[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Proposed Rules]
[Pages 31394-31398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14853]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WA 13-6-6121; WA 55-7130; and WA 57-7132; FRL-5837-2]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA invites public comment on its proposed approval of parts 
of three revisions to the State of Washington Implementation Plan 
(SIP). These revisions were submitted by the Washington Department of 
Ecology (Washington) to address the attainment of the National Ambient 
Air Quality Standard (NAAQS) for carbon monoxide (CO) in the Spokane, 
Washington urbanized area.

DATES: Comments must be received in writing and postmarked on or before 
July 9, 1997.

ADDRESSES: Written comments should be addressed to Montel Livingston, 
SIP Manager, Office of Air Quality, M/S OAQ-107, EPA Region 10, Docket 
#s WA 13-6-6121; WA 57-7132; and WA 55-7130, 1200 Sixth Avenue, 
Seattle, Washington 98101. Copies of Washington's submittals are 
available for public review during normal business hours at the 
following locations: EPA, Region 10, Office of Air Quality, M/S OAQ-
107, 1200 Sixth Avenue, Seattle, Washington 98101; Washington 
Department of Ecology, Attention: Tami Dahlgren, Olympia, Washington 
98504-7600, telephone (360) 407-6830; and the Spokane County Air 
Pollution Control Authority, West 1101 College, Suite 403, Spokane, 
Washington 99201, telephone (509) 456-4727.

FOR FURTHER INFORMATION CONTACT: William M. Hedgebeth of the EPA Region 
10 Office of Air Quality at (206) 553-7369.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 22, 1993, Washington submitted a SIP revision (Docket # 
WA 13-6-6121) consisting of a plan for the attainment and subsequent 
maintenance of the CO NAAQS for the Spokane area. This included a 
demonstration of attainment of the CO NAAQS and provisions for 
forecasting and tracking vehicle miles traveled (VMT) in the Spokane 
area, with contingency measures to be implemented if any estimate of 
actual VMT in the nonattainment area, or any updated forecast of VMT 
contained in an annual report for any year prior to attainment, exceeds 
the number predicted in the most recent VMT forecast. Also included 
were provisions which have been superseded by subsequent SIP revisions: 
Reasonably Available Control Measures for residential wood combustion; 
Reasonably Available Control Technology for point sources; New Source 
Review; Vehicle Emission Inspection and Maintenance Program; oxygenated 
fuels; and transportation conformity. On September 14, 1993, Washington 
submitted a revision to the January 22, 1993, SIP submittal consisting 
of the 1990 base year emissions inventory and the 1995 projected year 
emissions inventory. Washington also submitted, on September 29, 1995, 
a 1993 updated (periodic) emissions inventory for the Spokane area, to 
meet the requirement of section 187(a)(5) of the CAA for periodic 
inventories.
    On April 30, 1996, Washington submitted a SIP revision (Docket # WA 
57-7132) consisting of revisions to the previously submitted vehicle 
emission estimates portion of the 1990 base year emissions inventory 
and of the 1995 projected year inventory; the emissions budget; VMT 
estimates and forecasts; and the attainment demonstration. This 
revision also added a contingency measure (3.5% oxygenated fuel) for 
failure to attain the NAAQS.
    On April 30, 1996, Washington also submitted a SIP revision (Docket 
# WA 55-7130) consisting of the removal of two transportation control 
measures (TCMs) which had previously been approved by EPA on March 22, 
1982, as part of the 1982 Spokane CO SIP.
    The implementation plan revisions were submitted by Washington to 
satisfy certain federal requirements for an approvable nonattainment 
area CO SIP for the Spokane nonattainment area in the State of 
Washington. EPA is proposing to approve parts of the submitted 
revisions and deferring action on several other parts of those 
revisions. Other parts are not being addressed in this action because 
they have been superseded by subsequent revisions and were or will be 
addressed in separate actions. The rationales for the approvals and 
deferrals of action are set forth in this notice. Additional 
information is available at the address indicated above.

