[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2931-2938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1592]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[FRL-5324-9; MD-45-3003, MD-45-3004; MD-45-3007; VA-53-5001, VA-53-
5002; VA-34-5003, VA-34-5004; DC-30-2001; DC-30-2002, DC-10-2003]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; Redesignation of the
Metropolitan Washington Carbon Monoxide Area to Attainment and Approval
of the Area's Maintenance Plan and Emission Inventory; Commonwealth of
Virginia, District of Columbia and the State of Maryland
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a maintenance plan and a request to
redesignate the Metropolitan Washington area; including the Counties of
Alexandria and Arlington, Virginia; Prince Georges and Montgomery
Counties in Maryland, and the District of Columbia (the ``Washington
Carbon Monoxide (CO) nonattainment area'') from nonattainment to
attainment for CO. The maintenance plan and redesignation requests were
submitted by the Commonwealth of Virginia and the State of Maryland and
the District of Columbia. Under the 1990 amendments of the Clean Air
Act (CAA) designations can be revised if sufficient data is available
to warrant such revisions. In this action, EPA is approving Virginia,
Maryland and the District of Columbia requests because it meets the
maintenance plan and redesignation requirements set forth in the CAA.
This action is being taken under section 110 of the CAA.
DATES: This action will become effective on March 15, 1996 unless, by
February 29, 1996 adverse or critical comments are received. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460; District of
Columbia Department of Consumer and Regulatory Affairs, 2100 Martin
Luther King Ave, S.E., Washington, DC 20020; Maryland Department of the
Environment, 2500 Broening Highway, Baltimore, Maryland 21224; Virginia
Department of Environmental Quality, 629 East Main Street, Richmond,
Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Kelly A. Sheckler, (215) 597-6863.
SUPPLEMENTARY INFORMATION: On October 4, 1995 the Commonwealth of
Virginia, and on October 12, 1995 the State of Maryland and the
District of Columbia submitted formal revisions to their State
Implementation Plans (SIP). The SIP revisions consists of a request to
redesignate the Virginia, Maryland and District of Columbia portions of
the Metropolitan Washington area from nonattainment to attainment for
carbon monoxide and a maintenance plan.
[[Page 2932]]
I. Background
The Metropolitan Washington area, was a pre-1990 CO nonattainment
area and continued to be designated as nonattainment for CO by
operation of law as per section 107(d)(1)(C)(i) of the Clean Air Act
Amendments of 1990. The National Ambient Air Quality Standard (NAAQS)
for CO is 9.5 parts per million (ppm). CO nonattainment areas can be
classified as moderate or serious, based on their design values. Since
the Washington CO nonattainment area had a design value of 11.6 ppm
(based on 1988 and 1989 data), the area was classified as moderate. The
CAA established an attainment date of December 31, 1995, for all
moderate CO areas. The Metropolitan Washington area has ambient air
quality monitoring data showing attainment of the CO NAAQS from 1989
through 1993. Therefore, in an effort to comply with the CAA and to
ensure continued attainment of the NAAQS, on October 4, 1995 the
Commonwealth of Virginia submitted a CO redesignation request and a
maintenance plan for the Virginia portion of the Metropolitan
Washington area. The State of Maryland submitted on October 12, 1995 a
CO redesignation request and maintenance plan for the Maryland portion
of the Metropolitan Washington area and on October 12, 1995 the
District of Columbia submitted a CO redesignation request and
maintenance plan. Virginia, Maryland and the District of Columbia
submitted evidence that public hearings were held on September 6, 1995
in Virginia, September 15, 1995 in Maryland and September 18, 1995 in
the District of Columbia.
II. Evaluation Criteria
Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides
five specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment.
