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Federal Register / Vol. 57, No. 10 / Wednesday, January 15, 1992 / Proposed Rules

PART 3-ADJUDICATION

Subpart A-Pension Compensation,

and Dependency and Indemnity

Compensation

1. The authority citation for part 3,

subpart A, continues to read as follows:

Authority: 72 Stat. 1114; 38 U.S.C. 210,

unless otherwise noted.

2. Add a new section to read as

follows:

§ 3.316 Claims based on chronic effects of

exposure to mustard gas.

Exposure to mustard gas while

participating in full-body, field or chamber experiments to test protective

clothing or equipment during World War

II, together with the development of a chronic form of any of the following

conditions manifested subsequent

thereto, is sufficient to establish service

connection for that condition: laryngitis,

bronchitis, emphysema, asthma,

conjunctivitis, keratitis, and corneal

opacities.

[FR Doc. 92-1000 Filed 1-14-92; 8:45 am]

BILUNG COOE 8320-01-M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[MO11-1-5369; FRL-4093-31

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Ambient air quality data for

the period 1989 through 1991 indicate

that the Kansas City ozone

nonattainment area has attained the

National Ambient Air Quality Standard

(NAAQS) for ozone. Therefore, in

accordance with the Clean Air Act

Amendments of 1990, the state of

Missouri has submitted an ozone maintenance plan which projects

continued attainment of the ozone standard in the Kansas City area, and

has requested redesignation of the area to attainment. EPA is proposing to

approve the Kansas City ozone maintenance plan as a revision to the

Air Pollution Control State

Implementation Plan (SIP) for the state

of Missouri. In conjunction with the

maintenance plan, EPA is also proposing

to approve Missouri's request to

redesignate the Kansas City area to

attainment with respect to the ozone

NAAQS. In a separate Federal Register

notice published today, EPA is also

proposing to approve an analogous plan

and redesignation request submitted by

the Kansas Department of Health and

Environment to address the Kansas

portion of the ozone nonattainment area.

DATES: Comments must be received by

February 14, 1992.

ADDRESSES: Comments should be sent

to Larry A. Hacker, Environmental

Protection Agency, Region VII, Air

Branch, 726 Minnesota Avenue, Kansas

City, Kansas 66101. The state submittal

and the EPA-prepared technical support document (TSD) are available for public

review at the above address and at the

Missouri Department of Natural

Resources, Air Pollution Control

Program, Jefferson State Office Building, 205 Jefferson Street, Jefferson City,

Missouri 65101.

FOR FURTHER INFORMATION CONTACT.

Larry A. Hacker at (913) 551-7020 (FTS

276-7020).

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act as amended in 1977

("the 1977 Act") required areas failing to

meet the ozone NAAQS to develop SIPs

with sufficient control measures to

expeditiously attain and maintain the

standard. The Kansas City metropolitan

area (KCMA) was designated under

section 107 of the 1977 Act as

nonattainment with respect to the ozone

NAAQS on March 3, 1978. (The

designations for Missouri are codified at

40 CFR 81.326.) The Missouri

Department of Natural Resources

(MDNR) submitted a Part D ozone

attainment SIP on July 2, 1979, which

EPA fully approved as meeting the

requirements of section 110 and Part D

of the 1977 Act. The 1979 SIP projected

attainment by December 31, 1982,

making the KCMA area a "nonextension

area" under section 172 of the 1977

Clean Air Act. Although the KCMA

appeared to have met the ozone

standard by the end of 1982, additional

violations occurred in 1983 and 1984. On

February 20, 1985, EPA notified the

Governor of Missouri that the SIP was

substantially inadequate to attain the

ozone NAAQS (50 FR 26198).

In response to the SIP call, MDNR

submitted a revised ozone control

strategy on May 26, 1986, which

demonstrated attainment by December

31, 1987. EPA proposed to approved the

revised SIP on June 30,1988 (53 FR

24735). At the time of the proposal, EPA

believed that the area had achieved the

standard, as the 1985 through 1987 air

quality data showed attainment.

However, ozone violations occurred in

June of 1988. Therefore, EPA fully

approved the revised control strategy

(54 FR 10322 and 54 FR 46232), but

deferred action on the attainment

demonstration portion of the SIP.

More recently, however, the 1989

through 1991 air quality data show

attainment of the ozone NAAQS.

Therefore, in an effort to comply with

the Clean Air Act Amendments (CAAA)

of 1990 (Pub. L. 101-549), and to ensure

continued attainment of the standard

with an adequate margin of safety, the

state submitted an ozone maintenance

SIP for the KCMA on October 9, 1991.

Accompanying the maintenance SIP are

new and amended rules to control

certain categories of sources which emit

volatile organic compound (VOC)

emissions, and the state's request to

redesignate the area to attainment with

respect to the ozone NAAQS.