II. Review of State Submittal

A. Emissions Inventories (Base Year and Periodic)

    Under section 187(a)(1) of the CAA, for moderate CO nonattainment 
areas, states are required to submit a base year CO inventory that 
represents actual emissions in the CO season by November 15, 1992. 
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. The base year for the inventory is 1990. Stationary 
point, stationary area, on-road mobile, and non-road mobile sources of 
CO are included in the inventory. This inventory addresses actual CO 
emissions for the area during the peak CO season, which reflects the 
months when peak CO air quality concentrations occur. In Spokane, the 
peak CO season is October through December. All required sources were 
included in the inventory. Stationary sources with emissions of 50 tons 
or greater per year were included in the point source category. 
Stationary sources with emissions less than 50 tons per year were 
included in the area source category. The following list presents a 
summary of the 1990 CO peak season daily emissions estimates in tons 
per winter day by source category: Point Sources: 76.98 tons per day; 
Area Sources: 58.69 tons per day; Mobile On-Road Sources: 271.54 tons 
per day; Mobile Non-Road Sources: 16.18 tons per day; Total Sources: 
423.39 tons per day. Available guidance for preparing emission 
inventories is provided in the General Preamble (57 FR 13498, April 16, 
1992).
    Washington also submitted a 1995 Projected Year Emission Inventory. 
This inventory incorporates growth factors for population, households, 
and employments. For one of the point sources, the 1995 inventory used 
the 1990 emission figure, although a decrease in emissions had been 
estimated for 1995. For another of the point sources, emissions from 
1991 were used, adjusted to 1995 using Bureau of Economic Analysis 
industry growth rates. For residential wood combustion, a household 
growth factor

[[Page 31395]]

was applied to the 1990 emissions. The primary change in estimating on-
road vehicle emissions for 1995 the use of EPA's newest MOBILE 
emissions model, which estimated significantly increased CO emissions. 
In addition, there was an adjustment for a change in the inspection and 
maintenance area, which now includes the entire nonattainment area. The 
following list presents a summary of the 1995 CO peak season daily 
emissions estimates in tons per winter day by source category: Point 
Sources: 77.41 tons per day; Area Sources: 60.83 tons per day; Mobile 
On-Road Sources: 169.34 tons per day; Mobile Non-Road Sources: 17.87 
tons per day; Total Sources: 325.45 tons per day.
    Section 187(a)(5) of the CAA requires that states submit, for 
moderate CO nonattainment areas, periodic inventories that represent 
actual emissions; the first periodic inventory was due no later than 
September 30, 1995, with subsequent periodic inventories submitted 
every three years thereafter until the area is redesignated to 
attainment. The first periodic inventory (1993) was submitted by 
Washington on September 29, 1995.
    The following chart compares CO season daily emissions for 1990 and 
1995:

                             Daily Emissions                            
                            (Pounds Per Day)                            
------------------------------------------------------------------------
                Category                  Base Year 1990       1995     
------------------------------------------------------------------------
Point Sources...........................   153,954 (18%)   154,824 (24%)
Area Sources............................   117,376 (14%)   121,651 (19%)
On-road Mobile Sources..................   543,087 (64%)   338,680 (52%)
Non-road Mobile Sources.................     32,371 (4%)     35,749 (5%)
                                         -------------------------------
    Total...............................         846,788         650,904
------------------------------------------------------------------------

    EPA is proposing to approve the 1990 Base Year emissions inventory 
as meeting the requirements of section 187(a)(1) of the CAA. EPA is 
also proposing to approve the 1993 periodic emissions inventory as 
meeting the requirements of section 187(a)(5) of the CAA. Washington 
has provided acceptable documentation of quality assurance and has 
clearly identified the methodologies used in determining the emissions 
for each source category. References from which emissions and growth 
factors were derived were clearly identified. A more complete analysis 
supporting EPA's approval of the 1990 and 1993 emissions inventories is 
included in the Technical Support Document.

