2926 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

MASSACHUSETTS-CARBON MONOXIDE—Continued

Designated area

Designation Classification

Date 1 Type Date 1 Type

Essex County (part):

Townships of: Andover, Amesbury,

Boxford, Georgetown, Groveland, Haverhill, Lawerence, Merrimac, Methuen,

Newbury, Newburyport, North Andover,

Rowley, Salisbury, and West Newbury.

Middlesex County (part):

Townships of: Ayer, Billerica, Carlisle,

Chelmsford, Dracut, Dunstable, Groton,

Littleton, Pepperell,Tewksbury,

Tyngsborough, and Westford.

1This date is November 15, 1990, unless otherwise noted.

[FR Doc. 96–1589 Filed 1–29–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[SIPTRAX No. PA075–4001; PA075–4002;

PA024–4005; FRL–5329–1]

Approval and Promulgation of

Implementation Plans; Designation of

Areas for Air Quality Planning

Purposes; Redesignation of the

Philadelphia County Carbon Monoxide

Area to Attainment and Approval of the

Area’s Maintenance Plan and the

Philadelphia County 1990 Base Year

Carbon Monoxide Emission Inventory;

Commonwealth of Pennsylvania

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a

maintenance plan and a request to

redesignate part of Philadelphia County

from nonattainment to attainment for

carbon monoxide (CO) and is also

approving the 1990 base year CO

emissions inventory for Philadelphia

County. The maintenance plan,

redesignation request and 1990 base

year CO emissions inventory were

submitted by the Commonwealth of

Pennsylvania. Under the 1990

amendments of the Clean Air Act (CAA)

designations can be revised if sufficient

data is available to warrant such

revisions. In this action, EPA is

approving the Pennsylvania request

because it meets the maintenance plan

and redesignation requirements set forth

in the CAA. This action is being taken

under section 110 of the CAA.

EFFECTIVE DATE: This action will become

effective on March 15, 1996 unless,

within 30 days of publication, adverse

or critical comments are received. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to

Marcia L. Spink, Associate Director, Air

Programs, Mailcode 3AT00, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105

and Philadelphia Department of Public

Health, Air Management Services, 321

University Avenue, Philadelphia,

Pennsylvania 19104.

FOR FURTHER INFORMATION CONTACT:

Kelly L. Bunker, (215) 597–4554.

SUPPLEMENTARY INFORMATION: On

September 8, 1995 the Commonwealth

of Pennsylvania submitted a request for

parallel processing of a redesignation

request and maintenance plan for the

Philadelphia portion of the

Philadelphia-Camden County CO

nonattainment area and supplemented

the request on October 30, 1995, in

order to formalize the submittal as an

official revision to its State

Implementation Plan (SIP). The SIP

revision consists of a maintenance plan

and a request to redesignate part of

Philadelphia County from

nonattainment to attainment for carbon

monoxide and the 1990 base year CO

emissions inventory for Philadelphia

County.

I. Background

Part of Philadelphia County in

Pennsylvania, specifically the high

traffic areas within the Central Business

District and certain other high traffic

density areas of the City of Philadelphia,

was a pre-1990 CO nonattainment area

and continued to be designated as

nonattainment for CO by operation of

law as per section 107 (d)(1)(C)(i) of the

Clean Air Act Amendments of 1990.

The National Ambient Air Quality

Standard (NAAQS) for CO is 9.5 parts

per million (ppm). Philadelphia County

is part of the Philadelphia-Camden

County CO nonattainment area. CO

nonattainment areas can be classified as

moderate or serious, based on their

design values. Since the Philadelphia

CO nonattainment area had a design

value of 11.6 ppm (based on 1988 and

1989 data), the area was classified as

moderate. The CAA established an

attainment date of December 31, 1995,

for all moderate CO areas. Philadelphia

County has ambient air quality

monitoring data showing attainment of

the CO NAAQS from 1990 through

1994. No exceedances or violations of

the CO NAAQS have been monitored in

Philadelphia County to date during

calendar year 1995. Therefore, in an

effort to comply with the CAA and to

ensure continued attainment of the

NAAQS, on September 8, 1995 and

October 30, 1995 the Commonwealth of

Pennsylvania submitted a CO

redesignation request and a

maintenance plan for Philadelphia

County. Pennsylvania submitted

evidence that a public hearing was held

on October 16, 1995 in Philadelphia.

