Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations 39747

1See 34 FR 8186, April 30, 1971, and 50 FR

25544, June 19, 1985, codified at 40 CFR 50.11.

Nitrogen dioxide is a light brown gas that can

irritate the lungs and lower resistance to respiratory

infections such as influenza. The principal sources

of nitrogen oxides are high-temperature combustion

processes, such as those occurring in motor vehicles

and power plants.

2EPA’s monitoring requirements for NO2 are

codified at 40 CFR 50, Appendix F. In determining

whether an NO2 nonattainment area has attained

the NAAQS, EPA considers not only the most

recent four quarters of monitored ambient air

quality data available, but also the previous four

quarters of monitoring data ‘‘to assure that the

current indication of attainment was not the result

of a single year’s data reflecting unrepresentative

meteorological conditions.’’ 43 FR 8962 (March 3,

1978).

3By the date of enactment of the 1990

amendments, the South Coast was the only

remaining area in the country designated as

nonattainment for NO2. For a description of the

boundaries of the South Coast Air Basin (also

known as the Los Angeles-South Coast Air Basin

Area), see 40 CFR 81.305. The nonattainment area

includes all of Orange County and the non-desert

portions of Los Angeles, San Bernardino, and

Riverside Counties.

requirements preclude the use of the

five-day advance notice provision, no

advance notice will be required for

violations of SIP requirements

contained in permits.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Particulate matter.

Note: Incorporation by reference of the

Implementation Plan for the State of Oregon

was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: July 9, 1998.

Chuck Clarke,

Regional Administrator, Region 10.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1.The authority citation for Part 52

continues to read as follows:

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

Subpart MM—State of Oregon

2. Section 52.1970 is amended by

adding paragraph (c) (126) to read as

follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * *

(126) On August 31, 1995, and

October 8, 1996, the Director of ODEQ

submitted to the Regional Administrator

of EPA revisions to its Oregon SIP: the

Oregon Administrative Rules (OAR)

Chapter 340, Division 25, Specific

Industrial Standards (OAR 340–25–305,

320 and 325).

(i) Incorporation by reference.

(A) August 31, 1995, letter from

ODEQ to EPA submitting a revision to

the Oregon Administrative Rules (OAR);

OAR 340–25–305, State effective on

February 17, 1995.

(B) October 8, 1996, letter from ODEQ

to EPA submitting a revision to the

Oregon Administrative Rules (OAR);

OAR 340–25–320 and OAR 340–25–325,

State effective on January 29, 1996.

[FR Doc. 98–19834 Filed 7–23–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[CA–189–0078(a); FRL–6127–1]

Approval and Promulgation of State

Implementation Plans and

Redesignation of the South Coast Air

Basin in California to Attainment for

Nitrogen Dioxide

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on attainment and maintenance

plans and a request submitted by the

California Air Resources Board (CARB)

to redesignate the South Coast Air Basin

(South Coast) from nonattainment to

attainment for the National Ambient Air

Quality Standards (NAAQS) for

Nitrogen Dioxide (NO2). Under the

Clean Air Act (CAA), designations can

be revised if sufficient data are available

to warrant such revisions. In this action,

EPA is approving the attainment and

maintenance plans as revisions to the

California State Implementation Plan

(SIP), and EPA is also approving the

State’s request to redesignate the South

Coast to attainment because the plans

and request meet the requirements set

forth in the CAA.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

and grant the redesignation request

should relevant adverse comments be

filed.

DATES: This rule is effective September

22, 1998 unless the Agency receives

relevant adverse comments to the

rulemaking by August 24, 1998. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Comments should be

addressed to the EPA contact below.

The rulemaking docket for this notice

may be inspected and copied at the

following location during normal

business hours. A reasonable fee may be

charged for copying parts of the docket.

Environmental Protection Agency,

Region 9, Air Division, Air Planning

Office (AIR–2), 75 Hawthorne Street,

San Francisco, CA 94105–3901.

Copies of the SIP materials are also

available for inspection at the addresses

listed below:

California Air Resources Board, 2020 L

Street, Sacramento, CA 92123–1095

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765–4182

FOR FURTHER INFORMATION CONTACT:

Dave Jesson, Air Planning Office (AIR–

2), Air Division, U.S. EPA, Region 9, 75

Hawthorne Street, San Francisco, CA

94105–3901. Telephone: (415) 744–

1288.

