[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Proposed Rules]
[Pages 49285-49289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23818]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NY23-1-155, FRL-5607-1]


Approval and Promulgation of Implementation Plans; State of New 
York; Heavy Duty Clean Fuel Fleet Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing 
conditional approval of the State Implementation Plan revision 
submitted by the State of New York for the purpose of meeting the 
requirement to submit the heavy duty vehicle portion of the Clean Fuel 
Fleet program (CFFP) required by the Clean Air Act. This revision will 
establish and require the implementation of a Clean Fuel Fleet Program 
applicable to centrally fueled heavy duty vehicle fleets in the New 
York severe ozone nonattainment area.

DATES: Comments must be received on or before October 21, 1996.

ADDRESSES: All comments should be addressed to: Ronald Borsellino, 
Chief, Air Programs Branch, Environmental Protection Agency, Region II 
Office, 290 Broadway, New York, New York 10007-1866.
    Copies of the state submittals are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Air Programs Branch, 
290 Broadway, 25th Floor, New York, New York 10007-1866
New York State Department of Environmental Conservation, Division of 
Air Resources, 50 Wolf Road, Albany, New York 12233

FOR FURTHER INFORMATION CONTACT: Michael P. Moltzen, Air Programs 
Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New 
York, New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(c)(4)(A) of the Clean Air Act requires certain States, 
including New York, to submit for EPA approval a State Implementation 
Plan (SIP) revision that includes measures to implement a Clean Fuel 
Fleet program (CFFP). Under this program, a certain specified 
percentage of vehicles purchased by fleet operators for covered

[[Page 49286]]

fleets must meet emission standards that are more stringent than those 
that apply to conventional vehicles beginning in model year 1998. 
Covered fleets are defined as fleets of 10 or more vehicles that are 
centrally fueled or capable of being centrally fueled. The program 
applies in the New York portion of the New York-Northern New Jersey-
Long Island nonattainment area.
    Section 182(c)(4)(B) of the Act allows states to ``opt out'' of the 
CFFP by submitting for EPA approval a SIP revision consisting of a 
program or programs that will result in at least equivalent long term 
reductions in ozone-producing and toxic air emissions as achieved by 
the CFFP. The Clean Air Act directs EPA to approve a substitute program 
if it achieves the long-term emissions reductions equivalent to those 
that would have been achieved by the CFFP or the portion of the CFFP 
for which the measure is to be substituted.
    New York chose to opt out of the light duty vehicle portion of the 
CFFP requirements with its May 15, 1994 and August 9, 1994 SIP 
revisions that transmitted the New York State Code of Rules and 
Regulations, Part 218, ``Emission Standards for Motor Vehicles and 
Motor Vehicle Engines,'' the State's low emission vehicle program 
(LEV). However, the State also chose not to opt out of the heavy duty 
vehicle portion of the CFFP in the 1994 submissions. A proposed heavy 
duty vehicle CFFP regulation was included in the May 15, 1994 submittal 
that was intended by New York to fulfill the heavy duty portion of the 
required program. EPA took final action in a Federal Register notice 
dated January 6, 1995 approving the State's LEV program as an adequate 
light duty vehicle CFFP substitute measure, as permitted by section 
182(c)(4) of the Clean Air Act (see 60 FR 2022).
    However EPA, in the same notice, disapproved the heavy duty portion 
of that submittal (the reader is referred to the January 6, 1995 notice 
for a detailed discussion of the severable nature of the CFFP). At that 
time the heavy duty CFFP was unadopted by the State. Therefore, 
pursuant to 40 CFR 52.31(c)(2), EPA found that New York failed to meet 
one or more of the elements of SIP submission required by the Act, 
namely that measures must be state-adopted. As a result of the partial 
disapproval of the SIP, the January 6, 1995 notice initiated the 
sanction process, mandated by section 179(a)(2) of the Clean Air Act. 
The Clean Air Act prescribes two mandatory sanctions that the 
Administrator must impose: (1) A requirement for two-for-one emissions 
offsets in nonattainment areas for construction of major new and 
modified sources, and (2) a cutoff of federal funding for certain 
highway projects. The first sanction must be imposed eighteen months 
from the date of the finding that the SIP revision is not approvable, 
if the deficiency causing the disapproval is not corrected by that 
time. New York's August 1996 heavy duty Clean Fuel Fleet regulation was 
submitted to EPA in advance of the first sanction, which was scheduled 
to take effect on September 7, 1996. In this notice, EPA is proposing 
conditional approval of the State's heavy duty Clean Fuel Fleet program 
as satisfying the requirements of the Clean Air Act and correcting the 
deficiency identified in New York's first CFFP submittal. Elsewhere in 
today's Federal Register, EPA is also publishing an Interim Final 
Determination that New York has corrected the deficiency which started 
the sanctions clocks and which will defer imposition of the sanctions.

