96-31124. Clean Air Act Approval and Promulgation of State Implementation Plan for Colorado; Oxygenated Gasoline Program; Carbon Monoxide State Implementation Plans for Denver and LongmontSupplemental Notice; and PMINF10 State Implementation Plan ...  

  • [Federal Register Volume 61, Number 236 (Friday, December 6, 1996)]
    [Proposed Rules]
    [Pages 64647-64651]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-31124]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [FRL-5660-6]
    
    
    Clean Air Act Approval and Promulgation of State Implementation 
    Plan for Colorado; Oxygenated Gasoline Program; Carbon Monoxide State 
    Implementation Plans for Denver and Longmont--Supplemental Notice; and 
    PM10 State Implementation Plan for Denver--Supplemental Notice
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed rulemaking.
    
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    SUMMARY: The Environmental Protection Agency (``EPA'' or the 
    ``Agency'') is proposing to approve a State Implementation Plan (SIP) 
    revision submitted by the State of Colorado that would shorten the 
    season for the oxygenated gasoline program from four to three and a 
    half months. The State has requested that EPA approve Colorado's 
    elimination of the requirement for oxygenated gasoline use during the 
    last two weeks of February for the Denver-Boulder, Fort Collins-
    Loveland, and Colorado Springs Metropolitan Statistical Areas (MSA). 
    Based on Colorado's revision to its oxygenated gasoline requirements, 
    EPA is reproposing approval of the Denver Carbon Monoxide (CO) SIP, 
    Longmont CO SIP, and Denver PM10 SIP. EPA is taking the action to 
    shorten the oxygenated gasoline season under Sections 110 and 211(m) of 
    the Clean Air Act.
    
    DATES: Comments must be received on or before January 6, 1997.
    
    ADDRESSES: Comments may be mailed to Richard R. Long, Director, Air 
    Programs, USEPA Region VIII (P2-A), 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 
    above address. Interested persons wanting to examine these documents 
    should make an appointment with the appropriate contact person at least 
    24 hours before the visiting day.
    