II. Evaluation Criteria

Together the Missouri and Kansas

submittals meet all applicable

requirements of the 1990 Clean Air Act.

The EPA rulemaking docket checklist

(included with EPA's TSD) provides a

listing of applicable approval criteria.

However, some of these criteria merit

additional discussion which is contained

below.

With its submittal of the additional

VOC rule actions, Missouri meets the

Clean Air Act requirement that the SIP

include all reasonably available control

measures (RACM) (section 172(c)(1)).

The rules are also consistent with EPA

policy as outlined in "Issues Relating to

VOC Regulation Cutpoints, Deficiencies,

and Deviations-Clarification to

Appendix D of November 24, 1987

Federal Register," dated May 25, 1988

(referred to hereafter as the "Blue

Book").

The Missouri submittal also includes a

redesignation request, in which the state

demonstrates that the area has fulfilled

the redesignation requirements of the

amended Act. Section 107(d)(3)(E) of the

Act provides specific requirements for

redesignating a nonattainment area to

attainment:

A. The area must have attained the

applicable NAAQS (section

107(d)(3)(E)(i));

B. the area has a fully approved SIP

under section 110(k) of the Act

(section 107(d)(3)(E)(ii));

C. the air quality improvement must be

permanent and enforceable (section

107(d)(3)(E)(iii));

D. the area must have a fully approved

maintenance plan pursuant to section

175A of the Act (section

107(d)(3)(E)[iv)); and

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E. the area has met all relevant

requirements under section 110 and

part D of the Act (section 107(d}{3)(E)(v)).

Section 175A of the Act sets forth the

maintenance plan requirement for areas

seeking redesignation from

nonattainment to attainment. The plan

must demonstrate continued attainment

of the applicable NAAQS for at least ten

years after the area is redesignated.

Eight years after the redesignation, the

state must submit a revised

maintenance plan which demonstrates

attainment for the ten years following

the initial ten-year period. To provide

for the possibility of future NAAQS

violations, the maintenance plan must

contain contingency measures adequate

to assure prompt correction of the air

quality problem.

Im. Review of State Submittal

A. Maintenance Plan

1. Air Quality Data

The submittal contains an analysis of

ozone air quality data which is relevant

to the maintenance plan and to the

redesignation request. (The

redesignation request is discussed in

Section III.C of this notice.) Ambient

ozone monitoring data for 1989 through

1991 show attainment of the NAAQS in

the Kansas City area, i.e., less than one

expected exceedance per year. For a

complete discussion of the NAAQS, the

reader is referred to 40 CFR 50.9 and

appendix H to that section. Although the

1991 data are not yet fully quality

assured, EPA will review the quality of

these data in conjunction with its final

action of this SIP submittal. EPA will not

take final action approving the

redesignation unless it determines that

attainment is based on three years of

quality assured data.

Prior to the 1991 ozone season, the

state had planned to base the

redesignation request on the 1967

through 1989 air quality data; however,

these data did not indicate attainment in

strict accord with EPA's interpretation

of the ozone standard. Although, under

appendix H, attainment cannot be

shown by the 1987 through 1989 data,

the state's demonstration justifies the

use of 1989 emissions levels as being

representative of attainment.

2. Emissions Inventory

MDNR submitted comprehensive

inventories of actual VOC emissions

from point, area, and mobile sources.

Because 1989 emission data were not

consistently available for all VOC

sources in the KCMA, 1988 was selected

as the base year and was used to project

emissions to 1989 and future years. The

1989 VOC inventory is considered most

representative of attainment conditions

because: (1) No ozone exceedances

occurred in 1989;, and (2) EPA's Phase I

gasoline volatility controls (54 FR 11868)

were implemented in 1989, resulting in

significant VOC emission reductions.

Therefore, the attainment emission

inventory for purposes of this SIP is

based upon the 1989 emission values.

All VOC emission estimates were

reported in kilograms per typical

summer day. The state submittal

contains the detailed inventory data and

summaries by county and source

category.

The state demonstrated that point

source VOC emissions were not

artifically low due to local economic

downturn. The state examined historical

employment data for the Kansas City

area for the years 1987 through 1989. No

economic downturn was evident;

employment in the manufacturing sector

remained relatively stable during the

period.

The state's inventory methodology

was consistent with EPA guidance

applicable at the time the plan was

being developed (EPA-450/4-88-19,

December 1988). Eighty percent rule

effectiveness was applied for source

categories subject to state regulations.

Stationary sources with emissions

greater than 10 tons per year were

inventoried as point sources.