B. VMT/VMT Contingency Measures

    Section 187(a)(2)(A) of the CAA required EPA, in consultation with 
the U.S. Department of Transportation (DOT), to develop guidance for 
states to use in complying with the VMT forecasting and tracking 
provisions of section 187. A Notice of Availability for the resulting 
Section 187 VMT Forecasting and Tracking Guidance was published in the 
Federal Register on March 19, 1992 (57 FR 9549).
    The section 187 guidance identifies the Federal Highway 
Administration's Highway Performance Monitoring System (HPMS) as the 
foundation for VMT estimates and forecasts. HPMS was chosen as the best 
method for estimating actual VMT since it is a count-based, 
statistically-based, nationwide program with auditing procedures in 
place, and because travel demand models would require resource 
intensive annual updates of input data and annual validation against 
traffic counts in order to be useful for estimating annual VMT. EPA 
believes that these time and resource requirements generally make 
travel demand models an unrealistic option for estimating actual annual 
VMT with reasonable accuracy.
    To develop growth factors for forecasting VMT, the section 187 
guidance offers as one alternative the use of network-based travel 
demand models. If these models are properly updated and validated, and 
if they use an equilibrium approach to allocating trips, they are 
considered to be the best predictor of growth factors for VMT 
forecasts. Moderate areas without a network model that is validated 
according to the specifications described in the Section 187 Guidance 
are offered the alternative of developing growth factors based on a 
linear regression extrapolation of the past six years' HPMS VMT. In 
both cases, the growth factors are applied to the HPMS VMT reported to 
the Federal Highway Administration.
    As specified in the Act, the contingency measure triggers serve to 
address as early as possible any situation in which a trend towards 
higher then expected VMT has been detected, since such a trend may 
affect the forecasted attainment date.
    When determining whether annual VMT or a VMT forecast has exceeded 
the most recent prior forecast and, therefore, whether contingency 
measures should be implemented, EPA believes that it is appropriate to 
take into account the statistical variability in the estimates of VMT 
generated through HPMS. Consequently, EPA has identified a margin of 
error to be applied when making VMT comparisons. With the expectation 
that HPMS sampling procedures will improve over the next few years in 
response to recent Federal Highway Administration guidance, the margin 
of error starts at 5.0 percent for VMT comparisons made in 1994, 
becomes 4.0 percent for VMT comparisons made in 1995, and is reduced to 
3.0 percent for VMT comparisons made in 1996 and thereafter. However, 
since each revised VMT forecast becomes the VMT baseline for triggering 
contingency measures, the application of a margin of error every year 
could allow the forecasts to increase without bound, without ever 
triggering contingencies. To prevent this occurrence, EPA believes it 
is appropriate to allow the application of the margin of error only as 
long as, cumulatively, neither an estimate of actual VMT nor a VMT 
forecast ever exceeds by more than 5.0 percent the VMT forecast relied 
upon in the area's attainment demonstration.
    In practice, then, there are two ways in which an estimate of 
actual VMT or an updated forecast can be found to exceed a prior 
forecast. Individual yearly comparisons can result in an exceedance of 
the forecast made 12 months earlier by more than the prescribed 
percentage for that year, and exceedances can accumulate so that, 
cumulatively, they exceed the 5.0

[[Page 31396]]

percent cap above the attainment demonstration forecast.
    EPA interprets the requirement for contingency measures to ``take 
effect without further action by the State or the Administrator'' to 
mean that no further rulemaking activities by the State or EPA would be 
needed to implement the measures. The General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990, 
published in the Federal Register on April 16, 1992, offers guidance on 
the type and size of contingencies to be included in the SIP revision. 
This guidance is advisory in nature and is non-binding. (See 57 FR 
13532-13533, April 16, 1992.)
    The State of Washington has submitted a SIP revision to EPA in 
order to satisfy the requirements of sections 187(a)(2)(A) and 
187(a)(3). Washington's submittal provides for each of the following 
mandatory elements: (1) A forecast of VMT in the nonattainment area for 
each year prior to the attainment year; (2) a provision for annual 
updates of the forecasts along with a provision for annual reports 
describing the extent to which the forecasts proved to be accurate; 
these reports shall provide estimates of actual VMT in each year for 
which a forecast was required; and (3) adopted and enforceable 
contingency measures to be implemented without further action by the 
State or the Administrator if actual annual VMT or an updated forecast 
exceeds the most recent prior forecast or if the area fails to attain 
the CO NAAQS by the attainment date.
    The following items are the basis for approval of the portions of 
the SIP revisions addressing VMT:
1. VMT Forecasts
    In Spokane, the Federal Aid Urban Area is identical to the CO 
nonattainment area and is the VMT forecast area. The Spokane Regional 
Council (SRC) developed daily VMT forecasts for the area using a 
network-based travel demand modeling process methodology. Washington 
has met the requirements of sections 187(a)(2)(A) by submitting a SIP 
revision that implements all required elements.
    Below is a table showing the forecasted VMT for Spokane:

                    Annual VMT Forecasts for Spokane                    
------------------------------------------------------------------------
                                                           Spokane Co.  
                                                          nonattainment 
                   VMT forecast year                      area  (miles  
                                                            traveled)   
------------------------------------------------------------------------
1990 Actual...........................................     2,085,203,390
1993..................................................     2,286,713,685
1994..................................................     2,317,581,370
1995..................................................     2,376,606,980
------------------------------------------------------------------------

