Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Proposed Rules 32595

1See sections 179(c) and 186(b)(2) of the CAA

Amendments.

the ‘‘Rules and Regulations’’ section of

this Federal Register, EPA is approving

the State’s SIP revision as a direct final

rule without prior proposal because the

Agency views this as a noncontroversial

SIP revision and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the preamble to

the direct final rule. If EPA receives no

adverse comments, EPA will not take

further action on this proposed rule. If

EPA receives adverse comments, EPA

will withdraw the direct final rule and

it will not take effect. EPA will address

all public comments in a subsequent

final rule based on this proposed rule.

EPA will not institute a second

comment period on this action. Any

parties interested in commenting must

do so at this time. Please note that if

EPA receives adverse comment on an

amendment, paragraph, or section of

this rule and if that provision may be

severed from the remainder of the rule,

EPA may adopt as final those provisions

of the rule that are not the subject of an

adverse comment.

DATES: Comments must be received in

writing on or before July 16, 2001.

ADDRESSES: Written comments may be

mailed to Richard R. Long, Director, Air

and Radiation Program, Mailcode 8PAR, Environmental Protection Agency

(EPA), Region VIII, 999 18th Street,

Suite 300, Denver, Colorado, 80202.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air and Radiation Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 300,

Denver, Colorado, 80202. Copies of the

State documents relevant to this action

are available for public inspection at the

Colorado Department of Public Health

and Environment, Air Pollution Control

Division, 4300 Cherry Creek Drive

South, Denver, Colorado 80222–1530.

FOR FURTHER INFORMATION CONTACT:

Megan Williams, EPA, Region VIII, (303)

312–6431.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title which is located

in the Rules and Regulations section of

this Federal Register.

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

Dated: May 1, 2001

Jack W. McGraw,

Acting Regional Administrator,Region VIII.

[FR Doc. 01–15030 Filed 6–14–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[Docket #: WA–01–002; FRL–6997–1]

Finding of Attainment for Carbon

Monoxide; Spokane CO Nonattainment

Area, Washington

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rule.

SUMMARY: EPA is proposing to find that

the Spokane nonattainment area in

Washington has attained the National

Ambient Air Quality Standards

(NAAQS) for carbon monoxide (CO) as

of December 31, 2000.

DATES: Written comments must be

received on or before July 16, 2001.

ADDRESSES: Written comments should

be mailed to Christi Lee, Office of Air

Quality, Mailcode OAQ–107, EPA

Region 10, 1200 Sixth Avenue, Seattle,

Washington, 98101. Copies of

documents relevant to this action are

available for public review during

normal business hours (8 a.m. to 4:30

p.m.) at this same address.

FOR FURTHER INFORMATION CONTACT:

Christi Lee, Office of Air Quality Mail

Code OAQ–107, EPA Region 10, 1200

Sixth Avenue, Seattle Washington,

98101, (360) 753–9079.

SUPPLEMENTARY INFORMATION:

Throughout this document, the words

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ means the

Environmental Protection Agency

(EPA).

Table of Contents

I. Background

A. Designation and Classification of CO

Nonattainment Areas.

B. How Does EPA Make Attainment

Determinations?

C. What Is the Attainment Date for the

Spokane CO Nonattainment Area?

II. EPA’s Proposed Action

III. Basis for EPA’s Action

IV. Administrative Requirements

I. Background

A. Designation and Classification of CO

Nonattainment Areas

The Clean Air Act (CAA)

Amendments of 1990 authorized EPA to

designate areas across the country as

nonattainment, and to classify these

areas according to the severity of the air

pollution problem. Pursuant to section

107(d) of the CAA, following enactment

on November 15, 1990, States were

requested to submit lists, within 120

days, which designated all areas of the

country as either attainment,

nonattainment, or unclassifiable for CO.

The EPA was required to promulgate

these lists of areas no later than 240

days following enactment of the CAA

Amendments (see 56 FR 56694,

(November 6, 1991)).