II. Evaluation Criteria

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

Air Act Amendments provides five

specific requirements that an area must

meet in order to be redesignated from

nonattainment to attainment.

1. The area must have attained the

applicable NAAQS;

2. The area must have a fully

approved SIP under section 110(k) of

CAA;
Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations 2927

3. The air quality improvement must

be permanent and enforceable;

4. The area must have a fully

approved maintenance plan pursuant to

section 175A of the CAA;

5. The area must meet all applicable

requirements under section 110 and Part

D of the CAA;

III. Review of State Submittal

On October 31, 1995, EPA determined

that the information received from the

Commonwealth of Pennsylvania

constituted a complete redesignation

request under the general completeness

criteria of 40 CFR part 51, appendix V,

§§ 2.1 and 2.2.

The Pennsylvania redesignation

request for part of Philadelphia County

meets the five requirements of section

107(d)(3)(E), noted above. The following

is a brief description of how the

Commonwealth has fulfilled each of

these requirements.

1. Attainment of the CO NAAQS

Pennsylvania has quality-assured CO

ambient air monitoring data showing

that Philadelphia County has met the

CO NAAQS. The Pennsylvania request

is based on an analysis of qualityassured CO air monitoring data which is

relevant to the maintenance plan and to

the redesignation request. To attain the

CO NAAQS, an area must have

complete quality-assured data showing

no more than one exceedance of the

standard per year over at least two

consecutive years. The ambient air CO

monitoring data for calendar year 1990

through calendar year 1994, relied upon

by Pennsylvania in its redesignation

request, shows no violations of the CO

NAAQS in Philadelphia County. The

most recent ambient CO data shows one

exceedance in the calendar years 1993

and 1994. In addition, the most recent

ambient CO data for calendar year 1995

shows no exceedances of the NAAQS to

date in Philadelphia County. Because

the area has complete quality assured

data showing no more than one

exceedance of the standard per year

over at least two consecutive years

(1993 and 1994), the area has met the

first statutory criterion of attainment of

the CO NAAQS (40 CFR 50.8 and

appendix C). Pennsylvania has

committed to continue monitoring in

this area in accordance with 40 CFR part

58.

Furthermore, air quality data for the

New Jersey portion of the PhiladelphiaCamden County CO nonattainment area

shows that the remainder of the

nonattainment area has met the CO

NAAQS since 1990. Therefore, air

quality in the entire area has been

meeting the CO standards since 1990.

2. Fully Approved SIP Under Section

110(k) of the CAA

Pennsylvania’s CO SIP is fully

approved by EPA as meeting all the

requirements of Section 110(a)(2)(I) of

the Act, including the requirements of

Part D (relating to nonattainment),

which were due prior to the date of

Pennsylvania’s redesignation request.

All portions of Pennsylvania’s CO SIP,

except for the motor vehicle inspection

and maintenance (I/M) portion, were

fully approved by EPA on February 26,

1985, at 40 CFR § 52.2020(c)(63), (50 FR

7772). The I/M portion of the CO SIP

was approved by EPA on April 8, 1987

at 40 CFR § 52.2020(c)(66), (52 FR

11259). The 1990 CAA required that

nonattainment areas achieve specific

new requirements depending on the

severity of the nonattainment

classification. Requirements for the

Philadelphia area include the

preparation of a 1990 emission

inventory with periodic updates,

adoption of an oxygenated fuels

program, the development of

contingency measures, and

development of conformity procedures.

Each of these requirements added by the

1990 Amendments to the CAA are

discussed in greater detail below.

Consistent with the October 14, 1994

EPA guidance from Mary D. Nichols

entitled ‘‘Part D New Source Review

(Part D NSR) Requirements for Areas

Requesting Redesignation to

Attainment,’’ EPA is not requiring full

approval of a Part D NSR program by

Pennsylvania as a prerequisite to

redesignation to attainment. Under this

guidance, nonattainment areas may be

redesignated to attainment

notwithstanding the lack of a fullyapproved Part D NSR program, so long

as the program is not relied upon for

maintenance. Pennsylvania has not

relied on a NSR program for CO sources

to maintain attainment. Although EPA

is not treating a Part D NSR program as

a prerequisite for redesignation, it

should be noted that EPA is in the

process of taking final action on the

State’s revised NSR regulation, which

includes requirements for CO

nonattainment areas. Because part of

Philadelphia County is being

redesignated to attainment by this

action, Pennsylvania’s Prevention of

Significant Deterioration (PSD)

requirements will be applicable to new

or modified sources in Philadelphia

County. Pennsylvania has been

delegated PSD authority (see CFR

§ 52.2058 Pennsylvania and 49 FR

33128, August 21, 1984).

