[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2931-2938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1592]



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ENVIRONMENTAL PROTECTION AGENCY
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.

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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. 

[[Page 2932]]


I. Background

    The Metropolitan Washington area, 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). CO nonattainment areas can be 
classified as moderate or serious, based on their design values. Since 
the Washington 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. The Metropolitan Washington area has ambient air 
quality monitoring data showing attainment of the CO NAAQS from 1989 
through 1993. Therefore, in an effort to comply with the CAA and to 
ensure continued attainment of the NAAQS, on October 4, 1995 the 
Commonwealth of Virginia submitted a CO redesignation request and a 
maintenance plan for the Virginia portion of the Metropolitan 
Washington area. The State of Maryland submitted on October 12, 1995 a 
CO redesignation request and maintenance plan for the Maryland portion 
of the Metropolitan Washington area and on October 12, 1995 the 
District of Columbia submitted a CO redesignation request and 
maintenance plan. Virginia, Maryland and the District of Columbia 
submitted evidence that public hearings were held on September 6, 1995 
in Virginia, September 15, 1995 in Maryland and September 18, 1995 in 
the District of Columbia.

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;
    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 12, 1995, EPA determined that the information received 
from the Commonwealth of Virginia, the State of Maryland and the 
District of Columbia constituted a complete redesignation request under 
the general completeness criteria of 40 CFR part 51, appendix V, 
Secs. 2.1 and 2.2.
    The Virginia, Maryland and District of Columbia redesignation 
requests for the Metropolitan Washington area meets the five 
requirements of section 107(d)(3)(E), noted above. The following is a 
brief description of how the State has fulfilled each of these 
requirements.

1. Attainment of the CO NAAQS

    Virginia, Maryland and the District of Columbia have quality-
assured CO ambient air monitoring data showing that the Metropolitan 
Washington area has met the CO NAAQS. The Virginia, Maryland and 
District of Columbia requests are based on an analysis of quality-
assured 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 1988 
through calendar year 1995, relied upon by Virginia, Maryland and the 
District of Columbia in their redesignation requests, shows no 
violations of the CO NAAQS in the Metropolitan Washington area. 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 
(1994 and 1995), the area has met the first statutory criterion of 
attainment of the CO NAAQS (40 CFR 50.8 and appendix C). Virginia, 
Maryland and the District of Columbia have committed to continue 
monitoring in this area in accordance with 40 CFR part 58.

2. Fully Approved SIP Under Section 110(k) of the CAA

    Virginia's, Maryland's and the District of Columbia's CO SIPs are 
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 Virginia's, 
Maryland's and the District of Columbia's redesignation requests. 
Maryland's CO SIP was fully approved by EPA on September 19, 1994, at 
40 CFR Sec. 52.1070(c)(71), (49 FR 36645). Virginia's CO SIP was 
approved by EPA on January 25, 1984 at 40 CFR Sec. 52.2420(c)(78), (49 
FR 3083). The District's CO SIP approved by EPA on October 3, 1984 at 
40 CFR Sec. 52.47(c)(28), (49 FR 39059). The 1990 CAAA required that 
nonattainment areas achieve specific new requirements depending on the 
severity of the nonattainment classification. Requirements for the 
Metropolitan Washington 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 Virginia, Maryland 
and the District of Columbia as a prerequisite to redesignation to 
attainment. Under this guidance, nonattainment areas may be 
redesignated to attainment notwithstanding the lack of a fully-approved 
Part D NSR program, so long as the program is not relied upon for 
maintenance. Because the Metropolitan Washington area is being 
redesignated to attainment by this action, Virginia's, Maryland's and 
the District of Columbia's Prevention of Significant Deterioration 
(PSD) requirements will be applicable to new or modified sources in the 
Metropolitan Washington area. All three States have been delegated PSD 
authority (See Sec. 52.499 District of Columbia, 43 FR 26410, June 19, 
1978, as amended 45 FR 52741, August 7, 1980; Sec. 52.1116 Maryland, 45 
FR 52741, August 7, 1980, as amended 47 FR 7835, February 23, 1982; 
Sec. 52.2448 Virginia 39 FR 7284, February 25, 1974.)
A. Emission Inventory
    On March 1994 Maryland submitted a 1990 CO base year inventory to 
EPA for review and approval. On November 1, 1993 and April 3, 1995, 
Virginia submitted a 1990 CO base year emissions inventory to EPA for 
review and approval. On January 13, 1994 the District of Columbia 
submitted a 1990 CO base year emissions inventory to EPA for review and 
approval. This inventory was used as the basis for calculations to 
demonstrate maintenance. Virginia's, Maryland's and the District of 
Columbia's submittal contains the detailed inventory data and summaries 
by source category. Each of the State's submittals also contains 
information related to how it comported with EPA's guidance, and which 
model and emission factors were used (note, the MOBILE 5a model was 
used), how 

