[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Proposed Rules]
[Pages 64329-64334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31915]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-189-0059; FRL-5932-3]


Approval and Promulgation of State Implementation Plans; 
California; South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a state implementation plan (SIP) 
revision submitted by the State of California to provide for attainment 
of the carbon monoxide (CO) national ambient air quality standards 
(NAAQS) in the Los Angeles-South Coast Air Basin Area (South Coast). 
EPA is proposing to approve the SIP revision under provisions of the 
Clean Air Act (CAA) regarding EPA action on SIP submittals, SIPs for 
national primary and secondary ambient air quality standards, and plan 
requirements for nonattainment areas. The demonstration of attainment 
in the SIP depends, in part, upon reductions from an enhanced 
inspection and maintenance (I/M) program for motor vehicles. Since EPA 
has previously granted interim approval to the California I/M program, 
the Agency is proposing interim approval of the CO attainment 
demonstration portion of the plan.

DATES: Written comments on this proposal must be received by January 5, 
1998.

ADDRESSES: Comments should be addressed to the EPA contact below.
    The rulemaking docket for this notice, Docket No. 97-17, may be 
inspected and copied at the following location during normal business 
hours. A reasonable fee may be charged for copying parts of the docket. 
Environmental Protection Agency, Region 9, Air Division, Air Planning 
Office, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    Copies of the SIP materials are also available for inspection at 
the addresses listed below:

California Air Resources Board, 2020 L Street, Sacramento, California
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, California

FOR FURTHER INFORMATION CONTACT: Dave Jesson (415) 744-1288, Air 
Planning Office (AIR-2), Air Division, U.S. EPA, Region 9, 75 Hawthorne 
Street, San Francisco, California, 94105-3901.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Carbon Monoxide Problem

    Carbon monoxide is a colorless, odorless gas emitted in combustion 
processes. In the South Coast, like most urban areas, CO comes 
primarily from tailpipe emissions of cars and trucks. 1 
Exposure to elevated CO levels is associated with impairment of visual 
perception, work capacity, manual dexterity, and learning ability, and 
with illness and death for those who already suffer from cardiovascular 
disease, particularly angina or peripheral vascular disease.
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    \1\  In the 1990 base year planning (winter) inventory for the 
South Coast, onroad vehicles accounted for approximately 80 percent 
of CO emissions, while nonroad engines and stationary sources 
contributed roughly 18 and 2 percent, respectively. Despite 
continued growth in vehicle use, the percent of CO emissions from 
onroad vehicles is predicted to decline to about 50 percent by the 
year 2010, as a result of the cleaner motor vehicles mandated by the 
California low-emission vehicle program.
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    Under section 109 of the CAA, EPA has established primary, health-
related NAAQS for CO: 9 parts per million (ppm) averaged over an 8-hour 
period, and 35 ppm averaged over 1 hour. Attainment of the 8-hour CO 
NAAQS is achieved if not more than one non-overlapping 8-hour average 
in any consecutive 2-year period per monitoring site exceeds 9 ppm 
(values below 9.5 are rounded down to 9.0 and are not considered 
exceedances).
    The South Coast has continuously achieved the 1-hour NAAQS for the 
past 6 years. For this reason, the South Coast SIP and this action 
address primarily the 8-hour NAAQS. In 1995, the South Central Los 
Angeles County area recorded 13 exceedances of the 8-hour NAAQS, the 
largest number of CO exceedances within the SCAB and, in fact, within 
the country. Most of the CO exceedances in the SCAB occur during the 
months of January, November, and December, with peak concentrations 
typically around 7 a.m. and 10 p.m.

B. Clean Air Act Requirements

    The Federal CAA was substantially amended in 1990 to establish new 
planning requirements and attainment deadlines for the NAAQS. Under 
section 107(d)(1)(C) of the Act, areas designated nonattainment prior 
to enactment of the 1990 amendments, including the South Coast, were 
designated nonattainment by operation of law.2 Under section 
186(a) of the Act,

