[Federal Register Volume 64, Number 13 (Thursday, January 21, 1999)]
[Rules and Regulations]
[Pages 3216-3225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1259]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[UT-001-0002a; FRL-6201-8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Salt Lake City Carbon Monoxide Redesignation to 
Attainment, Designation of Areas for Air Quality Planning Purposes, and 
Approval of Related Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On November 24, 1995, the Governor of Utah submitted a request 
to redesignate the Salt Lake City (SLC) ``not classified'' carbon 
monoxide (CO) nonattainment area to attainment for the CO National 
Ambient Air Quality Standard (NAAQS). The Governor also submitted a CO 
maintenance plan and revisions to Utah Administrative Code Rule (UACR) 
R307-1-3.3 to ensure that rules applicable to the SLC CO nonattainment 
area remain in effect after SLC is redesignated to attainment. On 
December 9, 1996, the Governor submitted a revised SLC CO maintenance 
plan that incorporated revised contingency measures, updated air 
quality monitoring data, and other minor revisions to the maintenance 
plan. In this action, EPA is approving the SLC redesignation request, 
the revised maintenance plan, and the changes to UACR R307-1-3.3.

DATES: This direct final rule is effective on March 22, 1999 without 
further notice, unless EPA receives adverse comments by February 22, 
1999. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Written comments may be mailed to: Richard R. Long, 
Director, Air and Radiation Program, Mailcode 8P-AR, United States 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, Colorado 80202-2466.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the following 
offices:


[[Page 3217]]


United States Environmental Protection Agency, Region VIII, Air and 
Radiation Program, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466; and,
United States Environmental Protection Agency, Air and Radiation Docket 
and Information Center, 401 M Street, SW, Washington, DC 20460.

    Copies of the State documents relevant to this action are available 
for public inspection at: Utah Division of Air Quality, Department of 
Environmental Quality, 150 North 1950 West, Salt Lake City Utah, 84114-
4820.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air and Radiation Program, 
Mailcode 8P-AR, United States Environmental Protection Agency, Region 
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, 
Telephone number: (303) 312-6479.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 1990, the Clean Air Act Amendments of 1990 were 
enacted (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q). Under section 107(d)(1)(C) of the Clean Air Act (CAA), EPA 
designated the SLC area as nonattainment for CO because the area had 
been previously designated as nonattainment before November 15, 1990. 
The SLC area was classified as a ``not classified'' CO nonattainment 
area as the area had not violated the CO NAAQS in 1988 and 
1989.1
---------------------------------------------------------------------------

    \1\ The EPA describes areas as ``not classified'' if they were 
designated nonattainment both prior to enactment and (pursuant to 
CAA section 107(d)(1)(C)) at enactment, and if the area did not 
violate the primary CO NAAQS in either year for the 2-year period of 
1988 through 1989. Refer to the ``General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990'', 
57 FR 13498, April 16, 1992. See specifically 57 FR 13535, April 16, 
1992.
---------------------------------------------------------------------------

    Under the CAA, designations can be changed if sufficient data are 
available to warrant such changes and if certain other requirements are 
met. See CAA section 107(d)(3)(D). Section 107(d)(3)(E) of the CAA 
provides that the Administrator may not promulgate a redesignation of a 
nonattainment area to attainment unless:
    (i) The Administrator determines that the area has attained the 
national ambient air quality standard;
    (ii) The Administrator has fully approved the applicable 
implementation plan for the area under CAA section 110(k);
    (iii) The Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable implementation plan and 
applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions;
    (iv) The Administrator has fully approved a maintenance plan for 
the area as meeting the requirements of CAA section 175A; and,
    (v) The State containing such area has met all requirements 
applicable to the area under section 110 and part D of the CAA.
    Thus, before EPA can approve the redesignation request, EPA must 
find, among other things, that all applicable SIP elements have been 
fully approved. Approval of the applicable SIP elements may occur prior 
to final approval of the redesignation request or simultaneously with 
final approval of the redesignation request. EPA notes there are no 
outstanding SIP elements necessary for the redesignation. However, the 
Governor has requested approval of revisions to R307-1-3.3 to ensure 
that new source review rules applicable to the SLC nonattainment area 
remain in effect after SLC is redesignated to attainment. Therefore, 
EPA is approving the revisions to R307-1-3.3 at the same time it 
approves the redesignation.
    EPA has reviewed the State's redesignation request, maintenance 
plan, and related SIP revisions and believes that approval of the 
request is warranted, consistent with the requirements of CAA section 
107(d)(3)(E). Descriptions of how the section 107(d)(3)(E) requirements 
are being addressed are provided below.