Mobile source emission estimates were generated using EPA's MOBILE4

model. For the 1988 base year (prior to

EPA volatility restrictions), a 10.5 psi

RVP gasoline volatility was used. In

accordance with the EPA Phase I

volatility restrictions, a 9.5 psi RVP

gasoline volatility was input for 1989.

For 1990 and 1991, a gasoline volatility

of 9.0 psi RVP was used in accord with

the KCMA's voluntary RVP reduction

program (discussed further below). In

accord with EPA's original June 11, 1990,

Phase II volatility restrictions (56 FR

23658), a gasoline volatility of 7.8 psi

RVP was assumed for 1992 and later

years.

Due to the marginal, but persistent,

history of ozone nonattainment in the

KCMA, EPA and the states of Missouri

and Kansas believed that an additional

areawide VOC control measure was

necessary to ensure that the ozone

standard could be maintained with an

adequate margin of safety. The states of

Missouri and Kansas, the Mid-America

Regional Council (MARC), and the

Chamber of Commerce worked

cooperatively to implement a voluntary

program to control the volatility of

gasoline supplied to the area for 1990

and 1991. Despite its voluntary nature,

the program reduced gasoline volatility

from 9.5 to 9.0 psi RVP from June 1

through September 1 in both 1990 and

1991. All petroleum refiners and pipeline

companies agreed to participate. Also,

the EPA Field Operations Support

Division performed volatility tests of

gasoline samples from the KCMA. The

tests confirmed that the program

achieved its goal. (As discussed in

section lIli.A.3. below, additional

reduction of gasoline volatility will be

accomplished, beginning in 1992, as a

result of EPA's Phase 11 volatility

standards.)

The voluntary RVP control program

resulted in a 8,189 kg/day areawide

reduction in the projected 1990 VOC

inventory. This equates to a 3.3 percent

reduction from the 1989 attainment VOC

inventory. Thus, the 8,189 kg/day VOC

reduction serves as the attainment

margin of safety. The states have

committed to maintain future VOC

emissions at or below the co-called "action level", i.e., VOC emissions will

not be allowed to encroach upon the

margin of safety. The action level

concept is detailed in the abovementioned EPA TSD.

3. Demonstration of Continued

Attainment

a. State demonstration. The state's

demonstration of continued attainment

relies, in part, on EPA's Phase II

gasoline volatility requirements. On June

11, 1990 (55 FR 23658), EPA promulgated

state-by-state Phase 11 RVP gasoline

standards in order to continue

reductions in VOC emissions.

Accordingly, under the Phase II

program, a fuel volatility limit of 7.8 psi

RVP was scheduled to become effective

in 1992 and each year thereafter during

the ozone season (May through

September) in the state of Missouri.

However, the federal gasoline

volatility requirements were modified

by the 1990 CAAA, and EPA

promulgated revised Phase 1I gasoline

volatility requirements on December 12,

1991 (56 FR 65704). This latest rule

revises the maximum allowable RVP

from 7.8 to 9.0 psi in those areas which

are currently designated as

unclassifiable or in attainment with the

NAAQS for ozone. However, as

applicable to the KCMA, the RVP limit

of 7.8 will go into effect as the area is

presently designated nonattainment.

The Missouri portion of the KCMA

was designated as nonattainment for

ozone in the recently published part 81

Federal Register notice, November 6,

1991 (56 FR 50788). Therefore,

continuation of the 7.8 psi RVP limit is

federally enforceable in the KCMA,

even after the area is redesignated to

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attainment, because of its

nonattainment designation in the

November 6, 1991 Federal Register

notice. Also, the requirement for 7.8 psi

RVP volatility is deemed necessary to

ensure attainment and maintenance of

the ozone standard as demonstrated by

the mobile source emissions inventory

projections (based on use of 7.8 psi RVP)

in Missouri's ozone maintenance plan

for the KCMA.

Areawide VOC emission were

projected for the ten-year period

following maintenance plan

development. The projections show that

the ozone standard will be maintained,

i.e., VOC emissions are not expected to

exceed the "action level" during this

time period. Areawide VOC emissions

are expected to decrease by over 20

percent during the next ten years.