1. The area must have attained the applicable NAAQS;
2. The area must have a fully approved SIP under section 110(k) of
CAA;
3. The air quality improvement must be permanent and enforceable;
4. The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA;
5. The area must meet all applicable requirements under section 110
and Part D of the CAA;
III. Review of State Submittal
On October 12, 1995, EPA determined that the information received
from the Commonwealth of Virginia, the State of Maryland and the
District of Columbia constituted a complete redesignation request under
the general completeness criteria of 40 CFR part 51, appendix V,
Secs. 2.1 and 2.2.
The Virginia, Maryland and District of Columbia redesignation
requests for the Metropolitan Washington area meets the five
requirements of section 107(d)(3)(E), noted above. The following is a
brief description of how the State has fulfilled each of these
requirements.
1. Attainment of the CO NAAQS
Virginia, Maryland and the District of Columbia have quality-
assured CO ambient air monitoring data showing that the Metropolitan
Washington area has met the CO NAAQS. The Virginia, Maryland and
District of Columbia requests are based on an analysis of quality-
assured CO air monitoring data which is relevant to the maintenance
plan and to the redesignation request. To attain the CO NAAQS, an area
must have complete quality-assured data showing no more than one
exceedance of the standard per year over at least two consecutive
years. The ambient air CO monitoring data for calendar year 1988
through calendar year 1995, relied upon by Virginia, Maryland and the
District of Columbia in their redesignation requests, shows no
violations of the CO NAAQS in the Metropolitan Washington area. Because
the area has complete quality assured data showing no more than one
exceedance of the standard per year over at least two consecutive years
(1994 and 1995), the area has met the first statutory criterion of
attainment of the CO NAAQS (40 CFR 50.8 and appendix C). Virginia,
Maryland and the District of Columbia have committed to continue
monitoring in this area in accordance with 40 CFR part 58.
2. Fully Approved SIP Under Section 110(k) of the CAA
Virginia's, Maryland's and the District of Columbia's CO SIPs are
fully approved by EPA as meeting all the requirements of Section
110(a)(2)(I) of the Act, including the requirements of Part D (relating
to nonattainment), which were due prior to the date of Virginia's,
Maryland's and the District of Columbia's redesignation requests.
Maryland's CO SIP was fully approved by EPA on September 19, 1994, at
40 CFR Sec. 52.1070(c)(71), (49 FR 36645). Virginia's CO SIP was
approved by EPA on January 25, 1984 at 40 CFR Sec. 52.2420(c)(78), (49
FR 3083). The District's CO SIP approved by EPA on October 3, 1984 at
40 CFR Sec. 52.47(c)(28), (49 FR 39059). The 1990 CAAA required that
nonattainment areas achieve specific new requirements depending on the
severity of the nonattainment classification. Requirements for the
Metropolitan Washington area include the preparation of a 1990 emission
inventory with periodic updates, adoption of an oxygenated fuels
program, the development of contingency measures, and development of
conformity procedures. Each of these requirements added by the 1990
Amendments to the CAA are discussed in greater detail below.
Consistent with the October 14, 1994 EPA guidance from Mary D.
Nichols entitled ``Part D New Source Review (Part D NSR) Requirements
for Areas Requesting Redesignation to Attainment,'' EPA is not
requiring full approval of a Part D NSR program by Virginia, Maryland
and the District of Columbia as a prerequisite to redesignation to
attainment. Under this guidance, nonattainment areas may be
redesignated to attainment notwithstanding the lack of a fully-approved
Part D NSR program, so long as the program is not relied upon for
maintenance. Because the Metropolitan Washington area is being
redesignated to attainment by this action, Virginia's, Maryland's and
the District of Columbia's Prevention of Significant Deterioration
(PSD) requirements will be applicable to new or modified sources in the
Metropolitan Washington area. All three States have been delegated PSD
authority (See Sec. 52.499 District of Columbia, 43 FR 26410, June 19,
1978, as amended 45 FR 52741, August 7, 1980; Sec. 52.1116 Maryland, 45
FR 52741, August 7, 1980, as amended 47 FR 7835, February 23, 1982;
Sec. 52.2448 Virginia 39 FR 7284, February 25, 1974.)
