[Federal Register Volume 60, Number 110 (Thursday, June 8, 1995)]
[Rules and Regulations]
[Pages 30189-30192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14067]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[UT24-1-7036a; FRL-5218-6]


Determination of Attainment of Ozone Standard for Salt Lake and 
Davis Counties, Utah, and Determination Regarding Applicability of 
Certain Reasonable Further Progress and Attainment Demonstration 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is determining, through direct final procedure, that 
the Salt Lake and Davis Counties ozone nonattainment area has attained 
the National Ambient Air Quality Standard (NAAQS) for ozone. This 
determination [[Page 30190]] is based upon three years of complete, 
quality assured ambient air monitoring data for the years 1992, 1993, 
and 1994 that demonstrate that the ozone NAAQS has been attained in 
this area. On the basis of this determination, EPA is also determining 
that certain reasonable further progress and attainment demonstration 
requirements, along with certain other related requirements, of Part D 
of Title 1 of the Clean Air Act are not applicable to the area for so 
long as the area continues to attain the ozone NAAQS. Also, in the 
proposed rules section of this Federal Register, EPA is proposing these 
determinations and soliciting public comment on them. If adverse 
comments are received on this direct final rule, EPA will withdraw this 
final rule and address these comments in a final rule on the related 
proposed rule which is being published in the proposed rules section of 
this Federal Register.

EFFECTIVE DATES: This action will be effective July 24, 1995 unless 
written adverse comments are received by July 10, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: A copy of the air quality data and EPA's analysis are 
available for inspection at the following address: United States 
Environmental Protection Agency, Region 8, Air Programs Branch, 999 
18th Street, Suite 500, Denver, Colorado 80202-2466.
    Written comments should be addressed to: Douglas M. Skie, Chief, 
Air Programs Branch (8ART-AP), United States Environmental Protection 
Agency, Region 8, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Programs Branch (8ART-
AP), United States Environmental Protection Agency, Region 8, 999 18th 
Street, Suite 500, Denver, Colorado 80202-2466 Phone: (303) 293-1814.

SUPPLEMENTARY INFORMATION:

I. Background

    Subpart 2 of Part D of Title I of the Clean Air Act (CAA) contains 
various air quality planning and State Implementation Plan (SIP) 
submission requirements for ozone nonattainment areas. EPA believes it 
is reasonable to interpret provisions regarding reasonable further 
progress (RFP) and attainment demonstrations, along with certain other 
related provisions, so as not to require SIP submissions if an ozone 
nonattainment area subject to those requirements is monitoring 
attainment of the ozone standard (i.e., attainment of the NAAQS 
demonstrated with three consecutive years of complete, quality assured 
air quality monitoring data). As described below, EPA has previously 
interpreted the general provisions of subpart 1 of part D of Title I 
(sections 171 and 172) so as not to require the submission of SIP 
revisions concerning RFP, attainment demonstrations, or contingency 
measures. As explained in a memorandum dated May 10, 1995, from John 
Seitz, Director, Office of Air Quality and Planning Standards, to the 
Regional Air Division Directors, entitled ``Reasonable Further 
Progress, Attainment Demonstration, and Related Requirements for Ozone 
Nonattainment Areas Meeting the Ozone National Ambient Air Quality 
Standard'', EPA believes it is appropriate to interpret the more 
specific RFP, attainment demonstration and related provisions of 
subpart 2 in the same manner.
    First, with respect to RFP, section 171(1) of the CAA states that, 
for purposes of part D of Title I, RFP ``means such annual incremental 
reductions in emissions of the relevant air pollutant as are required 
by this part or may reasonably be required by the Administrator for the 
purpose of ensuring attainment of the applicable national ambient air 
quality standard by the applicable date.'' Thus, whether dealing with 
the general RFP requirement of section 172(c)(2), or the more specific 
RFP requirements of subpart 2 for classified ozone nonattainment areas 
(such as the 15 percent plan requirement of section 182(b)(1)), the 
stated purpose of RFP is to ensure attainment by the applicable 
attainment date.\1\ If an area has in fact attained the standard, the 
stated purpose of the RFP requirement will have already been fulfilled 
and EPA does not believe that the area need submit revisions providing 
for the further emission reductions described in the RFP provisions of 
section 182(b)(1).