[[Page 2933]]
vehicle miles travelled (VMT) data was generated, and other technical 
information verifying the emission inventory. 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. Maryland, Virginia and the District of Columbia 
included the requisite inventory in the CO SIP. The base year for the 
inventory was 1990, using a three month CO season of November 1990 
through January 1991.
    Stationary point sources, stationary area sources, on-road mobile 
sources, and nonroad mobile sources of CO were included in the 
inventory. Stationary sources with emissions of greater than 100 tons 
per year were also included in the inventory.
    The following list presents a summary of the CO peak season daily 
emissions estimates in tons per winter day by source category:

                         Wintertime CO Emissions                        
                             [Tons per day]                             
------------------------------------------------------------------------
                                                                Point   
                 State                    Mobile     Area   (stationary)
                                         sources   sources     sources  
------------------------------------------------------------------------
Virginia..............................     288.55     9.89         .92  
 Maryland.............................    1161.34    71.36        4.61  
District of Columbia..................     410.30    18.08        3.32  
------------------------------------------------------------------------

    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 of the Virginia, Maryland and District of Columbia 1990 base 
year CO emissions inventories submitted on November 11, 1994 and April 
3, 1995, March 21, 1994 and January 13, 1994 respectively, based on the 
EPA's technical review of the CO inventory. For further details, 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 Metropolitan 
Washington area has a design value above 9.6 ppm based on 1988 and 1989 
data and consequently was subject to the requirement to adopt an 
oxygenated fuel program. Virginia, Maryland and the District of 
Columbia submitted oxygenated gasoline SIP revisions for the 
Metropolitan Washington CMSA to EPA on November 8, 1993, November 13, 
1992 and October 22, 1993, respectively. EPA approved the SIP revisions 
for Virginia and Maryland on April 15, 1994 and June 6, 1994 
respectively. As noted in the Virginia, Maryland and District of 
Columbia redesignation requests, the States intend to relegate the 
oxygenated fuel program to contingency status upon EPA's approval of 
their redesignation requests. By September 1, 1997 Virginia commits to 
adopt and submit to EPA an oxygenated fuel regulation that will be 
effective at the beginning of the next control period upon a monitored 
violation of the CO NAAQS (two or more exceedances of the CO NAAQS in a 
single calendar year). By January 1996, Maryland commits to adopt and 
submit to EPA an oxygenated fuel regulation that will be effective at 
the beginning of the next control period upon a monitored violation of 
the CO NAAQS (two or more exceedances of the CO NAAQS in a single 
calendar year). EPA took a limited approval/limited disapproval action 
of the District of Columbia's oxygenated fuels SIP. The District's 
regulations at 20 District of Columbia Municipal Regulations Chapter 1, 
Section 199--definitions was deficient in that it lacks the following: 
A definition for the terms ``carriers; a sampling procedure; and 
procedures for the calculation of oxygenated content in the gasoline 
sampled. With approval of the redesignation request the oxygenated 
fuels program will only be relied upon as a contingency measure. For 
purposes of section 175A, a state is not required to have fully adopted 
contingency measures that will take effect without further action by 
the State in order for the maintenance plan to be approved. However, as 
stated above, the contingency plan is considered an enforceable part of 
the SIP and should ensure that the contingency measures are adopted 
expediently once they are triggered. The plan needs to identify the 
measure to be adopted and a schedule and procedure for adoption and 
implementation. For these reasons, the District can correct the 
deficiency subject to the approval of the District's oxygenated fuels 
SIP at 40 CFR part 52, Sec. 52.472, (published at 60 FR 5134 on January 
26, 1995) when it submits the revised regulation as a contingency 
measure. EPA's January 26, 1995 limited approval/limited disapproval of 
the District's oxygenated fuels SIP also initiated an 18-month 
sanctions clock under section 179 of the Act. By this action to move 
the oxygenated fuels program into the contingency measure portion of 
the maintenance plan, the sanction clock is no longer applicable. By 
December 1995, the District of Columbia commits to adopt and submit to 
EPA an oxygenated fuel regulation that will be effective at the 
beginning of the next control period upon a monitored violation of the 
CO NAAQS (two or more exceedances of the CO NAAQS in a single calendar 
year), and correct the deficiencies previously identified by EPA in the 
January 26, 1995 rulemaking.
    In its demonstration of maintenance, described below, the States 
have shown that oxygenated gasoline in the Metropolitan Washington CMSA 
is not necessary for continued maintenance of the CO NAAQS. 
Consequently, by this action, EPA is approving Virginia, Maryland and 
the District of Columbia's use of oxygenated gasoline as a contingency 
measure for the Metropolitan Washington area.
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 Sec. 51.396 of the transportation conformity 
rule 

