[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Proposed Rules]
[Pages 31394-31398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14853]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[WA 13-6-6121; WA 55-7130; and WA 57-7132; FRL-5837-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA invites public comment on its proposed approval of parts
of three revisions to the State of Washington Implementation Plan
(SIP). These revisions were submitted by the Washington Department of
Ecology (Washington) to address the attainment of the National Ambient
Air Quality Standard (NAAQS) for carbon monoxide (CO) in the Spokane,
Washington urbanized area.
DATES: Comments must be received in writing and postmarked on or before
July 9, 1997.
ADDRESSES: Written comments should be addressed to Montel Livingston,
SIP Manager, Office of Air Quality, M/S OAQ-107, EPA Region 10, Docket
#s WA 13-6-6121; WA 57-7132; and WA 55-7130, 1200 Sixth Avenue,
Seattle, Washington 98101. Copies of Washington's submittals are
available for public review during normal business hours at the
following locations: EPA, Region 10, Office of Air Quality, M/S OAQ-
107, 1200 Sixth Avenue, Seattle, Washington 98101; Washington
Department of Ecology, Attention: Tami Dahlgren, Olympia, Washington
98504-7600, telephone (360) 407-6830; and the Spokane County Air
Pollution Control Authority, West 1101 College, Suite 403, Spokane,
Washington 99201, telephone (509) 456-4727.
FOR FURTHER INFORMATION CONTACT: William M. Hedgebeth of the EPA Region
10 Office of Air Quality at (206) 553-7369.
SUPPLEMENTARY INFORMATION:
I. Background
On January 22, 1993, Washington submitted a SIP revision (Docket #
WA 13-6-6121) consisting of a plan for the attainment and subsequent
maintenance of the CO NAAQS for the Spokane area. This included a
demonstration of attainment of the CO NAAQS and provisions for
forecasting and tracking vehicle miles traveled (VMT) in the Spokane
area, with contingency measures to be implemented if any estimate of
actual VMT in the nonattainment area, or any updated forecast of VMT
contained in an annual report for any year prior to attainment, exceeds
the number predicted in the most recent VMT forecast. Also included
were provisions which have been superseded by subsequent SIP revisions:
Reasonably Available Control Measures for residential wood combustion;
Reasonably Available Control Technology for point sources; New Source
Review; Vehicle Emission Inspection and Maintenance Program; oxygenated
fuels; and transportation conformity. On September 14, 1993, Washington
submitted a revision to the January 22, 1993, SIP submittal consisting
of the 1990 base year emissions inventory and the 1995 projected year
emissions inventory. Washington also submitted, on September 29, 1995,
a 1993 updated (periodic) emissions inventory for the Spokane area, to
meet the requirement of section 187(a)(5) of the CAA for periodic
inventories.
On April 30, 1996, Washington submitted a SIP revision (Docket # WA
57-7132) consisting of revisions to the previously submitted vehicle
emission estimates portion of the 1990 base year emissions inventory
and of the 1995 projected year inventory; the emissions budget; VMT
estimates and forecasts; and the attainment demonstration. This
revision also added a contingency measure (3.5% oxygenated fuel) for
failure to attain the NAAQS.
On April 30, 1996, Washington also submitted a SIP revision (Docket
# WA 55-7130) consisting of the removal of two transportation control
measures (TCMs) which had previously been approved by EPA on March 22,
1982, as part of the 1982 Spokane CO SIP.
The implementation plan revisions were submitted by Washington to
satisfy certain federal requirements for an approvable nonattainment
area CO SIP for the Spokane nonattainment area in the State of
Washington. EPA is proposing to approve parts of the submitted
revisions and deferring action on several other parts of those
revisions. Other parts are not being addressed in this action because
they have been superseded by subsequent revisions and were or will be
addressed in separate actions. The rationales for the approvals and
deferrals of action are set forth in this notice. Additional
information is available at the address indicated above.
II. Review of State Submittal
A. Emissions Inventories (Base Year and Periodic)
Under section 187(a)(1) of the CAA, for moderate CO nonattainment
areas, states are required to submit a base year CO inventory that
represents actual emissions in the CO season by November 15, 1992.
Section 172(c)(3) of the CAA requires that nonattainment plan
provisions include a comprehensive, accurate, and current inventory of
actual emissions from all sources of relevant pollutants in the
nonattainment area. The base year for the inventory is 1990. Stationary
point, stationary area, on-road mobile, and non-road mobile sources of
CO are included in the inventory. This inventory addresses actual CO
emissions for the area during the peak CO season, which reflects the
months when peak CO air quality concentrations occur. In Spokane, the
peak CO season is October through December. All required sources were
included in the inventory. Stationary sources with emissions of 50 tons
or greater per year were included in the point source category.