The state's projection of VOC

emissions is based on the Federal Motor

Vehicle Control Program and EPA's

Phase II volatility controls. The

projections were developed prior to

passage of the 1990 CAAA

Amendments; thus, the federal on-board

vapor recovery requirement and the new

federal tailpipe standards were not

considered.

b. Additional EPA Analysis. At the

time Missouri and Kansas developed

their maintenance plans, the current

version of EPA's mobile source

emissions model was MOBILE4.O. Since

that time, MOBILE4.1 has become

available. MOBILE4.1 was run to

determine that effect, if any, the new

model would have on the demonstration

of continued attainment of the ozone

standard. For any given year,

MOBILE4.1 predicted lower VOC

emissions than MOBILE4.0; however,

the relative year-to-year trends were

essentially identical. Thus, the new

effect of MOBLLEA.1 on the

demonstration of continued attainment

was not significant

Using MOBILE4.1, the KCMA

attainment level of VOC emissions

changed from 245,060 kg/day to 227,007

kg/day. For this analysis, EPA

determined the action level of VOC

emissions to be 218,009 kg/day. Using

MOBILE4.1 for projecting the mobile

source component of the emissions

inventory, the total KCMA VOC

emissions in the year 2000 are projected

to be 183,601 kg/day, which is 16 percent

below the action level. Given this

substantial margin (34,408 kg/day), EPA

believes that VOC emissions will

remain below the action level through

the year 2002. (ten years after the

redesignation becomes effective).

EPA also performed an analysis of

projected NO. emissions for the KCMA.

Given that VOC emissions will remain

below the action level (as discussed

above in section III.A.2.) for the next ten

years, EPA wished to determine what

increases to NO, emissions, if any,

could be anticipated. Even with no

growth in VOC emissions, an increase in

NO. emissions (and the associated

changes in atmospheric chemistry) could

result in violations of the ozone

standard in the KCMA. EPA's analysis

showed no increase in KCMA NO.

emissions through the year 2005.

Therefore, with VOC emissions at, or

below, the action level, and with NO.

emissions not increasing, violations of

the ozone standard are not anticipated.

Pursuant to section 175A(a) of the Act,

EPA finds that the maintenance plan

demonstrates continued attainment of

the ozone standard for the ten-year

period following the effective date of the

redesignation.

4. Annual Tracking and Inventory

Updates

Continued attainment of the ozone

NAAQS in the KCMA depends, in part,

on the state's efforts toward tracking

VOC emissions. The state has

committed to completing comprehensive

VOC point source inventory updates at

least twice in each five-year period

following the effective date of the area's

redesignation. For years in which no

comprehensive update is performed, the

state will update the inventory using

source permit and shutdown data.

Area and mobile source inventories

will be updated at least once every five

years to take advantage of new data

and estimation procedures, e.g., U.S.

Census data, revised EPA mobile source

emission models, etc. For years in which

no comprehensive area and mobile

source inventories are developed, the

state will estimate emissions using the

most recently available projections from

existing area and mobile source

inventories

The state will submit annual progress

reports to EPA which will summarize

available VOC emissions data. Thus, on

an annual basis, EPA and the state can

ascertain whether actual VOC

emissions are within the attainment

inventory.

5. Contingency Plan

The level of VOC emissions in the

KCMA will largely determine its ability

to stay in compliance with the ozone

NAAQS in the future. Although further

reductions of VOC emissions are

projected to occur during the next ten

years, the state has provided

contingency measures to be

implemented in the event of a future

ozone air quality problem.

Two potential scenarios could result

in the implementation of contingency

measures. The first scenario would be

an increase in VOC emissions which

exceeds the "action line" level

(encroaching into the emission margin of

safety), but does not result in ozone

violations. The second situation,

regardless of the actual VOC emissions,

would be violations of the NAAQS. As

mentioned above, the state will provide

annual progress reports which will

evaluate the integrity of VOC emissions

safety margin. Section 5.3 of the state

submittal gives the details of the

contingency provisions under both

scenarios. Contingency measures

include: (1) VOC emission offsets for

new and modified stationary sources; (2)

transportation control measures; (3)

Stage II vapor recovery; (4) a vehicle I/

M program; (5) VOC controls on minor

new sources: and (6) RACT for sources

covered by new EPA Control Technique

Guideline (CTG) documents.

Contingency controls would require the

state's legislative and/or administrative

approval before they could be

implemented. The contingency measures

provided in the state submittal meet the

requirements of section 175A(d) of the

Act.

6. Commitment to Submit Subsequent

Maintenance Plan Revisions

In accord with section 175A of the

Act, the state has committed to submit a

revised maintenance SIP eight years

after the area is redesignated to

attainment.

B. Additional Reasonably Available

Control Technology (RACT) Regulations

In accord with section 172(b)(2) of the

1977 Act, the KCMA was required to

have SIP rules representing RACT for all

VOC source categories covered by

Group I, II, and III CTG documents.

RACT rules were also required for all

major non-CTG sources.

At the time EPA approved the SIP

control strategy (54 FR 10322 and 54 FR

46232), EPA and the state believed that

all the RACM requirements had been

met; rules were in place for all

applicable CTG and non-CTG source

categories. Moreover, the rules had been

revised for consistency with EPA's "Blue

Book." However, during the

maintenance plan development process,

EPA learned that the state needed an

additional RACT regulation to address

an unregulated non-CTG major source

category-lithographic printing. The

state also made corrections to its

cutback asphalt and definitions rules.

