[Federal Register Volume 60, Number 110 (Thursday, June 8, 1995)]
[Rules and Regulations]
[Pages 30189-30192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14067]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[UT24-1-7036a; FRL-5218-6]
Determination of Attainment of Ozone Standard for Salt Lake and
Davis Counties, Utah, and Determination Regarding Applicability of
Certain Reasonable Further Progress and Attainment Demonstration
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is determining, through direct final procedure, that
the Salt Lake and Davis Counties ozone nonattainment area has attained
the National Ambient Air Quality Standard (NAAQS) for ozone. This
determination [[Page 30190]] is based upon three years of complete,
quality assured ambient air monitoring data for the years 1992, 1993,
and 1994 that demonstrate that the ozone NAAQS has been attained in
this area. On the basis of this determination, EPA is also determining
that certain reasonable further progress and attainment demonstration
requirements, along with certain other related requirements, of Part D
of Title 1 of the Clean Air Act are not applicable to the area for so
long as the area continues to attain the ozone NAAQS. Also, in the
proposed rules section of this Federal Register, EPA is proposing these
determinations and soliciting public comment on them. If adverse
comments are received on this direct final rule, EPA will withdraw this
final rule and address these comments in a final rule on the related
proposed rule which is being published in the proposed rules section of
this Federal Register.
EFFECTIVE DATES: This action will be effective July 24, 1995 unless
written adverse comments are received by July 10, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: A copy of the air quality data and EPA's analysis are
available for inspection at the following address: United States
Environmental Protection Agency, Region 8, Air Programs Branch, 999
18th Street, Suite 500, Denver, Colorado 80202-2466.
Written comments should be addressed to: Douglas M. Skie, Chief,
Air Programs Branch (8ART-AP), United States Environmental Protection
Agency, Region 8, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466.
FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Programs Branch (8ART-
AP), United States Environmental Protection Agency, Region 8, 999 18th
Street, Suite 500, Denver, Colorado 80202-2466 Phone: (303) 293-1814.
SUPPLEMENTARY INFORMATION:
I. Background
Subpart 2 of Part D of Title I of the Clean Air Act (CAA) contains
various air quality planning and State Implementation Plan (SIP)
submission requirements for ozone nonattainment areas. EPA believes it
is reasonable to interpret provisions regarding reasonable further
progress (RFP) and attainment demonstrations, along with certain other
related provisions, so as not to require SIP submissions if an ozone
nonattainment area subject to those requirements is monitoring
attainment of the ozone standard (i.e., attainment of the NAAQS
demonstrated with three consecutive years of complete, quality assured
air quality monitoring data). As described below, EPA has previously
interpreted the general provisions of subpart 1 of part D of Title I
(sections 171 and 172) so as not to require the submission of SIP
revisions concerning RFP, attainment demonstrations, or contingency
measures. As explained in a memorandum dated May 10, 1995, from John
Seitz, Director, Office of Air Quality and Planning Standards, to the
Regional Air Division Directors, entitled ``Reasonable Further
Progress, Attainment Demonstration, and Related Requirements for Ozone
Nonattainment Areas Meeting the Ozone National Ambient Air Quality
Standard'', EPA believes it is appropriate to interpret the more
specific RFP, attainment demonstration and related provisions of
subpart 2 in the same manner.
First, with respect to RFP, section 171(1) of the CAA states that,
for purposes of part D of Title I, RFP ``means such annual incremental
reductions in emissions of the relevant air pollutant as are required
by this part or may reasonably be required by the Administrator for the
purpose of ensuring attainment of the applicable national ambient air
quality standard by the applicable date.'' Thus, whether dealing with
the general RFP requirement of section 172(c)(2), or the more specific
RFP requirements of subpart 2 for classified ozone nonattainment areas
(such as the 15 percent plan requirement of section 182(b)(1)), the
stated purpose of RFP is to ensure attainment by the applicable
attainment date.\1\ If an area has in fact attained the standard, the
stated purpose of the RFP requirement will have already been fulfilled
and EPA does not believe that the area need submit revisions providing
for the further emission reductions described in the RFP provisions of
section 182(b)(1).
\1\ EPA notes that paragraph (1) of subsection 182(b) is
entitled ``PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS'' and
that subparagraph (B) of paragraph 182(c)(2) is entitled
``REASONABLE FURTHER PROGRESS DEMONSTRATION,'' thereby making it
clear that both the 15 percent plan requirement of section 182(b)(1)
and the 3 percent per year requirement of section 182(c)(2) are
specific varieties of RFP requirements.
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EPA notes that it took this view with respect to the general RFP
requirement of section 172(c)(2) in the General Preamble for the
Interpretation of Title I of the Clean Air Act Amendments of 1990 (57
FR 13498 dated April 16, 1992), and it is now extending that
interpretation to the specific provisions of subpart 2. In the General
Preamble, EPA stated, in the context of a discussion of the
requirements applicable to the evaluation of requests to redesignate
nonattainment areas to attainment, that the ``requirements for RFP will
not apply in evaluating a request for redesignation to attainment
since, at a minimum, the air quality data for the area must show that
the area has already attained. Showing that the State will make RFP
towards attainment will, therefore, have no meaning at that point.''