A. Emission Inventory
On March 1994 Maryland submitted a 1990 CO base year inventory to
EPA for review and approval. On November 1, 1993 and April 3, 1995,
Virginia submitted a 1990 CO base year emissions inventory to EPA for
review and approval. On January 13, 1994 the District of Columbia
submitted a 1990 CO base year emissions inventory to EPA for review and
approval. This inventory was used as the basis for calculations to
demonstrate maintenance. Virginia's, Maryland's and the District of
Columbia's submittal contains the detailed inventory data and summaries
by source category. Each of the State's submittals also contains
information related to how it comported with EPA's guidance, and which
model and emission factors were used (note, the MOBILE 5a model was
used), how
[[Page 2933]]
vehicle miles travelled (VMT) data was generated, and other technical
information verifying the emission inventory. A summary of the base
year and projected maintenance year inventories are shown in the
following table in this section.
Section 172(c)(3) of the CAA requires that nonattainment plan
provisions include a comprehensive, accurate, and current inventory of
actual emissions from all sources of relevant pollutants in the
nonattainment area. Maryland, Virginia and the District of Columbia
included the requisite inventory in the CO SIP. The base year for the
inventory was 1990, using a three month CO season of November 1990
through January 1991.
Stationary point sources, stationary area sources, on-road mobile
sources, and nonroad mobile sources of CO were included in the
inventory. Stationary sources with emissions of greater than 100 tons
per year were also included in the inventory.
The following list presents a summary of the CO peak season daily
emissions estimates in tons per winter day by source category:
Wintertime CO Emissions
[Tons per day]
------------------------------------------------------------------------
Point
State Mobile Area (stationary)
sources sources sources
------------------------------------------------------------------------
Virginia.............................. 288.55 9.89 .92
Maryland............................. 1161.34 71.36 4.61
District of Columbia.................. 410.30 18.08 3.32
------------------------------------------------------------------------
Available guidance for preparing emission inventories is provided
in the General Preamble (57 FR 13498, April 16, 1992).
Section 110(k) of the CAA sets out provisions governing the EPA's
review of base year emission inventory submittals in order to determine
approval or disapproval under section 187(a)(1). The EPA is granting
approval of the Virginia, Maryland and District of Columbia 1990 base
year CO emissions inventories submitted on November 11, 1994 and April
3, 1995, March 21, 1994 and January 13, 1994 respectively, based on the
EPA's technical review of the CO inventory. For further details, the
reader is referred to the Technical Support Document, which is
available for review at the addresses provided above.
B. Oxygenated Gasoline
Section 211(m) of the CAA requires that each State in which there
is located a CO nonattainment area with a design value of 9.5 ppm or
above based on data for the 2-year period of 1988 and 1989 shall submit
a SIP revision which requires the implementation of an oxygenated
gasoline program in the Consolidated Metropolitan Statistical Area
(CMSA) in which the nonattainment area is located. The Metropolitan
Washington area has a design value above 9.6 ppm based on 1988 and 1989
data and consequently was subject to the requirement to adopt an
oxygenated fuel program. Virginia, Maryland and the District of
Columbia submitted oxygenated gasoline SIP revisions for the
Metropolitan Washington CMSA to EPA on November 8, 1993, November 13,
1992 and October 22, 1993, respectively. EPA approved the SIP revisions
for Virginia and Maryland on April 15, 1994 and June 6, 1994
respectively. As noted in the Virginia, Maryland and District of
Columbia redesignation requests, the States intend to relegate the
oxygenated fuel program to contingency status upon EPA's approval of
their redesignation requests. By September 1, 1997 Virginia commits to
adopt and submit to EPA an oxygenated fuel regulation that will be
effective at the beginning of the next control period upon a monitored
violation of the CO NAAQS (two or more exceedances of the CO NAAQS in a
single calendar year). By January 1996, Maryland commits to adopt and