[[Page 2934]]
and Sec. 51.851 of the general conformity rule, the Commonwealth of 
Virginia, State of Maryland and the District of Columbia were 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, Virginia, Maryland and the District of 
Columbia were required to submit a SIP revision containing general 
conformity criteria and procedures consistent with those established in 
the Federal rule by December 1, 1994. Maryland, Virginia and the 
District of Columbia submitted transportation conformity SIP revisions 
to EPA on May 15, 1995; May 16, 1995; and, May 15, 1995, respectively. 
Furthermore, Virginia, Maryland and the District of Columbia have all 
submitted on May 15, 1995 SIP revisions for general conformity. 
Although this redesignation request was submitted to EPA after the due 
dates for the SIP revisions for transportation conformity [58 FR 62188] 
and general conformity [58 FR 63214] 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 1079d). 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.
    Under this policy, EPA believes that the CO redesignation request 
for the Washington area may be approved notwithstanding the lack of 
approved state transportation and general conformity rules.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

    EPA approved Virginia's, Maryland's and the District of Columbia's 
CO SIPs under the 1977 CAA. Emission reductions achieved through the 
implementation of control measures contained in that SIP are 
enforceable. These measures were: The Federal Motor Vehicle Control 
Program, the basic automobile inspection and maintenance program (I/M), 
Federal Reformulated Gasoline Program, Tier I controls on new vehicles, 
Low Emission Vehicles (LEV) (in Maryland and Washington, DC only), 
State II Vapor Recovery, Evaporative Emissions Control Program, and On-
Board Diagnostics Controls.
    As discussed above, the State initially attained the NAAQS in 1988 
with monitored attainment through 1993. This indicates that the 
improvements are due to the permanent and enforceable measures 
contained in the 1982 CO SIP. With the exception of the LEV program and 
on-board diagnostics controls, all these measures are permanent and 
enforceable because they are either an existing program in the State 
and part of the federally approved SIP (e.g., basic I/M, stage II vapor 
recovery) or are a federally implemented program (e.g., reformulated 
gasoline, FMVCP, or Tier I controls on new vehicles).
    The Commonwealth of Virginia and the State of Maryland and the 
District of Columbia have 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.

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 ten-year 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 State of Virginia's, 
Maryland's and the District of Columbia's maintenance plans for the 
Metropolitan Washington area because EPA finds that Virginia's, 
Maryland's, and District of Columbia's submittal meets the requirements 
of section 175A.
A. Attainment Emission Inventory
    As previously noted, on March 1994, November 11 and 30, 1992 and 
January 7, 1993, Maryland, Virginia and the District of Columbia 
respectively submitted a 1990 base year emissions inventory to EPA for 
review and approval. The inventory includes emissions from area, 
stationary, and mobile sources using 1990 as the base year for 
calculations.
    The State submittal contains the detailed inventory data and 
summaries by county and 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.
    Although the 1990 inventory can be considered representative of 
attainment conditions because the NAAQS was not violated during 1990, 
Virginia, Maryland and the District of Columbia established CO 
emissions for the attainment year, as well as two forecast years out to 
the year 2010 (2007 and 2010) in their redesignation request. These 
estimates were derived from the State's 1990 emissions inventory. The 
state projected emissions for the end of the maintenance period using 
appropriate growth factors, consistent with EPA guidance. To project 
future emissions from mobile sources, MOBILE5a was used to assess the 
benefits gained from federally mandated control measures. The control 
programs assumed are listed in Section III. Stationary source emissions 
were projected using the 1990 base year inventory and multiplying with 
EGAS factors. The area source future emissions were projected using the 
1990 base year inventory and multiplying the inventory with household, 
population, and employment growth factors from the national Capital 
Region Transportation Planning Board (TPB) Round 5.1 forecasting 
system. 