2. Annual VMT Updates/Reports
    Section 187(a)(2)(A) specifies that the SIP revision provide for 
annual updates of the VMT forecasts and annual reports that describe 
the accuracy of the forecasts and that provide estimates of actual VMT 
in each year for which a forecast was required. The Section 187 VMT 
Forecasting and Tracking Guidance specifies that annual reports should 
be submitted to EPA by September 30 of the year following the year for 
which the VMT estimate is made.
    Washington has submitted a SIP revision to EPA which satisfies the 
requirements of section 187(a)(2)(A) in that it provides for the 
submittal of annual updates of the VMT forecasts along with a provision 
for annual reports describing the extent to which the forecasts proved 
to be accurate.
3. VMT Contingency Measures
    Section 187(a)(3) specifies that Washington, in its SIP revision, 
adopt specific, enforceable contingency measures to be implemented if 
the annual estimate of actual VMT or a subsequent VMT forecast exceeds 
the most recent prior forecast of VMT or if the area fails to attain 
the CO NAAQS by the attainment date. Implementation of the identified 
contingency measures must not require further rulemaking activities by 
Washington or EPA. Washington meets this requirement by submitting two 
contingency measures. Those measures used by Washington to satisfy the 
VMT contingency measure requirement are: (1) Commute Trip Reduction 
programs, as put forth in SSHB 1671, Washington State's Transportation 
Demand Management Act; and (2) A campaign for voluntary reductions in 
vehicle operation during periods of poor air quality.
    At this time, EPA is proposing to approve the SIP revision 
submitted by Washington for the purpose of forecasting and tracking VMT 
in the Spokane area. This approval would include the revisions to the 
VMT estimates and forecasts provided in the April 30, 1996, SIP 
submittal, and would also include the VMT contingency measures.

C. Contingency Measures (3.5 Percent Oxygenated Fuel)

    States containing CO nonattainment areas with design values of 
greater than 12.7 ppm were required to submit, among other things, 
contingency measures to satisfy the provisions under section 172(c)(9). 
These provisions require contingency measures to be implemented in the 
event that an area fails to reach attainment by the applicable 
attainment date, December 31, 1995. Contingency measures were to be 
submitted to EPA by November 31, 1992, pursuant to section 172(b) of 
the CAA.
    Contingency measures must be implemented within 12 months after the 
finding of failure to attain the CO NAAQS. Once triggered, they must 
take effect without further action by the state or EPA. Therefore, all 
contingency measures must be adopted and enforceable prior to submittal 
to EPA.
    The Clean Air Act Amendments of 1990 (CAAA) do not specify how many 
contingency measures are needed or the magnitude of emission reductions 
they must provide if an area fails to attain the CO NAAQS. Because 
section 186(b)(2) requires EPA to reclassify a moderate CO 
nonattainment area as a serious nonattainment area if the area does not 
attain the NAAQS for CO by December 31, 1995, EPA believes that one 
appropriate choice of contingency measures would be to provide for the 
implementation of sufficient VMT reductions or emissions reductions to 
counteract the effect of one year's growth in VMT while the state 
revises its SIP to incorporate all of the new requirements of a serious 
CO area.
    The State of Washington has submitted a SIP revision to EPA in 
order to satisfy the requirements of section 172(c)(9) of the CAA. The 
contingency measure consists of revising the oxygenate requirement for 
the Spokane area to 3.5 percent oxygen for future control periods in 
the case of failure to attain or maintain NAAQS for CO. The control 
period is defined as September 1 through the last day of February.
    Because it has not been determined that the Spokane CO 
nonattainment area attained the CO NAAQS by December 31, 1995, the 
Spokane County Air Pollution Control Authority (SCAPCA) implemented the 
3.5 percent oxygen contingency measure for the 1996-1997 winter control 
period, commencing on September 1, 1996. It is important to note that 
EPA has proposed to determine that the Spokane CO nonattainment area 
did not attain the CO NAAQS by December 31, 1995, as required, and to 
reclassify the Spokane

[[Page 31397]]

CO nonattainment area as a ``serious'' nonattainment area. See 61 FR 
33879, July 1, 1996.
    At this time, EPA is proposing to approve the contingency measure 
as satisfying the requirements of section 172(c)(9), and as consistent 
with EPA guidance.

D. Transportation Control Measures (TCM) Deletions

    EPA approved two TCMs as part of a SIP revision on March 22, 1982. 
One of the TCMs consisted of widening Rowan Avenue in Spokane to 44 
feet from Alberta to Wall Streets, a total distance of 1.27 miles; the 
TCM also included the installation of traffic lights along Rowan 
Avenue. The second TCM consisted of constructing North River Drive in 
Spokane from Maple to Hamilton, a distance of 1.91 miles.
    EPA, in its November 24, 1993, Final Rule on Transportation 
Conformity, stated that ``if obstacles to TCM implementation are not 
being overcome because it is impossible to do so, if State and local 
agencies are not giving maximum priority to TCMs which are behind 
schedule, or if the original sponsor or the cooperative planning 
process decides not to implement the TCM or decides to replace it with 
another TCM, a SIP revision which removes the TCM will be necessary 
before plans and TIPS may be found in conformity. In order to be 
approved by EPA, such a SIP revision must include substitute measures 
that achieve emissions reductions sufficient to meet all applicable 
requirements of the Clean Air Act, including section 110(l).'' See 58 
FR 62198, November 24, 1993.
    Washington has submitted documentation that a Spokane Regional 
Transportation Council analysis showed that, at the present time, the 
Rowan Avenue TCM would have, at best, neutral air-quality impacts and 
that the North River Drive TCM would have definite negative impacts. In 
addition, neither TCM will be used to demonstrate attainment. 
Therefore, no substitute measures are required.
    At this time, EPA is proposing to approve the deletion of the two 
transportation control measures discussed herein.