submit to EPA an oxygenated fuel regulation that will be effective at
the beginning of the next control period upon a monitored violation of
the CO NAAQS (two or more exceedances of the CO NAAQS in a single
calendar year). EPA took a limited approval/limited disapproval action
of the District of Columbia's oxygenated fuels SIP. The District's
regulations at 20 District of Columbia Municipal Regulations Chapter 1,
Section 199--definitions was deficient in that it lacks the following:
A definition for the terms ``carriers; a sampling procedure; and
procedures for the calculation of oxygenated content in the gasoline
sampled. With approval of the redesignation request the oxygenated
fuels program will only be relied upon as a contingency measure. For
purposes of section 175A, a state is not required to have fully adopted
contingency measures that will take effect without further action by
the State in order for the maintenance plan to be approved. However, as
stated above, the contingency plan is considered an enforceable part of
the SIP and should ensure that the contingency measures are adopted
expediently once they are triggered. The plan needs to identify the
measure to be adopted and a schedule and procedure for adoption and
implementation. For these reasons, the District can correct the
deficiency subject to the approval of the District's oxygenated fuels
SIP at 40 CFR part 52, Sec. 52.472, (published at 60 FR 5134 on January
26, 1995) when it submits the revised regulation as a contingency
measure. EPA's January 26, 1995 limited approval/limited disapproval of
the District's oxygenated fuels SIP also initiated an 18-month
sanctions clock under section 179 of the Act. By this action to move
the oxygenated fuels program into the contingency measure portion of
the maintenance plan, the sanction clock is no longer applicable. By
December 1995, the District of Columbia commits to adopt and submit to
EPA an oxygenated fuel regulation that will be effective at the
beginning of the next control period upon a monitored violation of the
CO NAAQS (two or more exceedances of the CO NAAQS in a single calendar
year), and correct the deficiencies previously identified by EPA in the
January 26, 1995 rulemaking.
In its demonstration of maintenance, described below, the States
have shown that oxygenated gasoline in the Metropolitan Washington CMSA
is not necessary for continued maintenance of the CO NAAQS.
Consequently, by this action, EPA is approving Virginia, Maryland and
the District of Columbia's use of oxygenated gasoline as a contingency
measure for the Metropolitan Washington area.
C. Conformity
Under section 176(c) of the CAA, states were required to submit
revisions to their SIPs that include criteria and procedures to ensure
that Federal actions conform to the air quality planning goals in the
applicable SIPs. The requirement to determine conformity applies to
transportation plans, programs and projects developed, funded or
approved under Title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''), as well as all other Federal actions
(``general conformity''). Congress provided for the State revisions to
be submitted one year after the date of promulgation of final EPA
conformity regulations. EPA promulgated final transportation conformity
regulations on November 24, 1993 (58 FR 62188) and final general
conformity regulations on November 30, 1993 (58 FR 63214). These
conformity rules require that the States adopt both transportation and
general conformity provisions in the SIP for areas designated
nonattainment or subject to a maintenance plan approved under CAA
section 175A. Pursuant to Sec. 51.396 of the transportation conformity
rule
[[Page 2934]]
and Sec. 51.851 of the general conformity rule, the Commonwealth of
Virginia, State of Maryland and the District of Columbia were required
to submit a SIP revision containing transportation conformity criteria
and procedures consistent with those established in the Federal rule by
November 25, 1994. Similarly, Virginia, Maryland and the District of
Columbia were required to submit a SIP revision containing general
conformity criteria and procedures consistent with those established in
the Federal rule by December 1, 1994. Maryland, Virginia and the
District of Columbia submitted transportation conformity SIP revisions
to EPA on May 15, 1995; May 16, 1995; and, May 15, 1995, respectively.
Furthermore, Virginia, Maryland and the District of Columbia have all
submitted on May 15, 1995 SIP revisions for general conformity.