[[Page 64330]]

each CO area designated nonattainment under section 107(d) was also 
classified by operation of law as either moderate or serious, depending 
on the severity of the area's air quality problem. CO areas with design 
values at and above 16.5 ppm, such as the South Coast, were classified 
as serious.
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    \2\ For a description of the boundaries of the Los Angeles-South 
Coast Air Basin, see 40 CFR 81.305. The nonattainment area includes 
all of Orange County and the more populated portions of Los Angeles, 
San Bernardino, and Riverside Counties.
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    Section 172 of the Act contains general requirements applicable to 
SIPs for nonattainment areas. Sections 186 and 187 of the Act set out 
additional air quality planning requirements for CO nonattainment 
areas.
    The most fundamental of these provisions is the requirement that CO 
nonattainment areas submit by November 15, 1992, a SIP demonstrating 
attainment of the NAAQS as expeditiously as practicable but no later 
than the deadline applicable to the area's classification: December 31, 
1995, for moderate areas, and December 31, 2000, for serious areas like 
the South Coast. CAA sections 186(a)(1), 187(a)(7), and 187(b)(1). Such 
a demonstration must provide enforceable measures to achieve emission 
reductions each year leading to emissions at or below the level 
predicted to result in attainment of the NAAQS throughout the 
nonattainment area.
    EPA has issued a ``General Preamble'' describing the Agency's 
preliminary views on how EPA intends to act on SIPs submitted under 
Title I of the Act. See generally 57 FR 13498 (April 16, 1992) and 57 
FR 18070 (April 28, 1992). The reader should refer to the General 
Preamble for a more detailed discussion of EPA's preliminary 
interpretations of Title I requirements. In this proposed rulemaking 
action, EPA is applying these policies to the South Coast CO SIP 
submittal, taking into consideration the specific factual issues 
presented.

C. EPA Actions on Prior South Coast CO SIP Revisions

    The South Coast Air Quality Management District (SCAQMD) adopted a 
CO plan on November 6, 1992. This plan was forwarded to the California 
Air Resources Board (CARB), which submitted the plan as a proposed 
revision to the California SIP on December 31, 1992. On April 29, 1993, 
CARB submitted a letter correcting certain adoption and implementation 
dates for measures under CARB's jurisdiction. On May 5, 1994, EPA 
proposed to approve in part and disapprove in part the SIP submittal 
(59 FR 23264). The proposed disapprovals derived from the State's 
failure, at the time, to adopt and submit regulations for an enhanced 
I/M program, since progress and attainment under the South Coast CO 
plan depended, to a large extent, on this program.
    On December 28, 1994, CARB amended and submitted the South Coast 
Carbon Monoxide Attainment Plan (Revised), adopted by the SCAQMD on 
September 9, 1994. The 1994 CO plan provided technical amendments to 
the 1992 submittal and wholly superseded it.
    On February 14, 1995, the Administrator signed final and direct 
final partial approval and partial disapproval of the revised South 
Coast CO plan, as part of a notice promulgating Federal Implementation 
Plans (FIPs) for California, including a CO FIP for the South Coast. 
Again, the disapproval actions were the result of the plan's dependence 
upon reductions from an enhanced I/M program, which had not yet been 
adopted.
    On April 10, 1995, legislation was enacted mandating that the 
California FIPs ``shall be rescinded and shall have no further force 
and effect'' (Pub. L. 104-6, Defense Supplemental Appropriation, H.R. 
889). At the time of enactment of this legislation, the FIP and SIP 
actions had not yet been published in the Federal Register.3 
Because the State was in the process of adopting legislation and 
regulations for an enhanced I/M program and developing a revised CO 
attainment plan, EPA did not reissue the South Coast CO SIP partial 
approval and partial disapproval actions. For this reason, the Agency's 
direct final approval and disapproval action did not become effective. 
As part of today's action, EPA is proposing to rescind the 1995 
approval and disapproval actions taken on the 1994 CO SIP submittal.
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    \3\ On August 21, 1995 (60 FR 43468), EPA issued a notice of 
Congressional action rescinding the California FIP and also 
published notices relating to many of the SIP approvals included 
with the final FIP.
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    On January 22, 1996, CARB submitted regulations adopted by the 
California Bureau of Automotive Repair for the implementation of an 
enhanced I/M program. California's program mandates loaded mode testing 
of all vehicles, with the majority of vehicles to be tested at test-
and-repair facilities.
    On March 18, 1996 (61 FR 10920), EPA proposed to grant interim 
approval to the enhanced I/M program and regulations, as meeting the 
high enhanced performance standard requirements of 40 CFR Part 51, 
Subpart S, as amended, and section 348(c) of the National Highway 
System Designation Act (``the Highway Act,'' Public Law 104-59, enacted 
on November 28, 1995). The Highway Act provides for approval of 
decentralized or test-and-repair programs for the full credit proposed 
by the state if the proposed credits reflect a good faith estimate and 
the program otherwise complies with the CAA. The approval remains 
effective for up to 18 months after the date of final rulemaking. After 
the 18-month period, permanent approval of the program is granted if 
the data collected on operation of the program demonstrates that the 
credits are appropriate. In order to ensure that at least 6 months of 
operational data can be collected to evaluate program performance, EPA 
requires program start-up no later than 12 months after the effective 
date of approval.
    On January 8, 1997 (62 FR 1160), EPA finalized the interim approval 
of California's enhanced I/M program, effective February 7, 1997. This 
action set February 9, 1998, as the deadline for program start-up. The 
approval expires on August 7, 1998, or earlier if by such date the 
State has submitted as a SIP revision the required demonstration that 
the credits claimed for the program are appropriate and that the 
program is otherwise in compliance with the CAA, and EPA takes final 
action approving the revision.
    EPA's final interim approval of California's enhanced I/M program 
also granted interim approval to the State's submittal as meeting the 
requirements of section 187(a)(6) of the Act for enhanced I/M for the 
South Coast. Section 187(a)(6) requires CO nonattainment areas with a 
design value greater than 12.7 ppm to implement enhanced I/M programs 
in the urbanized portion of the nonattainment area, as defined by the 
Bureau of Census, with 1980 populations of 200,000 or more.
    On February 5, 1997, CARB submitted as a revision to the California 
SIP the 1997 Air Quality Management Plan for the South Coast Air Basin 
(SCAB), Antelope Valley, and Coachella Valley, adopted by the SCAQMD on 
November 15, 1996. This submittal, which included the South Coast 
Carbon Monoxide Attainment Plan (Revised), was found to be complete on 
April 1, 1997, with respect to portions of the AQMP relating to CO and 
nitrogen dioxide SIP requirements.4 This 1997 CO plan 
supersedes all prior submittals.
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    \4\ EPA adopted the completeness criteria on February 16, 1990 
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA, 
revised the criteria on August 26, 1991 (56 FR 42216).
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    This 1997 CO plan provides, among other things, a revised CO 
attainment demonstration based on updated vehicle