    FOR FURTHER INFORMATION CONTACT: Scott Lee, at (303) 312-6736 or via e-
    mail at lee.scott@epamail.epa.gov. While information may be requested 
    via e-mail, comments must be submitted in writing to the EPA Region 
    VIII address above.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Section 211(m) of the Act requires that certain states submit 
    revisions to their SIPs, and implement oxygenated gasoline programs, no 
    later than November 1, 1992. This requirement applies to all states 
    with carbon monoxide nonattainment areas with design values of 9.5 
    parts per million or more based generally on 1988 and 1989 data. The 
    Act requires that the winter oxygenated gasoline program apply to all 
    gasoline sold in the larger of the Consolidated Metropolitan 
    Statistical Area (CMSA) or Metropolitan Statistical Area (MSA) in which 
    the nonattainment area is located. (In Colorado, these areas are the 
    Colorado Springs MSA, Fort Collins-Loveland MSA, and the Denver-Boulder 
    CMSA.) Gasoline for the specified control area(s) must contain not less 
    than 2.7% oxygen by weight during that portion of the year in which the 
    areas are prone to high ambient concentrations of carbon monoxide.
        Under Section 211(m)(2), the length of the control period, 
    established by the EPA Administrator, shall not be less than four 
    months unless a state can demonstrate that, because of meteorological 
    conditions, a reduced control period will assure that there will be no 
    carbon monoxide exceedances outside of such reduced period. EPA 
    guidance \1\ identified an appropriate control period for Colorado, to 
    run from the first day of November through the last day of February.
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        \1\ See ``Guidelines for Oxygenated Gasoline Credit Programs and 
    Guidelines on Establishment of Control Periods under Section 211(m) 
    of the Clean Air Act as Amended--Notice of Availability,'' 57 FR 
    47849 (October 20, 1992).
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        On November 26, 1992, the State of Colorado submitted to EPA a 
    revision to Regulation No. 13 (Colorado had an existing state oxygen 
    gasoline program), which updated Colorado's oxygenated gasoline program 
    to meet federal guidelines. The November 26, 1992 SIP revision provided 
    for a 2.7% minimum oxygen content by weight program and established a 
    control period in accordance with the EPA guidance. EPA proposed 
    approval of this SIP revision on January 11, 1994 (59 FR 1513) and 
    finalized approval on July 25, 1994 (59 FR 37698) in conjunction with a 
    limited approval of Colorado's PM10 SIP.
        On July 11, 1994, Governor Roy Romer submitted comprehensive 
    revisions to the Colorado SIP. Included in the comprehensive revision 
    was a commitment to revise Regulation No. 13, Colorado Oxygenated 
    Gasoline Program. The State's commitment, which it has since met, was 
    to adopt and implement a 3.1% oxygenated fuels program, providing 
    additional benefit over the 2.7% program already required in the area 
    by Section 211(m) of the Act. The State determined it needed the 
    additional benefit to ensure attainment of the CO standard in Denver by 
    the applicable attainment date.
        The Colorado Air Quality Control Commission (AQCC) revised 
    Regulation No. 13 in two steps. On July 19, 1994, the AQCC revised 
    Regulation No. 13 to incorporate the ``maximum blending'' approach for 
    the winter of 1994-95. This approach requires gasoline suppliers using 
    methyl tertiary butyl ether (MTBE) as an oxygenate to blend at the 2.7% 
    oxygen level (the maximum allowed by Federal regulations), and 
    suppliers using ethanol as an oxygenate to blend at the 3.5% oxygen 
    level (also the maximum allowed by Federal regulations). The market 
    share of ethanol in the Denver area has exceeded 50% in recent years, 
    and this approach is expected to result in at least a 3.1% oxygen 
    content during each winter season. On October 20, 1994, the AQCC 
    revised Regulation No. 13 to incorporate a more complex 3.1% 
    ``averaging'' program. If the maximum blending approach should fail to 
    provide for at least a 3.1% oxygen content, the SIP revision provides 
    that in subsequent winter seasons the averaging program will take 
    effect. On September 29, 1995, the Governor submitted both revisions to 
    EPA for approval. EPA found the submittal complete on November 30, 
    1995. On July 9, 1996, EPA proposed approval of these revisions as a 
    control measure for the Denver CO SIP and a
    
    [[Page 64648]]
    
    contingency measure for the Longmont CO SIP \2\ (61 FR 36004).
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        \2\ For the Longmont CO SIP, the State also included the 
    previously approved 2.7% oxygenated gasoline program as a control 
    measure for the attainment demonstration. See 61 FR 36004.
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        On October 19, 1995, the AQCC held a public hearing and adopted a 
    SIP revision (revision to Regulation No. 13) based on the provision of 
    section 211(m)(2) that allows EPA to reduce the oxygenated gasoline 
    control period if the State can demonstrate that, because of 
    meteorological conditions, a reduced period will assure that there will 
    be no exceedances of the carbon monoxide standard outside of such 
    reduced period. The revision eliminates the oxygenated gasoline program 
    requirements for the last two weeks of February, otherwise leaving 
    Colorado's program requirements unchanged. The Governor submitted the 
    revision to EPA for approval on December 22, 1995 and indicated that 
    the revision superseded and replaced all previous versions of 
    Regulation No. 13.
    
    II. EPA Analysis of State Submittal
    
        The applicable Clean Air Act requirements and EPA's rationale for 
    its proposed actions are discussed below.
    