Section 1. Brief Administrative History of the SLC CO Redesignation 
Request, Maintenance Plan, and Related SIP Submittal

    On November 24, 1995, the Governor of Utah submitted a CO 
redesignation request and maintenance plan for the SLC area along with 
revisions to the Utah Administrative Code Rule (UACR) R307-1-3.3 to 
ensure that new source review rules applicable to the SLC nonattainment 
area remain in effect after SLC is redesignated to attainment. On 
December 9, 1996, the Governor submitted a revised maintenance plan. 
The purpose of the December 9, 1996, submittal was to provide revised 
contingency measures, updated air quality monitoring data, and other 
minor revisions to the maintenance plan.

Section 2. Redesignation Criterion: The Area Must Have Attained the 
Carbon Monoxide (CO) NAAQS

    Section 107(d)(3)(E)(i) of the CAA states that for an area to be 
redesignated to attainment, the Administrator must determine that the 
area has attained the applicable NAAQS. As described in 40 CFR 50.8, 
the national primary ambient air quality standard for carbon monoxide 
is 9 parts per million (10 milligrams per cubic meter) for an 8-hour 
average concentration not to be exceeded more than once per year. 40 
CFR 50.8 continues by stating that the levels of CO in the ambient air 
shall be measured by a reference method based on 40 CFR part 50, 
Appendix C and designated in accordance with 40 CFR part 53 or an 
equivalent method designated in accordance with 40 CFR part 53. 
Attainment of the CO standard is not a momentary phenomenon based on 
short-term data. Rather, for an area to be considered attainment, each 
of the CO ambient air quality monitors in the area are allowed to 
record no more than one exceedance of the CO standard over a one-year 
period. 40 CFR 50.8 and 40 CFR part 50, Appendix C. If a single monitor 
in the CO monitoring network records more than one exceedance of the CO 
standard during a one-year calendar period, then the area is in 
violation of the CO NAAQS. In addition, EPA's interpretation of the CAA 
and EPA national policy 2 has been that an area seeking 
redesignation to attainment must show attainment of the CO NAAQS for a 
continuous two-year calendar period and, additionally, at least through 
the date that EPA promulgates the redesignation to attainment in the 
Federal Register.
---------------------------------------------------------------------------

    \2\ Refer to EPA's September 4, 1992, John Calcagni policy 
memorandum entitled ``Procedures for Processing Requests to 
Redesignate Areas to Attainment.''
---------------------------------------------------------------------------

    Utah's CO redesignation request for the SLC area is based on an 
analysis of quality assured ambient air quality monitoring data that 
are relevant to the redesignation request. Ambient air quality 
monitoring data for consecutive calendar years 1992 through 1997 show a 
measured exceedance rate of 1.0 or less per year, per monitor, of the 
CO NAAQS in the SLC nonattainment area. These data were collected and 
analyzed as required by EPA (see 40 CFR 50.8 and 40 CFR part 50, 
Appendix C) and have been archived by the State in EPA's Aerometric 
Information and Retrieval System (AIRS) national database. Further 
information on CO monitoring is presented in section IX.C.7.c of the 
State's maintenance plan and in the State's TSD. Since 1988, only one 
exceedance of the 9.0 ppm CO standard has been measured and this 
occurred in 1994. EPA notes, however, that the SLC area has not 
violated the CO standard and continues to demonstrate attainment.

[[Page 3218]]

    Because the SLC nonattainment area has quality-assured data showing 
no violations of the CO NAAQS for 1993 and 1994, the years the State 
used to support the redesignation request, and additionally, over the 
most recent consecutive two-calendar-year period, the SLC area has met 
the first component for redesignation: demonstration of attainment of 
the CO NAAQS. EPA notes that the State of Utah has also committed in 
the maintenance plan to the necessary continued operation of the CO 
monitoring network in compliance with all applicable federal 
regulations and guidelines.