Although this redesignation request was submitted to EPA after the due
dates for the SIP revisions for transportation conformity [58 FR 62188]
and general conformity [58 FR 63214] rules, EPA believes it is
reasonable to interpret the conformity requirements as not being
applicable requirements for purposes of evaluating the redesignation
request under section 1079d). The rationale for this is based on a
combination of two factors. First, the requirement to submit SIP
revisions to comply with the conformity provisions of the Act continues
to apply to areas after redesignation to attainment. Therefore, the
State remains obligated to adopt the transportation and general
conformity rules even after redesignation and would risk sanctions for
failure to do so. While redesignation of an area to attainment enables
the area to avoid further compliance with most requirements of section
110 and Part D, since those requirements are linked to the
nonattainment status of an area, 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.
Under this policy, EPA believes that the CO redesignation request
for the Washington area may be approved notwithstanding the lack of
approved state transportation and general conformity rules.
3. Improvement in Air Quality Due to Permanent and Enforceable Measures
EPA approved Virginia's, Maryland's and the District of Columbia's
CO SIPs under the 1977 CAA. Emission reductions achieved through the
implementation of control measures contained in that SIP are
enforceable. These measures were: The Federal Motor Vehicle Control
Program, the basic automobile inspection and maintenance program (I/M),
Federal Reformulated Gasoline Program, Tier I controls on new vehicles,
Low Emission Vehicles (LEV) (in Maryland and Washington, DC only),
State II Vapor Recovery, Evaporative Emissions Control Program, and On-
Board Diagnostics Controls.
As discussed above, the State initially attained the NAAQS in 1988
with monitored attainment through 1993. This indicates that the
improvements are due to the permanent and enforceable measures
contained in the 1982 CO SIP. With the exception of the LEV program and
on-board diagnostics controls, all these measures are permanent and
enforceable because they are either an existing program in the State
and part of the federally approved SIP (e.g., basic I/M, stage II vapor
recovery) or are a federally implemented program (e.g., reformulated
gasoline, FMVCP, or Tier I controls on new vehicles).
The Commonwealth of Virginia and the State of Maryland and the
District of Columbia have demonstrated that actual enforceable emission
reductions are responsible for the air quality improvement and that the
CO emissions in the base year are not artificially low due to local
economic downturn. EPA finds that the combination of certain existing
EPA-approved SIP and federal measures contribute to the permanence and
enforceability of reduction in ambient CO levels that have allowed the
area to attain the NAAQS.
4. Fully Approved Maintenance Plan Under Section 175A
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The 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 redesignation, the
state must submit a revised maintenance plan which demonstrates
attainment for the ten years following the initial ten-year period. To
provide for the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, with a schedule for
implementation adequate to assure prompt correction of any air quality
problems. In this notice, EPA is approving the State of Virginia's,
Maryland's and the District of Columbia's maintenance plans for the
Metropolitan Washington area because EPA finds that Virginia's,
Maryland's, and District of Columbia's submittal meets the requirements
of section 175A.
A. Attainment Emission Inventory
As previously noted, on March 1994, November 11 and 30, 1992 and
January 7, 1993, Maryland, Virginia and the District of Columbia
respectively submitted a 1990 base year emissions inventory to EPA for
review and approval. The inventory includes emissions from area,
stationary, and mobile sources using 1990 as the base year for
calculations.
The State submittal contains the detailed inventory data and
summaries by county and source category. The comprehensive base year
emissions inventory was submitted in the National Emission Data System
format. This inventory was prepared in accordance with EPA guidance.
Although the 1990 inventory can be considered representative of
attainment conditions because the NAAQS was not violated during 1990,
Virginia, Maryland and the District of Columbia established CO
emissions for the attainment year, as well as two forecast years out to
the year 2010 (2007 and 2010) in their redesignation request. These
estimates were derived from the State's 1990 emissions inventory. The
state projected emissions for the end of the maintenance period using
appropriate growth factors, consistent with EPA guidance. To project
future emissions from mobile sources, MOBILE5a was used to assess the
benefits gained from federally mandated control measures. The control
programs assumed are listed in Section III. Stationary source emissions
were projected using the 1990 base year inventory and multiplying with
EGAS factors. The area source future emissions were projected using the
1990 base year inventory and multiplying the inventory with household,
population, and employment growth factors from the national Capital
Region Transportation Planning Board (TPB) Round 5.1 forecasting
system.