II. Program Requirements

    Unless a state chooses to opt-out of the CFFP under section 
182(c)(4) of the Clean Air Act, section 246 of the Clean Air Act 
directs a state containing covered areas to revise its SIP to establish 
a CFFP. The CFFP shall require a specified percentage of all newly 
acquired vehicles of covered fleets, beginning with model year (MY) 
1998 and thereafter, to be Clean Fuel Vehicles (CFVs) and shall require 
such vehicles to use the fuel on which the vehicle was certified to be 
a CFV, when operating in the covered area.

III. State Submittal

    The State of New York did not choose to opt-out of the heavy duty 
portion of the CFFP pursuant to section 182(c)(4) of the Clean Air Act 
and, therefore, submitted as part of its SIP revision on May 15, 1994, 
a proposed heavy duty CFFP. However, because this portion of the 
submittal did not include a fully adopted rule establishing a heavy 
duty CFFP, EPA disapproved that portion of the submittal as required by 
the Clean Air Act. On August 9, 1996, the State submitted to EPA a 
letter requesting review of its heavy duty CFFP, that was proposed and 
emergency adopted in the New York State Register on July 24, 1996. In a 
letter dated August 23, 1996, EPA transmitted comments to New York on 
its proposed addition to 6 NYCRR of Part 210, ``Centrally Fueled 
Fleets.'' The State responded to EPA's August 23 letter with a letter 
dated August 28, 1996, in which New York stated its intent to address 
EPA's comments prior to fully adopting 6 NYCRR Part 210. Because the 
State has a rule in place and has submitted a commitment to make 
specific revisions to its program, EPA is proposing to conditionally 
approve the rule submitted on August 9, 1996.

IV. Analysis of State Submittal

    EPA has reviewed the State's submittal for consistency with the 
requirements of EPA regulations. A summary of EPA's analysis is 
provided below. More detailed support for approval of the State's 
submittal is contained in a Technical Support Document (TSD), which is 
available from the Region 2 Office, listed above.

A. Covered Areas

    As required by section 246(a)(2) of the Clean Air Act, the SIP 
revision needs to list those areas where the CFFP will be implemented. 
In New York, the applicable area defined by section 246(a)(2) is 
comprised of New York City, Long Island, Westchester and Rockland 
Counties, and the seven southern-most townships in Orange County. Part 
210.1(as) of 6 New York Code of Rules and Regulations (6 NYCRR) defines 
the covered area to include the following counties: Bronx, Kings, 
Queens, New York, Richmond, Rockland, Putnam, Westchester, Nassau and 
Suffolk, and the lower Orange County towns of Blooming Grove, Chester, 
Highlands, Monroe, Tuxedo, Warwick and Woodbury. The areas covered 
under 6 NYCRR Part 210.1(as) are the same areas as required by the 
Clean Air Act.

