68188 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

1The 1990 Amendments to the Clean Air Act

made significant changes to the Act. See Pub. L.

101–549, 104 Stat. 2399. References herein are to

the Clean Air Act, as amended (‘‘the Act’’). The

Clean Air Act is codified, as amended, in the U.S.

Code at 42 U.S.C. 7401, et seq.

2The requirements which are the subject of this

document arise under the pre-existing PM NAAQS.

EPA promulgated a new PM NAAQS on July 18,

1997, which became effective on September 16,

1997.

3Subpart 1 contains provisions applicable to

nonattainment areas generally and Subpart 4

contains provisions specifically applicable to PM10

nonattainment areas. At times, Subpart 1 and

Subpart 4 overlap or conflict. EPA has attempted to

clarify the relationship among these provisions in

the ‘‘General Preamble’’ and, as appropriate, in

today’s notice and supporting information.

Emissions Inventory,’’ dated November

1992.

(C) Two letters dated April 30, 1996,

from Washington to EPA submitting two

revisions to the SIP; ‘‘Supplement to A

Plan for Attaining and Maintaining

National Ambient Air Quality Standards

for the Spokane Carbon Monoxide

Nonattainment Area,’’ dated March

1995; and ‘‘Supplement to the State

Implementation Plan for Washington

State, Spokane County Carbon

Monoxide Nonattainment Area,

Supplement 1 of 2,’’ replacement pages

for Sections 2.5 and 6.2 of Section

4.5.2.CO.1 of the State Implementation

Plan, dated January 1996; ‘‘Supplement

to the State Implementation Plan for

Washington State, Spokane County

Carbon Monoxide Nonattainment Area,

Supplement 2 of 2,’’ new Section 10.0,

Contingency Measures, of Section

4.5.2.CO.1 of the State Implementation

Plan, dated January 1996; and Spokane

County Air Pollution Control Authority

Motor Fuel Specifications for

Oxygenated Gasoline, Regulation I,

Article VI, Section 6.16, adopted July 6,

1995.

(ii) Additional material.

(A) Letter of September 29, 1995,

submitting CO Periodic Emission

Inventory Reports; ‘‘Spokane County

Carbon Monoxide Nonattainment Area,

1993 Periodic Update Emissions

Inventory,’’ dated September 1995.

3. In § 52.2479 the table is amended

by revising Section 2.2.415 to read as

follows:

§ 52.2479 Contents of the federally

approved, State submitted implementation

plan.

* * * * *

Washington State Implementation Plan for

Air Quality; State and Local Requirements

Table of Contents

* * * * *

2.2.415

WAC 173–415 Primary Aluminum Plants

173–415–010 Statement of purpose [02/

19/91]

173–415–020 Definitions [02/19/91

except sections (1) and (2)]

173–415–030 Emission standards [02/19/

91 except sections (1) and (3)(b)]

173–415–045 Creditable stack height and

dispersion techniques [02/19/91]

173–415–050 New source review (NSR)

[02/19/91]

173–415–051 Prevention of significant

deterioration (PSD) [02/19/91]

173–415–060 Monitoring and reporting

[02/19/91 except sections (1)(a)(b)(d)]

173–415–070 Report of startup,

shutdown, breakdown or upset

conditions [02/19/91]

173–415–080 Emission inventory [02/19/

91]

* * * * *

[FR Doc. 97–33960 Filed 12–30–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[CO–001–0006a & CO–001–0021a; FRL–

5934–2]

Clean Air Act Approval and

Promulgation of PM10 Implementation

Plan for Colorado; Designation of

Areas for Air Quality Planning

Purposes; Steamboat Springs

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA approves the State

implementation plan (SIP) submitted by

the State of Colorado to achieve

attainment and maintenance of the

National Ambient Air Quality Standards

(NAAQS) for particulate matter with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM10),

including among other things, control

measures, technical analyses,

quantitative milestones and contingency

measures. The SIP was submitted by the

Governor of Colorado with a letter dated

September 16, 1997 to satisfy certain

Federal requirements for an approvable

SIP for the Steamboat Springs, Colorado

moderate PM10 nonattainment area, as

designated effective January 20, 1994. In

addition, EPA approves the Steamboat

Springs emergency episode plan. EPA

also amends the boundary for the

Steamboat Springs nonattainment area

to clarify the original description.

DATES: This action is effective on March

2, 1998 unless adverse comments are

received by January 30, 1998. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Comments should be

addressed to: Richard R. Long, Director,

Air Program, EPA Region VIII at the

address listed below. Copies of the

State’s submittal and other information

are available for inspection during

normal business hours at the following

locations: Air Program, Environmental

Protection Agency, Region VIII, 999

18th Street, suite 500, Denver, Colorado

80202–2405; and Colorado Department

of Public Health and Environment, Air

Pollution Control Division, 4300 Cherry

Creek Drive South, Denver, Colorado

80222–1530.

FOR FURTHER INFORMATION CONTACT:

Amy Platt, 8P2–A, Environmental

Protection Agency, Region VIII, 999

18th Street, suite 500, Denver, Colorado

80202–2466, (303) 312–6449.

SUPPLEMENTARY INFORMATION:

I. Background

The Steamboat Springs, Colorado area

was designated nonattainment for PM10

and classified as moderate under section

107(d)(3) of the Clean Air Act, on

December 21, 1993. 1 See 57 FR 43846

(September 22, 1992), 58 FR 67334

(December 21, 1993) and 40 CFR 81.306

(Routt County (part)). The Steamboat

Springs designation became effective on

January 20, 1994. The air quality

planning requirements for moderate

PM10 nonattainment areas 2 are set out

in Subparts 1 and 4 of Title I of the Act.3

EPA has issued a ‘‘General Preamble’’

describing EPA’s preliminary views on

how EPA intends to review SIPs and SIP

revisions submitted under Title I of the

Act, including those State submittals

containing moderate PM10

nonattainment area SIP requirements

(see generally 57 FR 13498 (April 16,

1992) and 57 FR 18070 (April 28,

1992)). Because EPA is describing its

interpretations here only in broad terms,

the reader should refer to the General

Preamble for a more detailed discussion

of the interpretations of title I advanced

in this document and the supporting

rationale. In this document and

supporting rationale, EPA is applying its

interpretations considering the specific

factual issues presented.