Stationary sources with emissions less than 50 tons per year were
included in the area source category. The following list presents a
summary of the 1990 CO peak season daily emissions estimates in tons
per winter day by source category: Point Sources: 76.98 tons per day;
Area Sources: 58.69 tons per day; Mobile On-Road Sources: 271.54 tons
per day; Mobile Non-Road Sources: 16.18 tons per day; Total Sources:
423.39 tons per day. Available guidance for preparing emission
inventories is provided in the General Preamble (57 FR 13498, April 16,
1992).
Washington also submitted a 1995 Projected Year Emission Inventory.
This inventory incorporates growth factors for population, households,
and employments. For one of the point sources, the 1995 inventory used
the 1990 emission figure, although a decrease in emissions had been
estimated for 1995. For another of the point sources, emissions from
1991 were used, adjusted to 1995 using Bureau of Economic Analysis
industry growth rates. For residential wood combustion, a household
growth factor
[[Page 31395]]
was applied to the 1990 emissions. The primary change in estimating on-
road vehicle emissions for 1995 the use of EPA's newest MOBILE
emissions model, which estimated significantly increased CO emissions.
In addition, there was an adjustment for a change in the inspection and
maintenance area, which now includes the entire nonattainment area. The
following list presents a summary of the 1995 CO peak season daily
emissions estimates in tons per winter day by source category: Point
Sources: 77.41 tons per day; Area Sources: 60.83 tons per day; Mobile
On-Road Sources: 169.34 tons per day; Mobile Non-Road Sources: 17.87
tons per day; Total Sources: 325.45 tons per day.
Section 187(a)(5) of the CAA requires that states submit, for
moderate CO nonattainment areas, periodic inventories that represent
actual emissions; the first periodic inventory was due no later than
September 30, 1995, with subsequent periodic inventories submitted
every three years thereafter until the area is redesignated to
attainment. The first periodic inventory (1993) was submitted by
Washington on September 29, 1995.
The following chart compares CO season daily emissions for 1990 and
1995:
Daily Emissions
(Pounds Per Day)
------------------------------------------------------------------------
Category Base Year 1990 1995
------------------------------------------------------------------------
Point Sources........................... 153,954 (18%) 154,824 (24%)
Area Sources............................ 117,376 (14%) 121,651 (19%)
On-road Mobile Sources.................. 543,087 (64%) 338,680 (52%)
Non-road Mobile Sources................. 32,371 (4%) 35,749 (5%)
-------------------------------
Total............................... 846,788 650,904
------------------------------------------------------------------------
EPA is proposing to approve the 1990 Base Year emissions inventory
as meeting the requirements of section 187(a)(1) of the CAA. EPA is
also proposing to approve the 1993 periodic emissions inventory as
meeting the requirements of section 187(a)(5) of the CAA. Washington
has provided acceptable documentation of quality assurance and has
clearly identified the methodologies used in determining the emissions
for each source category. References from which emissions and growth
factors were derived were clearly identified. A more complete analysis
supporting EPA's approval of the 1990 and 1993 emissions inventories is
included in the Technical Support Document.
B. VMT/VMT Contingency Measures
Section 187(a)(2)(A) of the CAA required EPA, in consultation with
the U.S. Department of Transportation (DOT), to develop guidance for
states to use in complying with the VMT forecasting and tracking
provisions of section 187. A Notice of Availability for the resulting
Section 187 VMT Forecasting and Tracking Guidance was published in the
Federal Register on March 19, 1992 (57 FR 9549).
The section 187 guidance identifies the Federal Highway
Administration's Highway Performance Monitoring System (HPMS) as the
foundation for VMT estimates and forecasts. HPMS was chosen as the best
method for estimating actual VMT since it is a count-based,
statistically-based, nationwide program with auditing procedures in
place, and because travel demand models would require resource
intensive annual updates of input data and annual validation against
traffic counts in order to be useful for estimating annual VMT. EPA
believes that these time and resource requirements generally make
travel demand models an unrealistic option for estimating actual annual
VMT with reasonable accuracy.