[[Page 64331]]

miles traveled (VMT) projections reflecting new forecasts prepared by 
the Southern California Association of Governments (SCAG), an amended 
Regional Mobility Element adopted by SCAG, revised motor vehicle 
emissions modeling, new emissions inventories, amended control 
measures, and updated areawide Urban Airshed Modeling (UAM) and hotspot 
(CAL3QHC) air quality modeling analyses using the updated inventories 
and improvements to other modeling inputs.

II. EPA Action

A. Summary of Proposed Action

    In this document, EPA is proposing to approve the 1997 CO plan, 
with respect to the CAA requirements for notice and adoption, baseline 
and projected emissions inventory, and VMT forecasts. EPA proposes to 
grant interim approval to the CO attainment demonstration, quantitative 
milestones, and reasonable further progress. Along with EPA's prior 
interim approval of California's enhanced I/M program under section 
187(a)(6) of the CAA and section 348(c) of the Highway Act, these 
interim approvals expire on August 7, 1998, or earlier if by such date 
California submits the required demonstration that the CO credits are 
appropriate.
    As noted above, EPA is also proposing to rescind the Agency's 
partial approval and partial disapproval of the 1994 CO SIP submittal, 
taken on February 14, 1995.

B. Procedural Requirements

    Both the SCAQMD and CARB have satisfied applicable statutory and 
regulatory requirements for reasonable public notice and hearing prior 
to adoption of the plan and each of the plan amendments. The SCAQMD 
conducted numerous public workshops and public hearings prior to the 
adoption hearing on November 15, 1996, at which the 1997 AQMP was 
adopted by the Governing Board of the SCAQMD (Resolution No. 96-23). On 
January 23, 1997, the Governing Board of CARB adopted the plan 
(Resolution No. 97-1). The plan was submitted to EPA by Michael P. 
Kenny, Executive Officer of CARB, on February 5, 1997. The SIP 
submittal includes proof of publication for notices of SCAQMD and CARB 
public hearings, as evidence that all hearings were properly noticed. 
Therefore, EPA proposes to approve the 1997 CO plan as meeting the 
procedural requirements of section 110(a)(1) of the CAA.