[[Page 2935]]

B. Demonstration of Maintenance-Projected Inventories
    Total CO emissions were projected from 1990 base year to 2010. 
These projected inventories were prepared in accordance with EPA 
guidance. Virginia, Maryland and the District of Columbia will not 
implement the Oxygenated Fuel program in the Metropolitan Washington 
CMSA unless a violation is measured. 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 Metropolitan 
Washington area will maintain the CO standard without the program, and 
the oxygenated fuel 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 the Metropolitan Washington 
area depends, in part, on the State's efforts toward tracking 
indicators of continued attainment during the maintenance period. In 
addition, comprehensive reviews will be conducted periodically of the 
factors used to develop the attainment inventories and those used to 
project CO emissions levels for 1995 and 2007. If any of the localities 
find significant differences between actual and projected growth, 
updated emission inventories will be developed to compare with the 
projections.
D. Contingency Plan
    The level of CO emissions in the Metropolitan Washington area will 
largely determine its ability to stay in compliance with the CO NAAQS 
in the future. Despite the State'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, Virginia, Maryland and the District of 
Columbia have provided contingency measures with a schedule for 
implementation in the event of a future CO air quality problem. The 
plan contains triggering mechanisms to determine when contingency 
measures are needed.
    The Virginia, Maryland and District of Columbia contingency plan 
triggers will be a violation of the CO NAAQS. By September 1, 1997 
Virginia commits to adopt and submit to EPA an oxygenated fuel 
regulations that will be effective at the beginning of the next control 
period upon a monitored violation of the CO NAAQS (two or more 
exceedances of the CO NAAQS in a single calendar year). By January 
1996, Maryland commits to adopt and submit to EPA a oxygenated fuel 
regulations that will be effective at the beginning of the next control 
period upon a monitored violation of the CO NAAQS (two or more 
exceedances of the CO NAAQS in a single calendar year). By December 
1995, the District of Columbia commits to adopt and submit to EPA a 
oxygenated fuel regulations that will be effective at the beginning of 
the next control period upon a monitored violation of the CO NAAQS (two 
or more exceedances of the CO NAAQS in a single calendar year). EPA 
finds that the contingency measure provided in the Virginia, Maryland 
and the District of Columbia submittals meet the requirements of 
section 175A(d) of the CAA.
E. Subsequent Maintenance Plan Revisions
    In accordance with section 175A(b) of the CAA, the State has agreed 
to submit a revised maintenance SIP eight years after the area is 
redesignated to attainment. Such revised SIP will provide for 
maintenance for an additional ten years.

5. Meeting Applicable Requirements of Section 110 and Part D

    In Section III.2. above, EPA sets forth the basis for its 
conclusion that Virginia, Maryland and the District of Columbia have 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 Metropolitan Washington area 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 Metropolitan Washington CO area to attainment, because the State 
has demonstrated compliance with the requirements of section 
107(d)(3)(E) for redesignation. EPA is also approving Virginia's, 
Maryland's and the District of Columbia's 1990 base year CO emissions 
inventory for the Metropolitan Washington CMSA. 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 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 

[[Page 2936]]
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.
    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. The 
Administrator certifies that the approval of the redesignation request 
will not affect a substantial number of small entities.
    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.
    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 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 23, 1995.
Stanley Laskowski,
Acting Regional Administrator, Region III.

    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 J--District of Columbia

    2. Section 52.470 is amended by adding paragraph (c)(36) to read as 
follows:


Sec. 52.470  Identification of plan.

* * * * *
    (c) * * *
    (36) The carbon monoxide redesignation and maintenance plan for the 
District of Columbia submitted by the District of Columbia Department 
of Consumer and Regulatory Affairs on October 12, 1995, as part of the 
District of Columbia SIP. The emission inventory projections are 
included in the maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 12, 1995 from the District of Columbia 
Department of Consumer and Regulatory Affairs requesting the 
redesignation and submitting the maintenance plan.
    (B) Maintenance Plan for the Metropolitan Washington Carbon 
Monoxide Nonattainment Area adopted on September 20, 1995.
    (ii) Additional material.
    (A) Remainder of October 12, 1995 State submittal.


Sec. 52.472  [Amended]

    2a. Section 52.472 is amended by removing and reserving paragraph 
(e).
    3. Section 52.474 is added to read as follows:


Sec. 52.474  1990 Base Year Emission Inventory for Carbon Monoxide

    EPA approves as a revision to the District of Columbia 
Implementation Plan the 1990 base year emission inventory for the 
Washington Metropolitan Statistical Area, submitted by Director, 
District of Columbia Consumer and Regulatory Affairs, on January 13, 
1994 and October 12, 1995. This submittal consist of the 1990 base year 
stationary, area and off-road mobile and on-road mobile emission 
inventories in the Washington Statistical Area for the pollutant, 
carbon monoxide (CO).