Section 3. Redesignation Criterion: The Area Must Have Met All 
Applicable Requirements Under Section 110 and Part D of the CAA

    Section 107(d)(3)(E)(v) requires that, to be redesignated to 
attainment, an area must meet all applicable requirements under section 
110 and part D of the CAA. EPA interprets section 107(d)(3)(E)(v) to 
mean that for a redesignation to be approved, the State must meet all 
requirements that applied to the subject area prior to or at the time 
of the submission of a complete redesignation request. Requirements of 
the CAA due after the submission of a complete redesignation request 
need not be considered in evaluating the request.
A. CAA Section 110 Requirements
    On August 15, 1984, EPA approved revisions to Utah's SIP (45 FR 
32575) as meeting the requirements of section 110(a)(2) of the CAA. 
Although section 110 of the CAA was amended in 1990, most of the 
changes were not substantial. The only additional CAA requirement 
assigned to the SLC area was the preparation and submittal of a 1990 
base year CO emission inventory. The Governor submitted this base year 
inventory on July 11, 1994. EPA approved this inventory on June 29, 
1995 (60 FR 33745). Thus, EPA has determined that the SIP revisions 
approved in 1984 continue to satisfy the requirements of section 
110(a)(2). For further detail, please see 45 FR 32575.
B. Part D Requirements
    Before the SLC not classified CO nonattainment area may be 
redesignated to attainment, the State must have fulfilled the 
applicable requirements of part D. Under part D, an area's 
classification indicates the requirements to which it will be subject. 
Subpart 1 of part D sets forth the basic nonattainment requirements 
applicable to all nonattainment areas, whether classified or 
nonclassifiable.
    The relevant Subpart 1 requirements are contained in sections 
172(c) and 176. The General Preamble (57 FR 13498, April 16, 1992) 
provides EPA's interpretations of the CAA requirements for not 
classified CO areas (see 57 FR 13535):

    ``Although it seems clear that the CO-specific requirements of 
subpart 3 of part D do not apply to CO ``not classified'' areas, the 
1990 CAAA are silent as to how the requirements of subpart 1 of part 
D, which contains general SIP planning requirements for all 
designated nonattainment areas, should be interpreted for such CO 
areas. Nevertheless, because these areas are designated 
nonattainment, some aspects of subpart 1 necessarily apply.''

    Under section 172(b), the applicable section 172(c) requirements, 
as determined by the Administrator, were due no later than three years 
after an area was designated as nonattainment under section 107(d) of 
the amended CAA (see 56 FR 56694). In the case of the SLC area, the due 
date was November 15, 1993. As the SLC CO redesignation request and 
maintenance plan were not submitted by the Governor until November 24, 
1995, the General Preamble (57 FR 13535) provides that the applicable 
requirements of CAA section 172 are 172(c)(3) (emissions inventory), 
172(c)(5) (new source review permitting program), and 172(c)(7) (the 
section 110(a)(2) air quality monitoring requirements)). EPA has 
determined that Part D requirements for Reasonably Available Control 
Measures (RACM), an attainment demonstration, reasonable further 
progress (RFP), and contingency measures (CAA section 172(c)(9)) are 
not applicable to not classified CO areas. See 57 FR 13535, April 16, 
1992. It is also worth noting that EPA has interpreted the requirements 
of sections 172(c)(1) (reasonable available control measures--RACM), 
172(c)(2) (reasonable further progress--RFP), 172(c)(6) (other 
measures), and 172(c)(9) (contingency measures) as being irrelevant to 
a redesignation request because they only have meaning for an area that 
is not attaining the standard. See EPA's September 4, 1992, John 
Calcagni memorandum entitled, ``Procedures for Processing Requests to 
Redesignate Areas to Attainment'', and the General Preamble, 57 FR at 
13564, dated April 16, 1992. Finally, the State has not sought to 
exercise the options that would trigger sections 172(c)(4) 
(identification of certain emissions increases) and 172(c)(8) 
(equivalent techniques). Thus, these provisions are also not relevant 
to this redesignation request.
    Section 176 of the CAA contains requirements related to conformity. 
Although EPA's regulations (see 40 CFR Sec. 51.396) require that states 
adopt transportation conformity provisions in their SIPs for areas 
designated nonattainment or subject to an EPA-approved maintenance 
plan, EPA has decided that a transportation conformity SIP is not an 
applicable requirement for purposes of evaluating a redesignation 
request under section 107(d) of the CAA. This decision is reflected in 
EPA's 1996 approval of the Boston carbon monoxide redesignation. (See 
61 FR 2918, January 30, 1996.)
    In that action, EPA explained that its decision was based on a 
combination of two factors. First, the requirement to submit SIP 
revisions to comply with the conformity provisions of the CAA continues 
to apply to areas after redesignation to attainment. Therefore, the 
State remains obligated to adopt the transportation conformity rules 
even after redesignation and would risk sanctions for failure to do so. 
Unlike most requirements of section 110 and part D, which are linked to 
the nonattainment status of an area, and are not required after 
redesignation of an area to attainment, the conformity requirements 
apply to both nonattainment and maintenance areas. Second, EPA's 
federal conformity rules require the performance of conformity analyses 
in the absence of State-adopted rules. Therefore, a delay in adopting 
State rules does not relieve an area from the obligation to implement 
conformity requirements.
    Because areas are subject to the conformity requirements regardless 
of whether they are redesignated to attainment and must implement 
conformity under Federal rules if State rules are not yet adopted, EPA 
believes it is reasonable to view these requirements as not being 
applicable requirements for purposes of evaluating a redesignation 
request. Further information regarding transportation conformity and 
mobile source emission budgets are found below in section II 
``Transportation Conformity''.
    The applicable requirements of CAA section 172 are discussed below.
    (1.) Section 172(c)(3)--Emissions Inventory. Section 172(c)(3) of 
the CAA requires a comprehensive, accurate, current inventory of all 
actual emissions from all sources in the SLC nonattainment area. EPA's 
interpretation of the emission inventory requirement for ``not 
classified'' CO nonattainment areas is detailed in the General Preamble 
(57 FR 13535, April 16, 1992). EPA determined that an emissions 
inventory is specifically

