[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27603]
[[Page Unknown]]
[Federal Register: November 8, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[UT6-1-5684; MT15-1-5691; A-1-FRL-5091-7]
Approval and Promulgation of Air Quality Implementation Plans;
States of Montana and Utah; Oxygenated Gasoline Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the States of Montana and Utah. The Montana and Utah
revisions implement oxygenated gasoline programs in Missoula, Montana,
and in the Provo-Orem and Salt Lake City-Ogden, Utah, Metropolitan
Statistical Areas. These SIP revisions were submitted to satisfy the
requirement of section 211(m) of the Clean Air Act as amended by the
Clean Air Act Amendments of 1990 (the Act), which requires all carbon
monoxide nonattainment areas with a design value of 9.5 parts per
million (ppm) or greater based generally on 1988 and 1989 air quality
monitoring data to implement an oxygenated gasoline program. This
action is being taken under section 110 of the Clean Air Act.
EFFECTIVE DATES: This final rule is effective December 8, 1994.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at United
States Environmental Protection Agency Region 8, Air, Radiation &
Toxics Division, Air Programs Branch, 999 18th Street, Suite 500,
Denver, Colorado 80202-2466.
FOR FURTHER INFORMATION CONTACT: Scott P. Lee, Air Programs Branch,
State Implementation Plan Section (8ART-AP), US Environmental
Protection Agency, Region 8, Denver, Colorado 80202, (303) 293-1887.
SUPPLEMENTARY INFORMATION: On October 20, 1993 (58 FR 54081-54086), EPA
published a notice of proposed rulemaking (NPR) for the State of
Montana and the State of Utah. The NPR proposed approval of oxygenated
gasoline programs in both states. On November 6, 1992, Stan Stephens,
Governor of Montana, submitted to EPA a revised SIP including the
oxygenated gasoline program that was adopted by the State on September
25, 1992. On November 9, 1992, Norman H. Bangerter, Governor of Utah,
submitted to EPA a revised SIP including the oxygenated gasoline
program that was adopted by the State on September 30, 1992. On May 19,
1994, Governor Michael O. Leavitt submitted to EPA final regulations
for Utah's Oxygenated Gasoline Program. Utah's regulations contained no
substantive changes from the draft regulations on which EPA proposed
approval (58 FR 54081) of Utah's Oxygenated Gasoline Program using
EPA's ``parallel processing'' procedure. The State adopted these
regulations on July 1, 1993 and on July 19, 1993, both with effective
dates of September 1, 1993.
Since September 1993, the State adopted a revised version of the
oxygenated gasoline regulations, effective December 16, 1993, requiring
the Salt Lake City-Ogden MSA to implement an oxygenated gasoline
program beginning November 1, 1994. The State exempted this MSA for the
1993-94 season pending a decision on a waiver request submitted to EPA.
EPA will address the waiver request issue in a separate document. The
waiver decision will be forthcoming in the Federal Register. The
certified copy of the regulations, effective December 16, 1993, contain
no substantive changes from EPA's proposed approval. More detailed
analyses of the States' submittals were prepared as part of the NPR
action and are contained in a Technical Support document (TSD) dated
July 20, 1993, which is available from the Region 8 office listed in
the Addresses section of this document.
Other specific requirements of the oxygenated gasoline programs and
the rationale for EPA's action are explained in the NPR and will not be
restated here. No public comments were received on the NPR.
Final Action
EPA is approving the revisions to the Montana SIP and the revisions
to the Utah SIP as proposed, for both oxygenated gasoline programs
meeting the requirements of section 211(m) of the Act.
Administrative Review
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
OMB has exempted these actions from review under Executive Order
12866.
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 January 9, 1995. 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)) (See 42 U.S.C.
7607 (b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Ozone, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: October 5, 1994.
Jack W. McGraw,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations 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 BB--Montana
2. Section 52.1370 is amended by adding paragraph (c)(32) to read
as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(32) On November 6, 1992, Stan Stephens, the Governor of Montana,
submitted a SIP revision to the Implementation Plan for the Control of
Air Pollution. This revision establishes and requires the
implementation of an oxygenated fuels program in Missoula County as
required by section 211(m) of the Clean Air Act Amendments of 1990.
(i) Incorporation by reference.
(A) Missoula City-County Rule 1429, which establishes and requires
the implementation of an oxygenated fuel program, as adopted June 9,
1992.
(ii) Additional materials.
(A) Letter dated November 6, 1992, from Governor Stan Stephens
submitting the oxygenated gasoline program SIP revision.
(B) Stipulation signed June 12, 1991 between the Montana Department
of Health and Environmental Sciences and the Missoula City-County Air
Pollution Control Board, which delineates the responsibilities and
authorities between the two entities.
(C) Board order issued September 25, 1992 by the Montana Board of
Health and Environmental Sciences approving amendments to Missoula
City-County Air Pollution Control Program, adopting Rule 1429
establishing and implementing an oxygenated fuels program.
* * * * *
Subpart TT--Utah
3. Section 52.2320 is amended by adding paragraph (c)(26) to read
as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
(26) On November 9, 1992, Norman Bangerter, the Governor of Utah,
submitted a SIP revision to the Utah Implementation Plan and Utah Air
Conservation Regulations. This revision establishes and requires the
implementation of oxygenated fuel programs in Provo-Orem and Salt Lake-
Ogden Metropolitan Statistical Areas as required by section 211(m) of
the Clean Air Act Amendments of 1990.
(i) Incorporation by reference.
(A) R307-8; Oxygenated Gasoline Program, of the Utah Air
Conservation Regulations as adopted by the State, effective December
16, 1993.
(ii) Additional materials.
(A) Letter dated November 9, 1992, from Governor Norman Bangerter
submitting the oxygenated gasoline program SIP revision.
(B) Letter dated May 19, 1994, from Governor Michael O. Leavitt
submitting the oxygenated gasoline program SIP revision.
[FR Doc. 94-27603 Filed 11-7-94; 8:45 am]
BILLING CODE 6560-50-P