(57 FR at 13564.) \2\
\2\ See also ``Procedures for Processing Requests to Redesignate
Areas to Attainment,'' from John Calcagni, Director, Air Quality
Management Division, to Regional Air Division Directors, September
4, 1992, at page 6 (stating that the ``requirements for reasonable
further progress . . . will not apply for redesignations because
they only have meaning for areas not attaining the standard'').
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Second, with respect to the attainment demonstration requirements
of section 182(b)(1), an analogous rationale leads to the same result.
Section 182(b)(1) requires that the plan provide for ``such specific
annual reductions in emissions . . . as necessary to attain the
national primary ambient air quality standard by the attainment date
applicable under this Act.'' As with the RFP requirements, if an area
has in fact monitored attainment of the standard, EPA believes there is
no need for an area to make a further submission containing additional
measures to achieve attainment. This is also consistent with the
interpretation of certain section 172(c) requirements provided by EPA
in the General Preamble to Title I, as EPA stated there that no other
measures to provide for attainment would be needed by areas seeking
redesignation to attainment since ``attainment will have been
reached.'' (57 FR at 13564; see also the September 4, 1992, John
Calcagni memorandum entitled ``Procedures for Processing Requests to
Redesignate Areas to Attainment'' at page 6.) Upon attainment of the
NAAQS, the focus of state planning efforts shifts to the maintenance of
the NAAQS and the development of a maintenance plan under section 175A.
Similar reasoning applies to other related provisions of subpart 2.
The first of these are the contingency measure requirements of section
172(c)(9). EPA has previously interpreted the contingency measure
requirement of section 172(c)(9) as no longer being applicable once an
area has attained the standard since those ``contingency measures are
directed at ensuring RFP and attainment by the applicable date.'' (57
FR at 13564; see also the September 4, 1992, John Calcagni memorandum
entitled ``Procedures for Processing Requests to Redesignate Areas to
Attainment'' at page 6.) [[Page 30191]]
EPA emphasizes that the lack of a requirement to submit the SIP
revisions discussed above exists only for as long as an area designated
nonattainment continues to attain the standard. If EPA subsequently
determines that such an area has violated the NAAQS, the basis for the
determination that the area need not make the pertinent SIP revisions
would no longer exist. The EPA would notify the State of that
determination and would also provide notice to the public in the
Federal Register. Such a determination would mean that the area would
have to address the pertinent SIP requirements within a reasonable
amount of time, which EPA would establish taking into account the
individual circumstances surrounding the particular SIP submissions at
issue. Thus, a determination that an area need not submit one of the
SIP submittals amounts to no more than a suspension of the requirement
for so long as the area continues to attain the standard.
The State must continue to operate an appropriate air quality
monitoring network, in accordance with 40 CFR Part 58, to verify the
attainment status of the area. The air quality data relied upon to
determine that the area is attaining the ozone standard must be
consistent with 40 CFR Part 58 requirements and other relevant EPA
guidance and recorded in EPA's Aerometric Information Retrieval System
(AIRS).
The determinations that are being made with this Federal Register
notice are not equivalent to the redesignation of the area to
attainment. Attainment of the ozone NAAQS is only one of the criteria
set forth in section 107(d)(3)(E) that must be satisfied for an area to
be redesignated to attainment. To be redesignated, the state must
submit and receive full EPA approval of a redesignation request.
Furthermore, the determinations made in this notice do not shield
an area from future State or EPA action to require emissions reductions
from sources in the area where there is evidence, such as photochemical
grid modeling, showing that emissions from sources in the area
contribute significantly to nonattainment in, or interfere with
maintenance by, other nonattainment areas. EPA has authority under
sections 110(a)(2)(A) and 110(a)(2)(D) to require such emission
reductions if necessary and appropriate to deal with transport
situations.
II. Analysis of Air Quality Data
The EPA has reviewed the ambient air monitoring data for ozone
(consistent with the requirements contained in 40 CFR Part 58 and
recorded in AIRS) for the Salt Lake and Davis Counties ozone
nonattainment area in the State of Utah for 1992, 1993, and 1994. On
the basis of that review EPA has concluded that the area has attained
the ozone standard. Thus, this area is no longer recording violations
of the air quality standard for ozone. A summary table of the relevant
air quality data is provided below. A more detailed description of the
ozone monitoring data for the area is provided in the EPA technical
support document for this action.
The values in the table below present the maximum recorded ozone
measurements expressed, for each year, in parts per million (ppm).