A State containing a moderate PM10

nonattainment area designated after the

1990 Amendments is required to

submit, among other things, the

following provisions within 18 months

of the effective date of the designation

(i.e., these provisions were due for the

Steamboat Springs area by July 20,

1995):

1. Provisions to assure that reasonably

available control measures (RACM)

(including such reductions in emissions
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations 68189

4The consequences of this finding are to exclude

these sources from the applicability of PM10

nonattainment area control requirements. Note that

EPA’s finding is based on the current character of

the area including, for example, the existing mix of

sources in the area. It is possible, therefore, that

future growth could change the significance of

precursors in the area.

5Also Section 172(c)(7) of the Act requires that

plan provisions for nonattainment areas meet the

applicable provisions of Section 110(a)(2).

from existing sources in the area as may

be obtained through the adoption, at a

minimum, of reasonably available

control technology (RACT)) shall be

implemented no later than four years

after designation (i.e., January 20, 1998

for Steamboat Springs); 2. Either a demonstration (including

air quality modelling) that the plan will

provide for attainment as expeditiously

as practicable but no later than the end

of the sixth calendar year after the

effective date of designation (i.e.,

December 31, 1999 for Steamboat

Springs), or a demonstration that

attainment by that date is impracticable; 3. Quantitative milestones which

demonstrate reasonable further progress

(RFP) toward the attainment date (i.e.,

December 31, 1999 for Steamboat

Springs). Since the SIP for a new

nonattainment area is due 18 months

after the area is designated as

nonattainment, the first 3-year

milestone is to be achieved 4 1⁄2 years

after nonattainment designation (i.e.,

July 20, 1998 for Steamboat Springs)

and the second milestone must be

achieved three years after the first

milestone or 7 1⁄2 years after

nonattainment designation (i.e., July 20,

2001 for Steamboat Springs); 4. Provisions to assure that the control

requirements applicable to major

stationary sources of PM10 also apply to

major stationary sources of PM10

precursors except where the

Administrator determines that such

sources do not contribute significantly

to PM10 levels which exceed the

NAAQS in the area. See sections 172(c),

188, and 189 of the Act; and

5. Contingency measures which

consist of other available measures that

are not part of the area’s control

strategy. These measures must take

effect without further action by the State

or EPA, upon EPA’s determination that

the area has failed to make RFP or attain

the PM10 NAAQS by the applicable

deadline. See section 172(c)(9) of the

Act.

II. This Action

Section 110(k) of the Act sets out

provisions governing EPA’s review of

SIP submittals (see 57 FR 13565–13566).

The Governor of Colorado submitted the

Steamboat Springs PM10 SIP with a

letter dated September 16, 1997. The

Steamboat Springs moderate

nonattainment area plan includes,

among other things, technical analyses,

control measures to satisfy the RACM

requirement, a demonstration (including

air quality modelling) that attainment

and maintenance of the PM10 NAAQS

will be achieved by the required dates,

and enforceability documentation. In

this final rulemaking, EPA announces

its approval of those elements of the

Steamboat Springs PM10 SIP which were

due on July 20, 1995 and submitted on

September 16, 1997.

In addition, EPA has determined that

major sources of precursors of PM10 do

not contribute significantly to PM10

levels in excess of the NAAQS in

Steamboat Springs.4

Finally, EPA is amending the

nonattainment area boundary

description for Steamboat Springs in

order to clarify the original description.

A. Analysis of State Submission

1. Procedural Background

The Act requires States to observe

certain procedural requirements in

developing implementation plans and

plan revisions for submission to EPA.

Section 110(a)(2) of the Act provides

that each implementation plan

submitted by a State must be adopted

after reasonable notice and public

hearing. 5 Section 110(l) of the Act

similarly provides that each revision to

an implementation plan submitted by a

State under the Act must be adopted by

such State after reasonable notice and

public hearing.

EPA also must determine whether a

submittal is complete and therefore

warrants further EPA review and action

(see section 110(k)(1) and 57 FR 13565).

EPA’s completeness criteria for SIP

submittals are set out at 40 CFR part 51,

appendix V. EPA attempts to make

completeness determinations within 60

days of receiving a submission.

However, a submittal is deemed

complete by operation of law if a

completeness determination is not made

by EPA six months after receipt of the

submission.

To entertain public comment on the

PM10 implementation plan for

Steamboat Springs, the Steamboat

Springs City Council and the Routt

County Commission held public

hearings on June 6, 1995 and June 12,

1995, respectively. The State of

Colorado, after providing adequate

public notice, held a public hearing on

September 21, 1995. After considering

all public comments and following the

public hearing, the Steamboat Springs

PM10 SIP was adopted by the Colorado

Air Quality Control Commission

(AQCC). The Steamboat Springs PM10

SIP was submitted by the Governor in

a letter dated August 7, 1996. The

Steamboat Springs PM10 SIP was

reviewed by EPA to determine

completeness in accordance with the

completeness criteria set out at 40 CFR

part 51, appendix V. The submittal was

found to be complete and a letter dated

August 29, 1996 was forwarded to the

Governor indicating the completeness of

the submittal and the next steps in the

review process.

Subsequently, the Steamboat Springs

City Council and the Routt County

Commission held public hearings on

extensive revisions to the Steamboat

Springs PM10 SIP on September 17,

1996 and approved the revisions. The

Colorado AQCC conducted a public

hearing on the revised SIP on October

17, 1996 and adopted the revisions. In

a January 31, 1997 letter from Margie

Perkins, Air Pollution Control Division

(APCD), to Richard Long, EPA, the State

requested that EPA Region VIII delay

processing of the original Steamboat

Springs SIP submitted with the August

7, 1996 Governor’s letter. The reason

provided for the request was that the

substantial revisions adopted on

October 17, 1996 made the original SIP

and regulations obsolete. These

revisions were submitted by the

Governor with a letter dated September

16, 1997, and the State requested that

this documentation completely replace

the August 7, 1996 submittal.