SUPPLEMENTARY INFORMATION:

I. Clean Air Act Requirements

Under section 109 of the CAA, EPA

established primary and secondary

NAAQS for NO2 in 1971, and slightly

revised the NAAQS in 1985.1 The level

of both the primary and secondary

NAAQS is 0.053 parts per million

(ppm), or 100 micrograms per cubic

meter, annual arithmetic mean

concentration. The standards are

attained when the annual arithmetic

mean concentration in a calendar year is

less than or equal to 0.053 ppm, based

upon hourly data that are at least 75%

complete.2

The Federal CAA was substantially

amended in 1990 to establish new

planning requirements and attainment

deadlines for the NAAQS. Under

section 107(d)(1)(C) of the amended Act,

an area designated nonattainment prior

to enactment of the 1990 amendments

(as was the South Coast Air Basin) was

designated nonattainment by operation

of law.3 Under section 191 of the Act,

an NO2 area designated nonattainment

under section 107(d) was required to

submit to EPA within 18 months of the
39748 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations

4EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

5The initial NO2 SIP for the South Coast was

adopted on April 3, 1992, and submitted on May

15,1992. EPA did not act on this plan since

significant revisions to the emissions inventory and

control strategy were already in progress. The plan

was revised as part of a 1994 AQMP update, which

was adopted on September 9, 1994, and submitted

on November 15, 1994. A revision to the 1994

AQMP was adopted on April 12, 1996, and

submitted on July 10, 1996. On January 8, 1997,

EPA approved the portions of the 1994 AQMP (as

revised in 1996) relating to ozone, including the

commitments to adopt additional measures to

reduce emissions of volatile organic compounds

(VOC) and oxides of nitrogen (NOX).

6EPA’s general guidance for preparing emission

inventories is referenced in Appendix B to the

General Preamble (57 FR 18070, April 28, 1992).

7The South Coast area was designated

nonattainment for NO2 before the date of enactment

of the 1990 amendments, but the area lacked a fully

approved SIP for NO2. Consequently, the area was

subject to the provisions of CAA section 191(b),

which required submittal of an attainment plan

within 18 months of enactment of the 1990

amendments (or May 15, 1992), and section 192(b),

which required attainment within 5 years after the

date of enactment of the amendments (or November

15, 1995).

designation a plan meeting the

requirements of Part D of the Act. Under

section 192 of the Act, such plans were

required to provide for attainment of the

NAAQS as expeditiously as practicable

but no later than 5 years from the date

of designation. In addition, Section 172

of the Act contains general requirements

applicable to SIPs for nonattainment

areas.

The most fundamental of the CAA

provisions for NO2 nonattainment areas

is the requirement that the State submit

a SIP demonstrating attainment of the

NAAQS as expeditiously as practicable

but no later than the applicable CAA

deadline. Such a demonstration must

provide enforceable measures to achieve

emission reductions each year leading

to emissions at or below the level

predicted to result in attainment of the

NAAQS throughout the nonattainment

area.

EPA has issued a ‘‘General Preamble’’

describing the Agency’s preliminary

views on how EPA intends to act on

SIPs submitted under Title I of the Act.

See generally 57 FR 13498 (April 16,

1992) and 57 FR 18070 (April 28, 1992).

The reader should refer to the General

Preamble for a more detailed discussion

of EPA’s preliminary interpretations of

Title I requirements. In this rulemaking

action, EPA is applying these policies to

the South Coast NO2 SIP submittal,

taking into consideration the specific

factual issues presented.

Section 107(d)(3)(E) of the 1990 CAA

Amendments provides five specific

requirements that an area must meet in

order to be redesignated from

nonattainment to attainment.

1. The area must have attained the

applicable NAAQS;

2. The area must have a fully

approved SIP under section 110 of CAA;

3. The air quality improvement must

be permanent and enforceable;

4. The area must have a fully

approved maintenance plan pursuant to

section 175A of the CAA; and

5. The area must meet all applicable

requirements under section 110 and Part

D of the CAA.