On enactment of the CAA

Amendments, a new classification

structure was created for CO

nonattainment areas, pursuant to

section 186 of the CAA, which included

both a moderate and a serious area

classification. Under this classification

structure, moderate areas with a design

value of 9.1–16.4 ppm, were expected to

attain the CO NAAQS as expeditiously

as practicable, but no later than

December 31, 1995. CO nonattainment

areas designated as serious, with a

design value of 16.5 ppm and above,

were expected to attain the CO NAAQS

as expeditiously as practicable, but no

later than December 31, 2000.

States containing areas designated as

either moderate or serious for CO had

the responsibility of developing and

submitting to EPA State Implementation

Plans (SIPs) which addressed the

nonattainment air quality problems in

those areas. The EPA issued general

guidance concerning the requirements

for SIP submittals, which included

requirements for CO nonattainment area

SIPs, pursuant to Title I of the CAA (see

generally, 57 FR 13498 (April 16, 1992),

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

air quality planning requirements for

moderate and serious CO nonattainment

areas are addressed in sections 186–187

respectively of the CAA, which pertain

to the classification of CO

nonattainment areas, as well as to the

requirements for the submittal of both

moderate and serious area SIPs.

The EPA has the responsibility for

determining whether a nonattainment

area has attained the CO NAAQS by the

applicable attainment date 1. In this case

the EPA is required to make

determinations concerning whether

serious CO nonattainment areas attained

the NAAQS by their December 31, 2000

attainment date. Pursuant to the CAA,

the EPA is required to make attainment

determinations for these areas by June

30, 2001, no later than 6 months

following the attainment date for the

areas. Therefore, this action is being

taken to make a determination of

attainment for a serious CO

nonattainment area with a December 31,

2000 attainment date.

32596 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Proposed Rules

B. How Does EPA Make Attainment

Determinations?

Section 179(c)(1) of the CAA provides

that attainment determinations are to be

based upon an area’s ‘‘air quality as of

the attainment date, and section

186(b)(2) is consistent with this

requirement.’’ EPA will make the

determination as to whether an area’s

air quality is meeting the CO NAAQS

based upon air quality data gathered at

CO monitoring sites in the

nonattainment area which has been

entered into the Aerometric Information

Retrieval System (AIRS). This data is

reviewed to determine the area’s air

quality status in accordance with EPA

guidance at 40 CFR 50.8, and in

accordance with EPA policy and

guidance as stated in a memorandum

from William G. Laxton, Director

Technical Support Division, entitled

‘‘Ozone and Carbon Monoxide Design

Value Calculations,’’ dated June 18,

1990.

The 8-hour CO design value is used

to determine attainment of CO areas,

and is computed by first finding the

maximum and second maximum (nonoverlapping) 8-hour values at a

monitoring site for the most recent 2

years of air quality data. Then the

maximum value of the second high

values is used as the design value for

the monitoring site. The CO NAAQS

requires that not more than one 8-hour

average per year can exceed 9.0 ppm

(greater than or equal to 9.5 ppm to

adjust for rounding) at a monitoring site.

CO attainment is evaluated and

determined by reviewing 8 quarters of

data, or a total of 2 complete calendar

years of data for an area. If an area has

a design value that is greater than 9.0

ppm, this means that a monitoring site

in the area, where the second highest

(non-overlapping) 8-hour average was

measured, was greater than 9.0 ppm in

at least 1 of the 2 years being reviewed

to determine attainment for the area.

When at least two values were measured

above the NAAQS for CO at a

monitoring site, the standard was not

met in the area.

C. What Is the Attainment Date for the

Spokane CO Nonattainment Area?