The September 16, 1997 Steamboat

Springs PM10 SIP submittal was

reviewed by EPA to determine

completeness in accordance with the

completeness criteria set out at 40 CFR

part 51, appendix V. The submittal was

found to be complete and an October 20,

1997 letter was forwarded to the

Governor indicating the completeness of

the submittal and the next steps in the

review process.

As requested by the State, this

rulemaking action is specific to the

September 16, 1997 submittal.

2. Accurate Emission Inventory

Section 172(c)(3) of the Act requires

that nonattainment plan provisions

include a comprehensive, accurate,

current inventory of actual emissions

from all sources of relevant pollutants in

the nonattainment area. The emission

inventory also should include a

comprehensive, accurate, and current

inventory of allowable emissions in the

area. See, for example, section

110(a)(2)(K). Because the submission of

such inventories is a necessary adjunct

to an area’s attainment demonstration

(or demonstration that the area cannot

practicably attain), the emission
68190 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

6Although emissions from the Craig and Hayden

power stations were not included in the inventory

because these sources are outside the inventory

domain, the emissions were included in the

modelling analyses for the SIP to determine impacts

on the nonattainment area.

7EPA issued guidance on PM–10 emissions

inventories prior to the enactment of the Clean Air

Act Amendments in the form of the 1987 PM–10

SIP Development Guideline. The guidance provided

in this document appears to be consistent with the

revised Act.

inventories must be received with the

submission (see 57 FR 13539).

The Colorado APCD chose 1991 as the

Steamboat Springs base year emissions

inventory of PM10 emissions. The

results indicate that area sources

contribute approximately 99% of the

total emissions for the area, of which reentrained road dust (including paved

and unpaved roads) contributes

approximately 94% and woodburning

contributes approximately 5%.

Stationary sources accounted for less

than 1% of the emission inventory. 6

EPA is approving the emission

inventory because it is accurate and

comprehensive, and provides a

sufficient basis for determining the

adequacy of the attainment

demonstration for this area consistent

with the requirements of sections

172(c)(3) and 110(a)(2)(K) of the Act. 7

For further details see the Steamboat

Springs PM10 SIP Technical Support

Document (TSD) for this action.

The September 16, 1997 submittal

also establishes an emission budget for

the Steamboat Springs nonattainment

area, which is to be used for Federal

conformity purposes. The PM10 mobile

source emission budget for 1999 is

16,661 pounds/day and for 2002 is

20,682 pounds/day for the modelling

domain. These budgets are the 1999 and

2002 mobile source PM10 emissions

presented in Section G. of the SIP,

which include emissions from vehicle

exhaust, brake, and tire wear, controlled

emissions from paved roads, and

unpaved road emissions. These budgets

are calculated for the emission

inventory/modelling domain, which is

somewhat larger than the nonattainment

area.

3. RACM (Including RACT)

As noted, the moderate PM10

nonattainment areas, designated after

the 1990 Amendments, must submit

provisions to assure that RACM

(including RACT) are implemented no

later than January 20, 1998 (see sections

172(c)(1) and 189(a)(1)(C)). The General

Preamble contains a detailed discussion

of EPA’s interpretation of the RACM

(including RACT) requirement (see 57

FR 13539–13545 and 13560–13561).

In broad terms, the State should

identify available control measures and

evaluate them for their reasonableness

in light of the feasibility of the controls

and the attainment needs of the area.

See 57 FR 13540–13544. A State may

reject an available control measure if the

measure is technologically infeasible or

the cost of the control is unreasonable.

In addition, RACM does not require

controls on emissions from sources that

are insignificant (i.e., de minimis) and

does not require the implementation of

all available control measures where an

area demonstrates timely attainment

and the implementation of additional

controls would not expedite attainment.

Colorado’s SIP revision for Steamboat

Springs contains control measures for

sources of re-entrained fugitive dust

(including paved and unpaved roads)

and woodburning (including fireplaces

and woodstoves). In the following table,

an outline is presented on these sources,

their control measures, associated

emissions reduction credit, and effective

dates.

Source category Control measure PM10 emissions reduction Effective

date

Colorado Air Quality Control Commission State Implementation Plan-Specific Regulations for Nonattainment Areas,

Steamboat Springs PM10 Nonattainment Area.

................................................................... 12/30/96

Re-entrained fugitive

dust.

Sections VIII.B, C. & D. Require compliance with specifications for street sanding materials, reduction in the amount of

street sand applied, and street sweeping.

720 kg/day or approximately 1588 lbs/

day fewer PM10 emissions than base

year.

Woodburning ............ Section VIII.E.—Requires continued implementation of local

programs to restrict the number and type of new solid fuel

burning devices in the nonattainment area.

Existing local programs were given emission reduction credits in the base and

attainment year emissions inventories.

RACM does not require additional

controls on other area sources since the

plan demonstrates attainment of the

NAAQS and implementation of

additional controls would not further

expedite attainment. Further, RACT

does not require additional controls for

the stationary sources in the Steamboat

Springs nonattainment area because

point source emissions in the area are

de minimis and control of such sources

would not expedite attainment of the

PM10 NAAQS.

There are also other Statewide control

measures that already apply in the

Steamboat Springs area, which will help

curb PM10 emissions in the Steamboat

Springs nonattainment area.

Specifically, Colorado Regulation No. 4

requires new wood stoves to meet the

emission requirements of EPA’s

Standards of Performance for New

Residential Wood Heaters in 40 CFR

60.532(b), and Colorado Regulation No.

3 regulates the construction and

modification of stationary sources of

PM10. These measures will help to
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations 68191

reduce emissions from new stationary

source growth and residential wood

combustion. However, EPA is not acting

on Regulation Nos. 3 and 4 at this time

because EPA has previously approved

these regulations. For further

information, see the TSD accompanying

this document.

A more detailed discussion of the

source category contributions,

associated control measures (including

available control technology), and an

explanation of why certain available

control measures were not implemented

can be found in the TSD. EPA has

reviewed the State’s documentation and

concluded that it adequately justifies

the control measures to be

implemented. The implementation of

Colorado’s PM10 nonattainment plan for

Steamboat Springs will result in the

attainment of the PM10 NAAQS by

December 31, 1999, and maintenance of

the PM10 NAAQS through 2002. EPA is

approving the Steamboat Springs PM10

plan’s control strategy as satisfying the

RACM (including RACT) requirement.

