Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15269

40 CFR Part 52

[FRL–5175–4]

Transportation Conformity; Proposed

Approval of Petition for Exemption

From Nitrogen Oxides Provisions,

Colorado

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) is proposing to approve a

petition that was submitted pursuant to

section 182(f) of the Clean Air Act (as

amended in 1990) (CAA) by the Denver

Regional Council of Governments

(DRCOG) requesting that the Denver

metropolitan area, an ozone

nonattainment area classified as

transitional, be exempted from the

requirements regarding the control of

oxides of nitrogen (NOX) imposed by the

Federal conformity rules. These rules

waive certain NOX requirements if an

exemption under section 182(f) is

granted by EPA. The EPA has indicated

in relevant guidance that areas

(including transitional areas, like the

Denver Metropolitan area)

demonstrating attainment based on

ambient air quality monitoring data

without additional NOX reductions

satisfy the exemption test.

DATES: Comments must be received on

or before April 24, 1995.

ADDRESSES: Written comments should

be addressed to: Douglas M. Skie, Chief,

Air Quality Branch (8ART-AP), United

States Environmental Protection

Agency, Region VIII, 999 18th Street,

suite 500, Denver, Colorado 80202–

2466.

Copies of the DRCOG petition and

other information relevant to this action

are available for inspection between 8

a.m. and 4 p.m. Monday through Friday

at the following locations: United States

Environmental Protection Agency,

Region VIII, Air Quality Branch (8ARTAP), 999 18th Street, suite 500, Denver,

Colorado 80202–2466.

Air and Radiation Docket and

Information Center, United States

Environmental Protection Agency, 401

M. Street SW., Washington, DC 20460

Anyone wishing to review this

petition at the Denver EPA Regional

office is asked to contact the person

below to schedule an appointment 24

hours in advance.

FOR FURTHER INFORMATION CONTACT: Ms.

Aundrey C. Wilkins, SIP Section (8ARTAP), Air Programs Branch, United States

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado, 80202–2466,

telephone (303) 294–1379.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(f) of the Clean Air Act

contains requirements for major

stationary NOX sources in marginal and

above ozone nonattainment areas and in

an ozone transport region. Section 182(f)

also specifies circumstances under

which the NOX requirements would be

limited or would not apply.

Under section 182(f)(1)(A), an

exemption from the NOX requirements

may be granted for nonattainment areas

outside an ozone transport region if EPA

determines that ‘‘additional reductions

of NOX would not contribute to

attainment’’ of the ozone NAAQS in

those areas. EPA has indicated that in

cases where a nonattainment area is

demonstrating attainment with 3

consecutive years of air quality

monitoring data, without having

implemented the section 182(f) NOX

provisions, it is clear that this test is met

since ‘‘additional reductions of NOX

would not contribute to attainment’’ of

the NAAQS in that area.

EPA’s general and transportation

conformity rules reference the section

182(f) exemption process as a means for

exempting affected areas from certain

NOX conformity requirements. See 58

FR 62197, November 24, 1993,

Transportation Conformity, and 58 FR

63240, November 30, 1993, General

Conformity.

This interpretation is discussed in a

May 27, 1994 memorandum from John

S. Seitz, Director, Office of Air Quality

Planning and Standards (OAQPS),

entitled ‘‘Section 182(f) Nitrogen Oxides

(NOX) Exemptions—Revised Process

and Criteria.’’ This memorandum

revised relevant portions of previouslyissued OAQPS guidance dated

December, 1993, entitled ‘‘Guideline for

Determining the Applicability of

Nitrogen Oxide Requirements under

Section 182(f).’’ Both documents

address EPA’s policy regarding NOX

exemptions for areas outside an ozone

transport region that have air quality

monitoring data showing attainment.

The section 182(f) NOX provisions and

the guidance cited above apply to

marginal and above ozone

nonattainment areas, but not

nonclassifiable ozone nonattainment

areas (i.e., submarginal, transitional, and

incomplete/no data). However, on June

17, 1994, EPA published a document

entitled ‘‘Conformity; General Preamble

for Exemption from Nitrogen Oxides

Provisions’’ (59 FR 31238) (‘‘General

Preamble’’). This document provides

guidance on the exemption of

nonclassifiable ozone nonattainment

areas, outside an ozone transport region,

from the conformity rule’s NOX

provisions based on air quality

monitoring data showing attainment. As

a transitional ozone nonattainment area,

the Denver metropolitan area falls

within the ‘‘nonclassifiable’’ category.

Pursuant to section 182(f), a person or

State may petition EPA to grant an

exemption which would relieve the

relevant nonattainment area from

certain requirements of the general and

transportation conformity rule. DRCOG

submitted a NOX exemption petition on

May 25, 1994 and submitted supporting

documentation via a letter dated August

1, 1994. Ambient air quality data

provided with the DRCOG petition

showed no violations of the ozone

NAAQS during the three-year period

from 1991 through 1993. Further, the

Colorado Air Pollution Control Division

(APCD) provided additional air quality

data for the same time period

supporting DRCOG’s position that there

were no violations.

II. Analysis of the DRCOG Petition for

a NOX Exemption

EPA believes that DRCOG has

demonstrated that the Denver

metropolitan area qualifies for an

exemption from the NOX conformity

requirements based on the ambient data

provided by DRCOG and APCD for

1991, 1992, and 1993. The AIRS data

show no violations of ozone NAAQS

during these three years.

The APCD has endorsed the DRCOG

petition in a letter dated December 15,

1994, from Tom Getz, Director, APCD,

to Mr. William Yellowtail, the EPA

Region VIII Regional Administrator.