[[Page 3219]]

required under CAA section 172(c)(3) and is not tied to an area's 
proximity to attainment. EPA concluded that an emissions inventory must 
be included as a revision to the SIP and was due 3 years from the time 
of the area's designation. For ``not classified'' CO areas, this date 
became November 15, 1993. To address the section 172(c)(3) requirement 
for a ``current'' inventory, EPA interpreted ``current'' to mean 
calendar year 1990 (See 57 FR 13502, April 16, 1992).
    On July 11, 1994, the Governor submitted the 1990 base year 
inventory for the SLC CO nonattainment area. EPA approved this 1990 
base year CO inventory on June 29, 1995 (60 FR 33745).
    (2.) Section 172(c)(5) New Source Review (NSR). The CAA requires 
all nonattainment areas to meet several requirements regarding NSR, 
including provisions to ensure that increased emissions will not result 
from any new or modified stationary major sources and a general offset 
rule. The State of Utah has a fully-approved NSR program (60 FR 22277, 
May 5, 1995) that meets the requirements of CAA section 172(c)(5).
    (3.) Section 172(c)(7)--Compliance With CAA section 110(a)(2): Air 
Quality Monitoring Requirements. According to EPA's interpretations 
presented in the General Preamble (57 FR 13535), ``not classified'' CO 
nonattainment areas should meet the ``applicable'' air quality 
monitoring requirements of section 110(a)(2) of the CAA as explicitly 
referenced by sections 172 (b) and (c) of the CAA. With respect to this 
requirement, the State indicates in section IX, Part C.7.c. (``Carbon 
Monoxide Monitoring'') of the maintenance plan, that ambient CO 
monitoring data have been properly collected and uploaded to EPA's 
Aerometric Information and Retrieval System (AIRS) since 1986 for the 
SLC area. Air quality data through 1994 are included in section IX, 
Part C.7.c. of the maintenance plan and Volume 1 of the State's TSD. 
EPA has more recently polled the AIRS database and has verified that 
the State has also uploaded additional ambient CO data through 1997. 
The data in AIRS indicate that the SLC area has shown, and continues to 
show, attainment of the CO NAAQS. The State also notes (section IX, 
Part C.7.c.(1)) that information concerning CO monitoring in Utah is 
included in the Monitoring Network Review (MNR) prepared by the State 
and submitted to EPA. Since the early 1980's, the MNR has been updated 
annually and submitted to EPA for approval. EPA personnel have 
concurred with Utah's annual network reviews and have agreed that the 
SLC network remains adequate. Finally, in section IX, Part C.7.c.(5) of 
the maintenance plan, the State commits to the continued operation of 
the existing CO monitors, according to all applicable Federal 
regulations and guidelines, even after the SLC area is redesignated to 
attainment for CO. The State also notes that it will reevaluate 
monitoring site locations annually to determine whether new monitoring 
sites are needed or if the existing monitors should be relocated or 
removed.
    Section 4. Redesignation Criterion: The Area Must Have A Fully 
Approved SIP Under Section 110(k) Of The CAA. Section 107(d)(3)(E)(ii) 
of the CAA states that for an area to be redesignated to attainment, it 
must be determined that the Administrator has fully approved the 
applicable implementation plan for the area under section 110(k).
    Based on the approval into the SIP of provisions under the pre-1990 
CAA and EPA's prior approval of SIP revisions required under the 1990 
amendments to the CAA, EPA has determined that Utah has a fully 
approved CO SIP under section 110(k) for the SLC CO nonattainment area.
    Section 5. Redesignation Criterion: The Area Must Show That The 