4. Demonstration

As noted, moderate PM10

nonattainment areas designated

subsequent to enactment of the 1990

Amendments must submit a

demonstration (including air quality

modelling) showing that the plan will

provide for attainment as expeditiously

as practicable, but no later than the end

of the sixth calendar year after an area’s

designation to attainment (see section

188(c)(1) of the Act). In the case of

Steamboat Springs, this attainment

deadline is December 31, 1999, or the

State must show that attainment by

December 31, 1999, is impracticable.

The attainment demonstration

presented in the September 16, 1997

submittal indicated that the PM10

NAAQS will be attained by 1999 in the

Steamboat Springs area. The 24-hour

PM10 NAAQS is 150 micrograms/cubic

meter (μg/m3), and the standard is

attained when the expected number of

days per calendar year with a 24-hour

average concentration above 150 μg/m3

is equal to or less than one (see 40 CFR

50.6). The annual PM10 NAAQS is 50

μg/m3, and the standard is attained

when the expected annual arithmetic

mean concentration is less than or equal

to 50 μg/m3 (id.).

EPA regulations provide that

attainment be demonstrated by means of

a proportional model or dispersion

model or other procedure shown to be

adequate and appropriate for such

purposes. See 40 CFR 51.112(a). In

general, EPA policy provides that the

preferred approach for estimating the air

quality impacts of emissions of PM10 is

to use receptor modelling in

combination with dispersion modelling.

The State utilized the monitoring and

emissions data and control measure

efficiencies presented in the Steamboat

Springs PM10 SIP as inputs in a

dispersion modelling-based attainment

demonstration. The dispersion model

was used to predict concentrations of

PM10 for the Steamboat Springs

nonattainment area. The model was first

calibrated to accurately predict worstcase PM10 levels for 1991, for which

monitoring data is available. Based

upon these accurate predictions for

1991, the State is confident that the

model’s predictive capabilities are very

good, and also confident that the

modelling results generated for the

attainment year of 1999 are reliable.

The dispersion modelling for

Steamboat Springs, submitted with the

SIP on September 16, 1997,

demonstrates attainment of the 24-hour

PM10 NAAQS by December 31, 1999

since the highest modelled

concentration for that year is 115 μg/m3

at the downtown Steamboat Springs

receptor. Because no exceedances of the

PM10 annual NAAQS have been

recorded in the Steamboat Springs area

and because the attainment

demonstration submitted with the

Steamboat Springs SIP shows

attainment of the 24-hour PM10 NAAQS,

EPA believes it is reasonable and

adequate to assume that protection of

the 24-hour standard will be sufficient

to protect the annual standard as well.

The dispersion modelling also

demonstrates maintenance of the 24-

hour PM10 NAAQS by December 31,

2002, since the highest modelled

concentration for that year is 123 μg/m3.

The control strategies relied on to

demonstrate timely attainment and

maintenance are summarized in the

section above entitled ‘‘RACM

(including RACT).’’ For a more detailed

description of the attainment and

maintenance demonstrations and the

control strategies used, see the TSD

accompanying this document.

5. PM10 Precursors

The control requirements that are

applicable to major stationary sources of

PM10 also apply to major stationary

sources of PM10 precursors, unless EPA

determines such sources do not

contribute significantly to PM10 levels

which exceed the NAAQS in that area

(see section 189(e) of the Act). The

General Preamble contains guidance

addressing how EPA intends to

implement section 189(e) (57 FR 13539–

13542). An analysis of air quality and

emissions data for the Steamboat

Springs nonattainment area indicates

that exceedances of the NAAQS are

attributable chiefly to direct particulate

emissions from re-entrained road dust

and residential wood burning (i.e., area

sources). The emissions inventory for

Steamboat Springs did not reveal any

major stationary sources of PM10

precursors within the inventory domain.

The chemical mass balance analysis of

filters from high concentration days

revealed insignificant source

apportionments to secondaries

(approximately 1% to ammonium

nitrates and approximately 2% to

ammonium sulfates). The dispersion

modelling for the SIP included a

screening of major PM10 stationary

sources outside of the nonattainment

area, including the Hayden and Craig

power plants, to determine impacts to

the nonattainment area. These analyses

revealed insignificant source

apportionments in the nonattainment

area to the Hayden and Craig power

plants, which is logical given the

distances that these plants are from the

nonattainment area. Craig is

approximately 37 miles from downtown

Steamboat Springs and Hayden is

approximately 18.5 miles from

downtown Steamboat Springs.

Based upon the emissions inventory,

chemical mass balance analyses, and

dispersion modelling, EPA believes that

the overall contribution of PM10

precursors is insignificant. Therefore,

EPA is making the determination that

major sources of PM10 precursors do not

contribute significantly to PM10 levels in

excess of the NAAQS in Steamboat

Springs. The consequence of this

finding is to exclude any such sources

from the applicability of PM10

nonattainment area control

requirements. Note that EPA’s finding is

based on the current character of the

area including, for example, the existing

mix of sources in the area. It is possible,

therefore, that future growth could

change the significance of precursors in

the area. Further discussion of the

analyses and supporting rationale for

EPA’s finding are contained in the TSD

accompanying this document.

6. New Source Review

On August 18, 1994 (59 FR 42500–

42506), EPA approved the State’s

nonattainment new source review (NSR)

permitting regulations for sources of

PM10 in the State’s PM10 nonattainment

areas. In that notice, EPA stated that,

because the Steamboat Springs PM10

nonattainment area SIP was not due to

be submitted until July 20, 1995, EPA

would determine the approvability of

the State’s NSR provisions for that

nonattainment area when EPA took

action on the State’s SIP submittal for
68192 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

8Section 189(c) provides that quantitative

milestones are to be achieved ‘‘until the area is

redesignated attainment.’’ However, this endpoint

for quantitative milestones is speculative because

redesignation of an area as attainment is contingent

upon several factors and future events. Therefore,

EPA believes it is reasonable for States to initially

address the first two milestones. Addressing two

milestones will ensure that the State continues to

maintain the NAAQS beyond the attainment date

for at least some period during which an area could

be redesignated attainment. Requiring that

additional milestones be addressed, at least

initially, would place a potentially unnecessary

planning burden on States containing areas that are

redesignated attainment. However, in all instances,

additional milestones must be addressed if an area

is not redesignated attainment.