Subpart V--Maryland

    4. Section 52.1070 is amended by adding paragraph(c)(118) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (118) The carbon monoxide redesignation and maintenance plan for 
the Counties of Montgomery and Prince George, Maryland submitted by the 
Maryland Department of the Environment on October 12, 1995, as 

[[Page 2937]]
part of the Maryland SIP. The emission inventory projections are 
included in the maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 12, 1995 from the Maryland Department of the 
Environment requesting the redesignation and submitting the maintenance 
plan.
    (B) Maintenance Plan for the Maryland portion of the Metropolitan 
Washington Carbon Monoxide Nonattainment Area adopted on September 20, 
1995.
    (ii) Additional material.
    (A) Remainder of October 12, 1995 State submittal.
    5. Section 52.1075 is amended by redesignating existing text as 
paragraph (a) and adding paragraph (b) to read as follows:


Sec. 52.1075  1990 Base Year Emission Inventory for Carbon Monoxide

* * * * *
    (b) EPA approves as a revision to the Maryland Implementation Plan 
the 1990 base year emission inventory for the Washington Metropolitan 
Statistical Area, submitted by Secretary, Maryland Department of the 
Environment, on March 21, 1994 and October 12, 1995. This submittal 
consist of the 1990 base year stationary, area and off-road mobile and 
on-road mobile emission inventories in the Washington Statistical Area 
for the pollutant, carbon monoxide (CO).

Subpart VV--Virginia

    6. Section 52.2420 is amended by adding paragraphs (c)(107) to read 
as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (107) The carbon monoxide redesignation and maintenance plan for 
the Counties of Arlington and Alexandria, Virginia submitted by the 
Virginia Department of Environmental Quality on October 4, 1995, as 
part of the Virginia SIP. The emission inventory projections are 
included in the maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 4, 1995 from the Virginia Department of 
Environmental Quality requesting the redesignation and submitting the 
maintenance plan.
    (B) Maintenance Plan for the Virginia portion of the Metropolitan 
Washington Carbon Monoxide Nonattainment Area adopted on September 20, 
1995.
    (ii) Additional material.
    (A) Remainder of October 4, 1995 State submittal.
    7. Section 52.2425 is added to read as follows:


Sec. 52.2425  1990 Base Year Emission Inventory for Carbon Monoxide.

    EPA approves as a revision to the Virginia Implementation Plan the 
1990 base year emission inventory for the Washington Metropolitan 
Statistical Area, submitted by Director, Virginia Department of 
Environmental Quality, on November 1, 1993, April 3, 1995 and October 
12, 1995. This submittal consist of the 1990 base year stationary, area 
and off-road mobile and on-road mobile emission inventories in the 
Washington Statistical Area for the pollutant, carbon monoxide (CO).

PART 81--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart C--Section 107 Attainment Status Designations

    9. In Sec. 81.309, the table for ``District of Columbia-Carbon 
Monoxide'' is amended by revising the entry for the ``Washington Area 
Entire Washington Area'' to read as follows:


Sec. 81.309  District of Columbia.

* * * * *

                                      District of Columbia-Carbon Monoxide                                      
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification           
         Designated area          ------------------------------------------------------------------------------
                                     Date\1\               Type              Date\1\              Type          
----------------------------------------------------------------------------------------------------------------
Washington Area:                                                                                                
    Washington Entire Area.......               Attainment                                                      
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      

* * * * *
    10. In Sec. 81.321, the table for ``Maryland-Carbon Monoxide'' is 
amended by revising the entry for ``Montgomery County'' and for 
``Prince George's County'' to read as follows:


Sec. 81.321  Maryland.

* * * * *

                                            Maryland-Carbon Monoxide                                            
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification           
         Designated area          ------------------------------------------------------------------------------
                                     Date\1\               Type              Date\1\              Type          
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Washington Area:                                                                                                
    Montgomery County (part)                    Attainment                                                      
     Election Districts 4, 7, 13.                                                                               
    Prince George's County (part)               Attainment                                                      
     Election Districts 2, 6, 12,                                                                               
     16, 17, 18.                                                                                                
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      

* * * * *
    11. In Sec. 81.347, the table for ``Virginia-Carbon Monoxide'' is 
amended by revising the entry for ``Alexandria'' and for ``Arlington 
County'' to read as follows:


Sec. 81.347  Virginia.

* * * * * 

[[Page 2938]]


                                            Virginia-Carbon Monoxide                                            
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification           
         Designated area          ------------------------------------------------------------------------------
                                            Date\1\               Type              Date\1\              Type   
----------------------------------------------------------------------------------------------------------------
Washington area:                                                                                                
    Alexandria...................                              Attainment    ......................             
    Arlington County.............                              Attainment    ......................             
                                                                                                                
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      

* * * * *
[FR Doc. 96-1592 Filed 1-29-96; 8:45 am]
BILLING CODE 6560-50-P