C. Baseline and Projected Emissions Inventory

    The revised and updated emissions inventory included in the 1997 CO 
plan is consistent with EPA's guidance documents.5 This EPA 
guidance allows approval of California's motor vehicle emissions 
factors in place of the corresponding federal emissions factors. The 
motor vehicle emissions factors used in the plan were generated by the 
CARB EMFAC7G and BURDEN7G program. The gridded CO inventory for motor 
vehicles was then produced using an updated Caltrans Direct Travel 
Impact Model (DTIM2) (Systems Applications International, 1994) to 
combine EMFAC7G data with transportation modeling performed by SCAG.
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    \5\ See, for example, Emission Inventory Requirements for Carbon 
Monoxide State Implementation Plans, EPA--450/4-91-011; Procedures 
for the Preparation of Emission Inventories for Carbon Monoxide and 
Precursors of Ozone, Volume I: General Guidance for Stationary 
Sources, EPA--450/4-91-016; Procedures for Emission Inventory 
Preparation, Volume IV: Mobile Sources, EPA--450/4-91-026d Revised.
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    SCAG provided the baseline socioeconomic data used in the plan. 
These forecasts include the following predicted growth through the CO 
attainment year.

                                   1997 AQMP Baseline Socioeconomic Forecasts                                   
                                                  [In millions]                                                 
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                            Category                                   1993            2000          % growth   
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Population......................................................            13.8            14.8               7
Daily Vehicle Miles Traveled....................................           293.3           317.9               8
Daily Vehicle Trips.............................................            31.2            33.2               6
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    EPA notes that these predictions assume that the key categories of 
VMT and daily trip levels will increase at growth rates considerably 
below long-term historic trends. This makes it particularly important 
for transportation agencies to track actual VMT and trip numbers 
carefully, and to trigger remedial actions, if necessary, before the 
plan fails to meet scheduled reduction targets.
    The planning emissions inventory from the 1997 CO plan is 
summarized in the table below, ``Carbon Monoxide Emissions by Major 
Source Category,'' from Table 5-3 in Appendix V of the 1997 AQMP.

                               Carbon Monoxide Emissions by Major Source Category                               
                                                [In tons per day]                                               
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                         Source category                               1993            1995            2000     
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Stationary Sources..............................................             127             170             297
Onroad Vehicles.................................................            5908            5381            3298
Other Mobile....................................................            1538            1637            1550
                                                                 -----------------------------------------------
    Total.......................................................            7573            7188            5145
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    The sharp decline in baseline emissions from onroad vehicles and, 
consequently, the decrease in total CO emissions, from 1993-2000 is 
attributed to the adopted California motor vehicle and clean fuels 
regulations, and benefits from vehicle fleet turnover.

[[Page 64332]]

    The methodologies used to prepare the base year and projected 
emissions inventory, as described in Chapter 3 and Appendix 3 of the 
AQMP, are acceptable. Accordingly, EPA proposes to approve the 1997 CO 
plan with respect to the emissions inventory requirements of sections 
172(c)(3) and 187(a)(1) the CAA.

D. Attainment Demonstration

    The attainment demonstration includes both an areawide and a hot-
spot modeling analysis at four heavily traveled intersections.
    The areawide analysis was conducted using the Urban Airshed Model, 
according to EPA's ``Guidance for Application of Urban Areawide Models 
for CO Attainment Demonstration'' (1992). The UAM analysis uses a 
December 6-7, 1989 episode. This episode recorded a 1-hour CO 
concentration of 31 ppm and an 8-hour concentration of 21.8 ppm. These 
were the highest monitored values in recent years. The UAM analysis 
performed for the 1997 CO plan makes one significant change in the 
meteorological inputs: the mixing height was raised from 15 meters to 
50 meters, to reflect the results of studies in the Lynwood area. The 
adjusted mixing height is also within the uncertainties of estimating 
night time mixing height.
    Emissions used in the UAM analysis are shown in the table below, 
titled ``Peak CO Emissions and South Coast UAM Results.'' These 
emissions, representing day-specific emissions, were disaggregated into 
5 kilometer grid cells throughout the modeling domain.