Steamboat Springs. Since the State’s

NSR regulations meet all of the Federal

requirements for new and modified

major stationary sources of PM10

locating in moderate PM10

nonattainment areas (as discussed in the

August 18, 1994 Federal Register), EPA

finds that the State has met the

nonattainment NSR permitting

requirements for sources of PM10

locating in the Steamboat moderate

PM10 nonattainment area. In addition, as

discussed in Section 5. above, EPA finds

that major stationary sources of PM10

precursors do not contribute

significantly to PM10 levels in excess of

the NAAQS in Steamboat Springs. The

consequence of this finding is to

exclude major stationary sources of

PM10 precursors in Steamboat Springs

from the applicability of PM10

nonattainment area control

requirements, including nonattainment

NSR permitting requirements. Thus, the

State’s nonattainment NSR regulations

for Steamboat Springs are considered

fully approvable.

7. Quantitative Milestones and

Reasonable Further Progress

The PM10 nonattainment area plans

demonstrating attainment must contain

quantitative emission reduction

milestones which are to be achieved

every three years until the area is

redesignated attainment and which

demonstrate reasonable further progress

(RFP), as defined in section 171(1),

toward timely attainment. While section

189(c) plainly provides that quantitative

milestones are to be achieved until an

area is redesignated attainment, it is

silent in indicating the starting point for

counting the first three-year period or

how many milestones must be initially

addressed. In the General Preamble,

EPA addressed the statutory gap in the

starting point for counting the three-year

milestones, indicating that it would

begin from the due date for the

applicable implementation plan

revision containing the control

measures for the area (i.e., November 15,

1991 for initial moderate PM10

nonattainment areas). See 57 FR 13539.

As to the number of milestones, EPA

believes that at least two milestones

must be initially addressed.

States containing moderate

nonattainment areas designated

subsequent to enactment of the 1990

Amendments are expected to initially

submit two milestones. States are

required to submit SIP’s for these areas

18 months after their redesignation as

nonattainment. The attainment date for

new PM10 nonattainment areas is ‘‘as

expeditiously as practicable’’ but no

later than the end of the sixth calendar

year after an area’s designation as

nonattainment. Therefore, the

attainment date for Steamboat Springs is

December 31, 1999.

Because the SIP revision, including

the quantitative milestones element, for

a new nonattainment area is due 18

months after the area is designated as

nonattainment, the first 3-year

milestone is to be achieved 41⁄2 years

after the nonattainment redesignation.

Since Steamboat Springs redesignation

became effective on January 20, 1994,

the first 3-year milestone must be

achieved by July 20, 1998 (i.e., 11⁄2 years

prior to the attainment deadline). The

second quantitative milestone must be

achieved three years after the first

milestone or 71⁄2 years after the

nonattainment designation. In

Steamboat Springs, the second

quantitative milestone must be achieved

by July 20, 2001 (i.e., 11⁄2 years after the

attainment deadline if the maximum of

six years is needed to attain the PM10

NAAQS). The second quantitative

milestone should provide for continued

emission reduction progress toward

attainment and should provide for

continued maintenance of the NAAQS

after the attainment date for the area.8

Because all of the Steamboat Springs

emission control measures will go into

effect in 1996, and because measures

have been developed to keep the area in

attainment through 2002, the State

believes, and EPA agrees, that the

quantitative milestone requirements for

emission reductions will be achieved.

8. Enforceability Issues

All measures and other elements in

the SIP must be enforceable by the State

and EPA (see sections 172(c)(6),

110(a)(2)(A) and 57 FR 13556). The EPA

criteria addressing the enforceability of

SIPs and SIP revisions were stated in a

September 23, 1987 memorandum (with

attachments) from J. Craig Potter,

Assistant Administrator for Air and

Radiation, et al. (see 57 FR 13541).

Nonattainment area plan provisions also

must contain a program to provide for

enforcement of control measures and

other elements in the SIP (see section

110(a)(2)(C)).

The specific control measures

contained in the SIP are addressed

above in Section II.A.3., ‘‘RACM

(including RACT).’’ The Colorado Air

Quality Control Commission State

Implementation Plan-Specific

Regulation for Nonattainment Areas,

Section VIII. Steamboat Springs PM10

Nonattainment Area, became effective

on December 30, 1996. This regulation

requires the City of Steamboat Springs

to continue implementation and

enforcement of Ordinance No. 1191

(1991), Ordinance No. 1148 (1990),

Ordinance No. 1045 (1988), and

Ordinance No. 977 (1987). The State

regulation also requires Routt County to

continue implementation and

enforcement of Resolution No. 91–032

(1991). The ordinance and resolutions

will limit future growth in emissions

from solid fuel burning devices. The

State regulation also includes record

keeping requirements. The City of

Steamboat Springs and Routt County

must each submit to the APCD by May

31st of each year a report that describes

the tracking and enforcement of these

local control strategies. The report must

include information on compliance and

enforcement activities that have

occurred during the previous year so

that the APCD can verify that the

ordinances and resolution have been

properly implemented.

The Colorado Air Quality Control

Commission State Implementation PlanSpecific Regulation for Nonattainment

Areas, Section VIII., Steamboat Springs

PM10 Nonattainment Area, also details

specifications for street sanding

materials, requirements for the

reduction in the amount of street sand

applied, and street sweeping

requirements for Lincoln Avenue. These

requirements will limit re-entrained

road dust emissions in the area. To limit

woodburning emissions in the area, the

State regulation also requires continued

implementation of local programs to

restrict the number and type of new

solid fuel burning devices in the

nonattainment area. Annual

recordkeeping and reporting

requirements are detailed for each

control strategy, as follows.

Beginning November 1, 1996, each

user of street sanding materials must

submit a report to the APCD which

provides a copy of all independent tests

performed on sanding materials. The

report must also include the name and

address of all suppliers of street sanding

material along with a description of the

location of the supplier’s aggregate pit
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations 68193

from which all material was supplied.

