[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Rules and Regulations]
[Pages 66264-66280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21837]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[RME Docket Number R08-OAR-2005-UT-0006; FRL-7992-6]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Provo Attainment Demonstration of the Carbon Monoxide 
Standard, Redesignation to Attainment, Designation of Areas for Air 
Quality Planning Purposes, and Approval of Related Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving State 
Implementation Plan (SIP) revisions submitted by the State of Utah. On 
April 1, 2004, the Governor of Utah submitted an attainment 
demonstration and plan for the Provo metropolitan area (hereafter, 
Provo area) for the carbon monoxide (CO) National Ambient Air Quality 
Standard (NAAQS) to replace the demonstration and plan that were 
submitted by Governor Leavitt on July 11, 1994. The Governor's 
submittal also contained a request to redesignate the Provo area to 
attainment for the CO NAAQS and a maintenance plan which includes 
transportation conformity motor vehicle emission budgets (MVEB) for 
2014 and 2015. The Governor also submitted revisions to: Utah's Rule 
R307-110-12, ``Section IX, Control Measures for Area and Point Sources, 
Part C, Carbon Monoxide,'' which incorporates the attainment 
demonstration, plan, and maintenance plan; Utah's Rule R307-110-31, 
``Section X , Vehicle Inspection and Maintenance Program, Part A,'' 
which incorporates general requirements and applicability for motor 
vehicle emissions inspections; and Utah's Rule R307-110-34, ``Section 
X, Vehicle Inspection and Maintenance Program, Part D, Utah County,'' 
which incorporates a revised vehicle inspection and maintenance program 
for Utah County. The Governor's April 1, 2004 submittal also stated 
that the prior July 11, 1994 submittal of Utah's Rule R307-1-4.12, 
``Emissions Standards for Residential Solid Fuel Burning Devices and 
Fireplaces'' to restrict woodburning in Utah County, remains part of 
her April 1, 2004 submittal and requested that Utah's Rule R307-301, 
``Oxygenated Gasoline Program,'' be eliminated from the Federally-
approved SIP. We note that on September 20, 1999, the Governor 
submitted Utah

[[Page 66265]]

Rules R307-302-3 and -4, which together comprise a re-numbered and re-
titled version of R307-1-4.12. The text of Rules R307-302-3 and -4 is 
identical to the text of Rule R307-1-4.12 that the Governor submitted 
on July 11, 1994. In this action, we are approving and incorporating by 
reference Rules R307-302-3 and -4, because these comprise the current 
version of the State rule. Approving these rules rather than the 
earlier version will avoid confusion to the public and will obviate the 
need for a future SIP revision merely to re-number the SIP. In the 
remainder of this notice, we will refer to the rule by its current 
numbers, unless the context dictates otherwise.
    In this action, EPA is approving the Provo area's attainment 
demonstration and plan, the request for redesignation to attainment for 
the Provo area, the maintenance plan, the transportation conformity 
MVEBs for 2014 and 2015, the revisions to Part A of the Vehicle 
Inspection and Maintenance Program pertaining to general requirements 
and applicability, the revisions to Part D of the Vehicle Inspection 
and Maintenance Program pertaining to the program for Utah County, the 
revisions to Rule R307-110-12, the revisions to Rule R307-110-31, the 
revisions to Rule R307-110-34, Rules R307-302-3 and -4, and the request 
to remove Rule R307-301 from the Federally-approved SIP. EPA is also 
identifying the transportation conformity MVEB for the year 2000, which 
is derived from the attainment year emission inventory in the 
attainment plan. This action is being taken under section 110 of the 
Clean Air Act.

DATES: This rule is effective on January 3, 2006 without further 
notice, unless EPA receives adverse comment by December 2, 2005. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by RME Docket Number R08-
OAR-2005-UT-0006, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Agency Web site: http://docket.epa.gov/rmepub/index.jsp. 
Regional Materials in EDOCKET (RME), EPA's electronic public docket and 
comment system for regional actions, is EPA's preferred method for 
receiving comments. Follow the on-line instructions for submitting 
comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#8be7e4e5eca5f9e2e8e3eaf9efcbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="513d3e3f367f23383239302335113421307f363e27">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#5d2f282e2e732934301d382d3c733a322b"><span class="__cf_email__" data-cfemail="ee9c9b9d9dc09a8783ae8b9e8fc0898198">[email protected]</span></a>.
    <bullet> Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
    <bullet> Mail: Richard R. Long, Director, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
    <bullet> Hand Delivery: Richard R. Long, Director, Air and 
Radiation Program, Environmental Protection Agency (EPA), Region 8, 
Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m. 
to 4:55 p.m., excluding federal holidays. Special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to RME Docket Number R08-OAR-
2005-UT-0006. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
at http://docket.epa.gov/rmepub/index.jsp, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. EPA's Regional Materials in EDOCKET and 
federal regulations.gov website are ``nonymous access'' systems, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA, without going through EDOCKET or regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit EDOCKET online or see the 
Federal Register of May 31, 2002 (67 FR 38102). For additional 
instructions on submitting comments, go to Section I. General 
Information of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the Regional 
Materials in EDOCKET index at http://docket.epa.gov/rmepub/index.jsp. 
Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in Regional Materials in EDOCKET or in 
hard copy at the Air and Radiation Program, Environmental Protection 
Agency (EPA), Region 8, 999 18th Street, Suite 200, Denver, Colorado 
80202-2466. EPA requests that if at all possible, you contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. You may view the hard copy of the 
docket Monday through Friday, 8 a.m. to 4 p.m., excluding federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air and Radiation Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 999 
18th Street, Suite 200, Denver, Colorado 80202-2466, phone (303) 312-
6479, and e-mail at: <a href="/cdn-cgi/l/email-protection#166463656538627f7b5673667738717960"><span class="__cf_email__" data-cfemail="a2d0d7d1d18cd6cbcfe2c7d2c38cc5cdd4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. What is the purpose of this action?
III. What is the State's process to submit these materials to EPA?
IV. Brief History of the Provo Area and the CO NAAQS
V. The Provo Area's Attainment/Maintenance Plan (Provo CO Plan): 
Contents
VI. EPA's Evaluation of the Introduction and Monitoring Sections of 
the Provo CO Plan
VII. EPA's evaluation of the Clean Air Act Requirements Relevant to 
the Provo Area
VIII. EPA's Evaluation of the Provo Area's 2000 Attainment 
Demonstration & Maintenance Plan Modeling
IX. EPA's evaluation of the Provo Area's 2000 Attainment 
Demonstration and Plan
X. EPA's evaluation of the Provo Area's Redesignation Request and 
Maintenance Plan
XI. EPA's evaluation of the Transportation Conformity Requirements
XII. EPA's evaluation of the Rule R307-110-31 Revisions
XIII. EPA's evaluation of the Rule R307-110-34 Revisions
XIV. EPA's evaluation of Rules R307-302-3 and -4
XV. EPA's evaluation of the removal of Rule R307-301
XVI. Consideration of Section 110(l) of the CAA
XVII. Final Action

[[Page 66266]]

XVIII. Statutory and Executive Order Reviews

 Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials NAAQS mean National Ambient Air Quality 
Standard.
    (iv) The initials SIP mean or refer to State Implementation Plan.
    (v) The word State means the State of Utah, unless the context 
indicates otherwise.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. What is the purpose of this action?

    In this action, we are approving an attainment demonstration and 
plan for the year 2000 for the Provo area for the CO NAAQS to replace 
the demonstration and plan that were submitted by Governor Leavitt on 
July 11, 1994. As part of our action on the attainment demonstration 
and plan, we are identifying the transportation conformity MVEB for the 
year 2000. We are also approving a change in the legal designation of 
the Provo area from nonattainment for CO to attainment, we're approving 
the maintenance plan that is designed to keep the Provo area in 
attainment for CO for the next 10 years, we're approving the 
maintenance demonstration, and we're approving the maintenance plan's 
transportation conformity MVEBs for 2014 and 2015. All the above are 
addressed in the State's document entitled ``Carbon Monoxide Provisions 
For Provo, Section IX, Part C.6'' (hereafter, Provo CO Plan) which 
contains the Provo area's attainment plan and the maintenance plan and 
was included with the Governor's April 1, 2004 submittal.
    In addition, we're approving revisions to Utah's Rule R307-110-12, 
that incorporates revisions to ``Section IX, Control Measures for Area 
and Point Sources, Part C, Carbon Monoxide,'' that incorporates the 
Provo CO Plan (``Carbon Monoxide Provisions For Provo, Section IX, Part 
C.6''), revisions to Utah's Rule R307-110-31, that incorporates 
revisions to ``Section X, Vehicle Inspection and Maintenance Program, 
Part A, General Requirements and Applicability,'' and revisions to 
Utah's Rule R307-110-34, that incorporates revisions to ``Section X, 
Vehicle Inspection and Maintenance Program, Part D, Utah County.'' We 
are also approving Utah's Rules R307-302-3 and -4, ``No Burn Periods 
for Carbon Monoxide'' and ``Violations,'' respectively, to restrict 
woodburning in Utah County, and we're approving the elimination of 
Utah's Rule R307-301, ``Oxygenated Gasoline Program,'' from the 
Federally-approved SIP.

III. What is the State's process to submit these materials to EPA?

    The CAA requires States to observe certain procedural requirements 
in developing SIP revisions. Section 110(a)(2) of the CAA requires that 
each SIP revision be adopted after reasonable notice and public 
hearing. This must occur before the State submits the revision to us.
    A. On February 19, 2004, the Utah Air Quality Board (UAQB) held a 
public hearing on the Provo year 2000 attainment demonstration and plan 
for the CO NAAQS, the request to redesignate the Provo area to 
attainment for the CO NAAQS, the maintenance plan, the MVEBs for 2014 
and 2015, and the revisions to Utah's Rule R307-110-12, Utah's Rule 
R307-110-31, and Utah's Rule R307-110-34. The UAQB adopted these SIP 
revisions on March 31, 2004, they became State effective on May 18, 
2004, and the Governor submitted them to us on April 1, 2004.
    We evaluated the Governor's submittal and concluded that the State 
met the requirements for reasonable notice and public hearing under 
section 110(a)(2) of the CAA. Pursuant to section 110(k)(1)(B) of the 
CAA, we reviewed these SIP materials for conformance with the 
completeness criteria in 40 CFR part 51, Appendix V and determined that 
the Governor's April 1, 2004, submittal was administratively and 
technically complete. We sent our completeness determination on July 2, 
2004, in a letter from Robert E. Roberts, Regional Administrator, to 
Governor Olene Walker.
    B. On June 23, 1998, the UAQB held a public hearing for the 
revisions to Utah's Rules R307-302-3 and 4, to restrict woodburning in 
Utah County. The UAQB adopted these SIP revisions on August 13, 1998, 
they became State effective on September 15, 1998, and the Governor 
submitted them to us on September 20, 1999.
    We evaluated the Governor's submittal of Utah's Rules R307-302-3 
and -4, and determined that the State met the requirements for 
reasonable notice and public hearing under section 110(a)(2) of the 
CAA. By operation of law under the provisions of section 110(k)(1)(B) 
of the CAA, the Governor's September 20, 1999, submittal was deemed 
complete on March 20, 2000.