II. Description of SIP Submittal

On February 5, 1997, CARB submitted

as a revision to the California SIP the

1997 Air Quality Management Plan

(AQMP) for the South Coast Air Basin

(SCAB), Antelope Valley, and Coachella

Valley, adopted by the South Coast Air

Quality Management District

(SCAQMD) on November 15, 1996. This

submittal, which included a revised

South Coast NO2 attainment plan and a

maintenance plan, was found to be

complete on April 1, 1997, with respect

to portions of the AQMP relating to NO2

SIP requirements.4 The 1997 NO2 plan

supersedes all prior submittals.5 This

submittal was supplemented by

documentation providing information to

substantiate the redesignation request.

The additional documentation was

submitted on March 4, 1998, and

determined to be complete on May 5,

1998.

This 1997 NO2 plan provides, among

other things, a demonstration of

attainment of the NO2 NAAQS, updated

historic and projected emission

inventories, amended contingency

measures, and corrected air quality

modeling analyses using the revised

inventories.

III. EPA Review of the SIP Submittal

A. Attainment Plan

1. Procedural Requirements

Both the SCAQMD and CARB have

satisfied applicable statutory and

regulatory requirements for reasonable

public notice and hearing prior to

adoption of the plan. The SCAQMD

conducted numerous public workshops

and public hearings prior to the

adoption hearing on November 15,

1996, at which the 1997 AQMP was

adopted by the Governing Board of the

SCAQMD (Resolution No. 96–23). On

January 23, 1997, the Governing Board

of CARB adopted the plan (Resolution

No. 97–1). The plan was submitted to

EPA by Michael P. Kenny, Executive

Officer of CARB, on February 5, 1997.

The SIP submittal includes proof of

publication for notices of SCAQMD and

CARB public hearings, as evidence that

all hearings were properly noticed.

Supplemental information from the

SCAQMD and a formal redesignation

request by the State (Executive Order G–

125–231) were formally submitted to

EPA by Michael P. Kenny on March 4,

1998. The supplemental information

was submitted pursuant to the

resolutions by the Governing Boards of

SCAQMD and CARB in adopting the

1997 AQMP.

Therefore, EPA proposes to approve

the NO2 plan as meeting the procedural

requirements of section 110(a)(1) of the

CAA.

2. Emissions Inventory

Appendix III of the 1997 AQMP

includes planning emission inventories

for NOX for the historical years 1987,

1990, and 1993. The plan also includes

future year inventories through the year

2010, both with and without planned

controls. The inventories detail

emissions from all stationary and

mobile source categories.

EPA emissions inventory guidance

allows approval of California’s motor

vehicle emissions factors in place of the

corresponding federal emissions

factors.6 The motor vehicle emissions

factors used in the plan were generated

by the CARB EMFAC7G and

BURDEN7G program. The gridded

inventory for motor vehicles was then

produced using an updated Caltrans

Direct Travel Impact Model (DTIM2) to

combine EMFAC7G data with

transportation modeling performed by

the Southern California Association of

Governments (SCAG). SCAG also

provided the socioeconomic data used

in the plan.

The baseline emissions inventory

meets CAA requirements in that it is

comprehensive, accurate, and current.

EPA approves the emissions inventory

portion of the plan as meeting the

requirements of section 172(c)(3) of the

CAA.

3. Attainment Demonstration

The 1990 CAA Amendments required

the South Coast to demonstrate

attainment no later than November 15,

1995.7 The demonstration must show

that emissions will be (or have been)

reduced to levels at which the NO2

NAAQS will not be exceeded. This

means that the SIP must show that the

annual arithmetic mean of NO2 ambient

concentrations will not exceed 0.053

ppm at any location within the

nonattainment area.

The peak annual arithmetic mean

concentrations for all monitoring

stations in the South Coast have been
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations 39749

8See, for example, the General Preamble at 57 FR

13563 (April 16, 1992).

0.0507 ppm in 1992, 0.0499 ppm in

1993, 0.0499 ppm in 1994, 0.0464 ppm

in 1995, 0.0461 ppm in 1996, and 0.043

ppm in 1997. Thus, the South Coast has

not exceeded the NO2 NAAQS since

1991 at any of the 24 monitoring

locations in the air basin.

The South Coast monitoring network

is reviewed annually by CARB and EPA,

and has been determined to be generally

reflective of air quality throughout the

air basin. Periodic CARB and EPA

reviews also confirm that the data

collected has met applicable Federal

standards for quality assurance.

