordination With Indian Tribal Governments
    
        Under Executive Order 13084, EPA may not issue a regulation that is 
    not required by statute, that significantly affects or uniquely affects 
    the communities of Indian tribal governments, and that imposes 
    substantial direct compliance costs on those communities, unless the 
    Federal government provides the funds necessary to pay the direct 
    compliance costs incurred by the tribal governments, or EPA consults 
    with those governments. If EPA complies by consulting, Executive Order 
    12084 requires EPA to provide to the Office of Management and Budget, 
    in a separately identified section of the preamble to the rule, a 
    description of the extent of EPA's prior consultation with 
    representatives of affected tribal governments, a summary of the nature 
    of their concerns, and a statement supporting the need to issue the 
    regulation. In addition, Executive Order 13084 requires EPA to develop 
    an effective process permitting elected officials and other 
    representatives of Indian tribal governments ``to provide meaningful 
    and timely input in the development of regulatory policies on matters 
    that significantly or uniquely affect their communities.''
        Today's rule does not significantly or uniquely affect the 
    communities of Indian tribal governments. Redesignation of an area to 
    attainment under sections 107(d)(3)(D) and (E) of the Clean Air Act 
    does not impose any new requirements. Redesignation to attainment is an 
    action that affects the status of a geographical area and does not 
    impose any regulatory requirements. Accordingly, the requirements of 
    section 3(b) of Executive Order 13084 do not apply to this rule.
    
    E. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (RFA) generally requires an agency 
    to conduct a regulatory flexibility analysis of any rule subject to 
    notice and comment rulemaking requirements unless the agency certifies 
    that the rule will not have a significant economic impact on a 
    substantial number of small entities. Small entities include small 
    businesses, small not-for-profit enterprises, and small governmental 
    jurisdictions. This final rule will not have a significant impact on a 
    substantial number of small entities because SIP approvals under 
    section 110 and subchapter I, part D of the Clean Air Act do not create 
    any new requirements, but simply approve requirements that the State is 
    already imposing. Therefore, because the Federal SIP approval does not 
    create any new requirements, I certify that this action will not have a 
    significant economic impact on a substantial number of small entities. 
    Moreover, due to the nature of the Federal-State relationship under the 
    Clean Air Act, preparation of a flexibility analysis would constitute 
    Federal inquiry into the economic reasonableness of State action. The 
    Clean Air Act forbids EPA to base its actions concerning SIPs on such 
    grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
    42 U.S.C. 7410(a)(2). Redesignation of an area to attainment under 
    sections 107(d)(3)(D) and (E) of the Clean Air Act does not impose any 
    new requirements on small entities. Redesignation to attainment is an 
    action that affects the status of a geographical area and does
    
    [[Page 3224]]
    
    not impose any regulatory requirements on sources. Therefore, I certify 
    that the approval of the redesignation request will not affect a 
    substantial number of small entities.
    
    F. 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 
    the 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.
        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 approves a 
    redesignation to attainment and pre-existing requirements under State 
    or local law, and imposes no new requirements. Accordingly, no 
    additional costs to State, local, or tribal governments, or to the 
    private sector, will result from this action.
    
    G. Submission to Congress and the Comptroller General
    
        The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
    added by the Small Business Regulatory Enforcement Fairness Act of 
    1996, generally provides that before a rule may take effect, the agency 
    promulgating the rule must submit a rule report, which includes a copy 
    of the rule, to each House of Congress and to the Comptroller General 
    of the United States. EPA will submit a report containing this rule and 
    other required information to the U.S. Senate, the U.S. House of 
    Representatives, and the Comptroller General of the United States prior 
    to the publication of the rule in the Federal Register. This rule is 
    not a ``major rule'' as defined by 5 U.S.C. section 804(2).
    
    H. Petitions for Judicial Review
    
        Under section 307(b)(1) of the Clean Air Act, petitions for 
    judicial review of this action must be filed in the United States Court 
    of Appeals for the appropriate circuit by March 22, 1999. Filing a 
    petition for reconsideration by the Administrator of this final rule 
    does not affect the finality of this rule for the purposes of judicial 
    review nor does it extend the time within which a petition for judicial 
    review 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
    
    40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon Monoxide, 
    Incorporation by reference, Intergovernmental relations, Reporting and 
    recordkeeping requirements.
    
    40 CFR Part 81
    
        Air pollution control, National parks, Wilderness areas.
    
        Dated: November 23, 1998.
    Jack W. McGraw,
    Acting Regional Administrator Region VIII.
    
        Chapter I, title 40, parts 52 and 81 of the Code of Federal 
    Regulations are amended as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401 et seq.
    