IV. Brief History of the Provo Area and the CO NAAQS

    The Provo area was first designated nonattainment for the CO NAAQS 
on March 3, 1978 (43 FR 8964.) This designation was assigned by EPA 
pursuant to the requirements of the 1977 amendments to the Clean Air 
Act (CAA). On November 15, 1990, the Clean Air Act Amendments of 1990 
were enacted (Pub. L. 101-549, 104 Stat.

[[Page 66267]]

2399, codified at 42 U.S.C. 7401-7671q). In response to Clean Air Act 
Amendments of 1990, we designated the Provo area as nonattainment for 
CO under section 107(d)(1)(C) of the CAA, because the area had been 
designated as nonattainment before November 15, 1990. The Provo area 
was classified as a ``moderate'' CO nonattainment area with a design 
value greater than 12.7 parts per million (ppm). See 56 FR 56694, 
November 6, 1991. CO nonattainment areas classified as ``moderate'' 
were expected to attain the CO NAAQS as expeditiously as practical, but 
no later than December 31, 1995. Further information regarding this 
classification and the accompanying requirements are described in 
section 187 of the CAA and in the ``General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990.'' 
See 57 FR 13498, April 16, 1992.
    The provisions of section 187 of the CAA applicable to areas 
classified as ``moderate'' with a design value greater than 12.7 ppm, 
such as the Provo area, required that a SIP revision be submitted to 
EPA by November 15, 1992 that included: (1) A 1990 base year emission 
inventory, (2) a vehicle miles traveled (VMT) forecast, (3) contingency 
provisions that would go into place if the VMT forecast was exceeded or 
if the area failed to attain the CO NAAQS by December 31, 1995, (4) a 
motor vehicle inspection and maintenance (I/M) program, (5) periodic 
emission inventories beginning in September, 1995, continuing until the 
area is redesignated to attainment, and, (6) an attainment 
demonstration. In addition, section 211(m) of the CAA also required the 
implementation of an oxygenated fuels program. With respect to the 
oxygenated fuels requirement, section 211(m)(2)(B) of the CAA set the 
Federally-required oxygenate level at 2.7% oxygen by weight.
    On July 11, 1994, the Governor submitted a revision to the Utah SIP 
(hereafter, July 11, 1994 submittal) that included a CO attainment 
demonstration, plan, and several other SIP revisions applicable to the 
Provo area. Among other provisions, the attainment plan relied on an 
enhanced motor vehicle inspection and maintenance (I/M) program, that 
was to be implemented by January 1, 1996, and the 2.7% oxygenated 
gasoline program. However, the commitment to implement an enhanced I/M 
program was not definite. Due to several technical and legal issues 
with the attainment demonstration (notably the State's failure to 
implement the enhanced I/M program and miscalculation of credit for 
woodburning emission reductions), EPA never took action on the July 11, 
1994 submittal's attainment demonstration, enhanced I/M program, 
contingency measures, VMT forecasting provisions, or woodburning 
requirements (Utah's Rule R307-1-4.12.)
    Over time, however, we did approve certain SIP revisions or 
materials relevant to the Provo area. These were the 1990 base year 
emission inventory (see 60 FR 33745, June 29, 1995) the 1993 periodic 
emission inventory (see 63 FR 18122, April 14, 1998) the 1996 periodic 
emission inventory (see 65 FR 63546, October 24, 2000) revisions to the 
State's rule R307-8 \1\ ``Oxygenated Gasoline Program'' for the 
implementation of a 2.7% program (59 FR 55585, November 8, 1994) the 
3.1% oxygen by weight gasoline program for Utah County (66 FR 14078, 
March 9, 2001) the improved basic I/M program for Utah County that was 
designed to satisfy the applicable requirements of both the CAA and 
section 348 of the National Highway Safety Designation Act (NHSDA) of 
1995 (interim final approval 62 FR 31349, June 9, 1997; final approval 
67 FR 57744, September 12, 2002), and the determination of attainment 
of the CO NAAQS for the Provo area along with the change from a 3.1% to 
a 2.7% by weight oxygenated gasoline program (67 FR 59165, September 
20, 2002).
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    \1\ In 1998, the State re-numbered rule R307-8 ``Oxygenated 
Gasoline Program'' as R307-301 and changed the title to ``Utah and 
Weber Counties: Oxygenated Gasoline Program.''
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    Additional historical information is also provided in section 
IX.C.6.a of the Provo CO Plan.

V. The Provo Area's Attainment/Maintenance Plan (Provo CO Plan): 
Contents

    As noted above, the Provo CO Plan contains both an attainment plan 
and a maintenance plan and is divided into six sections: an 
introduction section (IX.C.6.a), a CO monitoring section (IX.C.6.b), 
the attainment plan section with the attainment demonstration 
(IX.C.6.c), the maintenance plan section (IX.C.6.d), the maintenance 
demonstration (IX.C.6.e), and a section addressing transportation 
conformity (IX.C.6.f). We have reviewed the Provo CO Plan with respect 
to the relevant requirements of sections 107, 110, 175A, 176, 187, and 
211 of the CAA and EPA policy and guidance and believe that approval of 
the Provo CO Plan is warranted. Below are our descriptions and analysis 
of how the Provo CO Plan meets the necessary provisions referenced 
above.

VI. EPA's Evaluation of the Introduction and Monitoring Sections of the 
Provo CO Plan

A. Introduction Section (IX.C.6.a)

    This section of the Provo CO Plan provides a discussion of the CO 
NAAQS, the Provo area's geographic setting and basic demographic 
information, and a brief history of the Provo designation history 
similar to that provided in our section IV above.

B. CO Monitoring Network Section (IX.C.6.b)

    As described in 40 CFR Sec.  50.8, the national primary ambient air 
quality standard for carbon monoxide is 9 parts per million (10 
milligrams per cubic meter) for an 8-hour average concentration not to 
be exceeded more than once per year. 40 CFR 50.8 continues by stating 
that the levels of CO in the ambient air shall be measured by a 
reference method based on 40 CFR part 50, Appendix C and designated in 
accordance with 40 CFR part 53 or an equivalent method designated in 
accordance with 40 CFR part 53. Attainment of the CO standard is not a 
momentary phenomenon based on short-term data. Instead, we consider an 
area to be in attainment if each of the CO ambient air quality monitors 
in the area doesn't have more than one exceedance of the CO standard 
over a one-year period. 40 CFR Sec.  50.8 and 40 CFR part 50, Appendix 
C. If any monitor in the area's CO monitoring network records more than 
one exceedance of the CO standard during a one-year calendar period, 
then the area is in violation of the CO NAAQS.
    As described in section IX.C.6.b, the Provo CO Plan is based on an 
analysis of quality assured ambient air quality monitoring data that 
are relevant to the attainment demonstration and the maintenance 
demonstration. As presented in section IX.C.6.b of the Provo CO plan, 
ambient air quality monitoring data for calendar years 1994 through 
2003 show a measured exceedance rate of the CO NAAQS of 1.0 or less per 
year, per monitor, in the Provo nonattainment area. Further, we have 
reviewed ambient air quality data from 2004 and the first calendar 
quarter of 2005 and the Provo area shows continuous attainment of the 
CO NAAQS from 1994 to present.
    All of the data discussed above were collected and analyzed as 
required by EPA (see 40 CFR Sec.  50.8 and 40 CFR part 50, Appendix C) 
and have been archived by the State in our Air Quality System (AQS) 
national database.

[[Page 66268]]

VII. EPA's Evaluation of the Clean Air Act Requirements Relevant to the 
Provo Area

    Section IX.C.6.c.1 of the Provo CO Plan includes Table 3 which 
presents certain requirements that the State has referenced from 
sections 172 and 187 of the CAA for a ``moderate'' CO nonattainment 
area with a design value greater than 12.7 ppm. Our evaluation of how 
the Provo area met the relevant CAA requirements is as follows:
    A. Base year emission inventory. The State submitted a 1990 base 
year CO emissions inventory for the Provo area on July 11, 1994 which 
met the requirements of sections 172(c)(3) and 187(a)(1) of the CAA. We 
approved this inventory on June 29, 1995 (60 FR 33745). The Governor's 
April 1, 2004 submittal contains a new base year emission inventory for 
the year 2000 that we are approving with this action. A further 
description of this inventory is provided below in section IX.
    B. Vehicle Miles Traveled (VMT). Section 187(a)(2)(A) of the CAA 
requires a forecast of VMT in the nonattainment area for each year 
before the year in which the plan projects the NAAQS for CO to be 
attained in the area. The July 11, 1994 submittal projected attainment 
of the CO NAAQS by December 31, 1995 and the State met this CAA 
requirement with its submittal of projected VMT, for 1994, 1995, and 
1996, in a letter dated March 28, 1995. As noted earlier, we determined 
the Provo area attained the CO NAAQS by December 31, 1995, in our 
action of September 20, 2002 (67 FR 59165).
    C. Contingency provisions. Section 187(a)(3) requires the submittal 
of measures to be implemented in the event that the forecasted VMT, 
required by CAA section 187(a)(2)(A), is exceeded or the area does not 
attain the CO NAAQS by the applicable attainment date, which in this 
case was December 31, 1995. In the event these contingency provisions 
are triggered, they are to be implemented without any further action by 
the State. With the July 11, 1994 submittal, the State adopted as a 
contingency measure an increase in the oxygen content of gasoline, for 
the Provo area, from 2.7% by weight to 3.1% by weight. The State's 
oxygenated gasoline rule stated that the 3.1% by weight program would 
be triggered by either the actual VMT exceeding the forecasted VMT or 
if an enhanced I/M program was not implemented by January 1, 1996. In 
actuality, both conditions arose; the State did not implement an 
enhanced I/M program in the Provo area by January 1, 1996 (or for that 
matter, at all) and the Provo area exceeded the forecasted VMT levels. 
Based on the above, the Provo area began a 3.1% by weight program in 
1996. However, as we noted earlier, the Provo area attained the CO 
NAAQS by December 31, 1995 with only the benefit of a 2.7% program (see 
67 FR 59165, September 20, 2002).
    Generally, EPA does not insist on CAA section 187(a)(3) contingency 
measures for an area being redesignated to attainment. See 57 FR 13564, 
April 16, 1992. This is because the area must have already attained the 
standard to be redesignated, and section 175A of the Act requires that 
the maintenance plan have its own set of contingency measures.
    D. Basic I/M. Section 187(a)(4) of the CAA includes a ``Savings 
Clause for Vehicle Inspection and Maintenance Provisions of the State 
Implementation Plan.'' The reference in this section of the CAA relates 
back to section 182(a)(2)(B) which essentially directs States to the 
implementation of a two-speed idle check Basic I/M program that is at 
least as effective as the Federal Basic I/M performance standard as 
specified in 40 CFR 51.352. The State met this CAA obligation by 
submitting an improved I/M program revision, on March 15, 1996, that 
addressed both the requirements of the CAA and the National Highway 
System Designation Act (NHSDA) of 1995. As noted in our 2002 final rule 
approval for this program (67 FR 5774, September 12, 2002), Utah 
County's improved vehicle I/M program exceeds the Federal Basic I/M 
performance standard established in 40 CFR 51, subpart S (``Inspection/
Maintenance Program Requirements for CO non-attainment areas.'') We 
gave interim final approval of this I/M program SIP revision on June 9, 
1997 (62 FR 31349) and final approval on September 12, 2002 (67 FR 
5774).
    E. Periodic inventory. Section 187(a)(5) requires the submittal of 
a periodic emission inventory, for the nonattainment area, every three 
years until the area is redesignated to attainment. The State submitted 
a 1993 periodic CO emission inventory for the Provo area on November 
12, 1997. We approved the 1993 periodic inventory on April 14, 1998 (63 
FR 18122). The State submitted a 1996 periodic CO emission inventory 
for the Provo area on June 14, 1999. We approved the 1996 periodic CO 
emission inventory on October 24, 2000 (65 FR 63546). The Governor's 
April 1, 2004 SIP submittal included a CO emission inventory for 2000 
as a component of the year 2000 attainment demonstration. We consider 
this inventory sufficient to address the 1999 periodic inventory 
requirement.
    F. Enhanced Vehicle Inspection and Maintenance. Section 187(a)(6) 
of the CAA requires ``moderate'' CO nonattainment areas to implement an 
enhanced I/M program as is provided in section 182(c)(3) of the CAA. 
The provisions of section 182(c)(3), however, only apply to 
nonattainment areas located in urbanized areas with a 1980 census of 
200,000 or more. Because the 1980 census for the Provo (and Orem) 
urbanized area was 169,699, an enhanced I/M program was not required 
for the Provo area.
    G. Attainment Demonstration and Specific Annual Emission 
Reductions. Section 187(a)(7) of the CAA requires ``moderate'' CO 
nonattainment areas to submit ``* * * a demonstration that the plan as 
revised will provide, for attainment of the carbon monoxide NAAQS by 
the applicable attainment date and provisions for such specific annual 
emission reductions as are necessary to attain the standard by that 
date.'' To address this CAA requirement, the Governor's July 11, 1994 
submittal contained an attainment demonstration that was based on 
dispersion modeling using the Urban Airshed Model (UAM) and the CAL3QHC 
intersection ``hotspot'' model. As we noted in section IV above, the 
July 11, 1994 submittal's attainment plan was not Federally-approvable 
due to both legal and technical issues. However, to address this 
outstanding CAA requirement, on April 1, 2004, the Governor submitted a 
new attainment plan that demonstrates attainment in the year 2000. This 
new attainment plan is described in sections VIII and IX below. Its 
attainment demonstration is based on UAM-AERO and CAL3QHC-R modeling.
    H. Oxygenated fuels. Section 211(m) of the CAA requires the 
implementation of an oxygenated gasoline program in any CO area 
designated as nonattainment and with a design value of 9.5 ppm or 
greater. As this CAA requirement applied to the Provo area, the State 
submitted a SIP revision on November 9, 1992 for the implementation of 
an oxygenated gasoline program in the Provo area. We approved this SIP 
revision on November 8, 1994 (59 FR 55585). In addition, we also 
approved revisions to the State's oxygenated gasoline program that 
involved several definition changes, average and maximum oxygen 
content, and recordkeeping, with our action of March 9, 2001 (66 FR 
14078). We approved the most recent revisions on September 20, 2002 (67 
FR 59165).