A. Emission Inventory

Pennsylvania submitted its 1990 base

year emissions inventory as part of the

maintenance plan which was submitted

on September 8, 1995 and October 30,

1995. The inventory estimated CO

emissions for Philadelphia County, as

required under Section 187(a)(1) of the

CAA.

This inventory was used as the basis

for calculations to demonstrate

maintenance. Pennsylvania’s submittal

contains the detailed inventory data and

summaries by source category. The

inventory was prepared in accordance

with EPA guidance. A summary of the

base year and projected maintenance

year inventories are shown in the

following table in this section.

Section 172(c)(3) of the CAA requires

that nonattainment plan provisions

include a comprehensive, accurate, and

current inventory of actual emissions

from all sources of relevant pollutants in

the nonattainment area. Pennsylvania

included the requisite inventory in the

redesignation request and maintenance

plan SIP revision. The base year for the

inventory was 1990, using a three

month CO season of December 1990

through February 1991. Stationary

sources, area sources, on-road mobile

sources, and non-road mobile sources of

CO were included in the inventory. The

following table, Table 1, presents a

summary of the base year (1990),

attainment year (1992) and projected

year (2007) CO peak season daily

emissions estimates in tons per winter

day (tpd) by source category:

TABLE 1.—CO PEAK SEASON DAILY

EMISSIONS

1990

Base

year

emissions

(tons

per day)

1992 Attainment

year

emissions

(tons

per day)

2007

Projected

year

emissions

(tons

per day)

On-road Mobile 608.99 561.25 334.33

Non-road Mobile ............... 9.62 9.69 10.11

Area ................. 13.77 13.80 13.98

Stationary ........ 20.98 22.07 31.11

Total ......... 653.36 606.81 389.53

Available guidance for preparing

emission inventories is provided in the

General Preamble (57 FR 13498, April

16, 1992).

Section 110(k) of the CAA sets out

provisions governing the EPA’s review

of base year emission inventory

submittals in order to determine

approval or disapproval under section

187(a)(1). The EPA is granting approval
2928 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

1Cecil County, Maryland is part of the

Philadelphia CMSA and had implemented the

oxygenated gasoline program. This action will also

serve to remove the oxygenated fuel requirement

from Cecil County, Maryland.

of the Philadelphia County 1990 base

year CO emissions inventories as found

in the Pennsylvania CO Redesignation

Request, based on the EPA’s technical

review of the CO inventory. For further

details on the emission inventory, the

reader is referred to the Technical

Support Document, which is available

for review at the addresses provided

above.

B. Oxygenated Gasoline

Section 211(m) of the CAA requires

that each State in which there is located

a CO nonattainment area with a design

value of 9.5 ppm or above based on data

for the 2-year period of 1988 and 1989

shall submit a SIP revision which

requires the implementation of an

oxygenated gasoline program in the

Consolidated Metropolitan Statistical

Area (CMSA) in which the

nonattainment area is located. The

Philadelphia-Camden County CO

nonattainment area has a design value

above 11.6 ppm based on 1988 and 1989

data and consequently was subject to

the requirement to adopt an oxygenated

fuel program. Pennsylvania submitted

an oxygenated gasoline SIP revision for

the Pennsylvania portion of the

Philadelphia CMSA to EPA on

November 12, 1992. EPA approved the

SIP revision on July 21, 1994 at 40 CFR

§ 52.2020(c)(88), (59 FR 37162). As

noted in the Pennsylvania redesignation

request, the State intends to relegate the

oxygenated fuel program to contingency

status upon EPA’s approval of

Pennsylvania’s redesignation request.