B. Definitions

    Sections 241 (1) to (7) of the Clean Air Act, and 40 CFR 88.302-94, 
define specific terms that are to be used in the state CFFP 
regulations. 6 NYCRR Part 210.1 contains definitions of the terms used 
by New York in the heavy duty CFFP rule. With three minor exceptions, 
the revision's definitions are consistent with section 241 (1) to (7) 
of the Clean Air Act as well as 40 CFR 88.302-94. In its August 28, 
1996 letter of intent, New York indicated that it would address EPA's 
comments regarding the following subparts of 6 NYCRR Part 210, based on 
EPA's August 23, 1996 comments: (g), Capable of being centrally fueled, 
(y), Financial hardship, and (an), Majority of travel. The first and 
third of these would allow the State to use methods other than those 
listed in the Clean Air Act or the CFR to determine which fleets are 
covered by the CFFP. EPA believes the State has discretion to use other 
methods to assist in that determination, although those methods would 
be subject to EPA approval (see 58 FR 64682). The State's 6 NYCRR Part 
210 needs to reflect the

[[Page 49287]]

dependance of such methods on EPA's approval. Subpart 210.1(y) of 6 
NYCRR, defines the term ``financial hardship'' as it would relate to 
covered fleet operators and the relative cost of compliance they would 
incur. While not a Clean Air Act-required CFFP element, EPA does agree 
that use of such a term would be reasonable in certain situations. If 
the State chooses to retain this definition in the regulation, it 
should modify it to be less specific or provide justification for the 
detail it intends to employ in determining if a covered fleet operator 
can claim financial hardship for the purpose of being exempted from the 
CFFP requirements.

C. Covered Fleets

    Section 241(5) of the Clean Air Act defines a ``covered fleet'' as 
10 or more motor vehicles that are owned or operated by a single 
person. Part 210.1(aq) and 210.2 of 6 NYCRR, taken together, identify 
the vehicles/fleets that are included in New York's heavy duty CFFP, 
and are consistent with section 241(5) of the Clean Air Act. Section 
210.2 of 6 NYCRR correctly identifies federal fleets as among those 
that would be required to participate in the CFFP if they were 
determined to be covered. However, subpart (d) of that section imposes 
federal agencies operating covered fleets to obtain CFV's from original 
equipment manufacturers (OEM). EPA does not believe that such a 
requirement is a necessary element of a state's CFFP, as it is not an 
explicit requirement of section 246 to be included in states' SIP 
revisions. In its August 28, 1996 letter of intent, New York agreed to 
address EPA's comment that 6NYCRR Part 210.2 should be amended to 
eliminate the specific requirement that covered federal fleets comply 
with the CFFP by purchasing OEMs. Pursuant to section 248 of the Clean 
Air Act, federal fleets are subject to the requirements of part C of 
Title II of the Act. Federal fleets in the covered area would be 
sufficiently subject to the requirements of New York's CFFP, once 
approved by EPA, in the same manner as privately-owned fleets.

D. Vehicles Classes Covered

    Sections 242 and 243 of the Clean Air Act and 40 CFR part 88, 
subpart C, define the vehicle classes covered by the CFFP. Section 
210.1(j) of 6 NYCRR defines the vehicle weight classes covered by the 
New York heavy duty CFFP. These classes are light duty trucks between 
6,000 and 8,500 pounds gross vehicle weight rating (GVWR) and heavy 
duty trucks between 8,500 pounds and 26,000 pounds. New York's 
subsections 210.1 (ad), (ae) and (af) further subdivide the heavy duty 
vehicle class into light heavy duty vehicles (8,501 to 19,500 pounds), 
medium heavy duty vehicles (19,501 to 26,000 pounds) and heavy heavy 
duty vehicles (26,001 pounds and greater). Heavy heavy duty vehicles 
are not affected by the heavy duty CFFP. The classes of vehicles 
included in the revision are identical to those set forth in sections 
242 and 243 of the Clean Air Act and 40 CFR part 88, subpart C, as they 
apply to the two weight classes regulated in New York's CFFP.