These rule actions are discussed below.

All of the state's existing and new VOC

RACT rules will remain in effect after

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the KCMA is redesignated to attainment

for the ozone NAAQS.

10 CSR 10-2.340 Control of Emissions

from Lithographic Printing Facilities

This non-CTG RACT rule applies to

nine existing facilities and new facilities

that have the potential to emit more

than 100 TPY of VOC from lithographic

printing operations. VOCs from heat-set

inks and the associated dryers are

required to be reduced by 90 to 93

percent over pre-RACT levels through

the installation of add-on control

equipment. Evaporative emissions from

cleanup solvents will be reduced by 49

percent, with VOCs from fountain

solutions decreasing by 8 percent. VOC

emission reductions from fountain

solutions are not as large as had been

anticipated because many of the subject

facilities have already reduced the use

of alcohol additives, or have converted

to low-VOC alcohol substitutes. The rule

was adopted by the Missouri Air

Conservation Commission (MACC) after

proper notice and public hearing and

will become effective ten days after its

date of publication in the Code of State

Regulations (CSR).

Appendix G of the state submittal

contains a demonstration that the rule

constitutes RACT. In its RACT

determination, the state generally relied

upon research conducted by other states

that have proposed or adopted similar

rules, feedback from local lithographic

printers, information provided by

printing trade associations and trade

publications, and research conducted for

EPA's pending publication of a CTG

document for lithographic printing

(scheduled for release sometime in 1992-

93).

10 CSR 10-2.220 Liquefied Cutback

Asphalt Paving Restricted

This rule, as amended, now applies

during the months of April through

October. Previously, the applicable

season had been May through

September. The rule now includes

recordkeeping requirements on the

production, sales, and use of cutback

asphalt. Such records must be

maintained for at least two years and

must be made available to the state

upon request. The rule amendment was

adopted by the MACC after proper

notice and public hearing and will

become effective ten days after its date

of publication in the CSR.

10 CSR 10-6.020 Definitions

In this rule, the state expanded its

definition of "person" so it would better

apply to the gasoline marketing

industry. The term "person" now applies

to any legal successor, employees, or

agents of the entities previously

included in the definition. The

definitions of "Reid Vapor Pressure"

and "gasoline" were updated, and a

definition of "retail outlet" was added.

The amendments to the definitions rule

were adopted by the MACC after proper

notice and public hearing and will

become effective ten days after being

published in the CSR.

EPA believes that these three rules (as

discussed above) constitute RACT for

all affected sources. Therefore, EPA

proposes approval of these rules.

C. Redesignation Request

The Missouri redesignation request

for the KCMA meets the five

requirements of section 107(d)(3](E).

Following is a brief description of how

the state has fulfilled each of these

requirements. EPA's TSD contains a

more in-depth analysis of the submittal

with respect to certain of these criteria.

1. Attainment of the Ozone NAAQS

The KCMA has provisionally met the

first statutory criterion of attainment of

the ozone NAAQS. EPA's analysis of the

ozone air quality data is discussed

above in Section III.A.1. EPA will not

take final action approving the

redesignation unless it determines that

attainment is based on three years of

quality assured data.

2. Reductions are Permanent and

Enforceable

EPA approved the Missouri SIP

control strategy for the KCMA satisfied

that the rules, and therefore the

emission reductions achieved as a result

of those rules, were enforceable. Since

that time, the Agency has remained

satisfied with those rules and has not

issued a SIP call pursuant to section

110(a)(2](H), finding them to be

inadequate. The emissions inventory,

discussed in section III.A.2. above, is

based on reductions achieved through

control measures in the SIP; therefore,

EPA finds that the emission reductions

are permanent and enforceable.

3. A Fully Approved Maintenance Plan

In today's notice, EPA is proposing

approval of the state's maintenance plan

for the KCMA. As discussed above in

Section III.A., EPA finds that the

Missouri submittal meets the

requirements of section 175A. If EPA

determines after notice and comment

that it should give final approval to the

maintenance plan, the KCMA will have

a fully approved maintenance plan in

accordance with section 175A. EPA will

not redesignate the area to attainment

before it gives final approval to the

maintenance plan.