[[Page 66269]]

VIII. EPA's Evaluation of the Provo Area's 2000 Attainment 
Demonstration and Maintenance Plan Modeling

    Section IX.C.6.c and section IX.c.6.e of the Provo CO Plan along 
with Volume 12, Section 4 of the State's TSD contain thorough 
descriptions of the attainment demonstration and maintenance plan 
dispersion modeling. Major components of these activities are briefly 
described below.

A. Dispersion Modeling

    1. Model Approach Selected. The State selected the EPA-approved 
photochemical model Urban Airshed Model with Aerosol (UAM-AERO) 
chemistry to estimate the background CO concentrations for the modeling 
domain. Meteorological fields for input into the UAM-AERO model were 
produced with the Diagnostic Wind Model (DWM). Emissions data were 
processed with the Sparse Matrix Operator Kernel Emissions (SMOKE) 
modeling system. The UAM-AERO dispersion modeling for carbon monoxide 
was performed in accordance with EPA's June, 1992 modeling guidance 
entitled ``Guideline for Regulatory Application of the Urban Airshed 
Model for Areawide Carbon Monoxide.'' To evaluate the impacts at high 
volume/congested intersections, the State used the CAL3QHC-R model. The 
incremental CO concentration impact results from the application of the 
CAL3QHC-R model (a more thorough discussion of the CAL3QHC-R model is 
included in section 4.a.5 of Volume 12 of the State's TSD) were then 
added to the UAM-AERO background concentration for a total predicted CO 
concentration at a selected intersection. The above modeling effort was 
performed by the State in accordance with the State's modeling 
protocol, that was approved by EPA, which is located in Volume 12, 
section 4.b.i of the State's TSD.
    2. Modeling Domain. Section 4.a.3.2 of Volume 12, of the State's 
TSD discusses the UAM-AERO modeling domain. The domain covers portions 
of 13 counties in northern Utah and is 134 kilometers (km) east to west 
by 226 km north to south. This is the same modeling domain that was 
developed by the State for the UAM-AERO application for the development 
of the Utah PM<INF>10</INF> SIP revision. The State determined that 
using the same modeling domain for both SIP revisions was a simpler 
task rather than developing a smaller, specific domain for the CO 
modeling for the Provo area. EPA agreed with this approach after our 
review of the State's modeling protocol which is included in section 
4.b.i of Volume 12 of the State's TSD. For both the SMOKE emissions 
preprocessor and UAM-AERO, the modeling resolution was at a 2 km by 2km 
grid. A more in-depth discussion of the modeling domain is located in 
Section 4.a.3.2 of Volume 12, of the State's TSD.
    3. Episode Selection. Initially, the State evaluated six episodes 
from 1990 to 2001. As explained in the modeling protocol, in section 
4.b.i of Volume 12 of the State's TSD, and in section 4.a.2 of Volume 
12 of the State's TSD, two CO episodes were selected that met the 
overall requirements for necessary meteorological data, recent emission 
inventory data, and our modeling guidance. These episodes were January 
12th to January 15th of 2000 and January 6th to January 9th of 2001. 
Additional discussion on episode selection can be found in sections 
4.a.2 and 4.b.i of Volume 12 of the State's TSD.
    4. Modeling Emission Inventories. The State prepared modeling 
emission inventories for the 2000 and 2001 episodes and for the 
maintenance demonstration years of 2005, 2006, 2008, 2011, 2014, and 
2015 \2\. Emission totals by category for each of these years are 
presented in sections IX.C.6.c.(3), IX.C.6.e.(1) Table 12, and 
IX.C.6.e.(2) Table 13 of the Provo CO Plan and in Table VIII-1 below.
---------------------------------------------------------------------------

    \2\ The State also prepared and modeled emission inventories for 
2004 (to consider the elimination of the oxygenated gasoline 
program) and 2007 (at the specific request of Mountainland 
Association of Governments.)

                                Table VIII-1.--Specific CO Emission Inventories for the Provo Area of the Modeling Domain
                                                               [All in tons per day of CO]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Source category                             2000       2001       2005       2006       2008       2011       2014       2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources...................................................       0.03       0.03       0.04       0.04       0.04       0.04       0.05       0.05
Area Sources....................................................       1.28       1.28       1.18       1.17       1.10       1.03       0.97       0.96
On-road Mobile Sources..........................................      59.44      65.38      70.44      72.10      59.69      55.75      52.88      52.46
Non-road Sources................................................       3.05       3.05       3.05       3.03       2.97       2.90       2.86       2.87
                                                                 ------------
    Totals......................................................      63.80      69.74      74.71      76.34      63.80      59.72      56.76      56.34
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Our review of the 2000 episode and 2000 attainment demonstration 
modeling shows that it should be approved. We have also reviewed the 
2001 episode modeling and the maintenance demonstration modeling (for 
2005, 2006, 2008, 2011, 2014, and 2015) and have concluded this 
modeling should also be approved. The State has adopted acceptable 
control strategies and has performed modeling that meets our modeling 
guidance requirements for the CO NAAQS. Modeling based on adopted and 
existing control measures demonstrates attainment of the CO NAAQS in 
2000 and maintenance through 2015. Our evaluation of the 2000 
attainment plan appears in section IX below and our evaluation of the 
maintenance demonstration appears in section X below.

IX. EPA's Evaluation of the Provo Area's 2000 Attainment Demonstration 
and Plan

    The State's 2000 attainment plan for the Provo area is based on 
relevant data for the calendar year 2000; specifically for a winter-
time episode. The monitoring data and episode selection are described 
further above in section VIII and in Volume 12, Section 4.b.ii of the 
State's TSD. Components of the attainment plan discussed here involve 
the base case emission inventory for 2000, the control measures in 
place in 2000, and the results of the attainment demonstration episode 
modeling.

A. Base Case Emission Inventory for 2000

    As described in section IX.C.6.c.(3) of the Provo CO Plan, the 
State prepared a winter-time episode CO emission inventory that would 
serve both the purpose of a base case inventory for the 2000 attainment 
plan and as the attainment year inventory for the maintenance plan. The 
State used demographic data that was provided by

[[Page 66270]]

the metropolitan planning organization (MPO): the Mountainland 
Association of Governments (MAG). MAG provided the necessary 
demographic data, the applicable transportation data, and prepared the 
on-road mobile sources portion of the inventory. This information and 
associated analyses are provided in Volume 10, Section 3.b.i of the 
State's TSD. Area source emissions and non-road source emissions are 
discussed in Volume 10 and Volume 11 of the State's TSD. Section 
IX.C.6.c.(3)(a) of the Provo CO Plan states there are no major point 
sources of CO within the Provo City limits (the non-major point source 
CO emissions were included with the area sources). The State notes that 
with the development of the 1994 SIP submittal, two major point sources 
of CO emissions existed in Utah County, but outside the Provo City 
municipal boundary. With the development of the 1994 SIP submittal, the 
State performed an analysis that indicated these two major point 
sources did not have a significant impact on the Provo nonattainment 
area. This particular analysis is further described in Volume 1, 
Section 2 of the State's TSD. The State indicates in section 
IX.C.6.c.(3)(a) that emissions from these two major point sources were 
input into the UAM-AERO modeling domain and that the intersection 
modeling analyses with CAL3QHC-R were paired in time and space with the 
output from UAM-AERO.
    The 2000 base-year episode inventory is presented in section 
IX.C.6.c(3) ``Table 4. 2000 Provo Attainment-Episode Inventory'' of the 
Provo CO Plan and the emissions are: Point sources = 0.03 tons per day 
(tpd) of CO, Area sources = 1.28 tpd of CO, Non-road = 3.05 tpd of CO, 
On-road mobile = 59.44 tpd of CO. The total is 63.80 tpd of CO.