E. Clean-Fuel Vehicles (CFVs)

    Section 241(7) of the Clean Air Act defines a CFV to mean a vehicle 
in a class or category of vehicles that has been certified to meet, for 
any model year, the applicable CFV standards. 40 CFR 88.104-94 and 40 
CFR 88.306-94 establish three categories of increasingly stringent CFV 
standards, which are referred to as low-emission vehicle (LEV) 
standards, ultra low-emission vehicle (ULEV) standards, and zero-
emission vehicle (ZEV) standards. In addition, a vehicle certified by 
the EPA to meet the inherently low-emission vehicle (ILEV) standard, 
found in 40 CFR 88.311-93, is also considered a CFV. Section 210.1(j) 
of 6 NYCRR also defines a CFV as a vehicle which has been certified to 
meet, for any model year, a set of emission standards, contained in 
Tables 1 through 6 of the New York CFFP rule. The standards specified 
in the rule are the same as those established in 40 CFR 88.104-94, 40 
CFR 88.311-93, and 40 CFR 88.306-944, with one exception: in Table 6, 
Emission standards for heavy-duty trucks, the ULEV formaldehyde (HCHO) 
emission standard reads 0.05 grams per brake horsepower-hour(g/bhp-h); 
it should read 0.025 g/bhp-h (see 40 CFR 88.105-94). In its August 28, 
1996 letter of intent, New York agreed to address this concern.

F. Percentage Requirements

    Section 246(b) of the Clean Air Act establishes phase-in 
requirements for covered fleets applicable to new vehicle acquisitions. 
Section 210.3 of 6 NYCRR contains the CFV purchase requirements for the 
New York's heavy duty CFFP. The phase-in schedule in New York's rule is 
identical to the schedule in the Clean Air Act. Sections 210.4 (a)(2) 
and (b)(3) of 6NYCRR are similar to Clean Air Act section 246(c)(1), 
which allows for an effective delay in the CFFP phase-in schedule upon 
an EPA determination that clean fuel vehicles are not reasonably 
available. In its August 28, 1996 letter of intent, New York agreed to 
address EPA's comment regarding the need to modify its CFFP phase-in 
schedule delay provision to make it necessarily more consistent with 
Clean Air Act section 246(c)(1) and EPA policy. Section 246(c)(1) 
allows for an effective delay in the CFFP phase-in schedule for clean 
fuel vehicle purchases until one model year after vehicles of those 
classes which meet the applicable clean fuel vehicle emission standards 
are offered for sale in California; section 246 limits such a delay to 
last no longer than Model Year 2001 vehicles.

G. Credit Program

    Section 246(f) of the Clean Air Act and 40 CFR 88.304-94 require 
the State to implement a credit program as part of the CFFP. Briefly, 
the Clean Fuel Fleet (CFF) credit program establishes a market-based 
mechanism that allows fleet owners some flexibility in complying with 
the CFF purchase requirement. Fleet owners may meet the purchase 
requirements by trading emission reduction credits earned in any the 
following ways: (1) By the purchase of more CFVs than the minimum 
required by a CFFP; (2) by the purchase of CFVs which meet more 
stringent emission standards than the minimum required by the CFFP; (3) 
by the purchase of CFVs otherwise exempt from the CFFP; and (4) by the 
purchase of CFVs before MY 1998. The credits generated may be used by a 
covered fleet operator to satisfy the purchase requirements of a CFFP 
or may be traded by one covered fleet operator to another, provided the 
credits were generated and used in, and both operators are located in, 
the same nonattainment area. Certain restrictions on the trading of the 
credits between classes must be observed. The credits do not depreciate 
with time and are to be freely traded without interference by the 
state.
    Section 210.5 of 6 NYCRR establishes a credit program that provides 
credits for operators who: (1) Acquire more CFVs than the New York 
heavy duty CFFP requires in any year, (2) acquire CFVs which meet more 
stringent emission standards than the minimum requirements, (3) acquire 
CFVs in exempted vehicle categories, or (4) acquire CFVs prior to the 
effective date of New York's CFFP regulation. These eligibility 
requirements are consistent with section 246(f) of the Clean Air Act. 
Section 210.5 of 6NYCRR includes Tables 8 and 9, which set forth the 
amount of credit granted for the various ways of meeting the purchasing 
requirements explained above. These tables are identical to Tables C94-
1.1 and C94-4.1 of 40 CFR part 88, subpart