On August 19, 1995 Pennsylvania

modified their oxygenated gasoline

regulations to allow for the

discontinuance of the program if EPA

approves a redesignation request and

maintenance plan which does not

require the implementation of an

oxygenated gasoline program. The

modified Pennsylvania oxygenated

gasoline regulation also states that if an

area is redesignated to attainment and

then violates the CO standard that the

program must be reinstated at the

beginning of the next oxygenated

gasoline control period. In its

demonstration of maintenance,

described below, the Commonwealth

has shown that oxygenated gasoline in

the Pennsylvania portion of the

Philadelphia CMSA is not necessary for

continued maintenance of the CO

NAAQS. Consequently, by this action,

EPA is approving Pennsylvania’s use of

oxygenated gasoline as a contingency

measure for the Philadelphia area.1

C. Conformity

Under section 176(c) of the CAA,

states were required to submit revisions

to their SIPs that include criteria and

procedures to ensure that Federal

actions conform to the air quality

planning goals in the applicable SIPs.

The requirement to determine

conformity applies to transportation

plans, programs and projects developed,

funded or approved under Title 23

U.S.C. or the Federal Transit Act

(‘‘transportation conformity’’), as well as

all other Federal actions (‘‘general

conformity’’). Congress provided for the

State revisions to be submitted one year

after the date of promulgation of final

EPA conformity regulations. EPA

promulgated final transportation

conformity regulations on November 24,

1993 (58 FR 62188) and final general

conformity regulations on November 30,

1993 (58 FR 63214). These conformity

rules require that the States adopt both

transportation and general conformity

provisions in the SIP for areas

designated nonattainment or subject to

a maintenance plan approved under

CAA section 175A. Pursuant to § 51.396

of the transportation conformity rule

and § 51.851 of the general conformity

rule, the Commonwealth of

Pennsylvania was required to submit a

SIP revision containing transportation

conformity criteria and procedures

consistent with those established in the

Federal rule by November 25, 1994.

Similarly, Pennsylvania was required to

submit a SIP revision containing general

conformity criteria and procedures

consistent with those established in the

Federal rule by December 1, 1994.

Pennsylvania submitted its

transportation conformity SIP revision

to EPA on November 21, 1994. This SIP

was determined to be administratively

and technically complete on February

21, 1995. Pennsylvania has not

submitted its general conformity SIP

revision.

Although this redesignation request

was submitted to EPA after the due

dates for the SIP revisions for

transportation conformity and general

conformity rules, EPA believes it is

reasonable to interpret the conformity

requirements as not being applicable

requirements for purposes of evaluating

the redesignation request under section

107(d). The rationale for this is based on

a combination of two factors. First, the

requirement to submit SIP revisions to

comply with the conformity provisions

of the Act continues to apply to areas

after redesignation to attainment.

Therefore, the State remains obligated to

adopt the transportation and general

conformity rules even after

redesignation and would risk sanctions

for failure to do so. While redesignation

of an area to attainment enables the area

to avoid further compliance with most

requirements of section 110 and part D,

since those requirements are linked to

the nonattainment status of an area, the

conformity requirements apply to both

nonattainment and maintenance areas.

Second, EPA’s federal conformity rules

require the performance of conformity

analyses in the absence of state-adopted

rules. Therefore, a delay in adopting

State rules does not relieve an area from

the obligation to implement conformity

requirements.

Because areas are subject to the

conformity requirements regardless of

whether they are redesignated to

attainment and must implement

conformity under Federal rules if State

rules are not yet adopted, EPA believes

it is reasonable to view these

requirements as not being applicable

requirements for purposes of evaluating

a redesignation request.

For the reasons just discussed, EPA

believes that the CO redesignation

request for Philadelphia County may be

approved notwithstanding the lack of a

general conformity submittal and an

approved state transportation

conformity rule.

3. Improvement in Air Quality Due to

Permanent and Enforceable Measures

EPA approved Pennsylvania’s CO SIP

under the 1977 CAA. Emission

reductions achieved through the

implementation of control measures

contained in that SIP are enforceable.

Pennsylvania cites the Federal Motor

Vehicle Control Program (FMVCP) and

the basic Inspection and Maintenance

Program as the major sources of

reduction that led to attainment of the

CO standard. As discussed above, the

State initially attained the NAAQS in

1990 with monitored attainment

through 1994. This indicates that the

improvements are due to the permanent

and enforceable measures contained in

the 1982 CO SIP.