Improvement In Air Quality Is Due To Permanent And Enforceable 
Emissions Reductions. Section 107(d)(3)(E)(iii) of the CAA provides 
that for an area to be redesignated to attainment, the Administrator 
must determine that the improvement in air quality is due to permanent 
and enforceable reductions in emissions resulting from implementation 
of the applicable implementation plan (SLC CO revision as approved on 
August 15, 1984, 49 FR 32575), implementation of applicable Federal air 
pollutant control regulations, and other permanent and enforceable 
reductions.
    The CO emissions reductions that were derived from the August 15, 
1984, SIP revision, and as further described in section IX.C.7.b of the 
December 9, 1996, SLC maintenance plan, were achieved primarily through 
a Federal emission control measure and CAA-required improvements to the 
basic vehicle inspection and maintenance (I/M) program. The Federal 
measure involved CO emission reductions from fleet turnover, which is 
regulated by the Federal Motor Vehicle Control Program (FMVCP).
    In general, the FMVCP provisions require vehicle manufacturers to 
meet more stringent vehicle emission limitations for new vehicles in 
future years. These emission limitations are phased in (as a percentage 
of new vehicles manufactured) over a period of years. As new, lower 
emitting vehicles replace older, higher emitting vehicles (``fleet 
turnover''), emission reductions are realized for a particular area 
such as SLC. For example, EPA promulgated lower hydrocarbon (HC) and CO 
exhaust emission standards in 1991, known as Tier I standards for new 
motor vehicles (light-duty vehicles and light-duty trucks) in response 
to the 1990 CAA amendments. These Tier I emissions standards were 
phased in with 40% of the 1994 model year fleet, 80% of the 1995 model 
year fleet, and 100% of the 1996 model year fleet.
    As stated in section IX.C.7.b.(4) of the maintenance plan, 
additional emission reductions from Salt Lake County's basic I/M 
program resulted from a major revision that was fully implemented prior 
to September 1, 1991. This revision was made in response to a 1990 
State legislative mandate that Utah Counties administering the basic I/
M program use computerized analyzers, standardize their programs, and 
provide reciprocity. These improvements involved the use of BAR90 
technology emissions analyzers, the inclusion of vehicles owned by 
federal agencies, federal employees, university and college employees 
and students, an increased fail rate, the exclusive issuance of waivers 
by I/M technical center staff, an increase in the dollar amount spent 
on emission-related repairs to qualify for a waiver, automated data 
management and audit functions, and coverage of more emission control 
devices by the Salt Lake County anti-tampering program. Also, as a 
result of separate State legislation, the number of vehicles qualifying 
for exemption from the I/M program because of the ``farm truck'' 
classification was reduced.
    EPA has evaluated the various State and Federal control measures, 
the 1990 base year emission inventory, the 1993 attainment year 
emission inventory, and the projected emissions described below, and 
has concluded that the improvement in air quality in the SLC 
nonattainment area has resulted from emission reductions that are 
permanent and enforceable.
    Section 6. Redesignation Criterion: The Area Must Have A Fully 
Approved Maintenance Plan Under CAA Section 175A. Section 
107(d)(3)(E)(iv) of the CAA provides that for an area to be 
redesignated to attainment, the Administrator must have fully approved 
a maintenance plan for the area meeting the requirements of section 
175A of the CAA.

[[Page 3220]]