[[Page 2935]]
B. Demonstration of Maintenance-Projected Inventories
Total CO emissions were projected from 1990 base year to 2010.
These projected inventories were prepared in accordance with EPA
guidance. Virginia, Maryland and the District of Columbia will not
implement the Oxygenated Fuel program in the Metropolitan Washington
CMSA unless a violation is measured. The projections show that
calculated CO emissions, assuming no oxygenated fuels program, are not
expected to exceed the level of the base year inventory during this
time period. Therefore, it is anticipated that the Metropolitan
Washington area will maintain the CO standard without the program, and
the oxygenated fuel program would not need to be implemented following
redesignation, except as a contingency measure.
C. Verification of Continued Attainment
Continued attainment of the CO NAAQS in the Metropolitan Washington
area depends, in part, on the State's efforts toward tracking
indicators of continued attainment during the maintenance period. In
addition, comprehensive reviews will be conducted periodically of the
factors used to develop the attainment inventories and those used to
project CO emissions levels for 1995 and 2007. If any of the localities
find significant differences between actual and projected growth,
updated emission inventories will be developed to compare with the
projections.
D. Contingency Plan
The level of CO emissions in the Metropolitan Washington area will
largely determine its ability to stay in compliance with the CO NAAQS
in the future. Despite the State's best efforts to demonstrate
continued compliance with the NAAQS, the ambient air pollutant
concentrations may exceed or violate the NAAQS. Section 175(A)(d) of
the CAA requires that the contingency provisions include a requirement
that the State implement all measures contained in the SIP prior to
redesignation. Therefore, Virginia, Maryland and the District of
Columbia have provided contingency measures with a schedule for
implementation in the event of a future CO air quality problem. The
plan contains triggering mechanisms to determine when contingency
measures are needed.
The Virginia, Maryland and District of Columbia contingency plan
triggers will be a violation of the CO NAAQS. By September 1, 1997
Virginia commits to adopt and submit to EPA an oxygenated fuel
regulations that will be effective at the beginning of the next control
period upon a monitored violation of the CO NAAQS (two or more
exceedances of the CO NAAQS in a single calendar year). By January
1996, Maryland commits to adopt and submit to EPA a oxygenated fuel
regulations that will be effective at the beginning of the next control
period upon a monitored violation of the CO NAAQS (two or more
exceedances of the CO NAAQS in a single calendar year). By December
1995, the District of Columbia commits to adopt and submit to EPA a
oxygenated fuel regulations that will be effective at the beginning of
the next control period upon a monitored violation of the CO NAAQS (two
or more exceedances of the CO NAAQS in a single calendar year). EPA
finds that the contingency measure provided in the Virginia, Maryland
and the District of Columbia submittals 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 has agreed
to submit a revised maintenance SIP eight years after the area is
redesignated to attainment. Such revised SIP will provide for
maintenance for an additional ten years.
5. Meeting Applicable Requirements of Section 110 and Part D
In Section III.2. above, EPA sets forth the basis for its
conclusion that Virginia, Maryland and the District of Columbia have a
fully approved SIP which meets the applicable requirements of Section
110 and Part D of the CAA.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective March 15, 1996 unless, within 30 days of publication, adverse
or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on this action serving as a proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, the public is advised that
this action will be effective on March 15, 1996.