As stated above, the Spokane CO

nonattainment area was designated

nonattainment for CO by operation of

law upon enactment of the CAA

Amendments of 1990. Under 186(a) of

the CAA, each CO area designated

nonattainment was also classified by

operation of law as either ‘‘moderate’’ or

‘‘serious’’ depending on the severity of

the area’s air quality problem. States

containing areas that were classified as

moderate nonattainment were required

to attain the CO NAAQS as

expeditiously as practicable but no later

than December 31, 1995. On April 13,

1998, EPA made a finding that Spokane

did not attain the CO NAAQS by the

December 31, 1995 attainment date for

the moderate nonattainment area (63 FR

12007, dated March 12, 1998). This

finding is based on EPA’s review of

monitored air quality data for

compliance with the CO NAAQS. As a

result of this finding the Spokane CO

nonattainment area was reclassified as a

serious CO nonattainment area by

operation of law. As a result of this

reclassification, the State was to attain

the CO NAAQS as expeditiously as

practicable but no later than December

31, 2000, the CAA attainment date for

serious areas.

II. EPA’s Proposed Action

EPA is, by today’s action, making the

determination that the Spokane serious

CO nonattainment area did attain the

CO NAAQS by its attainment date of

December 31, 2000. As explained below,

Spokane remains classified a serious CO

nonattainment area and today’s action

does not redesignate Spokane to

attainment

III. Basis for EPA’s Action

Washington has four CO monitoring

sites in the Spokane CO nonattainment

area. The air quality data in AIRS for

these monitors show that, for the 2-year

period from 1999 through 2000, there

were no violations of the 8-hour CO

standard. The highest 8-hour CO design

value recorded during this 2-year period

was 5.7 ppm which was measured at the

Hamilton Street monitoring site in 1999.

Based on this information, EPA has

determined that the area attained the CO

NAAQS standard as of the attainment

date of December 31, 2000.

In summary, EPA proposes to find

that the Spokane CO nonattainment area

attained the CO NAAQS as of the

attainment date of December 31, 2000.

If we finalize this proposal, consistent

with CAA section 188, the area will

remain a serious CO nonattainment area

with the additional planning

requirements that apply to serious CO

nonattainment areas. This proposed

finding of attainment should not be

confused with a redesignation to

attainment under CAA section 107(d).

Washington has not submitted a

maintenance plan as required under

section 175A(a) of the CAA or met the

other CAA requirements for

redesignation to attainment. The

designation status in 40 CFR part 81

will remain serious nonattainment for

the Spokane CO nonattainment area

until such time as EPA finds that

Washington has met the CAA

requirements for redesignations to

attainment.

We are soliciting public comments on

EPA’s proposal to find that the Spokane

CO nonattainment area has attained the

CO NAAQS as of the December 31,

2000, attainment date. These comments

will be considered before taking final

action. Interested parties may

participate in the Federal rulemaking

process by submitting written comments

to the EPA Regional office listed in the

ADDRESSES section of this document.

IV. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

action is not a ‘‘significant regulatory

action’’ and therefore is not subject to

review by the Office of Management and

Budget. This proposed action merely

makes a determination based on air

quality data and does not impose any

requirements. Accordingly, the

Administrator certifies that this

proposed rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this proposed rule does

not impose any enforceable duty, it does

not contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4). This proposed rule

also does not have a substantial direct

effect on one or more Indian tribes, on

the relationship between the Federal

Government and Indian tribes, or the

distribution of power and

responsibilities between the Federal

Government and Indian tribes, as

specified by Executive Order 13175 (65

FR 67249, November 9, 2000), nor will

it have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

makes a determination based on air

quality data and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This proposed rule also

is not subject to Executive Order 13045

(62 FR 19885, April 23, 1997), because

it is not economically significant.

The requirements of section 12(d) of

the National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Proposed Rules 32597

this proposed rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct. EPA

has complied with Executive Order

12630 (53 FR 8859, March 15, 1988) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the executive

order. This proposed rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, Carbon monoxide,

National parks, Reporting and

recordkeeping requirements, Wilderness

areas.

Dated: June 4, 2001.

Ronald A. Kreizenbeck,

Acting Regional Administrator, Region 10.

[FR Doc. 01–15148 Filed 6–14–01; 8:45 am]

BILLING CODE 6560–50–P