Files must be maintained for two years.

No later than May 31 of each year,

beginning in 1997, the Colorado

Department of Transportation must

submit a report to the APCD which

demonstrates compliance with the

provisions for the reduction of street

sand applied for the previous sanding

season. Files must be maintained for

two years.

No later than February 28 and May 31

of each year, beginning in 1997, the City

of Steamboat Springs must submit a

report to the APCD which demonstrates

compliance with the street sweeping

requirements for Lincoln Avenue. The

reports must contain information for the

period December 1—January 31 and

February 1—March 31, respectively, as

follows: (1) Date of sweeping operation;

(2) specific segments of Lincoln Avenue

swept; (3) type of equipment used; (4)

equipment malfunctions and downtime,

if any; (5) conditions of traffic lanes

(dry, wet, snow packed, patchy ice,

etc.); and (6) general weather conditions

at time of sweeping operations. Files

must be maintained for two years.

No later than May 31 of each year,

beginning in 1997, the City of Steamboat

Springs and Routt County must submit

to the APCD a report containing

information that describes the tracking

and enforcement of the local

woodburning ordinances and

resolution. The annual report must

include information on compliance and

enforcement activities that have

occurred during the previous year.

EPA has reviewed the Colorado Air

Quality Control Commission State

Implementation Plan-Specific

Regulations for Nonattainment Areas,

Section VIII., Steamboat Springs PM10

Nonattainment Area, for enforceability

and has determined that it meets all of

the criteria included in the September

23, 1987 Potter Memorandum.

As discussed in Section II.A.3. above,

there are also State-wide regulations

that will impact the emissions of PM10

in the Steamboat Springs nonattainment

area. These regulations include

Colorado Regulation No. 4, which

requires all wood stoves sold after July

1, 1991 to meet the emission

requirements of EPA’s Standards of

Performance for New Residential Wood

Heaters in 40 CFR 60.532(b), and

Colorado Regulation No. 3, which

requires construction permits for new or

modified stationary sources. EPA

previously reviewed these regulations,

and determined that they met the

enforceability criteria of the September

23, 1987 Potter Memorandum and

approved them as part of the SIP (see

the TSD for information on EPA

approvals of these regulations).

The State of Colorado has a program

that will ensure that the measures

contained in the SIP are adequately

enforced. The Colorado APCD has the

authority to implement and enforce all

emission limitations and control

measures adopted by the AQCC. In

addition, Colorado statute provides that

the APCD shall enforce against any

‘‘person’’ who violates the emission

control regulations of the AQCC, the

requirements of the SIP, or the

requirements of any permit. The

definition of ‘‘person’’ includes any

‘‘municipal corporation, county, city

and county or other political

subdivision of the State,’’ such as the

City of Steamboat Springs and Routt

County. Civil penalties of up to $15,000

per day per violation are provided for in

the State statute for any person in

violation of these requirements, and

criminal penalties are also provided for

in the State statute.

Thus, EPA has determined that the

control measures contained in the SIP

revision for Steamboat Springs are

enforceable and that the APCD has

adequate enforcement capabilities to

ensure compliance with those control

measures and the State regulations. The

TSD contains further information on the

State-wide regulations, enforceability

requirements, and a discussion of the

personnel and funding intended to

support effective implementation of the

control measures.

9. Contingency Measures

As provided in section 172(c)(9) of the

Act, all moderate nonattainment area

SIPs that demonstrate attainment must

include contingency measures. See

generally 57 FR 13510–13512 and

13543–13544. Contingency measures

should consist of other available

measures that are not part of the area’s

control strategy. These measures must

take effect without further action by the

State or EPA, upon EPA’s determination

that the area has failed to make RFP or

attain the PM10 NAAQS by the

applicable statutory deadline.

The Governor of Colorado submitted

PM10 contingency measures for the

Steamboat Springs area with a

September 16, 1997 letter. These

measures, as discussed below, require

additional street sweeping for Lincoln

Avenue and the downtown core area

within two months following EPA’s

determination that the Steamboat

Springs moderate PM10 nonattainment

area failed to attain the PM10 NAAQS or

make reasonable further progress (RFP)

in reducing emissions.

The City of Steamboat Springs will

expand the sweeping program to

include the traffic lanes of Lincoln

Avenue from 13th Street west for one

mile, and Lincoln Avenue from Old

Fish Creek Falls Road to Pine Grove

Road. These roadways must be swept

within four days of the roadways

becoming free and clear of snow and ice

following each sanding deployment, as

weather and street conditions permit. In

addition, the traffic lanes of all streets

within the downtown core area of

Steamboat Springs, as bounded by 3rd

Street, 12th Street, Yampa, and Oak.

These roadways must be swept within

four days of the roadways becoming free

and clear of snow and ice following

each sanding deployment, as weather

and street conditions permit.

The State believes, and EPA agrees,

that these contingency measures are

adequate since the control measures

implemented in the PM10 SIP provide a

safety margin by achieving more

emissions reductions than needed to

demonstrate attainment of the PM10

NAAQS, as indicated by the State’s

predicted 24-hour attainment

concentration of 115 μg/m3. For a

detailed discussion of these contingency

measures, see the TSD accompanying

this document.

10. Emergency Episode Plan

EPA believes the Steamboat Springs

emergency episode plan, as included in

the September 16, 1997 submittal, is

adequate. The plan describes the actions

to be taken when conditions exist that

have historically resulted in

exceedances of the 24-hour PM10

standard. Voluntary and mandatory

activities include suspension of open

burning, curtailment of wood/coal

burning, and reduction of non-essential

motor vehicle operations. For details on

the emergency episode plan, please see

the TSD.