III. Analysis of Other Ozone Network

Issues

EPA considered the condition of the

ozone ambient air monitoring network

as part of evaluating the DRCOG NOX

exemption request. In 1989, EPA called

attention to suspected deficiencies in

the ozone ambient air monitoring

network. EPA and the APCD have

continued to address these concerns

over the years. The APCD conducted

studies of the ozone network in 1991

and 1992. A 1993 study report noted

that the network was not measuring at

maximum concentrations. The APCD

found that the maximum concentration

area covered the northwest and

southwest parts of the ozone

nonattainment area. The state is

required to designate at least one site,

but should include as many as are

necessary, to adequately monitor the

maximum concentration area. (40 CFR

Part 58).

In 1993, it was determined that higher

values appeared in the northwest part of
15270 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

the maximum concentration area rather

than in the southwest. Priority was

given to placing new sites in the

northwest.

In 1993, APCD added two new sites

in the northwest—Enrel and South

Boulder Creek. No violations were

recorded at these two sites in 1993.

However, data in AIRS show one

exceedance at the South Boulder Creek

site in 1993. Three exceedances must

occur for there to be a violation.

These two new sites were retained

and studied in 1994. The APCD has

reported that no violations or

exceedances occurred at either of these

sites in 1994.

There are nine sites currently on the

Denver ozone ambient air monitoring

network, including the two new sites.

The Enrel and South Boulder Creek sites

continue to record higher values than

other sites on the network. The one

exceedance at the South Boulder Creek

site in 1993 and the continued higher

value readings at the same site and at

the Enrel site confirm study findings

that these sites are within the maximum

concentration area and should remain in

place.

Modifying the network to ensure

monitoring of maximum concentrations

is an EPA priority and is required by 40

CFR part 58. The EPA is working with

APCD to ensure that at least one

monitoring site is established in the

southwest area in 1995. In addition, the

APCD plans to conduct further study in

this southwest area during the 1995

summer ozone season to more

accurately identify where sites should

be placed.

Although there have been concerns

with the monitoring network, EPA

believes that many of the concerns have

been corrected and that any remaining

concerns are not significant enough to

deny the NOX waiver. As indicated

above, no violations have been recorded

by the network, even since installation

of the Enrel and South Boulder Creek

sites in 1993. In addition, the NOX

waiver policy published in the General

Preamble provides further protection by

providing for granting a NOX exemption

on a contingent basis as described in

section IV of this Federal Register

document. This allows EPA to revoke

the exemption if violations are recorded

at any monitoring sites.

IV. Approval of the NOX Exemption on

a Contingent Basis

According to the General Preamble,

approval of an exemption based solely

on ambient air quality monitoring data

shall be granted on a contingent basis,

i.e., the exemptions will last for only as

long as the area’s monitoring data

continue to demonstrate attainment. If

EPA subsequently determines that the

area has violated the ozone standard,

the exemption, as of the date of the

determination, will no longer apply. If

a violation of the ozone NAAQS is

monitored in the Denver Metropolitan

Area, EPA will provide notice in the

Federal Register. Existing transportation

plans and TIPs and past conformity

determinations will not be affected by a

determination that the NOX exemption

no longer applies, but new conformity

determinations would have to observe

the NOX requirements of the conformity

rule. The State must continue to operate

an appropriate ambient air quality

monitoring network, in accordance with

40 CFR Part 58, to verify the attainment

status of the area. The air quality data

relied on for the above determination

must be consistent with 40 CFR part 58

requirements and other relevant EPA

guidance, and recorded in EPA’s AIRS

national database.

The EPA NOX exemption guidelines,

published in the General Preamble, do

not require that a redesignation request

be submitted with a request for a NOX

transportation conformity exemption.

Conditional exemptions from the

transportation conformity NOX

requirements do not substitute for the

redesignation process.

The General Preamble stated that for

areas which are relying on monitoring

data for the exemption request, the

notice proposing approval of the

exemption request should provide

opportunity for comment on the

preliminary interpretations contained in

the General Preamble. It should also

offer opportunity for comment on the

appropriateness of using monitoring

data which are consistent with the

requirements in 40 CFR part 58 and are

recorded in AIRS as the basis of EPA’s

approval and rescission of the

contingent NOX exemption.

Accordingly, EPA requests comments

regarding these matters.

V. Impacts of Granting a NOX Waiver

for Denver Metropolitan Area

In ozone nonattainment areas

classified as transitional, such as the

Denver metropolitan area, the effect of

a NOX exemption is limited solely to the

issue of whether such areas may be

exempted from meeting the applicable

NOX requirements of the transportation

and general conformity rule.

EPA also stated in the General

Preamble that it plans to amend the

transportation conformity rule to require

that once an area’s maintenance plan is

approved, any previously approved

NOX conformity exemption no longer

applies. The area must then demonstrate

as part of its conformity determinations

that the transportation plan and TIP are

consistent with the motor vehicle

emissions budgets for NOX where such

a budget is established by the

maintenance plan. As currently written,

none of the transportation conformity

rule’s NOX requirements would ever

apply to an area once such an area had

received a NOX transportation

conformity exemption.

Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. (5 U.S.C. 603

and 604). Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

This proposal does not create any new

requirements. Therefore, I certify that it

does not have significant impact on any

small entities affected. Moreover, due to

the nature of the federal-state

relationship under the CAA, preparation

of a regulatory flexibility analysis would

constitute federal inquiry into the

economic reasonableness of state action.

The OMB has exempted these actions

from review under Executive Order

12866.

Interested parties are invited to

comment on all aspects of this proposed

action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon Monoxide,

Hydrocarbons, Intergovernmental

relations, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Reporting

and recordkeeping requirements,

Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 10, 1995.

William P. Yellowtail,

Regional Administrator.

[FR Doc. 95–6926 Filed 3–22–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[OH45–1–5974b; FRL 5169–3]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Proposed rule.