4. Fully Approved SIP Meeting the

Requirements of section 110 and Part D

a. Section 110 Requirements. In 1980

and 1989, EPA fully approved the state's

SIP for the KCMA as meeting the

requirements of section 110(a)(2) of the

1977 Act (45 FR 24140, 45 FR 85005, 54

FR 10322, and 54 FR 46232). The

amended Act, however, modifies several

of these requirements. Moreover, the

amended Act requires that for

redesignation a nonattainment area

must have a fully approved SIP under

section 110(k)-a new provision. EPA

addresses the modified portions of

section 110(a)(2) below. As discussed in

Section III.B above, the state has

submitted two new rules for SIP

approval. By today's action, EPA

proposes approval of these two rules,

and the maintenance plan. Contingent

upon final approval of the SIP, EPA

proposes approval of the Missouri SIP

for the KCMA under section 110(k) of

the amended Act. EPA will not take

final action redesignating the KCMA to

attainment until it has issued a final

approval of the entire SIP for the KCMA.

Although section 110 was amended by

the CAAA, the KCMA SIP meets the

requirements of amended section

110(a)(2). A number of the requirements

did not change in substance-section

110(a)(2)(B); (C); (E) (i) and (ii); (F); (G);

(I); (J); (L) and (M)-and, therefore, EPA

has determined that the presence of a

fully approved SIP indicates that these

requirements have been met.

A few of the other requirements

deserve a more detailed analysis. First,

the section 110(a)(2) requirement that all

elements of the SIP are enforceable, is

essentially the same as the section

172(c)(6) requirement. As discussed

below in relation to the section 172(c)(6)

requirement, we have found that the

existing SIP contains the necessary

enforceable measures. Section, as to

section 110(a)(2)(D, which also remains

essentially unchanged, it is important to

note that the state has provisions

adequate to ensure that it is not

contributing to nonattainment problems

across the state border. These

provisions are found in the existing SIP.

Third, section 110(a)(2)(E)(iii)

establishes a new requirement that the

state retain the responsibility for

ensuring adequate implementation of

the SIP elements. Since the state

adopted and submitted the rules, it has

retained direct responsibility for

ensuring adequate implementation.

Fourth, new section 110(a)(2)(I)

reinforces the requirement that the state

comply with all Part D requirements

(discussed further below). Finally,

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section 110(a)(2)(K) reinforces EPA's

authority to require states to do air

quality modeling to support SIP

demonstrations. Since EPA is approving

the demonstration of continued

attainment in the maintenance plan,

Missouri has met this requirement for

purposes of redesignating the Missouri

portion of the Kansas City ozone

nonattainment area to attainment.

b. Part D Requirements. Before the

KCMA may be redesignated to

attainment, it also must have fulfilled

the applicable requirements of Part D.

Under Part D, an area's classification

indicates the requirements to which it

will be subject. Subpart 1 of Part D sets

forth requirements applicable to all

nonattainment areas regardless of

classification. Subpart 2 of Part D

establishes requirements for areas

classified as marginal or above. For

ozone nonattainment areas,

classification is based on the design

value of the area. Areas that violated

the ozone'standard during the three-year

period (1987 through 1989), but had a

design value of less than 0.121 ppm, fell

below the classification cutpoint of

section 181 and were, therefore, deemed "submarginal" as of the date of

enactment of the 1990 Amendments to

the Act. On November 6, 1991, the

KCMA was classified as submarginal

(56 FR 56694). Therefore, in order to be

redesignated, the state need only meet

the requirements of subpart 1 of Part D.

Specifically, the state must meet the

requirements set forth in section 172(c)

and section 176.

1. Section 172(c) Plan Provisions

Since EPA did not issue a SIP call

after the state's 1988 approved

submittal, the section 172(c)(1) RACM

requirement (which is the same as the

requirement is preamended section

17(b)(2) and (3)) was met by EPA's

approval of the SIP under the

preamended Act. The state has actually

attained the standard based on the three

years of data from 1989 through 1991.

Section 172(c)(1) requires the state to

adopt and implement RACM as

expeditiously as practicable and to

provide for the attainment of the

NAAQS. At the time EPA approved the

KCMA plan, the Agency determined

that it was consistent with RACT and

RACM requirements of the Act. As

discussed previously herein, EPA later

determined that additional RACT rules

were needed in the KCMA. The

additional RACT rules, included in the

state submittal, fulfill the RACT and

RACM requirements of the Act.

The RACM requirement also provides

that the SIP must provide for attainment.

EPA never acted on Missouri's

attainment demonstration for the

KCMA. Under the amended Clean Air

Act, the attainment demonstration

requirement no longer applies to ozone

nonattainment areas that are classified

as marginal (section 182(a)(4)). For

marginal areas, this specific provision

overrides the general attainment

demonstration requirement of section

172(c)(1) that is applicable to all ozone

nonattainment areas. On November 6,

1991, the KCMA was designated as a

submarginal ozone nonattainment area

(56 FR 56694). Since submarginal areas,

such as Kansas City, have an even less

severe ozone problem than marginal

areas, EPA is interpreting the section

172(c)(1) attainment demonstration

requirement not to apply to submarginal

areas. Therefore, it is not necessary for

EPA to take final action on the existing

attainment demonstration for purposes

of redesignating the Missouri portion of

the Kansas City ozone nonattainment

area.