    \1\ EPA notes that paragraph (1) of subsection 182(b) is 
entitled ``PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS'' and 
that subparagraph (B) of paragraph 182(c)(2) is entitled 
``REASONABLE FURTHER PROGRESS DEMONSTRATION,'' thereby making it 
clear that both the 15 percent plan requirement of section 182(b)(1) 
and the 3 percent per year requirement of section 182(c)(2) are 
specific varieties of RFP requirements.
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    EPA notes that it took this view with respect to the general RFP 
requirement of section 172(c)(2) in the General Preamble for the 
Interpretation of Title I of the Clean Air Act Amendments of 1990 (57 
FR 13498 dated April 16, 1992), and it is now extending that 
interpretation to the specific provisions of subpart 2. In the General 
Preamble, EPA stated, in the context of a discussion of the 
requirements applicable to the evaluation of requests to redesignate 
nonattainment areas to attainment, that the ``requirements for RFP will 
not apply in evaluating a request for redesignation to attainment 
since, at a minimum, the air quality data for the area must show that 
the area has already attained. Showing that the State will make RFP 
towards attainment will, therefore, have no meaning at that point.'' 
(57 FR at 13564.) \2\

    \2\ See also ``Procedures for Processing Requests to Redesignate 
Areas to Attainment,'' from John Calcagni, Director, Air Quality 
Management Division, to Regional Air Division Directors, September 
4, 1992, at page 6 (stating that the ``requirements for reasonable 
further progress . . . will not apply for redesignations because 
they only have meaning for areas not attaining the standard'').
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    Second, with respect to the attainment demonstration requirements 
of section 182(b)(1), an analogous rationale leads to the same result. 
Section 182(b)(1) requires that the plan provide for ``such specific 
annual reductions in emissions . . . as necessary to attain the 
national primary ambient air quality standard by the attainment date 
applicable under this Act.'' As with the RFP requirements, if an area 
has in fact monitored attainment of the standard, EPA believes there is 
no need for an area to make a further submission containing additional 
measures to achieve attainment. This is also consistent with the 
interpretation of certain section 172(c) requirements provided by EPA 
in the General Preamble to Title I, as EPA stated there that no other 
measures to provide for attainment would be needed by areas seeking 
redesignation to attainment since ``attainment will have been 
reached.'' (57 FR at 13564; see also the September 4, 1992, John 
Calcagni memorandum entitled ``Procedures for Processing Requests to 
Redesignate Areas to Attainment'' at page 6.) Upon attainment of the 
NAAQS, the focus of state planning efforts shifts to the maintenance of 
the NAAQS and the development of a maintenance plan under section 175A.
    Similar reasoning applies to other related provisions of subpart 2. 
The first of these are the contingency measure requirements of section 
172(c)(9). EPA has previously interpreted the contingency measure 
requirement of section 172(c)(9) as no longer being applicable once an 
area has attained the standard since those ``contingency measures are 
directed at ensuring RFP and attainment by the applicable date.'' (57 
FR at 13564; see also the September 4, 1992, John Calcagni memorandum 
entitled ``Procedures for Processing Requests to Redesignate Areas to 
Attainment'' at page 6.) [[Page 30191]] 
    EPA emphasizes that the lack of a requirement to submit the SIP 
revisions discussed above exists only for as long as an area designated 
nonattainment continues to attain the standard. If EPA subsequently 
determines that such an area has violated the NAAQS, the basis for the 
determination that the area need not make the pertinent SIP revisions 
would no longer exist. The EPA would notify the State of that 
determination and would also provide notice to the public in the 
Federal Register. Such a determination would mean that the area would 
have to address the pertinent SIP requirements within a reasonable 
amount of time, which EPA would establish taking into account the 
individual circumstances surrounding the particular SIP submissions at 
issue. Thus, a determination that an area need not submit one of the 
SIP submittals amounts to no more than a suspension of the requirement 
for so long as the area continues to attain the standard.
    The State must continue to operate an appropriate air quality 
monitoring network, in accordance with 40 CFR Part 58, to verify the 
attainment status of the area. The air quality data relied upon to 
determine that the area is attaining the ozone standard must be 
consistent with 40 CFR Part 58 requirements and other relevant EPA 
guidance and recorded in EPA's Aerometric Information Retrieval System 
(AIRS).
    The determinations that are being made with this Federal Register 
notice are not equivalent to the redesignation of the area to 
attainment. Attainment of the ozone NAAQS is only one of the criteria 
set forth in section 107(d)(3)(E) that must be satisfied for an area to 
be redesignated to attainment. To be redesignated, the state must 
submit and receive full EPA approval of a redesignation request.
    Furthermore, the determinations made in this notice do not shield 
an area from future State or EPA action to require emissions reductions 
from sources in the area where there is evidence, such as photochemical 
grid modeling, showing that emissions from sources in the area 
contribute significantly to nonattainment in, or interfere with 
maintenance by, other nonattainment areas. EPA has authority under 
sections 110(a)(2)(A) and 110(a)(2)(D) to require such emission 
reductions if necessary and appropriate to deal with transport 
situations.