[[Page 49288]]

C. However, in Table 7 of 6NYCRR Part 210.4, Emission standards for 
determining credit weighting, the LEV combined emission standard 
(NMHC+NOX) reads 3.8 g/bhp-h; it should read 3.5 g/bhp-h (see 
Table 3.2, 58 FR 11888, 3/1/93). In its August 28, 1996 letter of 
intent, New York agreed to adress this concern.
    The SIP revision requires credits for vehicles in separate weight 
classes to be kept separate. Trading of credits between heavy duty 
vehicle (HDV) subclasses in a downward direction only is permitted. 
Trading is not allowed between vehicles greater than 8,500 pounds GVWR 
and vehicles between 6,000 pound GVWR up to and including 8,500 pound 
GVWR weight classes in an upward direction. These limitations and 
restrictions are consistent with those specified in section 246(f)(2) 
of the Clean Air Act.

H. Fuel Use

    40 CFR 88.304-94(b)(3) requires that the fuel on which a dual-fuel 
or flexible-fuel CFV was certified to be used at all times in such a 
vehicle when it is operated in the covered area. Section 210.5(b)(3) of 
6 NYCRR requires that for any dual-fuel/bi-fuel or flexible-fuel 
vehicle to be considered a CFV (and therefore capable of generating 
credit), the vehicle must be operated in the program area on the fuel 
on which it was certified as a CFV. This limitation is consistent with 
40 CFR 88.304-94(b)(3).

I. Fuel Availability

    Section 246(e) of the Clean Air Act requires the SIP revision to 
require fuel providers to make clean alternative fuel available to the 
covered fleets at central locations. Section 210.7 of 6 NYCRR requires 
fuel providers to make clean fuels available to covered fleet operators 
at central locations, similarly to Clean Air Act section 246(e). In its 
August 28, 1996 letter of intent, New York agreed to address EPA's 
comment that its heavy duty CFFP should be amended to relieve affected 
fuel providers, and the State, of unnecessary administrative burden by 
simplifying 6NYCRR Part 210.7 to make it more consistent with Clean Air 
Act section 246(e). Such a modification would eliminate the need for 
the State to include a variance provision in its Fuel Provider 
Requirements section; such a provision, if ultimately included, would 
require EPA approval prior to State granting of any applicable waivers, 
variances or extensions.

J. Consultation

    Section 246(a)(4) of the Clean Air Act requires that the SIP 
revision must be developed in consultation with fleet operators, 
vehicle manufacturers, fuel producers, distributors of motor vehicle 
fuel, and other interested parties, taking into consideration 
operational range, specialty uses, vehicle and fuel availability, 
costs, safety, resale values, and other relevant factors. In its August 
28, 1996 letter of intent, New York agreed to adress EPA's comment that 
it include documentation that adequate consultation was used in 
developing its heavy duty CFFP regulation. The documentation should 
indicate that their consultation took into consideration the factors 
specified in section 246(a)(4) of the Clean Air Act.

K. Recordkeeping and Reporting

    Although not specifically required by section 246 of the Clean Air 
Act or 40 CFR 88.304-94, EPA believes that certain recordkeeping and 
reporting requirements to be imposed on fleet operators participating 
in the CFFP are a necessarily prudent component of a state's CFFP 
regulation.
    New York's Part 210 contains recordkeeping and reporting 
requirements for covered fleet owners and operators in section 210.6 of 
6 NYCRR which are adequate to ensure program compliance. This section 
requires each covered fleet owner to submit annual compliance 
certification which indicates the number of covered fleet vehicles by 
weight class, the number of new covered fleet vehicles by weight class, 
the number of new CFVs purchased by weight class and emission standard 
(LEV, ULEV, ZEV), the current model year credit balance, and the 
cumulative credit balance. New York's heavy duty CFFP regulation also 
requires fleet owners to report vehicle number and type projections 
needed to comply with the phase-in schedule. Fleet fuel needs, 
including type and quantity of fuel required on an annual basis, is 
also a reporting requirement of New York's regulation. If the required 
fuel is unavailable, the regulation requires fleet owners to request 
the State to make it available.
    The regulation ensures that New York State Department of 
Environmental Conservation (NYSDEC) will, on receipt of each fleet 
owner certification, determine completeness/incompleteness and take 
appropriate action. In addition, NYSDEC is required to verify the 
existence of credits prior to any credit transactions and to approve of 
all credit transactions prior to transaction commitment. The State 
imposes these same reporting requirements on non-covered fleet owners 
who wish to generate credits.