To develop growth factors for forecasting VMT, the section 187
guidance offers as one alternative the use of network-based travel
demand models. If these models are properly updated and validated, and
if they use an equilibrium approach to allocating trips, they are
considered to be the best predictor of growth factors for VMT
forecasts. Moderate areas without a network model that is validated
according to the specifications described in the Section 187 Guidance
are offered the alternative of developing growth factors based on a
linear regression extrapolation of the past six years' HPMS VMT. In
both cases, the growth factors are applied to the HPMS VMT reported to
the Federal Highway Administration.
As specified in the Act, the contingency measure triggers serve to
address as early as possible any situation in which a trend towards
higher then expected VMT has been detected, since such a trend may
affect the forecasted attainment date.
When determining whether annual VMT or a VMT forecast has exceeded
the most recent prior forecast and, therefore, whether contingency
measures should be implemented, EPA believes that it is appropriate to
take into account the statistical variability in the estimates of VMT
generated through HPMS. Consequently, EPA has identified a margin of
error to be applied when making VMT comparisons. With the expectation
that HPMS sampling procedures will improve over the next few years in
response to recent Federal Highway Administration guidance, the margin
of error starts at 5.0 percent for VMT comparisons made in 1994,
becomes 4.0 percent for VMT comparisons made in 1995, and is reduced to
3.0 percent for VMT comparisons made in 1996 and thereafter. However,
since each revised VMT forecast becomes the VMT baseline for triggering
contingency measures, the application of a margin of error every year
could allow the forecasts to increase without bound, without ever
triggering contingencies. To prevent this occurrence, EPA believes it
is appropriate to allow the application of the margin of error only as
long as, cumulatively, neither an estimate of actual VMT nor a VMT
forecast ever exceeds by more than 5.0 percent the VMT forecast relied
upon in the area's attainment demonstration.
In practice, then, there are two ways in which an estimate of
actual VMT or an updated forecast can be found to exceed a prior
forecast. Individual yearly comparisons can result in an exceedance of
the forecast made 12 months earlier by more than the prescribed
percentage for that year, and exceedances can accumulate so that,
cumulatively, they exceed the 5.0
[[Page 31396]]
percent cap above the attainment demonstration forecast.
EPA interprets the requirement for contingency measures to ``take
effect without further action by the State or the Administrator'' to
mean that no further rulemaking activities by the State or EPA would be
needed to implement the measures. The General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,
published in the Federal Register on April 16, 1992, offers guidance on
the type and size of contingencies to be included in the SIP revision.
This guidance is advisory in nature and is non-binding. (See 57 FR
13532-13533, April 16, 1992.)
The State of Washington has submitted a SIP revision to EPA in
order to satisfy the requirements of sections 187(a)(2)(A) and
187(a)(3). Washington's submittal provides for each of the following
mandatory elements: (1) A forecast of VMT in the nonattainment area for
each year prior to the attainment year; (2) a provision for annual
updates of the forecasts along with a provision for annual reports
describing the extent to which the forecasts proved to be accurate;
these reports shall provide estimates of actual VMT in each year for
which a forecast was required; and (3) adopted and enforceable
contingency measures to be implemented without further action by the
State or the Administrator if actual annual VMT or an updated forecast
exceeds the most recent prior forecast or if the area fails to attain
the CO NAAQS by the attainment date.
The following items are the basis for approval of the portions of
the SIP revisions addressing VMT:
1. VMT Forecasts
In Spokane, the Federal Aid Urban Area is identical to the CO
nonattainment area and is the VMT forecast area. The Spokane Regional
Council (SRC) developed daily VMT forecasts for the area using a
network-based travel demand modeling process methodology. Washington
has met the requirements of sections 187(a)(2)(A) by submitting a SIP
revision that implements all required elements.
Below is a table showing the forecasted VMT for Spokane:
Annual VMT Forecasts for Spokane
------------------------------------------------------------------------
Spokane Co.
nonattainment
VMT forecast year area (miles
traveled)
------------------------------------------------------------------------
1990 Actual........................................... 2,085,203,390
1993.................................................. 2,286,713,685
1994.................................................. 2,317,581,370
1995.................................................. 2,376,606,980
------------------------------------------------------------------------
2. Annual VMT Updates/Reports
Section 187(a)(2)(A) specifies that the SIP revision provide for
annual updates of the VMT forecasts and annual reports that describe
the accuracy of the forecasts and that provide estimates of actual VMT
in each year for which a forecast was required. The Section 187 VMT
Forecasting and Tracking Guidance specifies that annual reports should
be submitted to EPA by September 30 of the year following the year for
which the VMT estimate is made.
Washington has submitted a SIP revision to EPA which satisfies the
requirements of section 187(a)(2)(A) in that it provides for the
submittal of annual updates of the VMT forecasts along with a provision
for annual reports describing the extent to which the forecasts proved
to be accurate.