B. Control Strategies To Attain the CO NAAQS

    The 2000 base case inventory accounts for control measures that 
were in place for the Provo area at that time. These State control 
measures, that are described below and in section IX.C.6.c.(4)(c) of 
the Provo CO Plan, were: (1) Oxygenated gasoline, (2) motor vehicle I/
M, and (3) residential woodburning controls. These State control 
measures were in addition to the Federally-mandated regulations for 
motor vehicle exhaust (or tailpipe) emissions and the Federally-
mandated regulations for exhaust emissions from non-road engines.
    1. Oxygenated Gasoline Program. As described in section 
IX.C.6.c.(4)(c)(i) of the Provo CO Plan, the oxygenated gasoline 
program for 2000 involved a winter season control period of November 
through February, with a minimum requirement for 3.1% by weight oxygen 
content for gasoline sold in Utah County.
    2. Gasoline Vehicle Emissions Inspection and Maintenance (I/M) 
Program. As described in section IX.C.6.c.(4)(c)(ii) of the Provo CO 
Plan, model year 1968 through 1995 cars and trucks fueled with 
gasoline, propane, or natural gas, owned by residents of Utah County, 
including the Provo area, were subject to an annual two-speed idle test 
program. Vehicles of model year 1996 and newer underwent an On-Board 
Diagnostics (OBD) inspection. The I/M program was primarily a de-
centralized test-and-repair program. We gave interim final approval to 
this I/M program on June 9, 1997 (62 FR 31349). Based on the NHSDA, we 
determined that Utah County's I/M program was equivalent to a test-only 
program with our final approval on September 12, 2002 (67 FR 57744).
    3. Residential Wood-burning Controls. As described in section 
IX.C.6.c.(4)(c)(iii) of the Provo CO Plan, the State initiated controls 
on residential woodburning stoves and fireplaces with the adoption of 
Rule R307-1-4.12, which was included with the July 11, 1994 submittal. 
Further information on this particular rule (now re-numbered R307-302-3 
and -4) is provided in section XIV below and in Volume 1, Section 2 of 
the State's TSD. The rule provided for a ``Red'' status, or mandatory 
no-burn, when ambient CO concentrations reached 6.0 ppm and the 
forecasted meteorological conditions were such that carbon monoxide 
levels might continue to increase.

C. Attainment Demonstration Episode Modeling for 2000

    As described in section IX.C.6.c.(4) of the Provo CO Plan, the 
attainment demonstration modeling for 2000 was performed using UAM-AERO 
dispersion model along with the CAL3QHC-R intersection model. The 
modeling was performed according to the Modeling Protocol, which is 
contained in Volume 12, Section 4.b.i of the State's TSD.
    1. Modeling Analysis. In section IX.C.6.c.(4)(a) of the Provo CO 
Plan, the State indicates that the technical evaluation of the CO 
concentrations in the Provo area was completed in 1994 and concluded 
that the CO problem was occurring primarily at one intersection on 
University Avenue in Provo (see Volume 1, Section 2 of the State's 
TSD.) The 1994 analysis also considered the potential influence of two 
large point sources of CO (Geneva Steel and Pacific States Cast Iron 
Pipe), but concluded that intersections in the Provo area were not 
being significantly affected by emissions from these sources. The State 
also states that detailed meteorological analysis of both the 
observation record and prognostic modeling (for use with UAM-AERO) 
showed that specific meteorological conditions accompanied the elevated 
CO concentrations. The State indicates that analysis of the CO ambient 
air quality monitoring database for the Provo area, along with the 
meteorological record over the last decade, essentially reaches the 
same conclusions as the original 1994 analysis: the elevated CO 
concentrations at specific intersections are locally produced by 
traffic and not influenced by emissions from point sources. We note 
that Section 2 of the Episode Selection Document (Volume 12, Section 
4.b.ii of the State's TSD) describes in detail the analysis used to 
select the episode for the year 2000 attainment demonstration.
    2. Episode Modeling and Attainment Demonstration for 2000. Volume 
12, Section 4.a, ``UAM-CAL3QHC Modeling'' of the State's TSD describes 
in detail the use of the UAM-AERO dispersion model to generate the 
background, gridded CO values. This section of the TSD also describes 
the use of the CAL3QHC-R intersection model to calculate the 
contribution of CO emissions from automobiles at particular 
intersections. The predicted CO concentrations from these two models 
are summed to derive an estimate of the total CO concentrations that 
can be expected at specific intersections.
    As required by us, the State evaluated the three intersections with 
the highest VMT counts and the three intersections with the lowest 
Level Of Service (LOS) in the Provo area. These intersections are: (1) 
University Avenue and University Parkway, (2) 1230 North (West Bulldog 
Boulevard) and University Avenue, (3) 1230 North (West Bulldog 
Boulevard) and 500 West (State Street), (4) 500 West and Center Street, 
and (5) 500 North and University Avenue with University Avenue and 
Center Street. The last entry is actually two intersections--these two 
intersections are the nearest major intersections to the ambient CO air 
quality monitor located at 363 North University Avenue. These 
intersections and the modeling results are presented in Table 5 in the 
Provo CO Plan and in Table IX-1 below.
    The State modeled the 2000 episode with control strategies that 
were in

[[Page 66271]]

place at that time. Results of the modeling are presented in Table 5 of 
the Provo CO Plan and in our Table IX-1 below and indicate there were 
no modeled exceedances of the CO NAAQS (values are less than 9.0 ppm) 
at the specified intersections. The State also states in section 
IX.C.6.c.(4)(a) of the Provo CO Plan that there were no modeled 
exceedances of the CO NAAQS throughout the modeling domain. Therefore, 
the State has satisfactorily demonstrated attainment of the CO NAAQS 
for 2000 for the Provo area. Additional information about the 2000 
episode modeling is provided in section VIII above and in Volume 12, 
Section 4.b.i of the State's TSD.

      Table IX-1.--2000 Episode Predicted 8-Hour CO Concentrations
------------------------------------------------------------------------
                                                       Concentration  in
                Intersection location                     ppm  (UAM &
                                                           CAL3QHC-R)
------------------------------------------------------------------------
University Ave. & University Parkway.................                8.3
1230 North & University Ave..........................                7.1
1230 North & 500 West................................                7.7
500 West & Center St.................................                8.5
500 North & University Ave. & Center St..............                8.6
------------------------------------------------------------------------

X. EPA's Evaluation of the Provo Area's Redesignation Request and 
Maintenance Plan

    We have reviewed the Provo area's redesignation request and 
maintenance plan (section IX.C.6.d of the Provo CO Plan) and believe 
that approval of the request is warranted, consistent with the 
requirements of CAA section 107(d)(3)(E). Under the CAA, we can change 
designations if acceptable data are available and if certain other 
requirements are met. See CAA section 107(d)(3)(D). Section 
107(d)(3)(E) of the CAA provides that the Administrator may not 
promulgate a redesignation of a nonattainment area to attainment 
unless:
    (i) The Administrator determines that the area has attained the 
national ambient air quality standard;
    (ii) The Administrator has fully approved the applicable 
implementation plan for the area under CAA section 110(k);
    (iii) The Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable implementation plan and 
applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions;
    (iv) The Administrator has fully approved a maintenance plan for 
the area as meeting the requirements of CAA section 175A; and,
    (v) The State containing such area has met all requirements 
applicable to the area under section 110 and part D of the CAA.
    Before we can approve the redesignation request, we must decide 
that all applicable SIP elements have been fully approved. Approval of 
the applicable SIP elements may occur simultaneously with final 
approval of the redesignation request. That's why we are also approving 
the 2000 attainment demonstration and plan, and the revisions to Utah's 
Rule R307-110-12, Rule R307-110-31, Rule R307-110-34, and R307-1-4.12 
(now re-numbered R307-302-3 and -4). The following are descriptions of 
how the section 107(d)(3)(E) requirements are being addressed.

A. Redesignation Criterion: The Area Must Have Attained the Carbon 
Monoxide (CO) NAAQS

    Section 107(d)(3)(E)(i) of the CAA states that for an area to be 
redesignated to attainment, the Administrator must determine that the 
area has attained the applicable NAAQS. As described in 40 CFR 50.8, 
the national primary ambient air quality standard for carbon monoxide 
is 9 parts per million (10 milligrams per cubic meter) for an 8-hour 
average concentration not to be exceeded more than once per year. 40 
CFR 50.8 continues by stating that the levels of CO in the ambient air 
shall be measured by a reference method based on 40 CFR part 50, 
Appendix C and designated in accordance with 40 CFR part 53 or an 
equivalent method designated in accordance with 40 CFR part 53. As 
stated above in section VI and as described in section IX.C.6.b of the 
Provo CO Plan, ambient air quality monitoring data for calendar years 
1994 through 2003 show a measured exceedance rate of the CO NAAQS of 
1.0 or less per year, per monitor, in the Provo nonattainment area. 
Further, we have reviewed ambient air quality data from 2004 and the 
first calendar quarter of 2005 and the Provo area shows continuous 
attainment of the CO NAAQS from 1994 to present. All of the data 
discussed above were collected and analyzed as required by EPA (see 40 
CFR 50.8 and 40 CFR part 50, Appendix C) and have been archived by the 
State in our Air Quality System (AQS) national database. Therefore, we 
believe the Provo area has met the first component for redesignation: 
demonstration of attainment of the CO NAAQS. We note that the State of 
Utah has also committed, in the maintenance plan, to continue the 
necessary operation of the CO monitors in compliance with all 
applicable federal regulations and guidelines.

B. Redesignation Criterion: The Area Must Have Met All Applicable 
Requirements Under Section 110 and Part D of the CAA

    To be redesignated to attainment, section 107(d)(3)(E)(v) requires 
that an area must meet all applicable requirements under section 110 
and part D of the CAA. We interpret section 107(d)(3)(E)(v) to mean 
that for a redesignation to be approved by us, the State must meet all 
requirements that applied to the subject area prior to or at the time 
of submission of a complete redesignation request. In our evaluation of 
a redesignation request, we don't need to consider other requirements 
of the CAA that became due after the date of submission of a complete 
redesignation request.
1. CAA Section 110 Requirements
    On August 15, 1984, we approved revisions to Utah's SIP as meeting 
the requirements of section 110(a)(2) of the CAA (see 45 FR 32575). 
Although section 110 of the CAA was amended in 1990, most of the 
changes were not substantial. Thus, we have determined that the SIP 
revisions approved in 1984 continue to satisfy the requirements of 
section 110(a)(2). In addition, we have analyzed the SIP elements we 
are approving as part of this action, and we have determined they 
comply with the relevant requirements of section 110(a)(2).