    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
The maintenance plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after the Administrator 
approves a redesignation to attainment. Eight years after the 
promulgation of the redesignation, the State must submit a revised 
maintenance plan that demonstrates continued attainment for the 
subsequent ten-year period following the initial ten-year maintenance 
period. To address the possibility of future NAAQS violations, the 
maintenance plan must contain contingency measures, with a schedule for 
adoption and implementation, that are adequate to assure prompt 
correction of a violation. In addition, EPA issued further maintenance 
plan interpretations in the ``General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990'' (57 FR 13498, 
April 16, 1992), ``General Preamble for the Implementation of Title I 
of the Clean Air Act Amendments of 1990; Supplemental'' (57 FR 18070, 
April 28, 1992), and the EPA guidance memorandum entitled ``Procedures 
for Processing Requests to Redesignate Areas to Attainment'' from John 
Calcagni, Director, Air Quality Management Division, Office of Air 
Quality and Planning Standards, to Regional Air Division Directors, 
dated September 4, 1992. In this Federal Register action, EPA is 
approving the State of Utah's maintenance plan for the SLC 
nonattainment area because EPA has determined, as detailed below, that 
the State's maintenance plan submittal meets the requirements of 
section 175A and is consistent with the documents referenced above. 
EPA's analysis of the pertinent maintenance plan requirements, with 
reference to the Governor's December 9, 1996, submittal, is provided as 
follows:
A. Emissions Inventories--Attainment Year and Projections
    EPA's interpretations of the CAA section 175A maintenance plan 
requirements are generally provided in the General Preamble and the 
September 4, 1992, policy memorandum referenced above. Under EPA's 
interpretations, areas seeking to redesignate to attainment for CO may 
demonstrate future maintenance of the NAAQS either by showing that 
future CO emissions will be equal to or less than the attainment year 
emissions or by providing a modeling demonstration. For the SLC area, 
the State selected the emissions inventory approach for demonstrating 
maintenance of the CO NAAQS.
    The maintenance plan that the Governor submitted on December 9, 
1996, included comprehensive inventories of CO emissions for the SLC 
area. These inventories include emissions from stationary point 
sources, area sources, non-road mobile sources, and on-road mobile 
sources. The State selected 1993 as the year from which to develop the 
attainment year inventory and included year-by-year projections out to 
2006. More detailed descriptions of the 1993 attainment year inventory 
and the projected inventories are documented in the maintenance plan, 
sections IX.C.7.e and IX.C.7.f, and in the State's TSD. The State's 
submittal contains detailed emission inventory information that was 
prepared in accordance with EPA guidance. Summary emission figures from 
the 1993 attainment year and a sampling of the projected years are 
provided in the Table I.-1 below.

                           Table I.-1--Summary of CO Emissions in Tons per Day for SLC
----------------------------------------------------------------------------------------------------------------
                                                     1993         1997         2000         2003         2006
----------------------------------------------------------------------------------------------------------------
Point Sources..................................         0.55         1.57         1.63         1.71         1.79
Area Sources...................................        14.65        14.93        15.12        15.32        15.53
Non-Road Mobile Sources........................         8.29         9.37        10.10        10.91        11.79
On-Road Mobile Sources.........................       202.24       169.56       154.66       145.64       145.37
                                                ----------------------------------------------------------------
    Total......................................       225.73       195.43       181.51       173.58       174.48
----------------------------------------------------------------------------------------------------------------

B. Demonstration of Maintenance--Projected Inventories
    As noted above, total CO emissions were projected by the State 
year-by-year from 1994 through 2006. These projected inventories were 
prepared in accordance with EPA guidance (further information is 
provided in section IX.C.7.f of the maintenance plan). EPA notes, 
however, that CAA section 175A(a) requires that the maintenance 
demonstration ``* * * provide for the maintenance of the national 
primary ambient air quality standard for such air pollutant in the area 
concerned for at least 10 years after the redesignation.'' Therefore, 
based on this CAA provision, the maintenance demonstration needed to 
project emissions to at least 2008, not just 2006. To address this 
issue, EPA consulted with the State to identify the specific materials 
that were provided at the SLC CO redesignation public hearing and which 
were subsequently adopted by the Utah Air Quality Board (UAQB). In a 
letter dated February 19, 1998, from Ursula Trueman, Director, Utah 
Division of Air Quality, to Richard Long, Director, Air Program, EPA 
Region VIII, the State provided an excerpt from the SLC CO 
redesignation Technical Support Document (TSD) that provided additional 
projected CO daily emissions for all years from 1993 through 2016. As 
indicated in the State's February 19, 1998, letter, these additional 
projected CO emissions were part of the TSD that was provided with the 
public hearing for the SLC CO redesignation and that was also adopted, 
along with the redesignation request and maintenance plan, by the UAQB. 
The projected inventories show that CO emissions are not estimated to 
exceed the 1993 attainment level during the time period 1993 through 
2008 and, therefore, the SLC area has satisfactorily demonstrated 
maintenance. EPA has also extracted daily projected CO emissions for 
2009 in the event that publication of this action in the Federal 
Register is delayed until early 1999. The additional projected CO daily 
emissions for 2007, 2008, and 2009 are provided in the Table I.-2 
below:

                 Table I.-2--Summary of 1993 and Projected CO Emissions in Tons per Day for SLC
----------------------------------------------------------------------------------------------------------------
                                                                  1993         2007         2008         2009
----------------------------------------------------------------------------------------------------------------
Point Sources...............................................         0.55         1.81         1.84         1.87

[[Page 3221]]

 
Area Sources................................................        14.65        15.60        15.67        15.74
Non-Road Mobile Sources.....................................         8.29        12.10        12.43        12.76
On-Road Mobile Sources......................................       202.24       147.24       150.05       152.35
                                                             ---------------------------------------------------
    Total...................................................       225.73       176.75       179.99       182.72
----------------------------------------------------------------------------------------------------------------

C. Monitoring Network and Verification of Continued Attainment
    Continued attainment of the CO NAAQS in the SLC area depends, in 
part, on the State's efforts to track indicators throughout the 
maintenance period. This requirement is met in two sections of the SLC 
maintenance plan. In section IX.C.7.c.(5) and section IX.C.7.i.(3), the 
State commits to continue the operation of the CO monitors in the SLC 
area and to annually review this monitoring network and make changes as 
appropriate. Also, in section IX.C.7.i.(1), the State commits to 
prepare a comprehensive emission inventory of CO emissions every three 
years after the maintenance plan is approved by EPA. These inventories 
will be based on the most current Vehicle Miles Traveled (VMT) data, 
actual point source emissions, and area source emissions based on the 
most current population and industry growth information. The above 
commitments by the State, which will be enforceable by EPA following 
the final approval of the SLC maintenance plan SIP revision, are deemed 
adequate by EPA.
D. Contingency Plan
    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions. To meet this requirement, the State has 
identified appropriate contingency measures along with a schedule for 
the development and implementation of such measures. As stated in 
Section IX.C.7.h of the maintenance plan, the contingency measures for 
the SLC area will be triggered by any of the following situations: (a) 
a future year verification emission inventory (see section 
IX.C.7.i.(1)) of actual emissions indicates a level greater than the 
1993 attainment emissions (225.73 tons of CO/peak season day), (b) a 
second non-overlapping 8-hour average ambient CO measurement exceeds 9 
ppm at a single monitoring site during a calendar year (i.e., a 
violation of the 8-hour CO standard), or (c) a second one-hour average 
ambient CO measurement exceeds 35 ppm at a single monitoring site 
during a calendar year (i.e., a violation of the 1-hour CO standard). 
The primary contingency measure is Alternative Commuting Options (ACO) 
and the secondary is an enhanced motor vehicle inspection and 
maintenance program (EI/M) or an equivalent I/M program. A more 
complete description of the triggering mechanisms and these contingency 
measures can be found in section IX.C.7.h of the maintenance plan.
    EPA notes that both contingency measures have been partially 
implemented as of the beginning of 1998. The ACO contingency measure 
(UACR R307-11) was previously adopted by the State and was implemented 
in 1995 for Federal, State, and local government agencies with 100 or 
more employees at a worksite. The State has identified in the 
maintenance plan that R307-11 could be expanded to include all 
employers with 100 or more employees at a worksite. As a result of the 
Salt Lake and Davis Counties' ozone maintenance plan, Salt Lake County 
began implementing an improved I/M program for all of Salt Lake County 
in early 1998. This improved I/M program is not the equivalent of an 
enhanced I/M program, but it achieves greater reductions of CO 
emissions than the basic I/M program identified in the SLC CO 
maintenance plan. EPA notes that the additional CO emission reductions 
realized from the partial pre-implementation of the ACO regulation and 
the implementation of the improved I/M program were not included in the 
December 9, 1996, maintenance plan's projected emissions to demonstrate 
maintenance of the CO standard. The partial pre-implementation of 
contingency measures is consistent with EPA's August 13, 1993, guidance 
memorandum entitled ``Early Implementation of Contingency Measures for 
Ozone and Carbon Monoxide (CO) Nonattainment Areas.''
    Based on the above, EPA finds that the contingency measures 
provided in the State's maintenance plan are sufficient and meet the 
requirements of section 175A(d) of the CAA.
E. Subsequent Maintenance Plan Revisions
    In accordance with section 175A(b) of the CAA, the State of Utah 
has committed to submit a revised maintenance plan SIP revision eight 
years after redesignation. This provision and other State-triggered 
mechanisms (such as in response to revisions to the CO NAAQS or to take 
advantage of improved or more expeditious methods of maintaining the CO 
standard) for revising the maintenance plan are contained in section 
IX.C.7.i.(4) of the SLC maintenance plan.