                                  Peak CO Emissions and South Coast UAM Results                                 
                                                    [In ppm]                                                    
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                                                                     Regional         Maximum        Regional   
                    Scenario                         Emissions     maximum  (8-    Lynwood  (8-    maximum  (1- 
                                                       (tpd)           hour)           hour)           hour)    
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1989 Base.......................................            9140            22.1            16.4            26.1
2000 Base.......................................            4511             7.7             6.6            10.7
2000 Control....................................            4349             7.4             6.4            10.3
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Source: 1997 AQMP, Appendix V, Tables 5-12 and 5-13.                                                            

    The table shows the results of the UAM analysis for both the 8-hour 
and 1-hour average (the corresponding NAAQS are 9 ppm and 35 ppm). 
Concentrations for the 8-hour average are shown for the Lynwood 
receptor, since the monitor at this site typically records peak 
concentrations.
    Model performance for the UAM simulation is within EPA's acceptable 
range of accuracy: +1 percent for the unpaired peak prediction, -25 
percent for the paired peak prediction, and 22 percent for the paired 
absolute error. See 1997 AQMP, Appendix V, pages V-5-6 and V-5-7.
    The predicted regional maximum 8-hour average CO concentration is 
7.7 ppm in the year 2000, assuming no new control measures. The UAM 
analysis thus shows attainment with a margin of safety based solely on 
fully adopted regulations.
    The SCAQMD also modeled a ``control'' scenario, which assumes a 
combined reduction of 173 tpd in the year 2000 from two CARB measures 
which are currently under development, M1 (Accelerated Retirement of 
Light-Duty Vehicles) and M2 (Improved Control Technology for Light-Duty 
Vehicles). These State measures have already been approved as part of 
the 1994 ozone SIP. Reductions from M1 and M2 are not needed for 
purposes of the attainment demonstration, but the control scenario 
illustrates additional ambient air quality improvements possible with a 
greater level of control.\6\
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    \6\ EPA approved M1 on January 8, 1997 (62 FR 1150). M2 was 
approved on August 21, 1995 (60 FR 43379) under the provisions of 
section 182(e)(5) of the CAA, which authorizes the Administrator to 
approve as part of an extreme ozone area SIP conceptual measures 
dependent upon new control technologies or new control techniques. 
EPA notes that the M2 reductions may help ensure maintenance of the 
CO NAAQS, but any reductions from this measure would not be 
creditable for purposes of the CO attainment SIP, because the State 
has committed to begin implementation of the measure in 2004-2005, 
several years beyond the year 2000 attainment deadline for CO.
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    The hot-spot analysis was performed for four intersections 
(Lynwood, Hollywood, Westwood and Inglewood), using CAL3QHC (a roadway 
intersection model) and base case as well as worst case meteorological 
data. Projected peak 8-hour average hot-spot concentrations under base 
case meteorology were 2.1 ppm at Lynwood, 2.2 ppm at Inglewood, and 3.2 
ppm at Westwood and Hollywood. Under worst case meteorology, 
concentrations are predicted to range from 3.5 ppm at Lynwood to 5.3 
ppm at Hollywood.
    The areawide analysis and hot-spot analysis concentrations were not 
aggregated, because CARB's 1991 study of CO in the Lynwood area 
indicated that the projected maximum hot-spot concentrations were at 
different times of day from the maximum areawide peak concentrations.
    The hot-spot modeling follows applicable EPA guidelines and 
demonstrates attainment of the 8-hour CO standard for the year 2000 
with the proposed control measures.
    Because the enhanced I/M regulations have now been adopted, the 
1997 CO plan demonstrates attainment with adopted measures, which 
reduce areawide emissions to 4511 tpd, substantially below the 
estimated carrying capacity of 4968 tpd. However, attainment depends, 
in part, upon specific reductions from the enhanced I/M program, which 
was granted interim approval in prior rulemaking. Therefore, under 
section 348(c) of the Highway Act, EPA proposes to grant interim 
approval to the 1997 CO plan with respect to the attainment 
demonstration requirement of section 187(a)(7) of the CAA.

E. Quantitative Milestones and Reasonable Further Progress (RFP)

    EPA disapproved the 1994 South Coast CO SIP submittal with respect 
to the milestone and RFP requirement because the plan depended heavily 
upon reductions from the as yet unadopted enhanced I/M program to 
achieve scheduled progress and eventual attainment by the year 2000 
deadline in the Act. EPA's interim approval of California's enhanced I/
M regulations cures this defect and allows for interim approval of the 
milestone and RFP provision.
    The 1997 CO plan shows steady annual reductions in CO emissions 
from 1993 through 2000, despite annual growth in VMT and stationary 
source emissions (see 1997 AQMP, Appendix

[[Page 64333]]

V, Tables 5-1, 5-2, and 5-3). The CO emissions decline is displayed 
below in the summary table entitled ``South Coast CO Emissions,'' taken 
from Table 5-3 in Appendix V of the 1997 AQMP.