    A. Section 211(m)(2) Demonstration
    
        Section 211(m)(2) of the Clean Air Act states the Administrator may 
    reduce the oxygenated gasoline control period below the minimum four 
    months ``if the State can demonstrate that because of meteorological 
    conditions, a reduced period will assure that there will be no 
    exceedances of the carbon monoxide standard outside of such reduced 
    period.''
        Based on this provision, EPA required the State to demonstrate, 
    based on worst-case meteorology for Denver for the last 21 years (as 
    indicated by daily peak 8-hour CO concentrations), at least a 95% 
    probability that there would be no exceedances of the CO standard 
    during the last two weeks of February as a result of the shortening of 
    the control period. EPA believes that to implement the statutory 
    requirement of assuring no exceedances it is reasonable to require a 
    State to show a very high probability of no exceedances and that 95% is 
    a reasonable threshold for the State's demonstration here. Given the 
    limitations of statistical analysis and the problems associated with 
    proving a negative, EPA believes that a higher threshold would be 
    inappropriate. EPA has not determined whether a lower threshold would 
    provide sufficient assurance that there would be no exceedances.
        EPA believes the selected approach is conservative in assuring no 
    exceedances of the CO standard. The risk analysis is based on worst-
    case conditions, and assumes that no oxygenates are present in gasoline 
    beginning on February 14. However, because 3.1% oxygen content 
    requirements are enforced at both retail outlets and at the terminals 
    that supply retail outlets until the end of the control period, 
    oxygenated gasoline continues to be supplied to retail outlets from the 
    terminals after the end of the control period. Historically, the 
    presence of oxygenates has tapered off over a two week period after the 
    control period ends. EPA expects this trend to continue. Therefore, 
    some level of oxygenates will be in gasoline and CO reductions will 
    continue to be realized throughout the two-week period for which 
    control requirements are being eliminated.
        The State performed an analysis of the probability of a carbon 
    monoxide exceedance in the Denver area during the last two weeks of 
    February 1996 assuming no oxygenates in automotive fuels and all other 
    elements of the Denver CO SIP in place. The analysis was based on a 
    climatology of 21 years of measured daily peak carbon monoxide 
    concentrations at the CAMP monitoring site in downtown Denver for the 
    two weeks of interest. The high concentrations at the CAMP site have 
    generally been the highest measured at CO monitoring sites in the 
    Denver-Boulder area during the last two weeks of February. CAMP has 
    also shown the greatest number of exceedances of the CO NAAQS during 
    this two-week period. The twenty-one year period of record was 
    sufficiently long to provide statistically realistic estimates of 
    worst-case atmospheric dispersion conditions. Carbon monoxide emissions 
    in Denver are expected to decrease between 1996 and 2005, and are 
    expected to remain below 1996 levels at least through 2015, because a 
    cleaner vehicle fleet is projected to more than offset the effect of 
    increasing traffic volumes. Thus, the calculated probability of a CO 
    NAAQS exceedance is at a maximum in 1996 at least through 2015. EPA 
    does not believe it is necessary or reasonable to project beyond 2015 
    to meet the statutory requirement of assuring no exceedances, given the 
    increasing uncertainty inherent in such long-range forecasting, and 
    believes that a shorter period might be adequate.
        In order to normalize the effects of emissions changes over the 21-
    year study period, measured concentrations were adjusted to reflect 
    estimated changes in CO emissions between the measurement year and 
    1996. The resulting analysis provided a distribution of concentrations 
    that would have occurred had the same historical meteorological 
    conditions occurred at 1996 emission rates, without oxygenated fuels. 
    The State's analysis, using three different statistical methods, showed 
    that there would have been between a 3 and 5% probability of a CO NAAQS 
    exceedance during the last two weeks of February 1996 if oxygenated 
    fuels had not been in use. As noted above, due to the effects of fleet 
    turnover, this 3 to 5% probability should represent the maximum 
    probability of an exceedance during the last two weeks of February at 
    least through 2015, and the probability should in fact decrease between 
    1996 and 2005.
        For the Colorado Springs and Fort Collins-Loveland areas, if the 
    oxygenated gasoline program is eliminated during the last two weeks of 
    February, the probability of an exceedance during those two weeks is 
    lower than it is for the Denver area. Compared to the Denver area, 
    these areas have experienced significantly fewer exceedances of the CO 
    standard and significantly lower ``high'' concentrations over the 
    relevant time frame. Thus, the probability of an exceedance in the last 
    two weeks of February 1996 in the Colorado Springs area and the Fort 
    Collins-Loveland area, if the oxygenated gasoline program had been 
    eliminated, would have been less than the 3 to 5% projected at the CAMP 
    monitor. The probability is expected to decrease in years after 1996 
    due to fleet turnover.
        The State's analysis meets the requirements discussed above and, 
    thus, EPA can approve the shortening of the control period. However, if 
    an exceedance occurs during the last two weeks of February, EPA intends 
    to reevaluate this determination and consider calling for a SIP 
    revision.
    