The Commonwealth of Pennsylvania

has demonstrated that actual

enforceable emission reductions are

responsible for the air quality

improvement and that the CO emissions

in the base year are not artificially low

due to local economic downturn. EPA

finds that the combination of certain

existing EPA-approved SIP and federal

measures contribute to the permanence

and enforceability of reduction in

ambient CO levels that have allowed the

area to attain the NAAQS.
Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations 2929

4. Fully Approved Maintenance Plan

Under Section 175A

Section 175A of the CAA sets forth

the elements of a maintenance plan for

areas seeking redesignation from

nonattainment to attainment.

The plan must demonstrate continued

attainment of the applicable NAAQS for

at least ten years after the Administrator

approves a redesignation to attainment.

Eight years after the redesignation, the

state must submit a revised maintenance

plan which demonstrates attainment for

the ten years following the initial tenyear period. To provide for the

possibility of future NAAQS violations,

the maintenance plan must contain

contingency measures, with a schedule

for implementation adequate to assure

prompt correction of any air quality

problems. In this notice, EPA is

approving the Commonwealth of

Pennsylvania’s maintenance plan for the

Philadelphia area because EPA finds

that Pennsylvania’s submittal meets the

requirements of section 175A.

A. Attainment Emission Inventory

As previously noted, Pennsylvania

submitted its 1990 base year emissions

inventory for Philadelphia County as

part of the maintenance plan which was

submitted on September 8, 1995 and

October 30, 1995. The inventory

includes emissions from stationary,

area, and mobile sources using 1990 as

the base year for calculations.

The State submittal contains the

detailed inventory data and summaries

by source category. The comprehensive

base year emissions inventory was

submitted in the National Emission Data

System format. This inventory was

prepared in accordance with EPA

guidance.

The 1992 emission inventory was

selected as representative of

Philadelphia County emissions during

the period showing attainment.

Pennsylvania established the 1992

inventory as the attainment inventory

and forecasted future emissions out to

the year 2007 in its maintenance plan.

The future emission estimates were all

calculated by applying appropriate

growth factors to the 1990 base year

inventory, consistent with EPA

guidance.

B. Demonstration of MaintenanceProjected Inventories

Total CO emissions were projected

from 1990 base year out to 2007. These

projected inventories were prepared in

accordance with EPA guidance.

Pennsylvania will not implement the

oxygenated gasoline program in the

Pennsylvania portion of the

Philadelphia CMSA unless a violation

of the standard triggers the

implementation of the program. The

projections show that calculated CO

emissions, assuming no oxygenated

fuels program, are not expected to

exceed the level of the base year

inventory during this time period.

Therefore, it is anticipated that the

Philadelphia area will maintain the CO

standard without the program, and the

oxygenated gasoline program would not

need to be implemented following

redesignation, except as a contingency

measure.

C. Verification of Continued Attainment

Continued attainment of the CO

NAAQS in Philadelphia County

depends, in part, on the

Commonwealth’s efforts toward tracking

indicators of continued attainment

during the maintenance period. The

Commonwealth commits to revise the

emission inventory every three years

beginning in 1993, until at least 2007. If

future emission levels exceed those in

the 1992 attainment inventory, the

Commonwealth commits to investigate

the reasons and take appropriate action.

D. Contingency Plan

The level of CO emissions in

Philadelphia County will largely

determine its ability to stay in

compliance with the CO NAAQS in the

future. Despite the Commonwealth’s

best efforts to demonstrate continued

compliance with the NAAQS, the

ambient air pollutant concentrations

may exceed or violate the NAAQS.

Section 175(A)(d) of the CAA requires

that the contingency provisions include

a requirement that the State implement

all measures contained in the SIP prior

to redesignation. Therefore,

Pennsylvania has provided contingency

measures with a schedule for

implementation in the event of a future

CO air quality problem. The plan

contains triggering mechanism (a

violation of the CO standard) to

determine when contingency measures

are needed.

On August 19, 1995 Pennsylvania

modified their oxygenated gasoline

regulations to allow for the

discontinuance of the program if EPA

approves a redesignation request and

maintenance plan which does not

require the implementation of an

oxygenated gasoline program. The

modified Pennsylvania oxygenated

gasoline regulation states that if an area

is redesignated to attainment and then

violates the CO standard that the

program must be reinstated at the

beginning of the next oxygenated

gasoline control period.