Final Action
EPA is approving the Metropolitan Washington area CO maintenance
plan because it meets the requirements set forth in section 175A of the
CAA. In addition, the Agency is approving the request and redesignating
the Metropolitan Washington CO area to attainment, because the State
has demonstrated compliance with the requirements of section
107(d)(3)(E) for redesignation. EPA is also approving Virginia's,
Maryland's and the District of Columbia's 1990 base year CO emissions
inventory for the Metropolitan Washington CMSA. The EPA is publishing
this action without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comments.
However, in a separate document in this Federal Register publication,
the EPA is proposing to approve the SIP revision should adverse or
critical comments be filed. This action will be effective March 15,
1996 unless, by February 29, 1996 adverse or critical comments are
received. If the EPA receives such comments, this action will be
withdrawn before the effective date by publishing a subsequent document
that will withdraw the final action. All public comments received will
then be addressed in a subsequent final rule based on this action
serving as a proposed rule. The EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. If no such comments are received, the
public is advised that this action will be effective March 15, 1996.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
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
[[Page 2936]]
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
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 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 proposed/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 pre-existing requirements under State or local law, and
imposes no new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
Redesignation of an area to attainment under section 107(d)(3)(E)
of the CAA does not impose any new requirements on small entities.
Redesignation is an action that affects the status of a geographical
area and does not impose any regulatory requirements on sources. The
Administrator certifies that the approval of the redesignation request
will not affect a substantial number of small entities.
The CO SIP is designed to satisfy the requirements of part D of the
CAA and to provide for attainment and maintenance of the CO NAAQS. This
final redesignation should not be interpreted as authorizing the State
to delete, alter, or rescind any of the CO emission limitations and
restrictions contained in the approved CO SIP. Changes to CO SIP
regulations rendering them less stringent than those contained in the
EPA approved plan cannot be made unless a revised plan for attainment
and maintenance is submitted to and approved by EPA. Unauthorized
relaxations, deletions, and changes could result in both a finding of
non-implementation (section 179(a) of the CAA) and in a SIP deficiency
call made pursuant to sections 110(a)(2)(H) and 110(k)(2) of the CAA.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP
approval does not impose any new requirements, it does not have any
economic impact on any small entities. Redesignation of an area to
attainment under section 107(d)(3)(E) of the CAA does not impose any
new requirements on small entities.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 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 April 1, 1996. 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.
Dated: October 23, 1995.
Stanley Laskowski,
Acting Regional Administrator, Region III.
Chapter I, title 40 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart J--District of Columbia
2. Section 52.470 is amended by adding paragraph (c)(36) to read as
follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) * * *
(36) The carbon monoxide redesignation and maintenance plan for the
District of Columbia submitted by the District of Columbia Department
of Consumer and Regulatory Affairs on October 12, 1995, as part of the
District of Columbia SIP. The emission inventory projections are
included in the maintenance plan.
(i) Incorporation by reference.
(A) Letter of October 12, 1995 from the District of Columbia
Department of Consumer and Regulatory Affairs requesting the
redesignation and submitting the maintenance plan.
(B) Maintenance Plan for the Metropolitan Washington Carbon
Monoxide Nonattainment Area adopted on September 20, 1995.
(ii) Additional material.
(A) Remainder of October 12, 1995 State submittal.
Sec. 52.472 [Amended]
2a. Section 52.472 is amended by removing and reserving paragraph
(e).
3. Section 52.474 is added to read as follows:
Sec. 52.474 1990 Base Year Emission Inventory for Carbon Monoxide
EPA approves as a revision to the District of Columbia
Implementation Plan the 1990 base year emission inventory for the
Washington Metropolitan Statistical Area, submitted by Director,
District of Columbia Consumer and Regulatory Affairs, on January 13,
1994 and October 12, 1995. This submittal consist of the 1990 base year
stationary, area and off-road mobile and on-road mobile emission
inventories in the Washington Statistical Area for the pollutant,
carbon monoxide (CO).
Subpart V--Maryland
4. Section 52.1070 is amended by adding paragraph(c)(118) to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(118) The carbon monoxide redesignation and maintenance plan for
the Counties of Montgomery and Prince George, Maryland submitted by the
Maryland Department of the Environment on October 12, 1995, as
[[Page 2937]]
part of the Maryland SIP. The emission inventory projections are
included in the maintenance plan.