------------------------------------------------------------------------
Monitor name AIRS ID No. 1992 1993 1994
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Bountiful (Davis County) 49-011-0001 1 0.103 0.104 0.117
Salt Lake County........ 49-035-0003 1 0.104 0.111 \1\ 0.12
4
Salt Lake City.......... 49-035-3001 2 0.094 0.100 0.115
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\1\ EPA's ozone monitoring guideline provides that a measured exceedence
of the ozone standard does not occur until a measured value of 0.125
ppm is recorded. Refer to EPA's ``Guideline for the Interpretation of
Ozone Air Quality Standards'', EPA-450/4-79-003, OAQPS No. 1.2-108,
dated January, 1979.
FINAL ACTION: EPA has determined that the Salt Lake and Davis Counties
ozone nonattainment area has attained the ozone standard for 1992,
1993, and 1994. As a consequence of EPA's determination that the Salt
Lake and Davis Counties area has attained the ozone standard, the
requirements of section 182(b)(1) concerning the submission of the 15
percent plan and ozone attainment demonstration and the requirements of
section 172(c)(9) concerning contingency measures are not applicable to
the area so long as the area does not violate the ozone standard.
Specific to the Salt Lake and Davis Counties' ozone nonattainment
area, Governor Michael Leavitt submitted a Redesignation Request and
Maintenance Plan on November 12, 1993. On January 13, 1995, the
Governor submitted revisions to that initial submittal that included
revised emission inventories.
Because the State submitted an Ozone Redesignation Request and
Maintenance Plan SIP revision for Salt Lake and Davis Counties, in lieu
of a 15 percent SIP revision, Salt Lake and Davis Counties have been
subject to the motor vehicle emissions budget in the Ozone
Redesignation Request and Maintenance Plan SIP revision for
transportation conformity purposes (see 40 CFR 93.128(i)).
Pursuant to EPA's new May 10, 1995, policy, the State may continue
to demonstrate conformity to this submitted motor vehicle emissions
budget, or the State may choose to withdraw the applicability of the
motor vehicle emissions budget in the Ozone Redesignation Request and
Maintenance Plan SIP revision for transportation conformity purposes,
through the submittal of a letter from the Governor. If the
applicability of the submitted motor vehicle emissions budget is
withdrawn for transportation conformity purposes, only the build/no-
build and less-than-1990 tests will apply until the Ozone Redesignation
Request and Maintenance Plan are approved. If the applicability of the
submitted motor vehicle emissions budget is not withdrawn for
transportation conformity purposes, it will continue to apply.
EPA emphasizes that the above determinations are contingent upon
the continued monitoring and continued attainment and maintenance of
the ozone NAAQS in the affected area. If a violation of the ozone NAAQS
is monitored in the Salt Lake and Davis Counties area (consistent with
the requirements contained in 40 CFR Part 58 and recorded in AIRS), EPA
will provide notice to the public in the Federal Register. Such a
violation would mean that the area would thereafter have to address the
requirements of section 182(b)(1) and section 172(c)(9) since the basis
for the determination that they do not apply would no longer exist.
As a consequence of the determinations that the area has attained
and that the reasonable further progress and attainment demonstration
requirements of section 182(b)(1), and the contingency measures
requirement of section 172(c)(9), do not presently apply, the sanctions
clock started by EPA on January 19, 1994, for the failure to submit a
section 182(b)(1) 15 percent plan and attainment demonstration, and
[[Page 30192]] section 172(c)(9) contingency measures, is hereby
stopped as the deficiencies for which the clock was started no longer
exist.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a 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.
This action will become effective on July 24, 1995. However, if the
EPA receives adverse comments by July 10, 1995, then the EPA will
publish a notice that withdraws the action, and will address those
comments in the final rule on this action which has been proposed for
approval in the proposed rules section of this Federal Register.
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget 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. Today's determination does not create any new requirements, but
allows suspension of the indicated requirements. Therefore, because the
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected.
Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,
EPA must undertake various actions in association with proposed or
final rules that include a Federal mandate that may result in estimated
costs of $100 million or more to the private sector, or to State,
local, or tribal governments in the aggregate.
EPA's final action does not impose any federal intergovernmental
mandate, as defined in section 101 of the Unfunded Mandates Act, upon
the State. No additional costs to State, local, or tribal governments,
or to the private sector, result from this action, which suspends the
indicated requirements. Thus, EPA has determined that this final action
does not include a 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.
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 August 7, 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)).
Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen oxides,
Ozone, Volatile organic compounds, Intergovernmental relations,
Reporting and record keeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 31, 1995.
William P. Yellowtail,
Regional Administrator.
40 CFR part 52, Subpart TT, 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 TT--Utah
2. Section 52.2332 is added to read as follows:
Sec. 52.2332 Control strategy: Ozone.
Determination--EPA is determining that, as of May 17, 1995, the
Salt Lake and Davis Counties ozone nonattainment area has attained the
ozone standard based on air quality monitoring data from 1992, 1993,
and 1994, and that the reasonable further progress and attainment
demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act do not apply to
the area for so long as the area does not monitor any violations of the
ozone standard. If a violation of the ozone NAAQS is monitored in the
Salt Lake and Davis Counties ozone nonattainment area, these
determinations shall no longer apply.
[FR Doc. 95-14067 Filed 6-7-95; 8:45 am]
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