[[Page 66272]]

2. Part D Requirements
    Before the Provo ``moderate'' CO nonattainment area may be 
redesignated to attainment, the State 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 the basic nonattainment requirements 
applicable to all nonattainment areas, whether classified or 
nonclassifiable. Subpart 3 of part D contains specific provisions for 
``moderate'' CO nonattainment areas.
    The relevant subpart 1 requirements are contained in sections 
172(c) and 176. Our General Preamble (see 57 FR 13529, 13533, April 16, 
1992) provides EPA's interpretations of the CAA requirements for 
``moderate'' CO areas.
    The General Preamble (see 57 FR 13530, et seq.) provides that the 
applicable requirements of CAA section 172 are 172(c)(3) (emissions 
inventory), 172(c)(5) (new source review permitting program), 172(c)(7) 
(the section 110(a)(2) air quality monitoring requirements), and 
172(c)(9) (contingency measures). It is also worth noting that we 
interpreted the requirements of sections 172(c)(2) (reasonable further 
progress--RFP) and 172(c)(6) (other measures) as being irrelevant to a 
redesignation request because they only have meaning for an area that 
is not attaining the standard. See EPA's September 4, 1992, memorandum 
entitled, ``Procedures for Processing Requests to Redesignate Areas to 
Attainment'', and the General Preamble, 57 FR at 13564, dated April 16, 
1992. Finally, the State has not sought to exercise the options that 
would trigger sections 172(c)(4) (identification of certain emissions 
increases) and 172(c)(8) (equivalent techniques). Thus, these 
provisions are also not relevant to this redesignation request.
    Regarding the requirements of sections 172(c)(3) (inventory) and 
172(c)(9) (contingency measures) and how the Provo area met these 
requirements, please refer to our discussions above in section VII. A., 
``Base year inventory,'' concerning section 187(a)(1) of the CAA, and 
section VII. C., ``Contingency provisions,'' concerning section 
187(a)(3) of the CAA, which are provisions of subpart 3 of Part D of 
the CAA that establish the same requirements as sections 172(c)(3) and 
172(c)(9).
    For the section 172(c)(5) New Source Review (NSR) requirements, the 
CAA requires all nonattainment areas to meet several requirements 
regarding NSR, including provisions to ensure that increased emissions 
will not result from any new or modified stationary major sources and a 
general offset rule. The State of Utah has a fully-approved NSR program 
(60 FR 22277, May 5, 1995.) The State also has a fully approved 
Prevention of Significant Deterioration (PSD) program (56 FR 29436, 
June 27, 1991) that will apply, instead of nonattainment NSR, if we 
approve the redesignation to attainment.
    For the CAA section 172(c)(7) provisions (compliance with the CAA 
section 110(a)(2) Air Quality Monitoring Requirements), our 
interpretations are presented in the General Preamble (57 FR 13535). CO 
nonattainment areas are to meet the ``applicable'' air quality 
monitoring requirements of section 110(a)(2) of the CAA. We have 
determined that the Provo area has met the applicable air quality 
monitoring requirements of section 110(a)(2) of the CAA. See our 
descriptions in section VI above.
    Section 176 of the CAA contains requirements related to conformity. 
Although EPA's regulations (see 40 CFR 51.390) require that states 
adopt transportation conformity provisions in their SIPs for areas 
designated nonattainment or subject to an EPA-approved maintenance 
plan, we have decided that a transportation conformity SIP is not an 
applicable requirement for purposes of evaluating a redesignation 
request under section 107(d) of the CAA. This decision is reflected in 
EPA's 1996 approval of the Boston carbon monoxide redesignation. (See 
61 FR 2918, January 30, 1996.)
    The relevant Subpart 3 provisions were created when the CAA was 
amended on November 15, 1990. The new CAA requirements for ``moderate'' 
CO areas, such as Provo, required that the SIP be revised to include a 
1990 base year emissions inventory (CAA section 187(a)(1)), vehicle 
miles traveled tracking (CAA section 187(a)(2)(A)), contingency 
provisions (CAA section 187(a)(3)), corrections to existing motor 
vehicle inspection and maintenance (I/M) programs (CAA section 
187(a)(4)), periodic emission inventories (CAA section 187(a)(5)), 
enhanced motor vehicle I/M program (CAA section 187(a)(6)), and a 
modeled attainment demonstration with specific annual emissions 
reductions (CAA section 187(a)(7)). Title II, Part A of the CAA also 
requires the implementation of an oxygenated fuels program (CAA section 
211(m)(1)).
    These CAA Subpart 3 provisions have been met for the Provo area. 
Our discussions appear earlier in this action. Please refer to the 
sections of our action listed as follows for the appropriate 
discussion: (a) 1990 base year emissions inventory requirement of 
section 187(a)(1) of the CAA, see section VII.A., (b) vehicle miles 
traveled tracking requirement of section 187(a)(2)(A) of the CAA, see 
section VII.B, (c) contingency provisions of section 187(a)(3) of the 
CAA, see section VII.C, (d) corrections to existing motor vehicle 
inspection and maintenance (I/M) programs as required by section 
187(a)(4) of the CAA, see section VII.D, (e) periodic emission 
inventory requirement of section 187(a)(5) of the CAA, see section 
VII.E, (f) enhanced motor vehicle I/M program requirement of section 
187(a)(6) of the CAA, see section VII.F, and (g) the requirement of 
section 187(a)(7) of the CAA for a modeled attainment demonstration 
with specific annual emissions reductions, see section VII.G. Regarding 
the CAA Title II, Part A requirement for the implementation of an 
oxygenated fuels program to meet the requirements of section 211(m)(1) 
of the CAA, see section VII.H.

C. Redesignation Criterion: The Area Must Have a Fully Approved SIP 
Under Section 110(k) of the CAA

    Section 107(d)(3)(E)(ii) of the CAA states that for an area to be 
redesignated to attainment, it must be determined that the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k).
    As noted above, EPA previously approved (or sufficiently explained 
otherwise) SIP revisions based on the pre-1990 CAA as well as SIP 
revisions required under the 1990 amendments to the CAA. In this 
action, EPA is approving the Provo area's 2000 attainment demonstration 
and plan, the revisions to Rule R307-110-12, the revisions to Rule 
R307-110-31, the revisions to Rule R307-110-34, Rules R307-302-3 and -
4, and the request to eliminate the Federal applicability of Rule R307-
301. Thus, with our final approval of these SIP revisions, we will have 
fully approved the Provo area's CO element of the SIP under section 
110(k) of the CAA.

D. Redesignation Criterion: The Area Must Show That the Improvement in 
Air Quality Is Due to Permanent and Enforceable Emissions Reductions

    Section 107(d)(3)(E)(iii) of the CAA provides that for an area to 
be redesignated to attainment, the Administrator must determine that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from

[[Page 66273]]

implementation of the applicable implementation plan, implementation of 
applicable Federal air pollutant control regulations, and other 
permanent and enforceable reductions.
    The CO emissions reductions for the Provo area, that are further 
described in section IX.C.6.c(4)(c) ``Control Strategies to Attain the 
NAAQS'' of the attainment plan, were achieved primarily through the 
State's basic I/M program, improved I/M program, woodburning controls, 
oxygenated gasoline program, and the Federal Motor Vehicle Control 
Program (FMVCP).
    The four State control strategies listed above are fully discussed 
in section VIII.B above. Regarding FMVCP, these are Federal provisions 
that require vehicle manufacturers to meet more stringent vehicle 
emission limitations for new vehicles in future years. These emission 
limitations are phased in (as a percentage of new vehicles 
manufactured) over a period of years. As new, lower emitting vehicles 
replace older, higher emitting vehicles (``fleet turnover''), emission 
reductions are realized for a particular area such as Provo.
    We have evaluated the various State and Federal control measures, 
the original 1990 base year emission inventory (60 FR 33745, June 29, 
1995), the 1993 periodic emission inventory (63 FR 18122, April 14, 
1998), the 1996 periodic emission inventory (65 FR 63546, October 24, 
2000), and the 2000 attainment year inventory provided with the State's 
April 1, 2004 submittal and have concluded that the improvement in air 
quality in the Provo nonattainment area has resulted from emission 
reductions that are permanent and enforceable.

E. Redesignation Criterion: The Area Must Have a Fully Approved 
Maintenance Plan Under CAA Section 175A

    Section 107(d)(3)(E)(iv) of the CAA provides that for an area to be 
redesignated to attainment, the Administrator must have fully approved 
a maintenance plan for the area meeting the requirements of section 
175A of the CAA.
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
The maintenance plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after the Administrator 
approves a redesignation to attainment. Eight years after the 
promulgation of the redesignation, the State must submit a revised 
maintenance plan that demonstrates continued attainment for the 
subsequent ten-year period following the initial ten-year maintenance 
period. To address the possibility of future NAAQS violations, the 
maintenance plan must contain contingency measures, with a schedule for 
adoption and implementation, that are adequate to assure prompt 
correction of a violation. In addition, we issued further maintenance 
plan interpretations in the ``General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990'' (57 FR 13498, 
April 16, 1992), ``General Preamble for the Implementation of Title I 
of the Clean Air Act Amendments of 1990; Supplemental'' (57 FR 18070, 
April 28, 1992), and the EPA guidance memorandum entitled ``Procedures 
for Processing Requests to Redesignate Areas to Attainment'' from John 
Calcagni, Director, Air Quality Management Division, Office of Air 
Quality and Planning Standards, to Regional Air Division Directors, 
dated September 4, 1992.
    In this Federal Register action, EPA is approving the maintenance 
plan for the Provo nonattainment area because we have determined, as 
detailed below, that the State's maintenance plan meets the 
requirements of section 175A and is consistent with the documents 
referenced above. Our analysis of the pertinent maintenance plan 
requirements, with reference to the Governor's April 1, 2004, 
submittal, is provided as follows:
1. Emissions Inventories--Attainment Year and Projections
    EPA's interpretations of the CAA section 175A maintenance plan 
requirements are generally provided in the General Preamble (see 57 FR 
13498, April 16, 1992) and the September 4, 1992, Calcagni Memorandum 
referenced above. Under our interpretations, areas seeking to 
redesignate to attainment for CO may demonstrate future maintenance of 
the CO NAAQS either by showing that future CO emissions will be equal 
to or less than the attainment year emissions or by providing a 
modeling demonstration. However, under the CAA, many areas (such as 
Provo) were required to submit a modeled attainment demonstration to 
show that reductions in emissions would be sufficient to attain the 
applicable NAAQS. For these areas, the maintenance demonstration is to 
be based on the same level of modeling (see the September 4, 1992, 
Calcagni Memorandum). As noted above in section IX, for the Provo area, 
this involved the use of UAM-AERO in conjunction with intersection 
modeling using the CAL3QHC-R model.
    The maintenance plan that the Governor submitted on April 1, 2004, 
included comprehensive inventories of CO emissions for the Provo area. 
These inventories include emissions from stationary point sources, area 
sources, non-road mobile sources, and on-road mobile sources. The State 
used the 2000 attainment year inventory and included interim-year 
projections with a final maintenance year of 2015. More detailed 
descriptions of the 2000 attainment year inventory and the projected 
inventories are documented in the maintenance plan in section IX.C.6.e. 
and in Volumes 9, 10, 11, and 12 of the State's TSD. The State's 
submittal contains detailed emission inventory information that was 
prepared in accordance with EPA guidance. Summary emission figures from 
the 2000 attainment year and the projected years are provided in Table 
X-1 below.

                                  Table X-1.--CO Emission Inventories for the Provo Area Portion of the Modeling Domain
                                                               [All in tons per day of CO]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Source category                             2000       2001       2005       2006       2008       2011       2014       2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources...................................................       0.03       0.03       0.04       0.04       0.04       0.04       0.05       0.05
Area Sources....................................................       1.28       1.28       1.18       1.17       1.10       1.03       0.97       0.96
On-road Mobile Sources..........................................      59.44      65.38      70.44      72.10      59.69      55.75      52.88      52.46
Non-road Sources................................................       3.05       3.05       3.05       3.03       2.97       2.90       2.86       2.87
                                                                 ------------
    Totals......................................................      63.80      69.74      74.71      76.34      63.80      59.72      56.76      56.34
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 66274]]

2. Demonstration of Maintenance
    The September 4, 1992, Calcagni Memorandum states that where 
modeling was relied on to demonstrate maintenance, the plan is to 
contain a summary of the air quality concentrations expected to result 
from the application of the control strategies. Also, the plan is to 
identify and describe the dispersion model or other air quality model 
used to project ambient concentrations.
    For the Provo CO maintenance demonstration, the State used UAM-AERO 
in conjunction with concentrations derived from the CAL3QHC-R 
intersection model. This was the same level of modeling the State used 
for the 2000 Provo CO SIP attainment demonstration, discussed in 
section IX.C.6.c of the Provo CO Plan and in section IX above, to meet 
the requirements of section 187(a)(7) of the CAA. The UAM-AERO and 
CAL3QHC-R models were applied to both the 2000 and 2001 episodes and 
were used to predict concentrations in 2000, 2001, 2005, 2006, 2008, 
2011, 2014, and 2015 for the intersections identified for the 2000 
attainment demonstration (see section IX.C.6.c of the Provo CO Plan and 
section IX above.) This modeling effort was performed consistently with 
our modeling guidance.
    The results of the State's modeling for the 2000 and 2001 episodes 
and projections for 2004, 2005, 2006, 2007, 2008, 2011, 2014 and 2015 
are presented in section IX.C.6.e.2 of the maintenance plan and in the 
Volume 12 of the State's TSD, and are reproduced in Table X-2 and Table 
X-3 below. We note that the State also modeled emissions for 2004 and 
2007. The 2004 modeling was performed to confirm there would be no 
adverse impacts from eliminating the oxygenated gasoline program in 
that year and the 2007 modeling was performed at the specific request 
of Mountainland Association of Governments (MAG), which is the 
metropolitan planning organization (MPO) for the Provo area.