II. Analysis of Air Quality Data

    The EPA has reviewed the ambient air monitoring data for ozone 
(consistent with the requirements contained in 40 CFR Part 58 and 
recorded in AIRS) for the Salt Lake and Davis Counties ozone 
nonattainment area in the State of Utah for 1992, 1993, and 1994. On 
the basis of that review EPA has concluded that the area has attained 
the ozone standard. Thus, this area is no longer recording violations 
of the air quality standard for ozone. A summary table of the relevant 
air quality data is provided below. A more detailed description of the 
ozone monitoring data for the area is provided in the EPA technical 
support document for this action.
    The values in the table below present the maximum recorded ozone 
measurements expressed, for each year, in parts per million (ppm).

------------------------------------------------------------------------
      Monitor name           AIRS ID No.      1992      1993      1994  
------------------------------------------------------------------------
Bountiful (Davis County)     49-011-0001 1     0.103     0.104     0.117
Salt Lake County........     49-035-0003 1     0.104     0.111  \1\ 0.12
                                                                       4
Salt Lake City..........     49-035-3001 2     0.094     0.100     0.115
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\1\ EPA's ozone monitoring guideline provides that a measured exceedence
  of the ozone standard does not occur until a measured value of 0.125  
  ppm is recorded. Refer to EPA's ``Guideline for the Interpretation of 
  Ozone Air Quality Standards'', EPA-450/4-79-003, OAQPS No. 1.2-108,   
  dated January, 1979.                                                  