    B. Impact on Denver and Longmont Carbon Monoxide SIPs
    
        On July 9, 1996, EPA proposed approval of the Denver and Longmont 
    CO SIPs. Subsequent to this proposal, EPA became aware that the version 
    of Regulation No. 13 that was a control measure for Denver and a 
    contingency measure for Longmont had been replaced by the October 19, 
    1995 version of Regulation No. 13. The two versions are identical 
    except that the October 19, 1995 version eliminates the last two weeks 
    of February from the program. In addition, for the Longmont CO SIP, the 
    State took credit in the attainment demonstration for the 2.7% 
    oxygenated gasoline program contained
    
    [[Page 64649]]
    
    in the version of Regulation No. 13 that EPA approved on July 25, 1994 
    (59 FR 37698). The October 19, 1995 Regulation No. 13 replaces the four 
    month, 2.7% program with the three-and-a-half month, 3.1% program. 
    Hence, for purposes of the Denver and Longmont CO SIPs, EPA is 
    publishing this supplemental notice to announce EPA's proposal to 
    approve the SIPs with the October 19, 1995 version of Regulation No. 13 
    substituted for the prior versions. The analysis regarding the CO SIPs 
    remains as described in the July 9, 1996 proposal, except that EPA 
    explains below the basis for its conclusion that the elimination of the 
    last two weeks of the oxygenated gasoline program does not affect the 
    validity of the attainment demonstration for the Denver CO SIP or the 
    attainment demonstration and contingency measures for the Longmont CO 
    SIP.
    1. Denver CO SIP Attainment Demonstration
        The attainment demonstration is based on adverse meteorological 
    conditions that occurred on January 15, 1988, and December 5, 1988. The 
    State chose these dates because they represent the highest CO 
    concentration episodes that were observed between January 1988 and 
    January 1991.3 The attainment demonstration is based on the 
    presumption that if the standard is attained under the conditions 
    present during these highest ranking CO episodes, it will also be 
    attained for the remainder of the winter season. This is consistent 
    with EPA policy regarding CO attainment demonstrations. None of the top 
    forty-eight ranked episodes during the 1988 to 1991 period occurred 
    during the last two weeks of February. Concentrations during the 
    highest-ranked late February episodes were much lower than those 
    recorded during the highest episodes in December and January.4 The 
    maximum calculated incremental increase (1.85 ppm) in CO concentration 
    from non-oxygenated fuel vehicles would not be sufficient to increase 
    total CO concentrations above 9.0 ppm during the last two weeks of 
    February in the attainment year. Thus, NAAQS attainment would be 
    assured during the last two weeks of February 2000 even without the 
    oxygenated gasoline program.
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        \3\ EPA guidance calls for the use of three years of monitoring 
    data as the basis for modeling attainment. See ``Guideline for 
    Regulatory Application of the Urban Airshed Model for Area-wide 
    Carbon Monoxide,'' EPA-450/4-92-011a, June 1992.
        \4\ The highest value recorded in the 1988 to 1991 period was 
    18.7 ppm. The 48th highest value during the 1988 to 1991 period was 
    9.0 ppm. Since the highest-ranked episode during the last two weeks 
    of February was not within the top 48 values overall, it was lower 
    than 9.0 ppm and was much lower than 18.7 ppm.
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    2. Longmont CO SIP
        For the Longmont CO SIP, the State relied on the preexisting 2.7% 
    oxygenated gasoline program as one of the control measures in the 
    attainment demonstration and the State selected the 3.1% oxygenated 
    gasoline program as the contingency measure. EPA believes neither 
    measure is necessary for the last two weeks of February for the reasons 
    discussed below.
        With respect to the attainment demonstration, the State calculated 
    a second high value at the end of 1995 (the attainment date) of 6.97 
    ppm CO. This second high value was calculated to occur on January 27, 
    1995; high values for the last two weeks of February were even lower. 
    However, even if one were to assume this second high value occurred 
    during the last two weeks of February, the elimination of the 2.7% 
    oxygenated fuels program would not have caused the second high value to 
    exceed the CO standard. Since fleet turnover is expected to 
    progressively reduce CO concentrations in future years, the elimination 
    of the 2.7% oxygenated gasoline program during the last two weeks of 
    February will also not affect maintenance of the CO standard in the 
    Longmont area.
        With respect to the contingency measure, Longmont has never 
    recorded an exceedance of the CO standard in February. The highest 
    value recorded in February was 8.9 ppm, recorded on February 13, 1988, 
    during the special monitoring study conducted in 1988 and 1989. The 
    federal motor vehicle control program and the enhanced inspection/
    maintenance program have led to significant reductions in emissions 
    since that time, and these reductions are expected to continue in 
    future years due to fleet turnover. Because Longmont has never had 
    values over the CO standard during the last two weeks of February, and 
    because data in recent years have not even approached the standard 
    during the last two weeks in February, EPA has determined that it is 
    not necessary for the State to require an oxygenated gasoline program 
    during the last two weeks of February as a contingency measure in the 
    Longmont CO SIP.
    