    Subpart TT--UTAH
    
        2. Section 52.2320 is amended by adding paragraph (c)(39) to read 
    as follows:
    
    
    Sec. 52.2320  Identification of plan.
    
    * * * * *
        (c) * * *
        (39) Revisions to the Utah State Implementation Plan, Section IX, 
    Control Measures for Area and Point Sources, Part C, Carbon Monoxide as 
    submitted by the Governor on December 6, 1996 (with minor mathematical 
    corrections submitted by the Utah Division of Air Quality on August 12, 
    1998), excluding Section IX, Part C.7.f.(3) of the plan, ``Emissions 
    Credit Allocation,'' as EPA is not taking any action on that section of 
    the plan. UACR R307-1-3.3 Requirements for Nonattainment and 
    Maintenance Areas--New and Modified Sources; as submitted by the 
    Governor on November 24, 1995.
        (i) Incorporation by reference.
        (A) UACR R307-2-12, adopted by the Utah Air Quality Board on August 
    7, 1996 and September 4, 1996, effective November 1, 1996, as modified 
    through a notice of nonsubstantive rule change dated July 14, 1998, 
    effective July 27, 1998, to correct minor mathematical errors in 
    Section IX, Part C.7.f.(2) of the Utah State Implementation Plan (SIP). 
    UACR R307-2-12 incorporates by reference a number of provisions of the 
    Utah SIP, only some of which are relevant to this rulemaking action. 
    EPA's incorporation by reference of UACR R307-2-12 only extends to the 
    following Utah SIP provisions and excludes any other provisions that 
    UACR R307-2-12 incorporates by reference:
        Section IX, Part C.7 (except for Section IX, Part C.7.f.(3)), 
    Carbon Monoxide Maintenance Provisions for Salt Lake City, adopted by 
    Utah Air Quality Board on August 7, 1996, and September 4, 1996, 
    effective November 1, 1996, as modified by the nonsubstantive rule 
    change noted above.
        (B) UACR R307-1-3.3, a portion of Requirements for Nonattainment 
    and Maintenance Areas--New and Modified Sources, as adopted by the Utah 
    Air Quality Board on October 4, 1995, December 6, 1995, effective 
    January 31, 1996.
        (ii) Additional material.
        (A) February 19, 1998, letter from Ursula Trueman, Director, Utah 
    Division of Air Quality, Department of Environmental Quality to Richard 
    R. Long, Director, Air and Radiation Program, EPA Region VIII, entitled 
    ``DAQS-0188-98; Technical Support Documents--Ogden City and Salt Lake 
    City CO Maintenance Plans.'' This letter confirmed that all the 
    emission projections, contained in the technical support documents for 
    both the Salt Lake City and Ogden City redesignation requests, were 
    properly adopted by the Utah Air Quality Board in accordance with the 
    Utah Air Quality Rules.
        (B) Materials from Jan Miller, Utah Division of Air Quality, 
    Department of Environmental Quality, received by Tim Russ, Air and 
    Radiation Program, EPA Region VIII, displaying the minor mathematical 
    corrections to the on-road mobile source emission budgets in Section 
    IX, Part C. 7.f.(2) of the Salt Lake City CO Maintenance Plan. These 
    nonsubstantive changes were made in accordance with the Utah Air 
    Quality Rules and were effective July 27, 1998.
    
    PART 81--[AMENDED]
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401 et seq.
    
        2. In Sec. 81.345, the table entitled ``Utah-Carbon Monoxide'' is 
    amended by revising the entry for ``Salt Lake City Area'' to read as 
    follows:
    
    [[Page 3225]]
    
    Sec. 81.345  Utah.
    
    * * * * *
    
                                                                      Utah--Carbon Monoxide
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Designation                                           Classification
                 Designated area             ---------------------------------------------------------------------------------------------------------------
                                                Date \1\                      Type                      Date \1\                      Type
    --------------------------------------------------------------------------------------------------------------------------------------------------------
     
                       *                  *                  *                  *                  *                  *                  *
    Salt Lake City Area:                          3-22-99  Attainment...............................
        Salt Lake County (part), Salt Lake
         City.
     
                      *                  *                  *                  *                  *                  *                  *
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ This date is November 15, 1990, unless otherwise noted.
    
    * * * * *
    [FR Doc. 99-1259 Filed 1-20-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
3/22/1999
Published:
01/21/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
99-1259
Dates:
This direct final rule is effective on March 22, 1999 without further notice, unless EPA receives adverse comments by February 22, 1999. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
Pages:
3216-3225 (10 pages)
Docket Numbers:
UT-001-0002a, FRL-6201-8
PDF File:
99-1259.pdf
CFR: (2)
40 CFR 52.2320
40 CFR 81.345