As discussed below in the description

of the maintenance plan provisions, the

SCAQMD has also performed modeling

for key locations in the air basin to show

that future NO2 concentrations will

remain below the NAAQS, taking credit

for only those controls that were already

fully adopted in regulatory form by

September 30, 1996. This modeling

shows a continuing decline in NO2

concentrations throughout the air basin.

EPA approves the attainment

demonstration portion of the plan as

meeting the requirements of sections

192(b) of the CAA, since it demonstrates

that the area attained the NAAQS before

the applicable deadline of November 15,

1995.

4. Additional Attainment Plan

Requirements

Section 172(c)(1) requires that plans

provide for the implementation of all

reasonably available control measures

(RACMs) as expeditiously as

practicable, including the adoption of

reasonably available control technology

(RACT). In numerous prior actions, EPA

has approved NOX RACT regulations for

the SCAQMD. The SCAQMD’s extensive

NOX regulations are generally

recognized as among the most stringent

and comprehensive in the nation.

Therefore, EPA approves the NO2 plan

with respect to the RACM requirement

of section 172(c)(1).

Section 172(c)(2) of the CAA requires

that nonattainment area plans require

reasonable further progress (RFP),

which section 171(1) defines as ‘‘annual

incremental reductions in emissions of

the relevant air pollutant as are required

* * * for the purpose of ensuring

attainment * * * by the applicable

date.’’ The emissions inventory data

included in the 1997 AQMP and

supplement show significant annual

declines in NOX emissions from 1990

through the present. These reductions,

derived from SCAQMD stationary and

area source controls and CARB mobile

source controls, were sufficient to

prevent violations of the NO2 NAAQS

after 1991, several years before the

statutory attainment deadline of 1995.

Therefore, EPA approves the plan as

meeting the RFP requirements of section

172(c)(2).

CAA sections 172(c)(4) and (5) require

that nonattainment plans quantify

emissions from major new or modified

stationary sources, and include a permit

program for these sources that meets the

requirements of section 173. The 1997

plan’s emissions inventory includes

projections of emissions from new

sources. EPA has previously approved

the South Coast’s permit program

(Regulation XIII) as meeting the

requirements of the CAA and EPA’s

New Source Review regulations. See 61

FR 64291 (December 4, 1996).

Therefore, EPA approves the plan as

meeting the new source requirements of

sections 172(c)(4) and (5) of the CAA.

CAA section 172(c)(9) requires that

nonattainment plans include

contingency measures to take effect if

the area fails to meet RFP or to attain by

the applicable deadline. Since the area

attained the NO2 NAAQS before its

deadline, this requirement is no longer

germane. In Section III.B., below, EPA

addresses the contingency measure

requirement for the NO2 maintenance

plan.

B. Maintenance Plan and Redesignation

1. Attainment of the NAAQS

The supplemental information

submitted on March 4, 1998, includes

Attachment A, which presents a table

displaying NO2 annual arithmetic

average values for all South Coast

monitors for the period 1976 through

1996. This table indicates that the last

year with an NO2 violation was 1991,

when the Pomona site had a 0.0550 ppm

value, slightly above the 0.053 ppm

NAAQS. During the most recent year

shown in the submittal (1996), only 5 of

23 stations had values above 0.0400

ppm. The peak value, at the East San

Fernando Valley site, was 0.0461 ppm,

approximately 15% below the NAAQS.

Data for 1997 entered in EPA’s

Aerometric Information Retrieval

System (AIRS) show that air quality has

improved further, with a peak

concentration of 0.043 ppm for the year,

almost 20% below the NAAQS. The

docket for this rulemaking includes the

SCAQMD data summary and the AIRs

data for 1997.

The South Coast more than meets

applicable EPA redesignation

requirements for NO2, since the area has

reached and then sustained attainment

by having had no exceedances of the

NAAQS for 6 complete, consecutive

calendar years.

2. Approval of the Applicable

Implementation Plan

As set forth in Section III.A. above,

this criterion for redesignation is

satisfied because the NO2 plan for the

South Coast is fully approved.