3. VMT Contingency Measures
Section 187(a)(3) specifies that Washington, in its SIP revision,
adopt specific, enforceable contingency measures to be implemented if
the annual estimate of actual VMT or a subsequent VMT forecast exceeds
the most recent prior forecast of VMT or if the area fails to attain
the CO NAAQS by the attainment date. Implementation of the identified
contingency measures must not require further rulemaking activities by
Washington or EPA. Washington meets this requirement by submitting two
contingency measures. Those measures used by Washington to satisfy the
VMT contingency measure requirement are: (1) Commute Trip Reduction
programs, as put forth in SSHB 1671, Washington State's Transportation
Demand Management Act; and (2) A campaign for voluntary reductions in
vehicle operation during periods of poor air quality.
At this time, EPA is proposing to approve the SIP revision
submitted by Washington for the purpose of forecasting and tracking VMT
in the Spokane area. This approval would include the revisions to the
VMT estimates and forecasts provided in the April 30, 1996, SIP
submittal, and would also include the VMT contingency measures.
C. Contingency Measures (3.5 Percent Oxygenated Fuel)
States containing CO nonattainment areas with design values of
greater than 12.7 ppm were required to submit, among other things,
contingency measures to satisfy the provisions under section 172(c)(9).
These provisions require contingency measures to be implemented in the
event that an area fails to reach attainment by the applicable
attainment date, December 31, 1995. Contingency measures were to be
submitted to EPA by November 31, 1992, pursuant to section 172(b) of
the CAA.
Contingency measures must be implemented within 12 months after the
finding of failure to attain the CO NAAQS. Once triggered, they must
take effect without further action by the state or EPA. Therefore, all
contingency measures must be adopted and enforceable prior to submittal
to EPA.
The Clean Air Act Amendments of 1990 (CAAA) do not specify how many
contingency measures are needed or the magnitude of emission reductions
they must provide if an area fails to attain the CO NAAQS. Because
section 186(b)(2) requires EPA to reclassify a moderate CO
nonattainment area as a serious nonattainment area if the area does not
attain the NAAQS for CO by December 31, 1995, EPA believes that one
appropriate choice of contingency measures would be to provide for the
implementation of sufficient VMT reductions or emissions reductions to
counteract the effect of one year's growth in VMT while the state
revises its SIP to incorporate all of the new requirements of a serious
CO area.
The State of Washington has submitted a SIP revision to EPA in
order to satisfy the requirements of section 172(c)(9) of the CAA. The
contingency measure consists of revising the oxygenate requirement for
the Spokane area to 3.5 percent oxygen for future control periods in
the case of failure to attain or maintain NAAQS for CO. The control
period is defined as September 1 through the last day of February.
Because it has not been determined that the Spokane CO
nonattainment area attained the CO NAAQS by December 31, 1995, the
Spokane County Air Pollution Control Authority (SCAPCA) implemented the
3.5 percent oxygen contingency measure for the 1996-1997 winter control
period, commencing on September 1, 1996. It is important to note that
EPA has proposed to determine that the Spokane CO nonattainment area
did not attain the CO NAAQS by December 31, 1995, as required, and to
reclassify the Spokane
[[Page 31397]]
CO nonattainment area as a ``serious'' nonattainment area. See 61 FR
33879, July 1, 1996.
At this time, EPA is proposing to approve the contingency measure
as satisfying the requirements of section 172(c)(9), and as consistent
with EPA guidance.
D. Transportation Control Measures (TCM) Deletions
EPA approved two TCMs as part of a SIP revision on March 22, 1982.
One of the TCMs consisted of widening Rowan Avenue in Spokane to 44
feet from Alberta to Wall Streets, a total distance of 1.27 miles; the
TCM also included the installation of traffic lights along Rowan
Avenue. The second TCM consisted of constructing North River Drive in
Spokane from Maple to Hamilton, a distance of 1.91 miles.
EPA, in its November 24, 1993, Final Rule on Transportation
Conformity, stated that ``if obstacles to TCM implementation are not
being overcome because it is impossible to do so, if State and local
agencies are not giving maximum priority to TCMs which are behind
schedule, or if the original sponsor or the cooperative planning
process decides not to implement the TCM or decides to replace it with
another TCM, a SIP revision which removes the TCM will be necessary
before plans and TIPS may be found in conformity. In order to be
approved by EPA, such a SIP revision must include substitute measures
that achieve emissions reductions sufficient to meet all applicable
requirements of the Clean Air Act, including section 110(l).'' See 58
FR 62198, November 24, 1993.