    C. Impact on the Denver PM10 SIP
    
        On October 3, 1996, EPA proposed approval of the Denver PM10 
    SIP. As with the Denver CO SIP, EPA became aware after proposing 
    approval of the PM10 SIP that the version of Regulation No. 13 
    that comprised a portion of the Denver PM10 SIP had been replaced 
    by the October 19, 1995 version of Regulation No. 13. As noted above, 
    the October 19, 1995 version eliminates the last two weeks from the 
    program and calls for a 3.1% program rather than a 2.7% program. Hence, 
    for the purposes of the Denver PM10 SIP, EPA is publishing this 
    supplemental notice to propose to approve the Denver PM10 SIP with 
    the October 19, 1995 version of Regulation No. 13 substituted for the 
    prior version. The analysis regarding the Denver PM10 SIP remains 
    as described in the October 3, 1996 proposal, except that EPA explains 
    below the basis for its conclusion that the elimination of the last two 
    weeks of the oxygenated gasoline program does not affect the validity 
    of the PM10 SIP.
        The modeling analysis for the PM10 SIP attainment 
    demonstration used a gridded emissions inventory for the Denver 
    Metropolitan area and five years of historical meteorological data from 
    Stapleton airport. To ensure accuracy, the model was tested by 
    comparing modeled PM10 concentrations with those actually measured 
    at PM10 monitoring sites during the base years (1984-1989). Model 
    evaluation testing showed that the PM10 modeling system met 
    published EPA criteria for accuracy. In the PM10 SIP attainment 
    demonstration runs, the emission inventory was projected to the year 
    1995 and included emission reductions related to the proposed PM10 
    control measures. Because five years of meteorological data were used, 
    the 24-hour PM10 NAAQS is met when the predicted sixth highest 
    PM10 concentration at all receptor locations is less than 150 
    g/m3. The final SIP modeling results showed a sixth 
    highest 1995 concentration of 147.8 g/m3 near the CAMP 
    monitoring station in Downtown Denver.
        To estimate the effect of shortening the oxygenated fuels program 
    on PM10 attainment, the effect on total motor vehicle emissions 
    was first calculated. EPA estimated that motor vehicle exhaust 
    emissions of PM10 during late February would increase by 
    approximately 4.4% without oxygenated fuels. This emission increase was 
    then factored back into the PM10 SIP attainment modeling to 
    determine the effect on predicted concentrations. At the highest 
    concentration receptor locations near the CAMP monitoring site, motor 
    vehicle exhaust accounted for about 10.6 g/m3 of the 
    total predicted PM10 concentrations. A 4.4% increase in motor 
    vehicle exhaust would thus increase total PM10 concentrations by 
    0.46 g/m3. At the CAMP receptor and
    