3. Improvement in Air Quality Due to

Permanent and Enforceable Measures

Redesignation to attainment requires

that the improvements in air quality

must be shown to have occurred

because of enforceable controls, rather

than as a result of temporary economic

conditions or favorable meteorology.

The South Coast NOX emissions

inventory shows increases in activity

levels for most of the significant

categories (including motor vehicle use)

during the years with no NO2 violations.

This shows that the reductions in NOX

emissions are not due to an economic

recession, but are associated with the

impact of permanent and enforceable

CARB controls on mobile source

emissions and SCAQMD regulations on

stationary and area sources. Fleet

turnover and progressively more

stringent CARB requirements for future

year vehicles and engines are expected

to sustain this continuing decline in

areawide NOX emissions, despite

projected growth. Therefore, this

redesignation criterion is met.

4. Fully Approved Maintenance Plan

Section 175A of the CAA requires

States to submit maintenance plans for

areas eligible for redesignation to

attainment. The maintenance plan must

include four elements: an emissions

inventory, a demonstration that the

NAAQS will be maintained for at least

10 years from the date of redesignation,

contingency measures, and a

commitment to submit a revised

maintenance SIP eight years after the

area is redesignated to attainment.

a. Emissions inventory. As discussed

above, the 1997 plan includes baseline

inventory data for 1987, 1990, and 1993,

and thus covers the period associated

with attaining the NAAQS, as required

for maintenance plans.8

As discussed above in Section II, the

emission inventories meet applicable

inventory requirements and EPA also

approves the inventory portions of the

plan under section 175A.

b. Demonstration of maintenance. For

the maintenance demonstration, the

plan must either demonstrate that the

future year inventory will not exceed

the inventory that existed at the time of

the request for redesignation, or include

a modeling analysis showing that the
39750 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations

9See 62 FR 1150–1187 (January 8, 1997), EPA’s

final approval of the California ozone SIPs, which

lists the federally approved CARB and SCAQMD

measures, along with both the VOC and NOX

reductions associated with the measures for each

ozone milestone year through 2010 (1999, 2002,

2005, 2008, and 2010).

future mix of emissions, assuming

existing SIP controls, will not cause

violations of the NAAQS.

The 1997 NO2 plan projects baseline

emissions to 2010. The table below,

labeled ‘‘South Coast NOX Emissions,’’

shows the decline in NOX emissions

from 1993 through 2010, assuming no

new control measures. Projections are

made for Pomona because that area has

generally experienced the highest

measured annual NO2 concentrations in

the air basin.

SOUTH COAST NOX EMISSIONS IN

TONS PER WINTER DAY FOR THE

SOUTH COAST AIR BASIN AND THE

POMONA AREA

[1997 AQMP, Appendix V, Table 1–1]

Year SCAB Pomona

1993 .............................. 1284 36.7

2000 .............................. 960 28.0

2010 .............................. 759 21.9

The SCAQMD also employed a linear

rollback modeling approach, assuming

that ambient concentrations are directly

proportional to emissions in adjacent

areas. The analysis used NO2/NOX ratios

averaged over the period 1992–4 for

each site. The results of this modeling

analysis show annual average NO2

concentrations for a 2010 baseline

scenario, assuming reductions only from

existing regulations. At the peak site

(Pomona), the projected concentration is

approximately 0.030 ppm, more than

45% below the NAAQS.

c. Contingency measures.

Maintenance plans for attainment areas

must include contingency provisions, or

extra measures beyond those needed for

attainment, to offset any unexpected

increase in emissions and ensure that

the standard is maintained (175(A)(d)).

Typically, contingency measures are

held in reserve and implemented only if

an area violates the standard in the

future. However, the California SIP

already includes fully adopted

regulations which will generate (as

shown above) reductions in NOX

emissions in future years that will

provide an ample margin of safety to

ensure maintenance of the standard and

to provide adequate additional

reductions to cover the contingency

requirements. These regulations include

the California motor vehicle and fuels

program, California and Federal

requirements for nonroad vehicles and

engines, and SCAQMD ‘‘declining cap’’

regulations for stationary sources: Rule

1135—Emissions of Oxides of Nitrogen

from Electric Power Generating

Systems, and Regulation XX—Regional

Clean Air Incentives Market

(RECLAIM). In addition, in acting on the

1994 ozone SIP for the South Coast, EPA

has approved and made federally

enforceable commitments by SCAQMD

and CARB to adopt further stationary

and mobile source controls on NOX

emissions. These controls are scheduled

to achieve more than 150 tons per day

in reductions of NOX emissions in the

South Coast by the year 2010.9

Therefore, EPA approves the

contingency measure provisions under

section 175A, based on the regulations

and enforceable commitments that have

already been incorporated into the SIP.