FINAL ACTION: EPA has determined that the Salt Lake and Davis Counties 
ozone nonattainment area has attained the ozone standard for 1992, 
1993, and 1994. As a consequence of EPA's determination that the Salt 
Lake and Davis Counties area has attained the ozone standard, the 
requirements of section 182(b)(1) concerning the submission of the 15 
percent plan and ozone attainment demonstration and the requirements of 
section 172(c)(9) concerning contingency measures are not applicable to 
the area so long as the area does not violate the ozone standard.
    Specific to the Salt Lake and Davis Counties' ozone nonattainment 
area, Governor Michael Leavitt submitted a Redesignation Request and 
Maintenance Plan on November 12, 1993. On January 13, 1995, the 
Governor submitted revisions to that initial submittal that included 
revised emission inventories.
    Because the State submitted an Ozone Redesignation Request and 
Maintenance Plan SIP revision for Salt Lake and Davis Counties, in lieu 
of a 15 percent SIP revision, Salt Lake and Davis Counties have been 
subject to the motor vehicle emissions budget in the Ozone 
Redesignation Request and Maintenance Plan SIP revision for 
transportation conformity purposes (see 40 CFR 93.128(i)).
    Pursuant to EPA's new May 10, 1995, policy, the State may continue 
to demonstrate conformity to this submitted motor vehicle emissions 
budget, or the State may choose to withdraw the applicability of the 
motor vehicle emissions budget in the Ozone Redesignation Request and 
Maintenance Plan SIP revision for transportation conformity purposes, 
through the submittal of a letter from the Governor. If the 
applicability of the submitted motor vehicle emissions budget is 
withdrawn for transportation conformity purposes, only the build/no-
build and less-than-1990 tests will apply until the Ozone Redesignation 
Request and Maintenance Plan are approved. If the applicability of the 
submitted motor vehicle emissions budget is not withdrawn for 
transportation conformity purposes, it will continue to apply.
    EPA emphasizes that the above determinations are contingent upon 
the continued monitoring and continued attainment and maintenance of 
the ozone NAAQS in the affected area. If a violation of the ozone NAAQS 
is monitored in the Salt Lake and Davis Counties area (consistent with 
the requirements contained in 40 CFR Part 58 and recorded in AIRS), EPA 
will provide notice to the public in the Federal Register. Such a 
violation would mean that the area would thereafter have to address the 
requirements of section 182(b)(1) and section 172(c)(9) since the basis 
for the determination that they do not apply would no longer exist.
    As a consequence of the determinations that the area has attained 
and that the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1), and the contingency measures 
requirement of section 172(c)(9), do not presently apply, the sanctions 
clock started by EPA on January 19, 1994, for the failure to submit a 
section 182(b)(1) 15 percent plan and attainment demonstration, and 
[[Page 30192]] section 172(c)(9) contingency measures, is hereby 
stopped as the deficiencies for which the clock was started no longer 
exist.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    This action will become effective on July 24, 1995. However, if the 
EPA receives adverse comments by July 10, 1995, then the EPA will 
publish a notice that withdraws the action, and will address those 
comments in the final rule on this action which has been proposed for 
approval in the proposed rules section of this Federal Register.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget exempted this 
regulatory action from Executive Order 12866 review.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000. Today's determination does not create any new requirements, but 
allows suspension of the indicated requirements. Therefore, because the 
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected.
    Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act 
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, 
EPA must undertake various actions in association with proposed or 
final rules that include a Federal mandate that may result in estimated 
costs of $100 million or more to the private sector, or to State, 
local, or tribal governments in the aggregate.
    EPA's final action does not impose any federal intergovernmental 
mandate, as defined in section 101 of the Unfunded Mandates Act, upon 
the State. No additional costs to State, local, or tribal governments, 
or to the private sector, result from this action, which suspends the 
indicated requirements. Thus, EPA has determined that this final action 
does not include a 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.
    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 August 7, 1995. 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)).

Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Section 6 of Executive Order 12866.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen oxides, 
Ozone, Volatile organic compounds, Intergovernmental relations, 
Reporting and record keeping requirements.

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

    Dated: May 31, 1995.
William P. Yellowtail,
Regional Administrator.

    40 CFR part 52, Subpart TT, 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 TT--Utah

    2. Section 52.2332 is added to read as follows:


Sec. 52.2332  Control strategy: Ozone.

    Determination--EPA is determining that, as of May 17, 1995, the 
Salt Lake and Davis Counties ozone nonattainment area has attained the 
ozone standard based on air quality monitoring data from 1992, 1993, 
and 1994, and that the reasonable further progress and attainment 
demonstration requirements of section 182(b)(1) and related 
requirements of section 172(c)(9) of the Clean Air Act do not apply to 
the area for so long as the area does not monitor any violations of the 
ozone standard. If a violation of the ozone NAAQS is monitored in the 
Salt Lake and Davis Counties ozone nonattainment area, these 
determinations shall no longer apply.

[FR Doc. 95-14067 Filed 6-7-95; 8:45 am]
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