E. Subsequent Maintenance Plan

Revisions

In accordance with section 175A(b) of

the CAA, the Commonwealth has agreed

to submit a revised maintenance SIP

eight years after the area is redesignated

to attainment. Such a revised SIP will

provide for maintenance for an

additional ten years.

5. Meeting Applicable Requirements of

Section 110 and Part D

In Section III.2. above, EPA sets forth

the basis for its conclusion that

Pennsylvania has a fully approved SIP

which meets the applicable

requirements of Section 110 and Part D

of the CAA.

EPA is approving this SIP revision

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective March 15, 1996

unless, within 30 days of publication,

adverse or critical comments are

received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent notice that will withdraw

the final action. All public comments

received will then be addressed in a

subsequent final rule based on this

action serving as a proposed rule. EPA

will not institute a second comment

period on this action. Any parties

interested in commenting on this action

should do so at this time. If no such

comments are received, the public is

advised that this action will be effective

on March 15, 1996.

Final Action

EPA is approving the Philadelphia

County CO maintenance plan because it

meets the requirements set forth in

section 175A of the CAA. In addition,

the Agency is approving the request and

redesignating the Philadelphia County

CO area to attainment, because the

Commonwealth has demonstrated

compliance with the requirements of

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

EPA is also approving Pennsylvania’s

1990 base year CO emissions inventory

for Philadelphia County, as found in the

Commonwealth’s redesignation request

and maintenance plan. The EPA is

publishing this action without prior

proposal because the Agency views this

as a noncontroversial amendment and

anticipates no adverse comments.

However, in a separate document in this
2930 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

Federal Register publication, the EPA is

proposing to approve the SIP revision

should adverse or critical comments be

filed. This action will be effective March

15, 1996 unless, by February 29, 1996

adverse or critical comments are

received. If the EPA receives such

comments, this action will be

withdrawn before the effective date by

publishing a subsequent document that

will withdraw the final action. All

public comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective March 15, 1996.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

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.

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final that

includes a Federal mandate that may

result in estimated costs to State, local,

or tribal governments in the aggregate;

or to the private sector, of $100 million

or more. Under section 205, EPA must

select the most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires EPA to establish a

plan for informing and advising any

small governments that may be

significantly or uniquely impacted by

the rule.

EPA has determined that the approval

action proposed/promulgated does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

The CO SIP is designed to satisfy the

requirements of part D of the CAA and

to provide for attainment and

maintenance of the CO NAAQS. This

final redesignation should not be

interpreted as authorizing the State to

delete, alter, or rescind any of the CO

emission limitations and restrictions

contained in the approved CO SIP.

Changes to CO SIP regulations rendering

them less stringent than those contained

in the EPA approved plan cannot be

made unless a revised plan for

attainment and maintenance is

submitted to and approved by EPA.

Unauthorized relaxations, deletions,

and changes could result in both a

finding of non-implementation (section

179(a) of the CAA) and in a SIP

deficiency call made pursuant to

sections 110(a)(2)(H) and 110(k)(2) of

the CAA.

SIP approvals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the federal SIP approval does

not impose any new requirements, it

does not have any economic impact on

any small entities. Redesignation of an

area to attainment under section

107(d)(3)(E) of the CAA does not impose

any new requirements on small entities.

Redesignation is an action that affects

the status of a geographical area and

does not impose any regulatory

requirements on sources. Accordingly, I

certify that the approval of the

redesignation of an area to attainment

under section 107(d)(3)(E) of the CAA

will not affect a substantial number of

small entities.

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by April 1, 1996.

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 on the

Philadelphia CO redesignation request,

maintenance plan and the 1990 base

year CO emission inventory 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.

Dated: October 31, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

For the reasons set forth in the

preamble 40 CFR part 52, subpart NN of

chapter I, title 40 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraph (c)(105) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(105) The carbon monoxide

redesignation and maintenance plan for

part of Philadelphia County submitted

by the Pennsylvania Department of

Environmental Protection on September

8, 1995 and October 30, 1995, as part of

the Pennsylvania SIP. The 1990 base

year CO emission inventory and

projections are included in the

maintenance plan.

(i) Incorporation by reference.