    [[Page 64650]]
    
    other locations nearby, this increase would have been insufficient to 
    raise concentrations on the sixth highest ranked day above 150 
    g/m3 for the attainment year. Readers should note that 
    the shortening of the oxygenated gasoline program did not occur before 
    the PM10 attainment date.
        EPA has also considered possible impacts on maintenance of the 
    PM10 NAAQS through the milestone date of December 31, 1997 and has 
    concluded that the elimination of the oxygenated gasoline program 
    during the last two weeks of February will not affect the maintenance 
    of the PM10 standard. In calculating the sixth highest PM10 
    concentration in the maintenance year, the State estimated the growth 
    in emissions and brought the concentration forward from the attainment 
    demonstration. This led to a value of 149.9 g/m3. If 0.46 
    g/m3 were added to this value, the 24-hour PM10 
    standard would be exceeded. However, the sixth highest value occurred 
    in December, not February, and thus, should be discarded. The seventh 
    highest value also occurred in December and should also be discarded. 
    However, even if this seventh highest value had occurred in the last 
    two weeks of February, elimination of the oxygenated gasoline program 
    would not have lead to an exceedance of the standard. The seventh 
    highest value during the attainment year was 146.4 g/m3. 
    Projecting to the end of 1997, this value would be 148.7 g/
    m3. Adding 0.46 g/m3 to this value would not lead to 
    an exceedance of the standard. The highest PM10 value actually 
    modeled for the attainment year during the last two weeks of February 
    was 140.1 g/m3, significantly lower than 146.4 
    g/m3. Thus, the validity of the PM10 SIP is not 
    affected by the elimination of the last two weeks of February from the 
    oxygenated gasoline program.
    
    III. Proposed Action
    
        EPA is proposing to approve revisions to the Colorado SIP submitted 
    by the Governor on December 22, 1995. Specifically, EPA is proposing to 
    approve revised Regulation No. 13, which was adopted by the Colorado 
    Air Quality Control Commission on October 19, 1995. This revised 
    Regulation No. 13 has the effect of eliminating the oxygenated gasoline 
    requirements during the last two weeks of February for the Denver-
    Boulder, Fort Collins-Loveland, and Colorado Springs Metropolitan 
    Statistical Areas. In addition, EPA is proposing to approve this 
    revision to Regulation No. 13 as a substitute for the October 20, 1994 
    version of Regulation No. 13 that EPA proposed to approve as a control 
    measure for the Denver CO SIP and a contingency measure for the 
    Longmont CO SIP on July 9, 1996 (61 FR 36004), and as a substitute for 
    the version of Regulation No. 13 that EPA approved on July 25, 1994 and 
    that the State relied on as control measure in the Longmont CO SIP (see 
    EPA's notice of proposed rulemaking dated July 9, 1996, 61 FR 36004) 
    and the Denver PM10 SIP (see EPA's notice of proposed rulemaking 
    dated October 3, 1996, 61 FR 51631, and EPA's limited approval of the 
    PM10 SIP dated July 25, 1994, 59 FR 37698). Also, based on this 
    revision to Regulation No. 13, EPA is reproposing to approve the 
    attainment demonstration in the Denver CO SIP, the attainment 
    demonstration in the Longmont CO SIP, and the attainment and 
    maintenance demonstrations in the Denver PM10 SIP.
        EPA intends to take final action on this proposal to shorten the 
    oxygenated gasoline season at the same time as it takes final action on 
    the Denver and Longmont CO SIPs (proposed 61 FR 36004). EPA may take 
    final action on the Denver PM10 SIP (proposed 61 FR 51631) at a 
    separate time.
    