(i) Incorporation by reference.
(A) Letter of October 12, 1995 from the Maryland Department of the
Environment requesting the redesignation and submitting the maintenance
plan.
(B) Maintenance Plan for the Maryland portion of the Metropolitan
Washington Carbon Monoxide Nonattainment Area adopted on September 20,
1995.
(ii) Additional material.
(A) Remainder of October 12, 1995 State submittal.
5. Section 52.1075 is amended by redesignating existing text as
paragraph (a) and adding paragraph (b) to read as follows:
Sec. 52.1075 1990 Base Year Emission Inventory for Carbon Monoxide
* * * * *
(b) EPA approves as a revision to the Maryland Implementation Plan
the 1990 base year emission inventory for the Washington Metropolitan
Statistical Area, submitted by Secretary, Maryland Department of the
Environment, on March 21, 1994 and October 12, 1995. This submittal
consist of the 1990 base year stationary, area and off-road mobile and
on-road mobile emission inventories in the Washington Statistical Area
for the pollutant, carbon monoxide (CO).
Subpart VV--Virginia
6. Section 52.2420 is amended by adding paragraphs (c)(107) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(107) The carbon monoxide redesignation and maintenance plan for
the Counties of Arlington and Alexandria, Virginia submitted by the
Virginia Department of Environmental Quality on October 4, 1995, as
part of the Virginia SIP. The emission inventory projections are
included in the maintenance plan.
(i) Incorporation by reference.
(A) Letter of October 4, 1995 from the Virginia Department of
Environmental Quality requesting the redesignation and submitting the
maintenance plan.
(B) Maintenance Plan for the Virginia portion of the Metropolitan
Washington Carbon Monoxide Nonattainment Area adopted on September 20,
1995.
(ii) Additional material.
(A) Remainder of October 4, 1995 State submittal.
7. Section 52.2425 is added to read as follows:
Sec. 52.2425 1990 Base Year Emission Inventory for Carbon Monoxide.
EPA approves as a revision to the Virginia Implementation Plan the
1990 base year emission inventory for the Washington Metropolitan
Statistical Area, submitted by Director, Virginia Department of
Environmental Quality, on November 1, 1993, April 3, 1995 and October
12, 1995. This submittal consist of the 1990 base year stationary, area
and off-road mobile and on-road mobile emission inventories in the
Washington Statistical Area for the pollutant, carbon monoxide (CO).
PART 81--[AMENDED]
8. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart C--Section 107 Attainment Status Designations
9. In Sec. 81.309, the table for ``District of Columbia-Carbon
Monoxide'' is amended by revising the entry for the ``Washington Area
Entire Washington Area'' to read as follows:
Sec. 81.309 District of Columbia.
* * * * *
District of Columbia-Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
Washington Area:
Washington Entire Area....... Attainment
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.
* * * * *
10. In Sec. 81.321, the table for ``Maryland-Carbon Monoxide'' is
amended by revising the entry for ``Montgomery County'' and for
``Prince George's County'' to read as follows:
Sec. 81.321 Maryland.
* * * * *
Maryland-Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Washington Area:
Montgomery County (part) Attainment
Election Districts 4, 7, 13.
Prince George's County (part) Attainment
Election Districts 2, 6, 12,
16, 17, 18.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.
* * * * *
11. In Sec. 81.347, the table for ``Virginia-Carbon Monoxide'' is
amended by revising the entry for ``Alexandria'' and for ``Arlington
County'' to read as follows:
Sec. 81.347 Virginia.
* * * * *
[[Page 2938]]
Virginia-Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
Washington area:
Alexandria................... Attainment ......................
Arlington County............. Attainment ......................
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 96-1592 Filed 1-29-96; 8:45 am]
BILLING CODE 6560-50-P