L. Enforcement

    EPA believes the State should provide adequate enforcement to 
ensure that covered fleet owners comply with the requirements of the 
regulations adopted for implementation of the heavy duty CFFP. In 
addition to enforcement authorities applicable to the State program, 
the State also provides for enforcement in section 210.6 of the heavy 
duty CFFP reporting requirements through the authority of New York's 
Penal Law regarding certification requirements, including punishment 
for submission of false certification statements.

M. Transportation Control Measure Exemptions

    40 CFR 88.307-94(a) requires states to exempt any CFV, required by 
law to participate in a CFFP, from temporal-based (e.g., time-of-day or 
day-of-week) transportation control measures (TCM) existing for air 
quality reasons as long as the exemption does not create a clear and 
direct safety hazard. In the case of high occupancy vehicle (HOV) 
lanes, this exemption only applies to CFVs that are certified to be 
ILEVs pursuant to 40 CFR 88.313-93. Section 210.8 exempts CFVs from 
temporal based TCMs as long as the CFV is in compliance with applicable 
emission standards. In addition, section 210.8(b) exempts ILEVs from 
TCM restrictions that primarily depend on a non-temporal element, such 
as HOV restrictions. These TCM exemptions are consistent with those 
provided for in 40 CFR 88.307-94 and 40 CFR 88.313-93.

V. Action

    EPA is proposing conditional approval of New York's heavy duty CFFP 
SIP regulation as fulfilling requirements under the Clean Air Act. If 
the conditions are not met as required by the Clean Air Act, such 
conditional approval converts to a disapproval. If the State meets its 
commitments before EPA takes final action on this notice of proposed 
rulemaking, EPA will fully approve the SIP revision as meeting the 
requirements of the Clean Air Act without further notice.

Conclusion

    EPA has reviewed the New York heavy duty CFFP regulation, submitted 
to the EPA as described above. EPA proposes to find that the State's 
regulation represents an acceptable approach to the heavy duty CFFP 
requirements and that it meets all the

[[Page 49289]]

criteria required for approvability provided the State meets the 
conditions described herein. EPA will evaluate all comments received on 
this action and the Interim Final Determination action. Assuming no 
substantial changes are made other than those areas cited in this 
document when New York adopts and formally submits its heavy duty CFFP 
to EPA and EPA receives no substantive negative comments, EPA will 
publish a final rulemaking approving or conditionally approving the 
CFFP regulation which will remove the need to impose sanctions on the 
State regarding this Clean Air Act requirement at this time.
    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.

Administrative Requirements

Executive Order 12866

    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.

Regulatory Flexibility Act

    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.
    SIP approvals under sections 110 and 301, and subchapter I, part D 
of the Clean Air Act 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, 
I certify that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the Federal-State 
relationship under the Clean Air Act, preparation of a flexibility 
analysis would constitute federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

Unfunded Mandates

    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 rule that includes a federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to 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 does not 
include a federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This federal action approves 
pre-existing requirements under State or local law, and imposes no new 
federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.
    The Administrator's decision to approve or disapprove the SIP 
revision will be based on whether it meets the requirements of section 
110(a)(2)(A)-(K) and part D of the Clean Air Act, as amended, and EPA 
regulations in 40 CFR Part 51.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: August 29, 1996.
Jeanne M. Fox,
Regional Administrator.
[FR Doc. 96-23818 Filed 9-18-96; 8:45 am]
BILLING CODE 6560-50-P