d. Subsequent maintenance plan

revisions. In accordance with section

175A(b) of the CAA, the State has

agreed to submit a revised maintenance

SIP eight years after the area is

redesignated to attainment. Such

revised SIP will provide for

maintenance for an additional ten years.

In California, nonattainment areas must

update their plans every 3 years to meet

State law requirements, so even more

frequent updates to the maintenance

plan are expected.

e. Approval of the maintenance plan

and redesignation request. EPA

approves under section 110(k)(3) of the

CAA the South Coast NO2 maintenance

plan as meeting the requirements of

sections 110 and 175A of the CAA.

Since all of the CAA section 107(d)(3)(E)

redesignation requirements have been

met, EPA grants the request of the State

to redesignate the South Coast Air Basin

to attainment for the NO2 NAAQS.

IV. EPA Final Action

Under CAA section 110(k)(3), EPA

approves the South Coast NO2 plan

portion of the 1997 AQMP as meeting

the requirements of CAA sections 110,

172, and 192 with respect to the

nonattainment plan requirements, and

the requirements of CAA sections 110

and 175A with respect to the

maintenance plan requirements. EPA is

redesignating the South Coast to

attainment for NO2 under CAA section

107.

EPA is taking these actions without

prior proposal because the Agency

views this as noncontroversial and

anticipates no adverse comments.

However, if EPA receives relevant

adverse comments by August 24, 1998,

then EPA will publish a document that

withdraws the rule and informs the

public that the rule will not take effect.

EPA will then address those comments

in a final action based upon the

proposed rule, which appears as a

separate document in the proposed

rules section of this Federal Register

publication. EPA will not institute a

second comment period. Any parties

interested in commenting should do so

at this time. If no such comments are

received, the public is advised that this

rule will be effective on September 22,

1998, and no further action will be

taken on the proposed rule.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

V. 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

impact on a substantial number of small

entities. Small entities include small

business, small not-for-profit enterprises

and government entities with

jurisdiction over populations of less

than 50,000.

SIP approvals under sections 110 and

subchapter I, part D of the CAA, 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 CAA forbids EPA to base its actions

concerning SIP’s on such grounds.

Union Electric Co. v. U.S.E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under sections 202 of the Unfunded

Mandates Reform Act of 1995
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations 39751

(‘‘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 also determined that this

final action does not include a mandate

that may result in estimated costs of

$100 million or more to State, local, or

tribal governments in the aggregate or to

the private sector. This Federal action

approves 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

The Congressional Review Act, 5

U.S.C. § 801 et seq., as added by the

Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the 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 September 22,

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).)

F. Executive Order 13045

The final rule is not subject to E.O.

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks, because it is not an

‘‘economically significant’’ action under

E.O. 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Nitrogen dioxide,

Incorporation by reference,

Intergovernmental relations, Oxides of

Nitrogen, Reporting and recordkeeping

requirements.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: July 8, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(247)(i)(A)(2) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(247) * * *

(i) * * *

(A) * * *

(2) Nitrogen dioxide attainment plan

and maintenance plan, as contained in

the South Coast 1997 Air Quality

Management Plan, adopted on

November 15, 1996.

* * * * *

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

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

2. In § 81.305, the table for

California—NO2 is amended by revising

the entry for ‘‘South Coast Air Basin’’ to

read as follows:

§ 81.305 California.

* * * * *

CALIFORNIA—NO2

Designated Area

Does not meet

primary standards

Cannot be classified or better

than national

standards

* * * * * * *

South Coast Air Basin ...................................................................................................................................... ............................ X

* * * * * * *
39752 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations

* * * * *

[FR Doc. 98–19838 Filed 7–23–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7692]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: This rule identifies

communities, where the sale of flood

insurance has been authorized under

the National Flood Insurance Program

(NFIP), that are suspended on the

effective dates listed within this rule

because of noncompliance with the

floodplain management requirements of

the program. If the Federal Emergency

Management Agency (FEMA) receives

documentation that the community has

adopted the required floodplain

management measures prior to the

effective suspension date given in this

rule, the suspension will be withdrawn

by publication in the Federal Register.