11. Revisions to the Nonattainment Area

Boundary

The Steamboat Springs nonattainment

area boundary as codified in the Federal

Register notice published on December

21, 1993 (see 58 FR 67334) is currently

defined as the Steamboat Springs area

airshed. See 40 CFR 81.306. This

boundary description was intended to

be responsive to comments received

from the State of Colorado on EPA’s

September 22, 1992 proposed

rulemaking to redesignate the area to

nonattainment (see 57 FR 43846). In

those comments, the State indicated that

on June 20, 1991 the AQCC adopted a

map which outlined the Steamboat

Springs PM10 nonattainment area. The

map identified the nonattainment area
68194 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

as a portion of Routt County which

included the City of Steamboat Springs,

as well as certain surrounding areas in

Routt County. With its PM10 SIP

submittal dated August 12, 1996, the

State provided a clearer description of

the boundary by providing a legal

description of the map outline. The

following legal description of the

nonattainment area represents the map

outline adopted by the AQCC and used

by APCD for SIP purposes:

On the East—The Routt National

Forest.

On the South—The southern border of

sections 19, 10, 21, T4N, R84W of the

6th P.M. and the southern border of

sections 23, 24, T4N, R85W of the 6th

P.M.

On the West—Beginning at the south

western corner of section 23, T4N,

R85W of the 6th P.M. North along the

western border of sections 23, 14, 11,

T4N, R85W. Thence, along the ridge

which bisects sections 35, 36, 25, 24, 13,

14, 11, 12, 1, T5N, R85W, and sections

36, 25, 24, T6N, R85W. Thence heading

northwest along the ridge which bisects

sections 23, 15, 10, 9,4, T6N, R85W of

6th P.M. Thence, heading northeast

along the ridge which bisects sections

33, 34, 35, 36, 25, T7N, R85W and

sections 30 and 10 of T7N, R84W.

Thence, north along the N 1/2 of the

western edge of section 19, to the NW

corner of section 18, T7N, R84W.

On the North—The northern

boundary of sections 16, 17, 18, T7N,

R84W of 6th P.M.

The boundary was determined to be

the reasonable Steamboat Springs air

shed by considering factors such as

local topography, meteorology,

emissions sources, land use practices,

and tourism. EPA is replacing the

boundary description currently in 40

CFR 81.306 with this revised

description to more clearly define the

nonattainment area.

B. Update to Code of Federal

Regulations

EPA is also updating 40 CFR 52.332,

Moderate PM10 nonattainment area

plans, to reflect the approved status of

the Telluride moderate PM10

nonattainment area plan. EPA approved

that SIP on October 4, 1996 (61 FR

51784), but neglected to update 40 CFR

52.332 at that time.

III. Final Action

EPA is approving the elements of the

PM10 SIP for the Steamboat Springs,

Colorado nonattainment area that were

due on July 20, 1995 and submitted to

EPA by the Colorado Governor with a

letter dated September 16, 1997,

including among other things, control

measures, technical analyses,

quantitative milestones and contingency

measures. Additionally, EPA is

approving the Steamboat Springs

emergency episode plan. EPA is also

amending the boundary description for

the Steamboat Springs nonattainment

area to clarify the original description.

Note that per an October 29, 1997

letter from the State, EPA is not acting

on revisions to the Ambient Air Quality

Standards for the State of Colorado

which were included in the September

16, 1997 SIP submittal for informational

purposes only.

EPA is publishing this action without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective March 2, 1998

unless, by January 30, 1998 adverse or

critical comments are received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will be addressed in

a subsequent final rule based on this

action serving as a proposed rule. EPA

will not institute a second comment

period on this action. Any parties

interested in commenting on this action

should do so at this time. If no such

comments are received, the public is

advised that this action will be effective

on March 2, 1998.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to a SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

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

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit 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

nature of the Federal-State relationship

under the CAA, preparation of a

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The Clean Air Act forbids EPA to base

its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256–66 (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 costeffective 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 promulgated 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 imposes no new Federal

requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

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
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations 68195

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of this 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 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 March 2, 1998.

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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Particulate matter, Reporting

and recordkeeping requirements, Sulfur

dioxide, and Volatile organic

compounds.

40 CFR Part 81

Air pollution control, National parks,

Wilderness areas.

Dated: November 4, 1997.

Jack W. McGraw

Acting Regional Administrator.

40 CFR Parts 52 and 81 are amended

as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. Section 52.320 is amended by

adding paragraph (c)(76) to read as

follows:

§ 52.320 Identification of plan.

* * * * *

(c) * * *

(76) The Governor of Colorado

submitted the moderate nonattainment

area PM10 State Implementation Plan

(SIP) for Steamboat Springs, Colorado

with a letter dated September 16, 1997.

The submittal was made to satisfy those

moderate PM10 nonattainment area SIP

requirements due for Steamboat Springs

on July 20, 1995, including among other

things, control measures, technical

analyses, quantitative milestones, and

contingency measures. The September

16, 1997 submittal also included the

Steamboat Springs emergency episode

plan.

(i) Incorporation by reference.

(A) Colorado Air Quality Control

Commission Nonattainment Areas, 5

CCR 1001–20, Section VIII., Steamboat

Springs PM10 Nonattainment Area,

adopted October 17, 1996 and effective

on December 30, 1996.

(ii) Additional material.

(A) An October 29, 1997 letter from

Margie M. Perkins, APCD, to Richard R.

Long, EPA, clarifying that the regulation

entitled ‘‘Ambient Air Quality

Standards for the State of Colorado’’ was

included in the September 16, 1997

Steamboat Springs SIP submittal for

informational purposes only.

* * * * *

3. Section 52.329 is amended by

revising paragraph (a) to read as follows:

§ 52.329 Rules and regulations.

(a) On January 14, 1993, the Governor

of Colorado submitted revisions to the

State’s nonattainment new source

review permitting regulations to bring

the State’s regulations up to date with

the 1990 Amendments to the Clean Air

Act. With these revisions, the State’s

regulations satisfy the part D new source

review permitting requirements for the

following nonattainment areas: the

Canon City, Lamar, Pagosa Springs,

Aspen, Telluride, and Steamboat

Springs moderate PM10 nonattainment

areas, the Denver/Metro Boulder,

Longmont, Colorado Springs, and Fort

Collins moderate carbon monoxide

nonattainment areas, the Greeley not

classified carbon monoxide

nonattainment area, and the Denver

transitional ozone nonattainment area.

* * * * *

4. Section 52.332 is amended by

adding paragraphs (g) and (h) to read as

follows:

§ 52.332 Moderate PM10 nonattainment

area plans.