                                    Table X-2.--2000 Episode and Projections, 8-Hour Maximum CO Concentrations in ppm
                                                        [UAM-AERO and CAL3QHC-R combined results]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Intersection location                     2000       2004       2005       2006       2007       2008       2011       2014       2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
University Ave. & University Parkway.................        8.3        7.9        7.9        8.1        6.5        6.5        6.0        5.6        5.5
1230 North & University Ave..........................        7.1        6.6        6.6        6.8        5.5        5.5        5.0        4.7        4.6
1230 North & 500 West................................        7.7        7.2        7.2        7.3        5.9        5.9        5.4        5.0        4.9
500 West & Center St.................................        8.5        8.0        8.0        8.2        6.5        6.5        6.1        5.6        5.6
500 North & University Ave. & Center St..............        8.6        8.4        8.3        8.5        6.9        6.9        6.3        5.9        5.8
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                    Table X-3.--2001 Episode and Projections, 8-Hour Maximum CO Concentrations in ppm
                                                        [UAM-AERO and CAL3QHC-R combined results]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Intersection location                     2001       2004       2005       2006       2007       2008       2011       2014       2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
University Ave. & University Parkway.................        7.5        8.7        8.7        7.3        5.8        5.8        5.4        4.9        4.9
1230 North & University Ave..........................        6.7        5.8        5.8        5.8        4.7        4.7        4.3        4.0        3.9
1230 North & 500 West................................        5.8        5.2        5.2        5.2        4.2        4.2        3.8        3.5        3.4
500 West & Center St.................................        8.3        8.2        8.1        8.2        6.7        6.7        6.1        5.7        5.7
500 North & University Ave. & Center St..............        9.2        8.9        8.8        8.9        7.3        7.3        6.7        6.2        6.1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As presented in Table 15 of the Provo CO Plan, and our Table X-3 
above, the 500 North and University Avenue and Center Street shows a 
modeled exceedance of the 8-hour CO NAAQS (9.0 ppm) in 2001 (predicted 
value of 9.2 ppm). The State notes in section IX.C.6.e.(2)(b) of the 
Provo CO Plan that the highest actual monitored 8-hour CO value in 2001 
was 7.5 ppm. The State also notes that this CO value was recorded at a 
monitor that is only three blocks from this particular intersection. 
The State concludes that, because the monitored data for 2001 indicate 
no exceedances of the CO NAAQS for the Provo area and the modeled CO 
values for all future years are less than the 8-hour CO NAAQS (9.0 
ppm), maintenance of the CO NAAQS is demonstrated.
    We consider the State's position to be reasonable regarding the 9.2 
ppm value in 2001 and agree with the conclusion regarding the 
maintenance demonstration as it begins in 2004. As additional support, 
we note that an area is considered to be in attainment for the 8-hour 
CO NAAQS when no more than one value above 9 ppm is recorded at any 
single monitor in the same calendar year. Further, to account for 
instrument uncertainties, data are rounded to the nearest 1 ppm before 
comparison to the NAAQS. Thus, measured values up to 9.4 ppm are 
rounded to 9 ppm and not considered to exceed the CO NAAQS.
    Therefore, we accept the State's modeling results, which predict no 
8-hour CO values above 9 ppm after 2001 for all projection years, as 
evaluated with both the 2000 and 2001 episodes, and find that 
maintenance of the CO NAAQS is satisfactorily demonstrated through 
2015. Further information regarding the modeling strategy and results 
is included in Volume 12, section 4.b.ii of the State's TSD.
3. Monitoring Network and Verification of Continued Attainment
    Continued attainment of the CO NAAQS in the Provo area depends, in 
part, on the State's efforts to track indicators throughout the 
maintenance period. This requirement is met in section IX.C.6.e.(5) of 
the Provo CO Plan. In section IX.C.6.e.(5)(a) the State commits to 
track emission inventory data and compare that information to the 
emission inventory data in the Provo CO Plan. In section 
IX.C.6.e.(5)(b) commits to continue the operation of the CO monitors in 
the Provo area and in section IX.C.6.e.(5)(c), to annually review this 
monitoring network and make changes as appropriate.
    Based on the above, we are approving these commitments as 
satisfying the

[[Page 66275]]

relevant requirements and note that this approval will render the 
State's commitments federally enforceable.
4. Contingency Plan
    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions. To meet this requirement, the State has 
identified appropriate contingency measures along with a schedule for 
the development and implementation of such measures.
    As stated in section IX.C.6.e.(4)(a) of the Provo CO Plan, the 
contingency measures for the Provo area will be triggered by a 
violation of the CO NAAQS.
    The State, in coordination with the UAQB, will initiate a process 
to begin evaluating potential contingency measures no more than 30 days 
after being notified that a violation of the CO NAAQS has occurred. The 
State will present recommendations to the UAQB within 45 days of 
notification. The UAQB will then hold a public hearing to consider the 
contingency measures recommended by the State, along with any other 
contingency measures that the UAQB believes may be appropriate to 
effectively address the violation of the CO NAAQS. The necessary 
contingency measures will be adopted and implemented before November 1 
of the beginning of the next winter season.\3\
---------------------------------------------------------------------------

    \3\ Section IX.C.6.e.(4)(b) of the maintenance plan indicates 
that implementation of either the oxygenated gasoline program or 
annual vehicle inspections will require some lead time. We do not 
view this statement as modifying the commitment to implement any 
contingency measures before November 1 of the beginning of the next 
winter season following a violation. Our decision to approve the 
maintenance plan is partially based on this commitment.
---------------------------------------------------------------------------

    The potential contingency measures that are identified in section 
IX.C.6.e.(4)(c) of the Provo CO Plan include (a) implementation of a 
2.7% oxygenated fuels program in Utah County from November 1st through 
the end of February, and (b) a return to annual vehicle emissions 
inspections. A more complete description of the triggering mechanism 
and these contingency measures can be found in section IX.C.6.e.(4)(b) 
and (c) of the Provo CO Plan.
    Based on the above, we find that the contingency plan provided in 
the Provo CO Plan meets the requirements of section 175A(d) of the CAA.
5. Subsequent Maintenance Plan Revisions
    In accordance with section 175A(b) of the CAA, Utah has committed 
to submit a revised maintenance plan eight years after our approval of 
the redesignation. This provision for revising the maintenance plan is 
contained in section IX.C.6.e.(5)(f) of the Provo CO Plan.
6. Revisions to Existing Control Measures for the Maintenance Plan
    The Governor's submittal letter of April 1, 2004, stated that 
because the maintenance demonstration showed the CO NAAQS could be 
maintained through the next 10 years (i.e., 2015), the Governor was 
requesting that EPA remove the Federal applicability of the oxygenated 
gasoline program for Utah County. This request was further described in 
section IX.C.6.e.(3) of the Provo CO Plan. There the State indicates 
that the UAM-AERO and CAL3QHC-R modeling did not include any emission 
reductions credits for an oxygenated gasoline program beginning in 2004 
and extending through 2015. In addition, section IX.C.6.e.(3) states 
that due to better durability of emissions control equipment and a 
lower failure rate of newer vehicles, the State is switching from an 
annual to a biennial vehicle inspection requirement for vehicles less 
than six years old. The State's modeling accounts for this change and 
still demonstrates maintenance. We agree with these revisions to the 
Provo area's CO control measures. The modeling results presented in 
Tables 14 and 15 in the Provo CO Plan, and presented above in our 
Tables X-2 and X-3, demonstrate maintenance of the CO NAAQS from 2004 
through 2015, even with these changes.
    Based on our review and evaluation of the components of the Provo 
CO Plan, as discussed in our items X.A through X.E above, we have 
concluded that the State has met the necessary requirements in order 
for us to approve the Provo CO Plan's redesignation request from 
nonattainment to attainment for CO, the maintenance demonstration, and 
the required maintenance plan components.

XI. EPA's Evaluation of the Transportation Conformity Requirements

    One key provision of our conformity regulation requires a 
demonstration that emissions from the transportation plan and 
Transportation Improvement Program are consistent with the emissions 
budget(s) in the SIP (40 CFR sections 93.118 and 93.124). The emissions 
budget is defined as the level of mobile source emissions relied upon 
in the attainment or maintenance demonstration to maintain compliance 
with the NAAQS in the nonattainment or maintenance area. The rule's 
requirements and EPA's policy on emissions budgets are found in the 
preamble to the November 24, 1993, transportation conformity rule (58 
FR 62193-96) and in the sections of the rule referenced above. In 
addition, section 93.118 of our conformity rule requires that motor 
vehicle emissions budgets (MVEB) must be established for the last year 
of a maintenance plan and may be established for any other years deemed 
appropriate by the State.
    Based on the above, for transportation plan analysis years after 
the last year of the maintenance plan (in this case 2015 for the Provo 
CO Plan), a conformity determination must show that emissions are less 
than or equal to the maintenance plan's specified MVEB for the last 
year of the maintenance plan. EPA's conformity regulation (40 CFR 
93.124) also allows the implementation plan to quantify explicitly the 
amount by which motor vehicle emissions could be higher while still 
demonstrating compliance with the maintenance requirement. The 
implementation plan can then allocate some or all of this additional 
``safety margin'' to the emissions budget(s) for transportation 
conformity purposes.
    Section IX.C.6.f of the Provo CO Plan briefly describes the 
applicable transportation conformity requirements, provides MVEB 
information for 2014 and 2015, identifies ``safety margin,'' indicates 
that the UAQB allocated some of the ``safety margin'' to the 2014 and 
2015 MVEBs, and provides UAM-AERO/CAL3QHC-R modeling that includes the 
2014 and 2015 MVEBs for intersections noted above.

A. MVEB for 2014

    In Table 13 of the Provo CO Plan, the State identified CO emissions 
from point sources of 0.05 tons per day (tpd), emissions from area 
sources of 0.97 tpd, emissions from non-road sources of 2.86 tpd, and 
emissions from on-road mobile sources of 52.88 tpd for 2014. Modeling 
with UAM-AERO and CAL3QHC-R, as described above, predicted maintenance 
of the CO NAAQS at the evaluated intersections as presented in Tables 
14 and 15 of the Provo CO maintenance plan. For the 2014 MVEB, the 
State increased the on-road mobile source emissions from 52.88 tpd to 
70.44 tpd, thus producing a ``safety margin'' of 17.56 tpd. In section 
IX.C.6.f of the Provo CO Plan, this 17.56 tpd of ``safety margin'' is 
allocated to the 2014 MVEB producing the 70.44 tpd MVEB. The State then 
applied the UAM-AERO and CAL3QHC-R models to the above-noted 
intersections with point, area, non-road, and on-road mobile sources 
emissions discussed above and demonstrated there would be no 
exceedances of the 8-hour CO NAAQS. The modeling results for

[[Page 66276]]

the 2014 MVEB appear in Table 16 (2000 episode) and 17 (2001 episode) 
of the Provo CO Plan and are reproduced below in Table XI-1 and Table 
XI-2.