E. Attainment Demonstration

    The air quality planning requirements for moderate CO nonattainment 
areas set out in sections 186 and 187 of the CAAA include, for moderate 
areas with a design value greater than 12.7 ppm at the time of 
classification, a requirement for states to submit a SIP revision to 
provide for attainment of the CO NAAQS by the applicable attainment 
date and which includes a demonstration that the plan as revised will 
provide for such attainment. Washington submitted an Attainment 
Demonstration as part of its January 22, 1993, SIP revision, and 
revised the Attainment Demonstration in a submittal dated April 30, 
1996. EPA proposed, on July 1, 1996 (61 FR 33879), to find that the 
Spokane, Washington, CO nonattainment area did not attain the CO NAAQS 
by the CAA mandated attainment date for moderate nonattainment areas, 
December 31, 1995, to reclassify the Spokane CO nonattainment area as a 
serious nonattainment area. EPA has not made a final determination as 
to this reclassification and is deferring action on approval of the 
attainment demonstration pending this decision.

F. Emissions Budget

    For federal transportation conformity purposes, Washington 
submitted, as part of its April 30, 1996, SIP revision, an emission 
budget, the projected mobile source inventory (1995) used in the 
attainment demonstration. Because attainment has not been demonstrated 
(see discussion in (E) above), EPA is deferring action on the emission 
budget.

G. Reasonably Available Control Measures (RACM)/Reasonably Available 
Control Technology (RACT)

    The January 22, 1993, SIP revision relating to RACM in Spokane was 
superseded by a revision submitted on December 9, 1994. This revision 
was approved by EPA on January 27, 1997. See 62 FR 3800. Satisfaction 
of the RACT requirements was acknowledged by EPA in 62 FR 3800, as well 
as having been approved earlier in the redesignation to attainment of 
the Puget Sound and Vancouver CO nonattainment areas. See 61 FR 53323, 
October 11, 1996, and 61 FR 54560. October 21, 1996.

H. New Source Review

    The January 22, 1993, SIP revision relating to New Source Review 
was superseded by a revision submitted on March 8, 1994. This revision 
was approved by EPA on June 2, 1995. See 60 FR 28726.

I. Vehicle Emission Inspection and Maintenance Program

    The January 22, 1993, SIP revision relating to the Vehicle Emission 
Inspection and Maintenance Program was superseded by a revision 
submitted on August 21, 1995. This revision was approved by EPA on 
September 25, 1996. See 61 FR 50235.

J. Oxygenated Fuels

    The January 22, 1993, SIP revision relating to oxygenated fuels was 
approved by EPA on January 20, 1994. See 59 FR 2994.

K. Transportation Conformity

    The January 22, 1993, SIP revision relating to transportation 
conformity was superseded by a revision submitted on May 10, 1994, 
which was further revised by a submittal dated November 30, 1995. EPA 
will act on this submittal separately from this action.

III. This Action

    EPA is soliciting comments on its proposed approval of portions of 
the aforementioned revisions to the State of Washington Implementation 
Plan. Interested parties are invited to comment on all aspects of this 
proposed approval. Comments should be submitted to the address listed 
in the front of this Notice. Comments postmarked on or before July 9, 
1997 will be considered in the final rulemaking action taken by EPA.

IV. Administrative Review

A. 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.

B. 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 section 110 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, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the

[[Page 31398]]

nature of the federal-state relationship under the CAA, preparation of 
a flexibility analysis would constitute federal inquiry into the 
economic reasonableness of state action. The CAA 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).

C. 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 
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 for 
promulgation 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 proposes to approve pre-existing requirements under 
state or local law, and does not propose to impose new federal 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, would result from this 
action, if approved.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a major rule as defined by 5 U.S.C. 
804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 8, 1997. 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, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Ozone.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: May 27, 1997.
Chuck Clarke,
Regional Administrator.
[FR Doc. 97-14853 Filed 6-6-97; 8:45 am]
BILLING CODE 6560-50-P