    IV. Request for Public Comments
    
        EPA is requesting comments on today's proposal. As indicated at the 
    outset of this document, EPA will consider any comments received by 
    January 6, 1997. With respect to the Denver and Longmont CO SIPs and 
    the Denver PM10 SIP, those wishing to comment should note that EPA is 
    only entertaining comment regarding these SIPs on the change to 
    Regulation No. 13 and any impact of this change on the approvability of 
    these SIPs. The comment period regarding other aspects of the CO SIP 
    has already closed and the comment period regarding other aspects of 
    the PM10 SIP was specified at 61 FR 51631 and closes on December 2, 
    1996.
    
    V. Executive Order (EO) 12866
    
        Under EO 12866, 58 FR 51735 (October 4, 1993), EPA is required to 
    determine whether regulatory actions are significant and therefore 
    should be subject to OMB review, economic analysis, and the 
    requirements of the EO. The EO defines a ``significant regulatory 
    action'' as one that is likely to result in a rule that may meet at 
    least one of the four criteria identified in section 3(f) of the EO, 
    including, under paragraph (1), that the rule may ``have an annual 
    effect on the economy of $100 million or more or adversely affect, in a 
    material way, the economy, a sector of the economy, productivity, 
    competition, jobs, the environment, public health or safety, or State, 
    local, or tribal governments or communities.''
        The SIP-related actions proposed today have been classified as 
    Table 3 actions 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 has exempted these regulatory actions from EO 12866 review.
    
    V. Regulatory Flexibility
    
        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. sec. 603 and 
    604). Alternatively, EPA may certify that the rule will not have a 
    significant impact on a substantial number of small entities. Small 
    entities include small businesses, small not-for-profit enterprises, 
    and government entities with jurisdiction over populations that are 
    less than 50,000.
        SIP revision 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 process does not impose any new requirements, EPA 
    certifies that this proposed rule would not have a significant impact 
    on any small entities affected. Moreover, due to the nature of the 
    Federal-State relationship under the CAA, preparation of a regulatory 
    flexibility analysis would constitute Federal inquiry into the economic 
    reasonableness of State actions. The CAA forbids EPA to base its 
    actions concerning SIPs on such grounds. Union Electric Co. v. EPA, 427 
    U.S. 246, 256-266 (S. Ct. 1976); 42 U.S.C. section 7410(a)(2).
    
    VI. 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
    
    [[Page 64651]]
    
    informing and advising any small governments that may be significantly 
    or uniquely impacted by the rule.
        EPA has determined that the SIP approval actions proposed today do 
    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. These Federal actions approve 
    pre-existing requirements under State or local law, and impose no new 
    requirements. Accordingly, no additional costs to State, local or 
    tribal governments, or to the private sector, result from these 
    actions.
    
    List of Subjects in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide, 
    Intergovernmental relations, Reporting and recordkeeping requirements.
    
        Authority: U.S.C. 7401-7671q.
    
        Dated: December 2, 1996.
    Jack W. McGraw,
    Acting Regional Administrator.
    [FR Doc. 96-31124 Filed 12-5-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
12/06/1996
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rulemaking.
Document Number:
96-31124
Dates:
Comments must be received on or before January 6, 1997.
Pages:
64647-64651 (5 pages)
Docket Numbers:
FRL-5660-6
PDF File:
96-31124.pdf
CFR: (1)
40 CFR 52