B. MVEB for 2015 and Beyond

    In Table 13 of the Provo CO Plan, the State identified CO emissions 
from point sources of 0.05 tons per day (tpd), emissions from area 
sources of 0.96 tpd, emissions from non-road sources of 2.87 tpd, and 
emissions from on-road mobile sources of 52.46 tpd in 2015. Modeling 
with UAM-AERO and CAL3QHC-R, as described above, predicted maintenance 
of the CO NAAQS at the evaluated intersections as presented in Tables 
14 and 15 of the Provo CO Plan. For the 2015 and beyond MVEB, the State 
increased the on-road mobile source emissions from 52.46 tpd to 72.10 
tpd, thus producing a ``safety margin'' of 19.64 tpd. In section 
IX.C.6.f of the Provo CO Plan, this 19.64 tpd of ``safety margin'' is 
allocated to the 2015 and beyond MVEB producing the 72.10 tpd MVEB. The 
State then applied the UAM-AERO and CAL3QHC-R models to the above-noted 
intersections with point, area, non-road, and on-road mobile sources 
emissions discussed above and demonstrated there would be no 
exceedances of the 8-hour CO NAAQS. The modeling results for the 2015 
MVEB appear in Table 16 (2000 episode) and 17 (2001 episode) of the 
Provo CO Plan and are reproduced below in Table XI-1 and Table XI-2.

      Table XI-1.--2000 Episode Predicted Conformity MVEB 8-Hour CO
                             Concentrations
------------------------------------------------------------------------
                                     Concentration in   Concentration in
                                        ppm (UAM &         ppm (UAM &
       Intersection location          CAL3QHC-R) for     CAL3QHC-R) for
                                           2014         2015 and beyond
------------------------------------------------------------------------
University Ave. & University                      6.3                6.3
 Parkway..........................
1230 North & University Ave.......                5.4                5.4
1230 North & 500 West.............                5.7                5.8
500 West & Center St..............                6.3                6.3
500 North & University Ave. &                     6.6                6.5
 Center St........................
------------------------------------------------------------------------


      Table XI-2.--2001 Episode Predicted Conformity MVEB 8-Hour CO
                             Concentrations
------------------------------------------------------------------------
                                     Concentration in   Concentration in
                                        ppm (UAM &         ppm (UAM &
       Intersection location          CAL3QHC-R) for     CAL3QHC-R) for
                                           2014         2015 and beyond
------------------------------------------------------------------------
University Ave. & University                      5.2                5.3
 Parkway..........................
1230 North & University Ave.......                4.4                4.4
1230 North & 500 West.............                3.8                3.8
500 West & Center St..............                5.9                5.9
500 North & University Ave. &                     6.6                6.6
 Center St........................
------------------------------------------------------------------------

    Pursuant to section 93.118(e)(4) of EPA's transportation conformity 
rule, as amended, EPA must determine the adequacy of submitted mobile 
source emissions budgets. EPA reviewed the Provo CO Plan's emission 
budgets for 2014 and 2015 and beyond for adequacy using the criteria in 
40 CFR 93.118(e)(4), and determined that the budgets were adequate for 
conformity purposes. EPA's adequacy determination was made in a letter 
to the Utah Division of Air Quality June 30, 2004, and was announced in 
the Federal Register on July 2, 2004 (69 FR 43412). As a result of this 
adequacy finding, the 2014 budget and the 2015 and beyond budget took 
effect for conformity determinations in the Provo area on July 17, 
2004. However, we note that we are not bound by this determination in 
acting on the Provo CO Plan.
    We have concluded that the State has satisfactorily demonstrated 
continued maintenance of the CO NAAQS while using transportation 
conformity MVEBs of 70.44 tpd for 2014 and 72.10 tpd for 2015 and 
beyond. Therefore, we are approving the transportation conformity MVEB 
of 70.44 tpd of CO, for the Provo attainment/maintenance area, for 2014 
and the transportation conformity MVEB of 72.10 tpd of CO for 2015 and 
beyond.

C. Attainment Year MVEB

    In addition to the requirements relating to the maintenance plan 
MVEBs discussed above, EPA's regulations at 40 CFR 93.101 define the 
term ``motor vehicle emissions budget'' as ``that portion of the total 
allowable emissions defined in the submitted or approved control 
strategy implementation plan revision * * * for a certain date for the 
purpose of * * * demonstrating attainment * * * of the NAAQS, for any 
criteria pollutant or its precursors, allocated to highway and transit 
vehicle use and emissions.'' The State's attainment plan for Provo CO 
falls within EPA's definition of a control strategy implementation plan 
revision (see 40 CFR 93.101). By definition, the attainment year--in 
this case 2000--is a budget year under EPA's conformity regulations. 
Because the Provo CO plan does not explicitly identify a MVEB for 2000, 
the budget value defaults to the inventory value for on-road mobile 
sources for that year. That value, and thus the MVEB, for 2000 is 59.44 
tpd of CO. This 2000 budget applies to conformity analysis years as 
specified in 40 CFR 93.118.

XII. EPA's Evaluation of the Rule R307-110-31 Revisions

    The revisions to Rule R307-110-31 involve the incorporation into 
the Utah Rules revisions to Section X of the Utah SIP entitled 
``Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability.'' The revisions to Part A involve the 
removal of a historical statement in the ``Utah I/M program history and 
general authority,'' the reference to the 2002 State legislative 
changes to Utah Code Annotated, Section 41-6-163.7 to allow I/M 
inspections to go from an annual to an every-other-year testing program 
for vehicles less than six years old, updated census figures for 1980, 
1990, and 2000 in section 2, ``Applicability,'' and an amendment to 
section 2, ``Applicability,'' under ``Test

[[Page 66277]]

Frequency'' to reflect the changes noted above to Section 41-6-163.7 of 
the Utah Code Annotated. Upon our approval, these revisions to Rule 
R307-110-31 that were adopted by the UAQB on March 31, 2004 (State 
effective on May 18, 2004, submitted by the Governor to us on April 1, 
2004) will become part of the Federally-enforceable SIP.
    We have evaluated and determined that the revisions to Rule R307-
110-31 involving ``Section X, Vehicle Inspection and Maintenance 
Program, Part A, General Requirements and Applicability'' of the Utah 
SIP described above are acceptable and we are approving them. In 
particular, we note that the State accounted for the changes to the 
rule in its maintenance demonstration, and was still able to 
demonstrate maintenance of the CO NAAQS. Furthermore, we have concluded 
that the change from an annual to a biennial program for vehicles less 
than six years old will not impact attainment of any other NAAQS. We 
have based our conclusion on our evaluation of the State-submitted 
supplemental document to the TSD entitled ``Technical Support Document 
for the Utah SIP, Section X, Vehicle Inspection & Maintenance Program, 
Part A, General Requirements, April, 2004 Final'' and on our own 
analysis which is included in the docket for this action. The program 
change will not interfere with any other applicable requirements of the 
CAA. Thus, the requirements of section 110(l) of the CAA are met.

XIII. EPA's Evaluation of the Rule R307-110-34 Revisions

    The revisions to Rule R307-110-34 involve the incorporation into 
the Utah Rules of revisions to Section X of the Utah SIP entitled 
``Vehicle Inspection and Maintenance Program, Part D, Utah County.'' 
The revisions to Part D section 1. ``I/M performance standard'' involve 
the removal of certain historical statements, the removal of references 
to EPA's MOBILE5a emission factor model, and the addition of new 
language reflecting EPA's September 12, 2002 approval (67 FR 57744) of 
Utah County's ``National Highway System Designation Act (NHSDA) of 
1995'' improved I/M program. Revisions to Part D also involve the 
removal of the obsolete language in section 2, ``Network type,'' that 
dealt with enhanced I/M provisions for Utah County and changes to 
section 5, ``Vehicle Coverage,'' to go from an annual to an every-
other-year testing program for vehicles less than six years old. In 
addition, revisions to Part D include the ``Vehicle Emission 
Inspection/Maintenance Program'' ordinance and appendices for Utah 
County as adopted by the Utah County Board of County Commissioners on 
June 10, 2003, to replace the Utah County I/M ordinance and appendices 
that were in Part D dated December 29, 1999. Upon our approval, these 
revisions to Rule R307-110-34 that were adopted by the UAQB on March 
31, 2004 (State effective on May 18, 2004, submitted by the Governor to 
us on April 1, 2004) will become part of the Federally-enforceable SIP.
    We note that in section 12.2 of Appendix 1 and in section 7.0 of 
Appendix 4 of the June 10, 2003 Utah County I/M ordinance it is stated 
that the adopted cut-points for motor vehicle emissions inspections 
contained in Appendix C to Appendix 1 (of the ordinance) shall remain 
in effect until changed by the Utah County Commission or Director. In 
addition, section 12.2 of Appendix 1 and section 7.1 of Appendix 4 also 
state that the maximum concentration of cut-points shall be determined 
by the County Commission or the Director to meet the NAAQS established 
by EPA. The maintenance demonstration, however, is based on the cut-
points contained in Appendix C to Appendix 1 of the County's I/M 
ordinance. Given this, any decision by the County Commission or the 
Director to change the cut-points in Appendix C to Appendix 1 shall 
only be Federally-effective upon EPA's approval of such change as a 
revision to the SIP. This is consistent with the interpretation of the 
Utah Division of Air Quality as expressed in an August 2, 2005 letter 
from Richard W. Sprott, Director, Utah Division of Air Quality, to 
Jerry Grover of the Utah County Commission.
    We have evaluated and determined that the revisions to Rule R307-
110-34 involving ``Section X, Vehicle Inspection and Maintenance 
Program, Part D, Utah County'' of the Utah SIP described above are 
acceptable and we are approving them. As discussed in section XII 
above, we note that the State accounted for the changes to the rule in 
its maintenance demonstration, and was still able to demonstrate 
maintenance of the CO NAAQS. Furthermore, we have concluded that the 
change from an annual to a biennial program for vehicles less than six 
years old will not impact attainment of any other NAAQS. We have based 
our conclusion on our evaluation of the State-submitted supplemental 
document to the TSD entitled ``Technical Support Document for the Utah 
SIP, Section X, Vehicle Inspection & Maintenance Program, Part A, 
General Requirements, April, 2004 Final'' and on our own analysis which 
is included in the docket for this action. The program change will not 
interfere with any other applicable requirements of the CAA. Thus, the 
requirements of section 110(l) of the CAA are met.