                                            South Coast CO Emissions                                            
                                            [Planning Inventory--tpd]                                           
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                         Source category                               1993            1995            2000     
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On-Road Vehicles................................................            5908            5381            3298
Other Mobile....................................................            1538            1637            1550
Stationary Sources..............................................             127             170             297
                                                                 -----------------------------------------------
    Total.......................................................            7573            7188            5145
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    In this action, therefore, EPA proposes to grant interim approval, 
under section 348(c) of the Highway Act, to the 1997 CO plan with 
respect to the RFP requirements in sections 171(1), 172(c)(2), and 
187(a)(7) of the CAA.

F. Vehicle Miles Traveled (VMT) Forecast

    Section 187(a)(2)(A) of the CAA requires the 1997 CO plan to 
contain a forecast of vehicle miles traveled (VMT) for each year until 
attainment of the CO NAAQS. Also, as required by section 187(a)(2)(A), 
the 1997 CO plan must provide for annual updates of the forecasts along 
with annual reports to be submitted regarding the extent to which the 
preceding annual forecasts proved to be accurate. These annual reports 
must contain estimates of actual VMT in each previous year for which 
the forecast was required, including the year prior to the report.
    The 1997 CO plan revises VMT forecasts in the prior South Coast CO 
plans. The VMT forecasts have been updated by using new transportation 
modeling and incorporating more recent socioeconomic data compared with 
the VMT forecasts contained in the earlier plans. The required VMT 
forecasts for each year from 1993 through 2000 are displayed in Table 
5-1 in Appendix V to the 1997 AQMP. The forecasts are broken down by 7 
motor vehicle categories. Table 5-2 shows the CO emissions from each 
category for each year.
    EPA proposes to approve these new VMT forecasts as meeting the 
section 187(a)(2)(A) requirement. Also, EPA proposes to approve the 
responsible agencies' commitments to revise and replace the VMT 
projections as needed and monitor actual VMT levels in the future.

G. Summary of Proposed EPA Actions

    EPA proposes the following actions on elements of the South Coast 
CO Attainment Plan (Revised), as submitted on February 5, 1997:
    (1) Approval of procedural requirements, under section 110(a)(1) of 
the CAA;
    (2) Approval of baseline and projected emission inventories, under 
sections 172(c)(3) and 187(a)(1) of the CAA;
    (3) Interim approval of attainment demonstration, under section 
187(a)(7) of the CAA and section 348(c) of the Highway Act;
    (4) Interim approval of quantitative milestones and reasonable 
further progress, under sections 171(1), 172(c)(2), and 187(a)(7) of 
the CAA and section 348(c) of the Highway Act; and
    (5) Approval of VMT forecasts and the responsible agencies' 
commitments to revise and replace the VMT projections as needed and 
monitor actual VMT levels in the future, under section 187(a)(2)(A) of 
the CAA.
    EPA also proposes to rescind EPA's prior partial approval and 
partial disapproval of the 1994 South Coast CO SIP submittal, taken on 
February 14, 1995. As discussed above, these actions have not been in 
effect, since the final rulemaking was never published in the Federal 
Register.

III. Regulatory Process

    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 business, 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 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 a significant impact on any small entities affected. Moreover, due 
to the nature of the Federal state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIP's on such grounds. 
Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).
    The OMB has exempted this action from review under Executive Order 
12866.

IV. Unfunded Mandates

    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.
    Through submission of these SIP revisions, the State and any 
affected local or tribal governments have elected to adopt the program 
provided for under section 110 and 182(b) of the CAA. These rules may 
bind State, local, and tribal governments to perform certain actions 
and also require the private sector to perform certain duties. To the 
extent that the rules being approved or disapproved by this action will 
impose any mandate upon the State, local, or tribal governments either 
as the owner or operator of a source or as a regulator, or would impose 
any mandate upon the private sector, EPA's action will impose no new 
requirements; such sources are already subject to these requirements 
under State law. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action. 
EPA has also determined that this final action does not include a 
mandate that may result in estimated costs of $100 million or more to 
State, local, or tribal governments in the aggregate or to the private 
sector.

[[Page 64334]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

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

    Dated: November 26, 1997.
Felicia Marcus,
Regional Administrator.
[FR Doc. 97-31915 Filed 12-4-97; 8:45 am]
BILLING CODE 6560-50-U