(A) Letters of September 8, 1995 and

October 30, 1995 from the Pennsylvania

Department of Environmental Protection

requesting the redesignation and

submitting the maintenance plan.

(B) Maintenance Plan for the

Philadelphia Carbon Monoxide

Nonattainment Area adopted on October

16, 1995.

(ii) Additional Material.
Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations 2931

(A) Remainder of September 8, 1995

and October 30, 1995 State submittal.

3. Section 52.2036 is added to read as

follows:

§ 52.2036 1990 Base Year Carbon

Monoxide Emission Inventory for

Philadelphia County.

EPA approves as a revision to the

Pennsylvania State Implementation Plan

the 1990 base year carbon monoxide

emission inventory for Philadelphia

County, submitted by the Secretary,

Pennsylvania Department of

Environmental Protection, on

September 8, 1995 and October 30,

1995. This submittal consists of the

1990 base year stationary, area, nonroad mobile and on-road mobile

emission inventories in Philadelphia

County for the pollutant carbon

monoxide (CO).

PART 81—[AMENDED]

Subpart C—Section 107 Attainment

Status Designations

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In § 81.339, the table for

‘‘Pennsylvania-Carbon Monoxide’’ is

amended by revising the entry for the

Philadelphia-Camden County area to

read as follows:

§ 81.339 Pennsylvania.

* * * * *

PENNSYLVANIA—CARBON MONOXIDE

Designated Area

Designation Classification

Date 1 Type Date 1 Type

................................... Nonattainment ...................... .................... Not Classified.

* * * * * * *

Philadelphia-Camden County Area

Philadelphia County (part)

City of Philadelphia-high traffic areas within

the Central Business District and certain

other high traffic density areas.

March 15, 1996 ........ Attainment ............................ ....................

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

[FR Doc. 96–1104 Filed 1–29–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[FRL–5324–9; MD–45–3003, MD–45–3004;

MD–45–3007; VA–53–5001, VA–53–5002;

VA–34–5003, VA–34–5004; DC–30–2001;

DC–30–2002, DC–10–2003]

Approval and Promulgation of

Implementation Plans; Designation of

Areas for Air Quality Planning

Purposes; Redesignation of the

Metropolitan Washington Carbon

Monoxide Area to Attainment and

Approval of the Area’s Maintenance

Plan and Emission Inventory;

Commonwealth of Virginia, District of

Columbia and the State of Maryland

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a

maintenance plan and a request to

redesignate the Metropolitan

Washington area; including the

Counties of Alexandria and Arlington,

Virginia; Prince Georges and

Montgomery Counties in Maryland, and

the District of Columbia (the

‘‘Washington Carbon Monoxide (CO)

nonattainment area’’) from

nonattainment to attainment for CO.

The maintenance plan and

redesignation requests were submitted

by the Commonwealth of Virginia and

the State of Maryland and the District of

Columbia. Under the 1990 amendments

of the Clean Air Act (CAA) designations

can be revised if sufficient data is

available to warrant such revisions. In

this action, EPA is approving Virginia,

Maryland and the District of Columbia

requests because it meets the

maintenance plan and redesignation

requirements set forth in the CAA. This

action is being taken under section 110

of the CAA.

DATES: This action will become effective

on March 15, 1996 unless, by February

29, 1996 adverse or critical comments

are received. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments may be mailed to

Marcia L. Spink, Associate Director, Air

Programs, Mailcode 3AT00, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; the Air and Radiation Docket

and Information Center, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460;

District of Columbia Department of

Consumer and Regulatory Affairs, 2100

Martin Luther King Ave, S.E.,

Washington, DC 20020; Maryland

Department of the Environment, 2500

Broening Highway, Baltimore, Maryland

21224; Virginia Department of

Environmental Quality, 629 East Main

Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT:

Kelly A. Sheckler, (215) 597–6863.

SUPPLEMENTARY INFORMATION: On

October 4, 1995 the Commonwealth of

Virginia, and on October 12, 1995 the

State of Maryland and the District of

Columbia submitted formal revisions to

their State Implementation Plans (SIP).

The SIP revisions consists of a request

to redesignate the Virginia, Maryland

and District of Columbia portions of the

Metropolitan Washington area from

nonattainment to attainment for carbon

monoxide and a maintenance plan.