Several section 172(c) requirements

lose their continued force once an area

has demonstrated attainment and

maintenance of the NAAQS. The

requirement for reasonable further

progress (RFP) only has relevance

during the time it takes an area to attain

the NAAQS-each year the area must

make RFP toward attainment. EPA

originally approved the KCMA RFP

demonstration under preamended

section 172(c)(2) for the period preceding

the statutorily approved attainment

date. The preamended section 172(b)[3)

requirement is essentially the same as

the new section 172(c)(2) RFP

requirement. Since the KCMA has

attained the NAAQS, its SIP has already

achieved RFP toward that goal. In

addition, because the KCMA has

attained the NAAQS and is no longer

subject to an RFP requirement, the

section 172(c) contingency measures are

not applicable. Such contingency

measures must take effect if the area

fails to meet an RFP milestone or fails to

attain the NAAQS; the KCMA no longer

has RFP milestones and has already

attained the standard. The area,

however, is still subject to the section

175A contingency measures.

Similarly, once an area is

redesignated to attainment,

nonattainment new source review (NSR)

requirements are not applicable. The area is then subject to prevention of

significant deterioration (PSD)

requirements instead of the NSR

program. EPA does not believe it

appropriate to require the state to adopt

a revised NSR program (meeting the

requirements of the amended Act) just

to qualify for redesignation, since that

program will be replaced by the existing

Missouri PSD program upon

redesignation and any corresponding

amendments to the state rules.

As discussed in Section III.A.2. above,

the state submittal includes an

emissions inventory. The maintenance

plan emissions inventory fulfills the

section 172(c) requirement.

2. Conformity

Section 176 of the Act requires states

to develop transportation/air quality

conformity procedures which are

consistent with federal conformity

regulations and to submit these

procedures as a SIP revision by

November 15,1992. EPA has not

promulgated final conformity

regulations; however, the state has

committed to develop conformity

procedures consistent with the final

federal regulations and will submit an

appropriate SIP revision. Pages 95 and

96 of the state submittal discuss the

general principles to which the state will

adhere in developing conformity

procedures for the Kansas City area.

On June 7,1991, EPA and the

Department of Transportation issued

Interim Conformity Guidance for

completing conformity determinations

until the final conformity regulations are

promulgated. MARC (the metropolitan

planning organization for the Kansas

City area) completed a conformity

determination for Kansas City regional

transportation plans and programs

under the Interim Guidance, which the

state has reviewed and approved. The

conformity determination is included as

appendix L to the state submittal.

EPA believes that the section 176

conformity requirement is sufficiently

met because the promulgation date for

conformity procedures has not passed

and the state has committed to adopt

appropriate procedures.

IV. Conclusion

EPA is soliciting public comments on

this notice and on issues relevant to

EPA's proposed action. Comments will

be considered before taking final action.

Interested parties may participate in the

federal rulemaking procedure by

submitting written comments to the

address above.

Proposed Action

In today's notice, EPA proposes to

approve the Kansas City ozone

maintenance plan, and the RACT rule

submittals, because it meets the

requirements of section 175A. In

addition, the Agency is proposing

approval of the redesignation request for

the Kansas City area, subject to final

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approval of the maintenance plan,

because the state has demonstrated

compliance with the requirements of

section 107(d)(3)(E) for redesignation.

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 the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under 5 U.S.C. 605(b), EPA certifies

that this SIP revision and redesignation

will not have a significant economic

impact on a substantial number of small

entities (see 46 FR 8709).

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons,

Intergovernmental relations, and Ozone.

List of Subjects in 40 CFR Part 81

Air pollution control, National parks,

and Wilderness areas.

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

Dated: January 3, 1992.

Morris Kay,

RegionalAdministrator.

IFR Doc. 92-1068 Filed 1-14-92; 8:45 am]

BILUNG CODE 6560-50-M

40 CFR Parts 52 and 81

[K51-1-5370; FRL-4093-4]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Kansas

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Ambient air quality data for

the period 1989 through 1991 indicate

that the Kansas City ozone

nonattainment area has attained the

National Ambient Air Quality Standard

(NAAQS) for ozone. Therefore, in

accordance with the Clean Air Act

Amendments (CAAA) of 1990, the state

of Kansas has submitted an ozone

maintenance plan which projects

continued attainment of the ozone

standard in the Kansas City area, and

has requested redesignation of the area

to attainment for the ozone NAAQS.