Washington has submitted documentation that a Spokane Regional
Transportation Council analysis showed that, at the present time, the
Rowan Avenue TCM would have, at best, neutral air-quality impacts and
that the North River Drive TCM would have definite negative impacts. In
addition, neither TCM will be used to demonstrate attainment.
Therefore, no substitute measures are required.
At this time, EPA is proposing to approve the deletion of the two
transportation control measures discussed herein.
E. Attainment Demonstration
The air quality planning requirements for moderate CO nonattainment
areas set out in sections 186 and 187 of the CAAA include, for moderate
areas with a design value greater than 12.7 ppm at the time of
classification, a requirement for states to submit a SIP revision to
provide for attainment of the CO NAAQS by the applicable attainment
date and which includes a demonstration that the plan as revised will
provide for such attainment. Washington submitted an Attainment
Demonstration as part of its January 22, 1993, SIP revision, and
revised the Attainment Demonstration in a submittal dated April 30,
1996. EPA proposed, on July 1, 1996 (61 FR 33879), to find that the
Spokane, Washington, CO nonattainment area did not attain the CO NAAQS
by the CAA mandated attainment date for moderate nonattainment areas,
December 31, 1995, to reclassify the Spokane CO nonattainment area as a
serious nonattainment area. EPA has not made a final determination as
to this reclassification and is deferring action on approval of the
attainment demonstration pending this decision.
F. Emissions Budget
For federal transportation conformity purposes, Washington
submitted, as part of its April 30, 1996, SIP revision, an emission
budget, the projected mobile source inventory (1995) used in the
attainment demonstration. Because attainment has not been demonstrated
(see discussion in (E) above), EPA is deferring action on the emission
budget.
G. Reasonably Available Control Measures (RACM)/Reasonably Available
Control Technology (RACT)
The January 22, 1993, SIP revision relating to RACM in Spokane was
superseded by a revision submitted on December 9, 1994. This revision
was approved by EPA on January 27, 1997. See 62 FR 3800. Satisfaction
of the RACT requirements was acknowledged by EPA in 62 FR 3800, as well
as having been approved earlier in the redesignation to attainment of
the Puget Sound and Vancouver CO nonattainment areas. See 61 FR 53323,
October 11, 1996, and 61 FR 54560. October 21, 1996.
H. New Source Review
The January 22, 1993, SIP revision relating to New Source Review
was superseded by a revision submitted on March 8, 1994. This revision
was approved by EPA on June 2, 1995. See 60 FR 28726.
I. Vehicle Emission Inspection and Maintenance Program
The January 22, 1993, SIP revision relating to the Vehicle Emission
Inspection and Maintenance Program was superseded by a revision
submitted on August 21, 1995. This revision was approved by EPA on
September 25, 1996. See 61 FR 50235.
J. Oxygenated Fuels
The January 22, 1993, SIP revision relating to oxygenated fuels was
approved by EPA on January 20, 1994. See 59 FR 2994.
K. Transportation Conformity
The January 22, 1993, SIP revision relating to transportation
conformity was superseded by a revision submitted on May 10, 1994,
which was further revised by a submittal dated November 30, 1995. EPA
will act on this submittal separately from this action.
III. This Action
EPA is soliciting comments on its proposed approval of portions of
the aforementioned revisions to the State of Washington Implementation
Plan. Interested parties are invited to comment on all aspects of this
proposed approval. Comments should be submitted to the address listed
in the front of this Notice. Comments postmarked on or before July 9,
1997 will be considered in the final rulemaking action taken by EPA.
IV. Administrative Review
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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.
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, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the
[[Page 31398]]
nature of the federal-state relationship under the CAA, preparation of
a flexibility analysis would constitute federal inquiry into the
economic reasonableness of state action. The CAA forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. 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 informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed for
promulgation does not include a federal mandate that may result in
estimated costs of $100 million or more to either state, local, or
tribal governments in the aggregate, or to the private sector. This
federal action proposes to approve pre-existing requirements under
state or local law, and does not propose to impose new federal
requirements. Accordingly, no additional costs to state, local, or
tribal governments, or to the private sector, would result from this
action, if approved.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a major rule as defined by 5 U.S.C.
804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 8, 1997. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Ozone.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 27, 1997.
Chuck Clarke,
Regional Administrator.
[FR Doc. 97-14853 Filed 6-6-97; 8:45 am]
BILLING CODE 6560-50-P