* * * * *

(g) On March 17, 1993, December 9,

1993, and April 22, 1996, the Governor

of Colorado submitted the moderate

PM10 nonattainment area plan for

Telluride. The submittals were made to

satisfy those moderate PM10

nonattainment area SIP requirements

which were due for Telluride on

November 15, 1991. The December 9,

1993 submittal was also made to satisfy

the PM10 contingency measure

requirements which were due for

Telluride on November 15, 1993.

(h) On September 16, 1997 the

Governor of Colorado submitted the

moderate PM10 nonattainment area plan

for Steamboat Springs. The submittal

was made to satisfy those moderate

PM10 nonattainment area SIP

requirements which were due for

Steamboat Springs on July 20, 1995.

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In § 81.306, the table for ColoradoPM10 Nonattainment Areas is amended

under Routt County (part) by revising

the entry for ‘‘The Steamboat Springs

Area Airshed’’ to read as follows:

§ 81.306 Colorado.

* * * * *

COLORADO—PM–10 NONATTAINMENT AREAS

Designated area

Designation Classification

Date Type Date Type

* * * * * *

*

Routt County (part)—Steamboat Springs ....................................................................... 1/20/94 Nonattainment ....... 1/20/94 Moderate.

On the East—The Routt National Forest.

On the South—The southern border of sections 19, 10, 21, T4N, R84W of the 6th

P.M. and the southern border of sections 23, 24, T4N, R85W of the 6th P.M.
68196 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

COLORADO—PM–10 NONATTAINMENT AREAS—Continued

Designated area

Designation Classification

Date Type Date Type

On the West—Beginning at the southwestern corner of section 23, T4N, R85W of

the 6th P.M. North along the western border of sections 23, 14, 11, T4N, R85W.

Thence, along the ridge which bisects sections 35, 36, 25, 24, 13, 14, 11, 12, 1,

T5N, R85W, and sections 36, 25, 24, T6N, R85W. Thence heading northwest

along the ridge which bisects sections 23, 15, 10, 9,4, T6N, R85W of 6th P.M.

Thence, heading northeast along the ridge which bisects sections 33, 34, 35, 36,

25, T7N, R85W and sections 30 and 10 of T7N, R84W. Thence, north along the N

1⁄2 of the western edge of section 19, to the NW corner of section 18, T7N, R84W.

On the North—The northern boundary of sections 16, 17, 18, T7N, R84W of 6th

P.M.

* * * * * *

*

* * * * *

[FR Doc. 97–33958 Filed 12–30–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[FRL–5942–6]

RIN 2060–AG76

Regulation of Fuels and Fuel

Additives: Modifications to Standards

and Requirements for Reformulated

and Conventional Gasoline

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: Through the 1990

amendments to the Clean Air Act

(CAA), Congress mandated that EPA

promulgate regulations requiring that

gasoline sold in certain areas be

reformulated to reduce vehicle

emissions of toxic and ozone-forming

compounds. The EPA published rules

for the certification and enforcement of

reformulated gasoline (RFG) and

provisions for non-reformulated or

conventional gasoline on February 16,

1994.

Based on experience gained since the

promulgation of these regulations, on

July 11, 1997, EPA proposed a variety of

changes to the regulations relating to

emissions standards, emissions models,

compliance related requirements and

enforcement provisions. Today’s rule

finalizes certain of the changes

proposed on July 11, 1997. This final

rule adopts several revisions relating to

use of the Complex Model, which is

required for demonstrating compliance

with the RFG standards and the antidumping standards for conventional

gasoline beginning on January 1, 1998.

In addition, today’s rule finalizes

provisions that modify the affirmative

defenses for truck carriers of motor

vehicle fuel. Finally, this rule deletes

the NOX per-gallon minimum standards

for RFG and increases the number of

gasoline quality surveys, as a more costeffective way to ensure that each area

covered by the RFG program receives

the full environmental benefits of the

NOX average standards in Phase I and II

of the program. EPA will take final

action on the remainder of the

provisions proposed on July 11, 1997, at

a later date.

The emissions benefits achieved from

the RFG and conventional gasoline

programs will not be reduced as a result

of this final rule.

DATES: The effective date of this rule is

January 1, 1998.

ADDRESSES: Materials relevant to this

FRM are contained in Public Docket No.

A–97–03, Waterside Mall (Room M–

1500), Environmental Protection

Agency, Air Docket Section, 401 M

Street, S.W., Washington, D.C. 20460.

Materials relevant to the final rule

establishing standards for reformulated

gasoline and anti-dumping standards for

conventional gasoline are contained in

Public Dockets—A–92–01 and A–92–12,

and are incorporated by reference.

FOR FURTHER INFORMATION CONTACT:

Marilyn Bennett, Fuels and Energy

Division, U.S. EPA, 401 M Street, S.W.

(6406J), Washington, D.C. 20460.

Telephone: (202) 564–8989.

SUPPLEMENTARY INFORMATION:

Regulated Entities

Regulated categories and entities

affected by this action include:

Category Examples of regulated entities

Industry .... Refiners and importers of motor

vehicle fuel. Motor vehicle fuel

tank truck carriers.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. This table lists

the types of entities that EPA is now

aware could be potentially regulated by

this action. Other types of entities not

listed in the table could also be

regulated. To determine whether your

entity is regulated by this action, you

should carefully examine the

applicability criteria of Part 80, Subparts

A, B, D, and E, of title 40 of the Code

of Federal Regulations. If you have

questions regarding applicability of this

action to a particular entity, consult the

person listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

The preamble and regulatory language

are also available electronically from the

EPA Internet Web site. The official

Federal Register version is made

available on the day of publication on

the primary Internet site listed below.

The EPA Office of Mobile Sources also

publishes these notices on the

secondary Web site listed below.

Internet (Web)

http://www.epa.gov/docs/fedrgstr/

EPA–AIR/

(either select desired date or use

Search feature)

http://www.epa.gov/OMSWWW/

(look in What’s New or under the

specific rulemaking topic)

EPA believes this is sufficient lead

time for regulated parties to implement

the changes adopted here, as these

noncontroversial changes are designed

to increase the flexibility provided to

parties under the regulations and to

provide provisions necessary for

demonstrating compliance with the