EPA is proposing to approve the Kansas

City ozone maintenance plan as a

revision to the Air Pollution Control

State Implementation Plan (SIP) for the

state of Kansas. In conjunction with the

maintenance plan, EPA is also proposing

to approve Kansas' request to

redesignate the Kansas City area to

attainment with respect to the ozone

NAAQS. In a separate Federal Register

notice published today, EPA is also

proposing to approve an analogous plan

and redesignation request submitted by

the Missouri Department of Natural

Resources to address the Missouri

portion of the ozone nonattainment area.

DATES: Comments must be received by

February 14, 1992.

ADDRESSES: Comments should be sent

to Larry A. Hacker, Environmental

Protection Agency, Region VII, Air

Branch, 726 Minnesota Avenue, Kansas

City, Kansas 66101. The state submittal

and the EPA-prepared technical support

document (TSD) are available for public

review at the above address and at the

Kansas Department of Health and

Environment, Forbes Field, Building 740,

Topeka, Kansas 66620.

FOR FURTHER INFORMATION CONTACT.

Larry A. Hacker at (913) 551-7020 (FTS

276-7020.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act as amended in 1977

("the 1977 Act") required areas failing to

meet the ozone NAAQS to develop SIPs

with sufficient control measures to

expeditiously attain and maintain the

standard (section 172(a)). The Kansas

City metropolitan area (KCMA) was

designated under section 107 of the 1977

Act as nonattainment with respect to

the ozone NAAQS on March 3, 1978.

(The designations for Kansas are

codified at 40 CFR 81.317.) The Kansas

Department of Health and Environment

(KDHE) submitted a Part D ozone SIP on

September 17, 1979, which EPA fully

approved as meeting the requirements of

section 110 and Part D of the 1977 Act.

The 1979 SIP projected attainment by

December 31, 1982, making the KCMA

area a "nonextension area" under

section 172 of the 1977 Act. Although the

KCMA appeared to have met the ozone

standard by the end of 1982, additional

violations occurred in 1983 and 1984. On

February 20, 1985, EPA notified the

Governor of Kansas, pursuant to section

110(a)(2)(H), that the SIP was

substantially inadequate to attain the

ozone NAAQS (50 FR 26198).

In response to the SIP call, KDHE

submitted a revised SIP on July 2, 1986,

which demonstrated attainment by

December 31, 1987. EPA fully approved

the revised SIP on May 18, 1988 (53 FR

17700). At that time, EPA believed that

the area has achieved the standard as

the 1985 through 1987 air quality data

showed attainment. However, ozone

violations occurred in June of 1988. More

recently, however, the 1989 through 1991

air quality data show attainment of the

ozone NAAQS. In an effort to comply

with the 1990 CAAA (Pub. L. 101-549),

and to ensure continued attainment of

the standard with an adequate margin of

safety, the state submitted an ozone

maintenance SIP for the Kansas City

area on October 23, 1991. Accompanying

the maintenance SIP are new rules to

control certain categories of sources

which emit volatile organic compound

(VOC) emissions, and the state's request

to redesignate the area to attainment

with respect to the ozone NAAQS.

II. Evaluation Criteria

Together, the Kansas and Missouri

submittals meet all the applicable

requirements of the 1990 CAA. The EPA

rulemaking docket checklist (included

with EPA's TSD) provides a listing of

applicable approval criteria. However,

some of these criteria merit additional

discussion which is contained below.

With its submittal of two additional

new VOC rules, Kansas meets the CAA

requirement that the SIP include all

reasonably available control measures

(RACM) (section 172(c)(1)). The rules

are also consistent with EPA policy as

outlined in "Issues Relating to VOC

Regulation Cutpoints, Deficiencies, and

Deviations-Clarification to appendix D

of November 24, 1987 Federal Register,"

dated May 25, 1988 (referred to hereafter

as the "Blue Book").

The Kansas submittal also includes a

redesignation request, in which the state

demonstrates that the area has fulfilled

the redesignation requirements of the

amended Act. Section 107(d)(3)(E) of the

Act provides specific requirements for

redesignating a nonattainment area to

attainment.

A. the area must have attained the

applicable NAAQS (section

107(d)(3)(E)(i));

B. the area has a fully approved SIP

under section 110(k) of the Act (section

107(d)(3)(E)(ii));

C. the air quality improvement must

be permanent and enforceable (section

107(d)(3)(E)(iii)];

D. the area must have a fully

approved maintenance plan pursuant to

section 175A of the Act (section

107(d)(3)(E)(iv)); and

E. the area has met all relevant

requirements under section 110 and Part

D of the Act (section 107(d)(3)(E)(v)).

Section 175A of the Act sets forth the

maintenance plan requirement for areas

seeking redesignation from

nonattainment to attainment. The plan

must demonstrate continued attainment

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