[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Rules and Regulations]
[Pages 51604-51606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26187]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[NV029-0003A; FRL-5900-1]


Clean Air Act Reclassification; Nevada-Clark County Nonattainment 
Area; Carbon Monoxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this document EPA is making a final finding that the Clark 
County, Nevada carbon monoxide (CO) nonattainment area has not attained 
the CO national ambient air quality standard (NAAQS) under the Clean 
Air Act (CAA) after having received a one year extension from the 
mandated attainment date of December 31, 1995 for moderate 
nonattainment areas to December 31, 1996. This finding is based on 
EPA's review of monitored air quality data for compliance with the CO 
NAAQS. As a result of this finding, the Clark County, Nevada 
nonattainment area is reclassified as a serious CO nonattainment area 
by operation of law. The intended effect of the reclassification is to 
allow the State 18 months from the effective date of this action to 
submit a new State Implementation Plan (SIP) demonstrating attainment 
of the CO NAAQS as expeditiously as practical but no later than 
December 31, 2000, the CAA attainment date for serious areas.

EFFECTIVE DATE: This action is effective on November 3, 1997.

FOR FURTHER INFORMATION CONTACT: Larry Biland, AIR-2, Air Division, 
U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, 
San Francisco, California 94105, (415) 744-1227.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Requirements and EPA Actions Concerning Designation and 
Classifications

    The Clean Air Act Amendments of 1990 (CAA) were enacted on November 
15, 1990. Under section 107(d)(1)(C) of the CAA, each carbon monoxide 
(CO)

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area designated nonattainment prior to enactment of the 1990 
Amendments, such as the Clark County area, was designated nonattainment 
by operation of law upon enactment of the 1990 Amendments. Under 
section 186(a) of the Act, each CO area designated nonattainment under 
section 107(d) was also classified by operation of law as either 
``moderate'' or ``serious'' depending on the severity of the area's air 
quality problem. CO areas with design values between 9.1 and 16.4 parts 
per million (ppm), such as the Clark County area, were classified as 
moderate. These nonattainment designations and classifications were 
codified in 40 CFR part 81. See 56 FR 56694 (November 6, 1991).
    States containing areas that were classified as moderate 
nonattainment by operation of law under section 107(d) were required to 
submit State implementation plans (SIPs) designed to attain the CO 
national ambient air quality standard (NAAQS) as expeditiously as 
practicable but no later than December 31, 1995.<SUP>1</SUP>
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    \1\ The moderate area SIP requirements are set forth in section 
187(a) of the Act and differ depending on whether the area's design 
value is below or above 12.7 ppm. The Clark County area has a design 
value below 12.7 ppm. 40 CFR 81.303.
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B. Attainment Date Extensions

    If a state does not have the two consecutive years of clean data 
necessary to show attainment of the NAAQS, it may apply, under section 
186(a)(4) of the CAA, for a one year attainment date extension. EPA 
may, in its discretion, grant such an extension if: (1) The state has 
complied with the requirements and commitments pertaining to the 
applicable implementation plan for the area; and (2) the area has 
measured no more than one exceedance of the CO NAAQS at any monitoring 
site in the nonattainment area in the year preceding the extension 
year. Under section 186(a)(4), EPA may grant up to two such extensions 
if these conditions have been met. EPA has granted Clark County one 
extension to December 31, 1996. (61 FR 575407, Wednesday, Nov. 6, 
1996).

C. Effect of Reclassification

    CO nonattainment areas reclassified as serious are required to 
submit, within 18 months of the area's reclassification, SIP revisions 
providing for attainment of the CO NAAQS as expeditiously as 
practicable but no later than December 31, 2000. In addition, the State 
must submit a SIP revision that includes: (1) A forecast of vehicle 
miles traveled (VMT) for each year before the attainment year and 
provisions for annual updates of these forecasts; (2) adopted 
contingency measures; and (3) adopted transportation control measures 
and strategies to offset any growth in CO emissions from growth in VMT 
or number of vehicle trips. See CAA sections 187(a)(7), 187(a)(2)(A), 
187(a)(3), 187(b)(2), and 187(b)(1). Finally, upon the effective date 
of this reclassification, contingency measures in the moderate area 
plan for the Clark County, Nevada nonattainment area must be 
implemented.

D. Proposed Finding of Failure to Attain

    On June 26, 1997 EPA proposed to find that the Clark County, Nevada 
carbon monoxide (CO) nonattainment area had failed to attain the CO 
NAAQS by the applicable attainment date. 62 FR 34419. This proposed 
finding was based on CO monitoring data collected at the East 
Charleston monitoring site during the years 1995 and 1996. These data 
demonstrate violations of the CO NAAQS in 1996. For the specific data 
considered by EPA in making this proposed finding, see 62 FR 34419.