XIV. EPA's Evaluation of Rules R307-302-3 and -4

    Utah's Rules R307-302-3 and -4 are entitled ``No-Burn Periods for 
Carbon Monoxide'' and ``Violations'' respectively. The UAQB held a 
public hearing on the revisions to Utah's Rule R307-302-3 and -4, to 
restrict woodburning in Utah County, on June 23, 1998. The UAQB adopted 
these SIP revisions on August 13, 1998, they became State effective on 
September 15, 1998, and the Governor submitted them to us on September 
20, 1999. These revisions to Rules R307-302-3 and -4 address the 
requirements and mechanism for implementing mandatory ``no-burn'' 
periods, for residential solid fuel devices and fireplaces, when 
specified conditions occur which could lead to formation of elevated 
levels of carbon monoxide.
    We note the Governor's submittal letter of April 1, 2004, requested 
that EPA approve the July 11, 1994, woodburning rule revisions 
contained in Utah's prior Rule R307-1-4.12 in conjunction with our 
action on the Provo CO Plan. As stated earlier in this action, the 
Governor's September 20, 1999 submittal of Utah Rules R307-302-3 and -
4, comprises a re-numbered and re-titled version of R307-1-4.12. The 
text of Rules R307-302-3 and -4 is identical to the text of Rule R307-
1-4.12 that the Governor submitted on July 11, 1994.
    We have evaluated these revisions to Utah's Rules R307-302-3 and -
4. We find them acceptable and are approving them.

XV. EPA's Evaluation of the Removal of Rule R307-301

    As stated in the Governor's April 1, 2004 submittal letter, because 
the Provo CO maintenance plan was able to demonstrate maintenance of 
the CO NAAQS for the next 10 years (i.e., 2015) without the use of an 
oxygenated gasoline program, the Governor requested that EPA remove the 
State's Rule R307-301 from the Federally-approved SIP. Utah's Rule 
R307-301 will, however, remain as a contingency measure as noted in 
section IX.C.6.e.(4) of the Provo CO Plan.
    EPA is allowed to approve this elimination of the Federally-
approved oxygenated gasoline program for Utah County and the Provo area 
based on section 211(m)(6) of the CAA which states:


[[Page 66278]]


    ``ATTAINMENT AREAS--Nothing in this subsection shall be 
interpreted as requiring an oxygenated gasoline program in an area 
which is in attainment for carbon monoxide, except that in a carbon 
monoxide nonattainment area which is redesignated as attainment for 
carbon monoxide, the requirements of this subsection shall remain in 
effect to the extent such program is necessary to maintain such 
standard thereafter in the area.''

    The State has satisfied the above requirements of section 211(m)(6) 
as follows:
    A. The Provo area is in attainment for the CO NAAQS. EPA made a 
determination of attainment for the CO NAAQS for the Provo area on 
September 20, 2002 (67 FR 59165.) In addition, as is presented in the 
Provo CO Plan, ambient air quality data have been archived in AQS that 
show the Provo area has been in attainment for the CO NAAQS for the 
period of 1994-2003. We have evaluated the ambient air quality data in 
AQS and have concluded the Provo area continued to attain the CO NAAQS 
in 2004 and the first calendar quarter of 2005. Therefore, the area has 
been in continuous attainment for the CO NAAQS from 1994 to the 
present. Further information on relevant ambient air quality data is 
presented in section VI.B and X.A above and in section IX.C.6.a of the 
Provo CO Plan.
    B. The State has provided an adequate demonstration that shows, 
beginning in 2004, the oxygenated gasoline program is not needed to 
maintain the CO NAAQS in the Provo area. The State's CO maintenance 
plan for the Provo area addresses this requirement. As described in 
section IX.C.6.e of the Provo CO Plan, the State used EPA's MOBILE6.2 
emission factor model to calculate on-road mobile source emissions, 
without any emission reduction benefits from an oxygenated gasoline 
program, for 2004, 2005, 2006, 2007, 2008, 2011, 2014 and 2015. These 
on-road mobile source emissions, along with projected point, area, and 
non-road emissions were then modeled with UAM-AERO and CAL3QHC-R. As 
discussed in section IX.C.6.e of the Provo CO Plan and in section X 
above, maintenance of the CO NAAQS is demonstrated for the time period 
2004 through 2015 with the elimination of the oxygenated gasoline 
program beginning in 2004. Therefore, elimination of the oxygenated 
gasoline program will not interfere with continued maintenance of the 
CO NAAQS. In addition, in accordance with section 110(l) of the CAA, we 
find that elimination of the oxygenated gasoline program will not 
interfere with attainment of any other NAAQS or any other applicable 
requirement of the CAA. Because the oxygenated gasoline program is a 
wintertime program, its elimination will have no impact on attainment/
maintenance of the ozone NAAQS, which in Utah is a summertime concern. 
Regarding particulate matter, relevant information and data indicate 
that the elimination of the oxygenated gasoline program will have no 
impact on attainment/maintenance of either the PM<INF>10</INF> or the 
PM<INF>2.5</INF> NAAQS.
    Consistent with the foregoing, we are approving the elimination of 
Utah's Rule R307-301 from the Federally-approved SIP.

XVI. Consideration of Section 110(l) of the CAA

    Section 110(l) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of a NAAQS or any other applicable requirement of 
the CAA. The Provo CO Plan's attainment demonstration and plan, the 
maintenance plan, the revisions to the general requirements and 
applicability for automotive I/M, the revisions to the automotive I/M 
provisions for Utah County, the revisions addressing woodburning 
restrictions, and the elimination of the Federal applicability of the 
oxygenated gasoline program for Utah County will not interfere with 
attainment, reasonable further progress, or any other applicable 
requirement of the CAA. Further detail is provided in sections XII, 
XIII, and XV of this action.

XVII. Final Action

    In this action, EPA is approving the Provo area's CO attainment 
demonstration and plan for 2000, the request for redesignation from 
nonattainment to attainment for CO for the Provo area, the Provo area's 
maintenance plan, the transportation conformity CO motor vehicle 
emission budgets for the years 2014 and 2015, the revisions to Rule 
R307-110-12 (which incorporates the Provo CO Plan into the Utah Rules,) 
the revisions to Rule R307-110-31 (which incorporates the revisions to 
``Section X, Vehicle Inspection and Maintenance Program, Part A, 
General Requirements and Applicability'' into the Utah Rules), the 
revisions to Rule R307-110-34 (which incorporates the revisions to 
``Section X, Vehicle Inspection and Maintenance Program, Part D, Utah 
County'' into the Utah Rules) \4\, and the request to eliminate the 
Federal applicability of Rule R307-301, all as submitted by the 
Governor on April 1, 2004. We are also approving Rules R307-302-3 and -
4 which were submitted by the Governor on September 20, 1999. As part 
of this action, EPA is also identifying the Provo CO area motor vehicle 
emission budget of 59.44 tpd of CO for the year 2000.
---------------------------------------------------------------------------

    \4\ Please note the condition EPA expresses in section XIII of 
this action, that any decision by the Utah County Board of 
Commissioners to change cut-points will not be effective to change 
the cut-points EPA is approving in Section X, Part D, Appendix C to 
Appendix 1 of the SIP absent EPA approval as a SIP revision.
---------------------------------------------------------------------------

    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 today's 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective January 3, 2006 without 
further notice unless the Agency receives adverse comments by December 
2, 2005. If the EPA receives adverse comments, EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. The 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.

XVIII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic

[[Page 66279]]

impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on 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). This action also does not have Federalism 
implications because it does not 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). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, 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. This 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.).
    The Congressional Review Act, 5 U.S.C. section 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. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 January 3, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon Monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: October 24, 2005.
Robert E. Roberts,
Regional Administrator, Region VIII.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart TT--Utah

0
2. Section 52.2320 is amended by adding paragraph (c)(62) to read as 
follows:


Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *
    (62) Revisions to the Utah State Implementation Plan, ``Section IX, 
Part C.6, Carbon Monoxide Provisions for Provo,'' as submitted by the 
Governor on April 1, 2004; revisions to UAC R307-110-12, ``Section IX, 
Control Measures for Area and Point Sources, Part C, Carbon Monoxide,'' 
as submitted by the Governor on April 1, 2004; revisions to the Utah 
State Implementation Plan, ``Section X, Vehicle Inspection and 
Maintenance Program, Part A, General Requirements and Applicability,'' 
as submitted by the Governor on April 1, 2004; revisions to UAC R307-
110-31, ``Section X, Vehicle Inspection and Maintenance Program, Part 
A, General Requirements and Applicability,'' as submitted by the 
Governor on April 1, 2004; revisions to the Utah State Implementation 
Plan, ``Section X, Vehicle Inspection and Maintenance Program, Part D, 
Utah County,'' as submitted by the Governor on April 1, 2004; revisions 
to UAC R307-110-34, ``Section X, Vehicle Inspection and Maintenance 
Program, Part D, Utah County,'' as submitted by the Governor on April 
1, 2004; the removal of UAC R307-301 from the Federally-approved SIP as 
requested by the Governor on April 1, 2004; and UAC R307-302-3, and UAC 
R307-302-4, ``No-Burn Periods for Carbon Monoxide'' and ``Violations,'' 
respectively, as submitted by the Governor on September 20, 1999.
    (i) Incorporation by reference.
    (A) UAC R307-110-12, as adopted by the Utah Air Quality Board on 
March 31, 2004, effective May 18, 2004. This incorporation by reference 
of UAC R307-110-12 only extends to the following Utah SIP provisions 
and excludes any other provisions that UAC R307-110-12 incorporates by 
reference: ``Section IX, Part C.6, Carbon Monoxide Provisions for 
Provo,'' adopted by the Utah Air Quality Board on March 31, 2004, 
effective May 18, 2004.
    (B) UAC R307-110-31, ``Section X, Vehicle Inspection and 
Maintenance Program, Part A, General Requirements and Applicability,'' 
as adopted by the Utah Air Quality Board on March 31, 2004, effective 
May 18, 2004.
    (C) UAC R307-110-34, ``Section X, Vehicle Inspection and 
Maintenance Program, Part D, Utah County,'' as adopted by the Utah Air 
Quality Board on March 31, 2004, effective May 18, 2004.
    (D) UAC R307-302-3, ``No-Burn Periods for Carbon Monoxide,'' as 
adopted by the Utah Air Quality Board on August 13, 1998, effective 
September 15, 1998.
    (E) UAC R307-302-4, ``Violations,'' as adopted by the Utah Air 
Quality Board on August 13, 1998, effective September 15, 1998.

[[Page 66280]]

    (ii) Additional materials.
    (A) An August 2, 2005 letter from Richard Sprott, Utah Department 
of Environmental Quality, to Jerry Grover, Utah County Commission, 
addressing limits on Utah County authority to revise vehicle emission 
cut-points.
    (B) An August 19, 2005 letter from Richard Sprott, Utah Department 
of Environmental Quality, to Richard Long, EPA Region VIII, providing 
supplemental Technical Support Documentation to Volumes 11 and 12 of 
the State's Technical Support Document for the Provo area's carbon 
monoxide attainment demonstration and maintenance plan that was 
submitted by Governor Walker on April 1, 2004.
    (C) A September 8, 2005 letter from Jan Miller, Utah Department of 
Environmental Quality, to Kerri Fiedler, EPA Region VIII, to address 
typographical errors in ``Section X, Part D, Utah County Vehicle 
Emissions Inspection and Maintenance Program'' that was submitted by 
Governor Walker on April 1, 2004.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. In Sec.  81.345, the table entitled ``Utah-Carbon Monoxide'' is 
amended by revising the entry for ``Provo Area'' to read as follows:


Sec.  81.345  Utah.

* * * * *

                                                                  Utah--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Provo Area
    Utah County (part) city of Provo....       1/3/06  Attainment...............................
 
                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
[FR Doc. 05-21837 Filed 11-1-05; 8:45 am]
BILLING CODE 6560-50-P


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