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.
2932 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

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,

§§ 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 § 52.1070(c)(71), (49 FR 36645).

Virginia’s CO SIP was approved by EPA

on January 25, 1984 at 40 CFR

§ 52.2420(c)(78), (49 FR 3083). The

District’s CO SIP approved by EPA on

October 3, 1984 at 40 CFR § 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 fullyapproved 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 § 52.499

District of Columbia, 43 FR 26410, June

19, 1978, as amended 45 FR 52741,

August 7, 1980; § 52.1116 Maryland, 45

FR 52741, August 7, 1980, as amended

47 FR 7835, February 23, 1982;

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

State Mobile

sources

Area

sources

Point

(stationary)

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,

§ 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 § 51.396

of the transportation conformity rule
2934 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

and § 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 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 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.
Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations 2935

B. Demonstration of MaintenanceProjected 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
2936 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

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:

§ 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.

§ 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:

§ 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:

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

§ 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:

§ 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:

§ 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 § 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:

§ 81.309 District of Columbia.

* * * * *

DISTRICT OF COLUMBIA-CARBON MONOXIDE

Designated area

Designation Classification

Date 1 Type Date 1 Type

Washington Area:

Washington Entire Area. ............................................................................. Attainment

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

* * * * *

10. In § 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:

§ 81.321 Maryland.

* * * * *

MARYLAND-CARBON MONOXIDE

Designated area

Designation Classification

Date 1 Type Date 1 Type

* * * * * * *

Washington Area:

Montgomery County (part) Election Districts 4, 7, 13 ................................. Attainment

Prince George’s County (part) Election Districts 2, 6, 12, 16, 17, 18 ......... Attainment

* * * * * * *

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

* * * * *

11. In § 81.347, the table for ‘‘VirginiaCarbon Monoxide’’ is amended by

revising the entry for ‘‘Alexandria’’ and

for ‘‘Arlington County’’ to read as

follows:

§ 81.347 Virginia.

* * * * *
2938 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

VIRGINIA-CARBON MONOXIDE

Designated area

Designation Classification

Date 1 Type Date 1 Type

Washington area:

Alexandria .................................................................................................... Attainment .....................

Arlington County .......................................................................................... Attainment .....................

* * * * * * *

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

* * * * *

[FR Doc. 96–1592 Filed 1–29–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[KS001; AD–FRL–5407–8]

Clean Air Act (CAA) Final Full Approval

of Operating Permits Programs; State

of Kansas, and Delegation of 112(l)

Authority

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final full approval.

SUMMARY: The EPA is fully approving

the operating permits program

submitted by the state of Kansas for the

purpose of complying with Federal

requirements for an approvable state

program to issue operating permits to all

major stationary sources and certain

other sources. EPA is also approving,

under section 112(l), the state program

for accepting delegation of section 112

standards to enforce air toxics

regulations.

EFFECTIVE DATE: February 29, 1996.

ADDRESSES: Copies of the state’s

submittal and other supporting

information used in developing the final

full approval are available for inspection

during normal business hours at the

following location: EPA Region VII, 726

Minnesota Avenue, Kansas City, Kansas

66101.

FOR FURTHER INFORMATION CONTACT:

Wayne A. Kaiser at (913) 551–7603.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Title V of the 1990 Clean Air Act

Amendments (sections 501–507 of the

Clean Air Act (‘‘the Act’’)), and

implementing regulations at 40 Code of

Federal Regulations (CFR) Part 70,

require that states develop and submit

operating permits programs to EPA by

November 15, 1993, and that EPA act to

approve or disapprove each program

within one year after receiving the

submittal. The EPA’s program review

occurs pursuant to section 502 of the

Act and the Part 70 regulations, which

together outline criteria for approval or

disapproval.

On July 3, 1995, EPA proposed full

approval of the operating permits

program for Kansas (60 FR 34493). No

public comments were received. In this

notice, EPA is taking final action to

promulgate full approval of the

operating permits program for the state

of Kansas, including delegation of 112(l)

authority.

II. Final Action and Implications

A. Fulfillment of EPA Requested

Modifications

The July 3, 1995, Federal Register

notice proposing approval of the Kansas

program discussed three areas of the

Kansas program which required

additional action prior to qualifying for

full approval. The state needed to: (1)

modify certain regulations to ensure that

they were consistent with Part 70, (2)

submit an Implementation Agreement

(I.A.) which describes certain provisions

for state implementation of the Part 70

program, and (3) submit an insignificant

activities list. The July 3, 1995, Federal

Register notice and the Technical

Support Document for the notice

describe in detail the changes in the

program required for full approval. The

reader should refer to those documents

for a complete description of the

changes required by Kansas.

The state of Kansas has satisfied the

requirements for full program approval

as described in the notice proposing

approval. The required revisions were

made to rules K.A.R. 28–19–7, K.A.R.

28–19–511, K.A.R. 28–19–512, and

K.A.R. 28–19–518. The rule revisions

were adopted by the Secretary of the

Kansas Department of Health and

Environment (KDHE) on November 14,

1995, and were effective December 8,

1995. The state also submitted an I.A.

which satisfactorily addresses the

deficiencies described in the notice

which were to be addressed in the I.A.

The state also submitted an adequate

insignificant activities list.

The I.A. includes a commitment that

the permitting agency will not exercise

its authority under state law to grant a

variance from the duty to comply with

a federally enforceable Part 70 permit,

except where such relief is granted

through procedures allowed by Part 70.

Therefore, the state variance provision

is not part of the Kansas Title V

program.

B. Final Action

The EPA is promulgating full

approval of the operating permits

program submitted to EPA by the state

of Kansas on December 12, 1994, with

supplemental submissions on April 7

and 17, 1995; November 14, 1995; and

December 13, 1995. Among other things,

the state of Kansas has demonstrated its

program meets the minimum elements

of a state operating permits program as

specified in 40 CFR Part 70.

1. Regulations. This approval includes

the following regulations adopted by the

KDHE as they relate to the Kansas Class

I operating permit program: K.A.R. 28–

19–7, General provisions, definitions;

K.A.R. 28–19–202, Annual emissions

fee; K.A.R. 28–19–204, General

provisions, permit issuance and

modification, public participation;

K.A.R. 28–19–400 through –404,

General permits; K.A.R. 28–19–500

through –502, Operating permits; and

K.A.R. 28–19–510 through –518, Class I

operating permits.

2. Jurisdiction. The scope of the Part

70 program approved in this notice

applies to all Part 70 sources (as defined

in the approved program), within the

state of Kansas, except any sources of air

pollution over which an Indian Tribe

has jurisdiction. See 59 FR 55813,

55815–18 (November 9, 1994). The term

‘‘Indian Tribe’’ is defined under the Act

as ‘‘any Indian Tribe, Band, Nation, or

other organized group or community,

including any Alaska Native village,

which is Federally recognized as

eligible for the special programs and

services provided by the United States

to Indians, because of their status as

Indians.’’ See section 302(r) of the CAA;