EFFECTIVE DATES: The effective date of

each community’s suspension is the

third date (‘‘Susp.’’) listed in the third

column of the following tables.

ADDRESSES: If you wish to determine

whether a particular community was

suspended on the suspension date,

contact the appropriate FEMA Regional

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Robert F. Shea Jr., Division Director,

Program Implementation Division,

Mitigation Directorate, 500 C Street,

SW., Room 417, Washington, DC 20472,

(202) 646–3619.

SUPPLEMENTARY INFORMATION: The NFIP

enables property owners to purchase

flood insurance which is generally not

otherwise available. In return,

communities agree to adopt and

administer local floodplain management

aimed at protecting lives and new

construction from future flooding.

Section 1315 of the National Flood

Insurance Act of 1968, as amended, 42

U.S.C. 4022, prohibits flood insurance

coverage as authorized under the

National Flood Insurance Program, 42

U.S.C. 4001 et seq., unless an

appropriate public body adopts

adequate floodplain management

measures with effective enforcement

measures. The communities listed in

this document no longer meet that

statutory requirement for compliance

with program regulations, 44 CFR part

59 et seq. Accordingly, the communities

will be suspended on the effective date

in the third column. As of that date,

flood insurance will no longer be

available in the community. However,

some of these communities may adopt

and submit the required documentation

of legally enforceable floodplain

management measures after this rule is

published but prior to the actual

suspension date. These communities

will not be suspended and will continue

their eligibility for the sale of insurance.

A notice withdrawing the suspension of

the communities will be published in

the Federal Register.

In addition, the Federal Emergency

Management Agency has identified the

special flood hazard areas in these

communities by publishing a Flood

Insurance Rate Map (FIRM). The date of

the FIRM if one has been published, is

indicated in the fourth column of the

table. No direct Federal financial

assistance (except assistance pursuant to

the Robert T. Stafford Disaster Relief

and Emergency Assistance Act not in

connection with a flood) may legally be

provided for construction or acquisition

of buildings in the identified special

flood hazard area of communities not

participating in the NFIP and identified

for more than a year, on the Federal

Emergency Management Agency’s

initial flood insurance map of the

community as having flood-prone areas

(section 202(a) of the Flood Disaster

Protection Act of 1973, 42 U.S.C.

4106(a), as amended). This prohibition

against certain types of Federal

assistance becomes effective for the

communities listed on the date shown

in the last column.

The Associate Director finds that

notice and public comment under 5

U.S.C. 553(b) are impracticable and

unnecessary because communities listed

in this final rule have been adequately

notified.

Each community receives a 6-month,

90-day, and 30-day notification

addressed to the Chief Executive Officer

that the community will be suspended

unless the required floodplain

management measures are met prior to

the effective suspension date. Since

these notifications have been made, this

final rule may take effect within less

than 30 days.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Considerations. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director has

determined that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because the National

Flood Insurance Act of 1968, as

amended, 42 U.S.C. 4022, prohibits

flood insurance coverage unless an

appropriate public body adopts

adequate floodplain management

measures with effective enforcement

measures. The communities listed no

longer comply with the statutory

requirements, and after the effective

date, flood insurance will no longer be

available in the communities unless

they take remedial action.

Regulatory Classification

This final rule is not a significant

regulatory action under the criteria of

section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Paperwork Reduction Act

This rule does not involve any

collection of information for purposes of

the Paperwork Reduction Act, 44 U.S.C.

3501 et seq.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

October 26, 1987, 3 CFR, 1987 Comp.,

p. 252.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778, October 25, 1991, 56 FR

55195, 3 CFR, 1991 Comp., p. 309.

List of Subjects in 44 CFR Part 64

Flood insurance, Floodplains.

Accordingly, 44 CFR part 64 is

amended as follows:

PART 64—[AMENDED]

1. The authority citation for part 64

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 64.6 [Amended]

2. The tables published under the

authority of § 64.6 are amended as

follows: