[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Proposed Rules]
[Pages 28541-28545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14118]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 81
[WI70-1-7296; FRL-5510-6]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes: Wisconsin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve the Wisconsin Department of
Natural Resources (WDNR) request to redesignate Walworth County to
attainment for ozone. In addition, EPA is proposing to approve the
associated maintenance plan as a revision to the Wisconsin State
Implementation Plan (SIP).
DATES: Comments on this proposed action must be received by July 5,
1996.
ADDRESSES: Written comments should be addressed to: Carlton T. Nash,
Chief, Regulation Development Section, Air Toxics and Radiation Branch
(AR-18J), United States Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Copies of the State's submittal and EPA's analysis (Technical
Support Document) are available for inspection at the following
location: United States Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois
60604. (It is recommended that you telephone Randy Robinson at (312)
353-6713 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Randy Robinson at (312) 353-6713.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with requirements of the Clean Air Act Amendments of
1990 (ACT), Walworth County was designated as a marginal ozone
nonattainment area on November 6, 1991, (56 FR 56850). The
nonattainment designation was based on air quality monitored violations
of the ozone National Ambient Air Quality Standards (NAAQS).
Recent air quality data shows that Walworth County is not in
violation of the ozone NAAQS. Therefore, the area is eligible for
redesignation to attainment based on a minimum of 3 years of ``clean''
air quality data, as required in the Act. On December 15, 1995, the
WDNR submitted a request for redesignation to attainment and a
maintenance plan for ozone for Walworth County. The remainder of this
notice will discuss the regulatory requirements for redesignation to
attainment, the details of the Wisconsin submittal, and EPA's
rulemaking action.
II. Redesignation Review Criteria
The Act provide the requirements for redesignating a nonattainment
area to attainment. Specifically, Section 107(d)(3)(E) provides for
redesignation if: (i) The Administrator determines that the area has
attained the NAAQS; (ii) The Administrator has fully approved the
applicable implementation plan for the area under 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 Section
175(A); and (v) The State containing such area has met all requirements
applicable to the area under Section 110 and Part D.
The EPA provided guidance on redesignation in the General Preamble
for the Implementation of Title I of the Clean Air Act Amendments of
1990 (General Preamble), 57 FR 13498 (April 16, 1992), supplemented at
57 FR 18070 (April 28, 1992). Three key memoranda provide further
guidance with respect to Section 107(d)(3)(E) of the Act. The first,
dated September 4, 1992, was issued by John Calcagni, Director, Air
Quality Management Division, Subject: Procedures for Processing
Requests to Redesignate Areas to Attainment (Calcagni Memorandum). The
second, dated September 17, 1993, was issued by Michael Shapiro, Acting
Assistant Administrator for Air and Radiation, Subject: State
Implementation Plan (SIP) Requirements for Area Submitting Requests for
Redesignation to Attainment of the Ozone and Carbon Monoxide (CO) NAAQS
on or after November 15, 1992, (Shapiro Memorandum). The third, dated
October 14, 1994, was issued by Mary Nichols, Assistant Administrator
for Air and Radiation, Subject: Part D New Source Review Requirements
for Areas Requesting Redesignation to Attainment (Nichols Memorandum).
Analysis of State Submittal
A. The Area must have attained the Ozone National Ambient Air Quality
Standard
For ozone, an area may be considered attaining the NAAQS if there
are no violations, as determined in accordance with 40 CFR Sec. 50.9,
based on 3 complete, consecutive calendar years of quality assured
monitoring data. The data that are used should be the product of
ambient monitoring that is representative of the area believed to have
the highest concentration. A violation of the NAAQS occurs when the
annual average number of expected daily exceedances is equal to or
greater than 1 at any site under consideration. A daily exceedance
occurs when the maximum hourly ozone concentration during a given day
exceeds 0.124 parts per million (ppm). The data should be collected and
quality-assured in accordance with 40 CFR Part 58, and recorded in the
Aerometric Information Retrieval System (AIRS).
Walworth County contains one ozone monitor, located in Lake Geneva,
Wisconsin. To demonstrate monitored attainment with the standard, the
WDNR submitted ozone monitoring data for the April 15 through October
15 ozone season for 1992, 1993, and 1994.
Monitored Ozone Concentrations
[Parts per billion]
----------------------------------------------------------------------------------------------------------------
County Year 1st High 2nd High 3rd High 4th High
----------------------------------------------------------------------------------------------------------------
Walworth................................................. 1992 120 101 97 96
1993 107 93 91 89
[[Page 28542]]
1994 98 94 91 84
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The annual average expected exceedance for this 3-year time period
is 0.0. No violations were recorded during this 3-year time period.
Additionally, no exceedances were recorded during the 1995 ozone
monitoring season. This data has been quality assured and is recorded
in AIRS.
B. The Area Must Have a Fully Approved State Implementation Plan (SIP)
Under Section 110(k); and the Area Must Have Met All Applicable
Requirements Under Section 110 and Part D
In November 1991, Walworth County was designated marginal
nonattainment for ozone based on monitored ozone violations occurring
in 1988. As a result of this designation, the WDNR was required to
submit a revised SIP that meets the requirements of the Act and
demonstrates attainment with the ozone standards.
Section 110: General Requirements for Implementation Plans. Section
110(a)(2) of the Act lists the elements to be included in each SIP
after adoption by the State and reasonable notice and public hearing.
The elements include, but are not limited to, provisions for
establishment and operation of appropriate devices, methods, systems,
and procedures necessary to monitor ambient air quality; implementation
of a permit program, provisions for Part C Prevention of Significant
Deterioration (PSD) and D New Source Review (NSR) permit programs,
criteria for stationary source emission control measures, monitoring,
and reporting, provisions for modeling, and provisions for public and
local agency participation. For purposes of redesignation, the Walworth
County SIP was reviewed to ensure that all requirements under the
amended Act were satisfied. The EPA has determined that the Walworth
County SIP is consistent with the requirements of Section 110 of the
Act.
Part D: General Provisions for Nonattainment Areas. Before Walworth
County may be redesignated as attainment, it must have fulfilled the
applicable requirements of Part D. Under Part D, an area's
classification determines the requirements to which it is subject.
Subpart 1 of Part D sets forth the basic nonattainment requirements
applicable to all nonattainment areas. Subpart 2 of Part D establishes
additional requirements for ozone nonattainment areas classified under
table 1 of Section 181(a). As described in the General Preamble,
specific requirements of Subpart 2 may override Subpart 1's general
provisions (57 FR 13501 (April 16, 1992)). Walworth County was
classified as a marginal nonattainment area. Therefore, in order to be
redesignated, the State must meet the applicable requirements of
Subpart 1 of Part D--specifically Sections 172 and 176, as well as the
applicable requirements of Subpart 2 of Part D.
Section 172 Requirements. The State redesignation request for
Walworth County has satisfied all of the relevant submittal
requirements under Section 172 necessary for the area to be
redesignated to attainment.
The reasonable further progress (RFP) requirement under Section
172(c)(2) is defined as progress that must be made toward attainment.
This requirement is not relevant because Walworth County has already
demonstrated monitored attainment of the ozone NAAQS (General Preamble,
57 FR 13564).
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions. The
requirement was superseded by the inventory requirement in Section
182(a)(1). The WDNR submitted such an inventory on November 15, 1992.
It was approved on June 15, 1994 (59 FR 30702).
Section 172(c)(5) requires permits for the construction and
operation of new and modified major stationary sources anywhere in the
nonattainment area. The WDNR submitted information on nonattainment
area new source review rules on November 15, 1992. The rules were
approved by EPA on January 18, 1995 (60 FR 3538 ). The State's
Prevention of Significant Deterioration (PSD) program will become
effective in Walworth County upon redesignation to attainment. The
State was delegated the PSD program on November 4, 1987.
Section 176 Conformity Requirements. Section 176 of the Clean Air
Act requires States to revise their SIPs to establish criteria and
procedures to ensure that, before they are taken, Federal actions
conform to the air quality planning goals in the applicable State SIP.
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 to all other Federal actions (``general conformity'').
Section 176 further provides that the conformity revision to be
submitted by the States must be consistent with Federal conformity
regulations that the Act required the EPA to promulgate. Congress
provided for the State revisions to be submitted 1 year after the date
of promulgation of final EPA conformity regulations.
The EPA promulgated final transportation conformity regulations on
November 24, 1993, (58 FR 62188) and general conformity regulations on
November 30, 1993, (58 FR 63214). Pursuant to Section 51.396 of the
transportation conformity rule and Section 51.851 of the general
conformity rule, the State of Wisconsin submitted a SIP revision
containing transportation and general conformity criteria and
procedures on November 23, 1994, and November 30, 1994, respectively.
The EPA has not yet approved these rules as part of the SIP.
The EPA believes it is reasonable to interpret the conformity
requirements as not being applicable requirements for purposes of
evaluating the redesignation request under Section 107(d). 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, since such areas would be subject to a Section 175A
maintenance plan. Second, EPA's Federal conformity rules require the
performance of conformity analyses in the absence of federally approved
State rules. Therefore, 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 approved, the EPA believes it is reasonable to view these
requirements as not being applicable requirements for purposes of
evaluation of a redesignation request. Consequently, the ozone
redesignation request for the Walworth County area may be approved
notwithstanding the lack of fully approved State
[[Page 28543]]
transportation and general conformity rules. This policy was also
exercised in the Tampa, Florida ozone redesignation finalized on
December 7, 1995 (60 FR 62748).
Subpart 2 Section 182 Requirements. Walworth County is classified
marginal nonattainment; therefore, Part D, Subpart 2, Section 182(a)
requirements apply. In accordance with guidance presented in the
Shapiro memorandum, the requirements which came due prior to the
submission of the request to redesignate the Walworth County area must
be fully approved into the SIP before the request to redesignate the
area to attainment can be approved. Those requirements are discussed
below:
Section 182(a)(1) 1990 Base Year Inventory. The 1990 base year
emission inventory was due on November 15, 1992. It was submitted to
EPA on November 15, 1992, and approved by EPA on June 15, 1994, (59 FR
30702).
Section 182(a)(3)(B) Emission Statements. The emission statements
SIP was due on November 15, 1992. It was submitted to the EPA on
November 15, 1992, and approved by EPA on December 6, 1993 (58 FR
64155).
Section 182(a)(2)(A) RACT Corrections. The WDNR submitted
information regarding RACT corrections on November 15, 1992. The EPA
approved the RACT corrections on August 15, 1994 (59 FR 41709).
Section 182(a)(4) 1.1 to 1.0 Offset. Section 182(a)(4) requires all
major new sources or modifications in a marginal nonattainment area to
achieve offsetting reductions of VOCs at a ratio of at least 1.1 to 1.0
as part of New Source Review (NSR). The Mary Nichols memorandum states
that areas being redesignated need not comply with the requirement that
an NSR program be approved prior to redesignation if the State can
demonstrate maintenance of the standard without the NSR restrictions.
The State has demonstrated that maintenance can be maintained without
NSR offsets in effect. Therefore, this requirement is not applicable.
Upon redesignation to attainment, the sources will become subject to
PSD requirements and offsets will no longer apply. Emissions will
continue to be tracked every 3 years.
Section 182(f) NOX Requirement. Section 182(f) establishes
NOX requirements for ozone nonattainment areas. However, it
provides that these requirements do not apply to an area if the
Administrator determines that NOX reductions would not contribute
to attainment. On July 13, 1994, WDNR submitted, along with the other
Lake Michigan area states (i.e., Illinois, Indiana, and Michigan), a
Section 182(f) NOX petition to be relieved of the Section 182(f)
NOX requirements based on urban airshed modeling. The modeling
demonstrated that NOX reductions would not contribute to
attainment of the NAAQS for ozone in the modeled area, which includes
Walworth County. The EPA approved the petition on January 26, 1996 (61
FR 2428).
C. The Improvement in Air Quality Must Be Due to Permanent and
Enforceable Reductions in Emissions Resulting From the SIP, Federal
Measures and Other Permanent and Enforceable Reductions
The State must be able to reasonably attribute the improvement in
air quality to emission reductions which are permanent and enforceable.
To satisfy this requirement, the State should estimate the percent
reduction from the year that it used to determine the design value for
designation and classification, to the attainment year (Calcagni
Memorandum). These reductions may be achieved from Federal measures and
control measures that have been adopted and implemented by the State.
Emission rates, production capacities and other information should be
used in the estimation. Sources should be assumed to operate at
permitted or historic peak levels unless evidence is presented that
such an assumption is unrealistic.
The WDNR submittal documents reductions in VOC and NOX
emissions from 1988 (the design year) to 1993 (the attainment year).
Those reductions are shown in the tables below.
------------------------------------------------------------------------
Sector 1988 1990 1993
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VOC Emissions (Tons per day):
Point...................... 1.48 1.51 1.55
Area....................... 7.53 7.58 7.63
Mobile..................... 13.87 12.14 9.59
----------------------------------------
Totals................. 22.88 21.23 18.77
========================================
% Change from 1988 (design
year)..................... ........... -7.17 -17.9
------------------------------------------------------------------------
------------------------------------------------------------------------
Sector 1988 1990 1993
------------------------------------------------------------------------
NOX Emissions (Tons per day):
Point...................... 0.53 0.54 0.55
Area....................... 0.77 0.79 0.73
Mobile..................... 12.07 11.89 11.60
----------------------------------------
Totals................. 13.37 13.22 12.88
========================================
% Change from 1988 (design
year)..................... ........... -1.1 -3.7
------------------------------------------------------------------------
The tables show that VOC and NOX emissions decreased 4.1 and
0.49 tons per day, respectively from 1988 to 1993. The 1988 emissions
in the above Tables were back casted from 1990 base year emissions,
according to variables such as population growth, economic growth, and
vehicle miles traveled. Although Walworth County experienced economic
and population growth during the years 1988 to 1993, county-wide VOC
and NOX decreased during that time period. The majority of the
reductions are due to lower highway motor vehicle emissions. These
reductions are directly attributable to the implementation of the
Federal Motor Vehicle Control Program (FMVCP).
[[Page 28544]]
D. The Area Must Have a Fully Approved Maintenance Plan Meeting the
Requirements of Section 175A
Section 175A of the CAA defines requirements for maintenance plans.
The maintenance plan is a SIP revision which provides for maintenance
of the relevant NAAQS in the area for at least 10 years after
redesignation. There are five core provisions which the maintenance
plan should address: the attainment inventory, maintenance
demonstration, monitoring network, verification of continued
attainment, and a contingency plan. The attainment inventory should
identify the level of emissions in the area which is sufficient to
attain the ozone NAAQS and should include the emissions during the time
period associated with the monitoring data showing attainment.
Maintenance is demonstrated by showing that future emissions will not
exceed the level of the attainment inventory. The maintenance plan must
also provide for continued operation of an appropriate air quality
monitoring network to verify attainment status of the area. The plan
must indicate how the State will track the progress of the maintenance
plan. Finally, the maintenance plan must include contingency measures
which would promptly correct any violation of the ozone NAAQS that
occurs after redesignation of the area to attainment.
Attainment Inventory. The Walworth County submittal contained
inventories of 1990 actual VOC and NOX emissions from stationary,
area, and mobile sources. This is the most accurate, comprehensive
emission inventory available for the area. The 1990 emission inventory
was projected to 1993 to provide an emissions inventory representative
of attainment conditions based upon the lack of a monitored ozone
violation for the years 1992-1994.
Maintenance Demonstration. The Walworth County submittal shows
projected VOC and NOX emissions from the 1993 attainment inventory
to 2007. The projections show that the level of emissions established
for the attainment year inventory will not be exceeded over the 10-year
maintenance period. The following tables list the VOC, and NOX
emissions for the base year, interim year and the final year.
------------------------------------------------------------------------
Sector 1993 attain 1996 proj. 2007 proj.
------------------------------------------------------------------------
Summary of VOC Emissions (tons/
day):
Area......................... 7.62 7.37 7.37
Point........................ 1.55 1.60 1.79
Mobile....................... 9.59 9.39 8.00
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Totals................... 18.77 18.36 17.16
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% Change from 1993........... ........... -2.18 -8.58
Summary of NOX Emissions (tons/
day):
Area......................... 0.73 0.73 0.66
Point........................ 0.55 0.57 0.64
Mobile....................... 11.60 11.39 10.19
--------------------------------------
Totals................... 12.88 12.68 11.48
======================================
% Change from 1993........... ........... -1.60 -10.87
------------------------------------------------------------------------
Emission Projections. All emission projections were made from
emissions calculated for WDNR's 1990 base year inventory. The 1990 base
year inventory reflects tons per typical summer day emissions as well
as an 80 percent rule effectiveness assumption. Projections were
generally based on the following equation: Proj. Emissions = 1990
Emissions*Proj. Factor*(1-(Cont. Efficiency)*(RE)*(RP)) where RE = rule
effectiveness (default = 80 percent) and RP = rule penetration.
Projections of stationary source emissions through the year 2007
were developed based primarily on economic growth projection factors.
The annual growth factors were derived from this data and those growth
factors were used to determine future year inventories. The area source
emissions were projected using a variety of growth factors such as
population growth, gasoline market, vehicle miles traveled, farmland,
etc. To project future year mobile VOC emissions, a VMT growth rate of
2.7 percent was used for the period between 1988 and 1999. The VMT
growth rate for 2000 to 2007 drops to 2.2 percent. These estimates were
provided by the Southeastern Wisconsin Regional Planning Commission.
The MOBILE5a model was run to produce emission factors for the years
1988, 1990, 1993, 1996, and 2007.