E. Reclassification to a Serious Nonattainment Area

    EPA has the responsibility, pursuant to sections 179(c) and 
186(b)(2) of the CAA, of determining, within six months of the 
applicable attainment date, whether the Clark County area has attained 
the CO NAAQS. Under section 186(b)(2)(A), if EPA finds that the area 
has not attained the CO NAAQS, it is reclassified as serious by 
operation of law. Pursuant to section 186(b)(2)(B) of the Act, EPA must 
publish a document in the Federal Register identifying areas which 
failed to attain the standard and therefore must be reclassified as 
serious by operation of law.
    EPA makes attainment determinations for CO nonattainment areas 
based upon whether an area has two years (or eight consecutive 
quarters) of clean air quality data.<SUP>2</SUP> Section 179(c)(1) of 
the Act states that the attainment determination must be based upon an 
area's ``air quality as of the attainment date.'' Consequently, where 
an area has received an extension, EPA will determine whether an area's 
air quality has met the CO NAAQS by the required date, or in the case 
of Clark County by the extended date of December 31, 1996, based upon 
the most recent two years of air quality data.
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    \2\ See generally memorandum from Sally L. Shaver, Director, Air 
Quality Strategies and Standards Division, EPA, to Regional Air 
Office Directors, entitled ``Criteria for Granting Attainment Date 
Extensions, Making Attainment Determinations, and Determinations of 
Failure to Attain the NAAQS for Moderate CO Nonattainment Areas,'' 
October 23, 1995 (Shaver memorandum).
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    EPA determines a CO nonattainment area's air quality status in 
accordance with 40 CFR 50.8 and EPA policy.<SUP>3</SUP> EPA has 
promulgated two NAAQS for CO: an 8-hour average concentration and a 1-
hour average concentration. Because there were no violations of the 1-
hour standard in the Clark County area, this document addresses only 
the air quality status of the Clark County area with respect to the 8-
hour standard. The 8-hour CO NAAQS requires that not more than one non-
overlapping 8-hour average in any consecutive two-year period per 
monitoring site can exceed 9.0 ppm (values below 9.5 are rounded down 
to 9.0 and they are not considered exceedances). The second exceedance 
of the 8-hour CO NAAQS at a given monitoring site within the same two-
year period constitutes a violation of the CO NAAQS.
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    \3\ See memorandum from William G. Laxton, Director Technical 
Support Division, entitled ``Ozone and Carbon Monoxide Design Value 
Calculations'', June 18, 1990. See also Shaver memorandum.
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II. Response to Comments on Proposed Finding

    During the public comment period on EPA's proposed finding, EPA 
received no comments.

III. Today's Action

    EPA is today taking final action to find that the Clark County CO 
nonattainment area did not attain the CO NAAQS by December 31, 1996, 
the CAA attainment date for moderate CO nonattainment areas. As a 
result of this finding, the Clark County CO nonattainment area is 
reclassified by operation of law as a serious CO nonattainment area as 
of the effective date of this document. This finding is based upon air 
quality data showing exceedances of the CO NAAQS during 1995 and 1996, 
resulting in two violations in 1996.

IV. Executive Order (EO) 12866

    Under E.O. 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 Executive Order. The Executive Order 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), 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

[[Page 51606]]

economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities''.
    The Agency has determined that the finding of failure to attain 
finalized today would result in none of the effects identified in 
section 3(f). Under section 186(b)(2) of the CAA, findings of failure 
to attain and reclassification of nonattainment areas are based upon 
air quality considerations and must occur by operation of law in light 
of certain air quality conditions. They do not, in and of themselves, 
impose any new requirements on any sectors of the economy. In addition, 
because the statutory requirements are clearly defined with respect to 
the differently classified areas, and because those requirements are 
automatically triggered by classifications that, in turn, are triggered 
by air quality values, findings of failure to attain and 
reclassification cannot be said to impose a materially adverse impact 
on State, local, or tribal governments or communities.

V. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 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 economic 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.
    As discussed in section III of this document, findings of failure 
to attain and reclassification of nonattainment areas under section 
186(b)(2) of the CAA do not in-and-of-themselves create any new 
requirements. Therefore, I certify that today's action does not have a 
significant impact on small entities.

VI. Unfunded Mandates Act

    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 assess whether various actions undertaken in association with 
proposed or final regulations 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 believes, as 
discussed above, that the finding of failure to attain and 
reclassification of the Clark County nonattainment area are factual 
determinations based upon air quality considerations and must occur by 
operation of law and, hence, do not impose any Federal 
intergovernmental mandate, as defined in section 101 of the Unfunded 
Mandates Act.

VII. 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).

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: September 18, 1997.
Harry Seraydarian,
Acting Regional Administrator.
[FR Doc. 97-26187 Filed 10-1-97; 8:45 am]
BILLING CODE 6560-50-U