Monitoring Network. There is currently one monitor measuring ozone
in Walworth County. The WDNR has committed to continue operating and
maintaining its ozone monitor in Walworth County for the 10 year
maintenance period to verify the attainment status of the area.
Contingency Plan. The contingency plan for Walworth County contains
three major components: attainment tracking, contingency measures, and
a mechanism that triggers the implementation of the contingency
measures. In a SIP revision submittal dated April 12, 1996, the State
revised the section of the redesignation request pertaining to the
triggering and implementation of the contingency plan. As discussed
below, the revisions incorporate EPA review and approval, and public
review and comment procedures into the contingency plan methodology.
The WDNR will the track the progress of the maintenance plan for
Walworth County by generating VOC and NOX emissions inventories for
point, area, and mobile sources for the years 1996, 1999, 2002, 2005,
and 2007.
The contingency measures to be considered for implementation are
Stage II vapor recovery and non-CTG RACT measures. Selection of the
contingency measures will take place in the event the ozone NAAQS is
violated and if an EPA approved analysis shows that emission sources
within Walworth County caused the violation. This analysis is being
conducted because the State has maintained that the level of ozone in
Walworth County is due to ozone and ozone precursors being transported
from upwind urbanized areas such as the greater Chicago area. Both the
sudy protocol and the completed analysis will be submitted to EPA for
approval. The completed analysis will be subject to public comment. If
the analysis shows the violation not to be attributable to
[[Page 28545]]
transport from other areas, contingency measures will be implemented
according to the following schedule:
------------------------------------------------------------------------
Activity Completion time
------------------------------------------------------------------------
Violation of the ozone NAAQS:
Verify violation and submit plan to 60 days after violation
analyze violation to EPA for approval. measurement.
Submit completed analysis, public 14 months after violation
notice and comment material to EPA measurement.
for approval.
Implement Stage II vapor recovery..... 24 months after violation.
Non-CTG RACT measures................. 24 months after violation.
------------------------------------------------------------------------
The Walworth County submittal adequately addresses the five basic
components which comprise a maintenance plan (attainment inventory,
maintenance demonstration, monitoring network, verification of
continued attainment, and a contingency plan) and, therefore, satisfies
the maintenance plan requirement in Section 107(d)(3)(E)(iv).
E. The Area Must Have Met All Applicable Requirements Under Section 110
and Part D
Section 110 and Part D requirements were discussed under section II
B, above.
III. Proposed Action
The EPA is proposing to approve WDNR's December 15, 1995, request
for redesignation to attainment for ozone and Section 175A maintenance
plan for Walworth County.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The EPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Ozone SIPs are designed to satisfy the requirements of Part D of
the Act and to provide for attainment and maintenance of the ozone
NAAQS. This proposed redesignation should not be interpreted as
authorizing the State to delete, alter, or rescind any of the VOC or
NOX emission limitations and restrictions contained in the
approved ozone SIP. Changes to ozone SIP VOC 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 on nonimplementation [Section
173(b) of the Clean Air Act] and in a SIP deficiency call made pursuant
to Section 110(a)(2)(H) of the Clean Air Act.
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 Executive Order 12866 review.
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 enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act''), 2 U.S.C. 1532, requires that the EPA prepare a
budgetary impact statement before promulgating a rule that includes a
Federal mandate that may result in expenditure by State, local, and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any 1 year. Section 203, 2 U.S.C. 1533, requires the
EPA to establish a plan for obtaining input from and informing,
educating, and advising any small governments that may be significantly
or uniquely affected by the rule.
Under Section 205 of the Unfunded Mandates Act, 2 U.S.C. 1535, the
EPA must identify and consider a reasonable number of regulatory
alternatives before promulgating a rule for which a budgetary impact
statement must be prepared. The EPA must select from those alternatives
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule, unless the EPA explains why
this alternative is not selected or the selection of this alternative
is inconsistent with law.
Because this proposed rule is estimated to result in the
expenditure by State, local, and tribal governments or the private
sector of less then $100 million in any 1 year, the EPA has not
prepared a budgetary impact statement or specifically addressed the
selection of the least costly, most cost-effective, or least burdensome
alternative. Because small governments will not be significantly or
uniquely affected by this rule, the EPA is not required to develop a
plan with regard to small governments.
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 impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the Clean Air Act, preparation of a regulatory flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Clean Air Act forbids EPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
EPA, 427 U.S. 246, 256-66 (1976).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Motor vehicle pollution, Nitrogen oxides, Ozone, Volatile organic
compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 13, 1996.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-14118 Filed 6-4-96; 8:45 am]
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