II. Transportation Conformity

    One key provision of EPA's conformity regulation requires a 
demonstration that emissions from the transportation plan and 
Transportation Improvement Program are consistent with the emissions 
budgets in the SIP (40 CFR sections 93.118 and 93.124). The emissions 
budget is defined as the level of mobile source emissions relied upon 
in the attainment or maintenance demonstration to maintain compliance 
with the NAAQS in the nonattainment area. The rule's requirements and 
EPA's policy on emissions budgets are found in the preambles to the 
November 24, 1993, and August 15, 1997, transportation conformity rules 
(58 FR 62193-96 and 62 FR 43780 et seq.) and in the sections of the 
rule referenced above.
    The maintenance plan defines emissions budgets for each year 
between 1994 and 2006 (see Table IX.C.35 of the maintenance plan) and 
for 2016 (see Section IX, Part C.7.f.(2), page 110, of the maintenance 
plan) that the metropolitan planning organization (Wasatch Front 
Regional Council--WFRC) will use to demonstrate conformity. These year-
by-year emissions budgets are presented below in Table II and EPA is 
approving them in this action. The plan also describes a safety margin 
(called the ``emissions credit'') for each year (1994 through 2006), 
which is the difference between total emissions from all sources in the 
attainment year and in each of those future years.
    The State discusses the potential allocation of these identified 
year-by-year emission credits for the 1994 through 2006 time period in 
section (3), ``Emissions Credit Allocation'', on page 110, Section IX, 
Part C.7, of the

[[Page 3222]]

maintenance plan. Section (3) states that ``The emissions credit or any 
portion of it may be allocated to any source category contributing to 
the inventory; i.e., area sources, non-road sources, or on-road sources 
mobile sources. The allocation of emission credits shall be made by 
order of the Utah Air Quality Board and shall not be inconsistent with 
this plan.''
    This language is inconsistent with EPA's requirements for 
allocating the safety margin, and, thus, is not sufficient to allow the 
safety margin to be used for transportation conformity determinations 
or for other purposes. For example, EPA's longstanding interpretation 
is that the SIP itself must include some or all of the safety margin in 
the motor vehicle emissions budget before the safety margin may be used 
in transportation conformity determinations. See 58 FR 62195, November 
24, 1993. Similarly, EPA has taken the position that conformity 
determinations may not trade emissions among SIP budgets for highway/
transit versus other sources unless a SIP revision for the specific 
trade is submitted and approved by EPA or the SIP establishes 
appropriate mechanisms for such trading. Id. EPA's transportation 
conformity rule reflects these concepts at 40 CFR 93.124(a), (b), and 
(c).
    The maintenance plan does not explicitly include the safety margin 
in the motor vehicle emissions budget or any other budget. (The one 
exception is for the year 2016. The 2016 budget is described in detail 
below.) Instead, the maintenance plan attempts to allow the Utah Air 
Quality Board to make an allocation of the safety margin to one or more 
of the budgets at some future date. This is not the explicit SIP 
allocation contemplated by EPA's conformity rule. Nor does this 
approach constitute an appropriate trading mechanism. Thus, under the 
language of the maintenance plan as it now stands, the safety margin 
may not be used for conformity determinations or any other purpose. All 
conformity determinations must demonstrate conformity with the 
emissions budgets in the maintenance plan as cited above and summarized 
in Table II below. The State may seek EPA approval of a SIP revision to 
allocate some or all of the available safety margin for transportation 
conformity, general conformity, or other purposes.
    Consistent with the foregoing, and to avoid confusion, EPA is 
taking no action on Section IX, Part C.7.f.(3) of the maintenance plan.
    For 2016, the State specifically included the safety margin in the 
on-road mobile source CO emissions budget, and thus, for 2016, the 
safety margin may be used for transportation conformity purposes. 
However, in calculating the emission budget for the year 2016, the 
State made mathematical errors. Section IX, Part C.7.f.(2) of the 
maintenance plan indicates the emission budget is 192.22 tons of CO per 
winter week day. The correct value is 192.06 tons of CO. To arrive at 
the 2016 budget value, the State subtracted the 2016 emissions 
projections for all source categories other than on-road mobile from 
the 1993 CO attainment year emissions inventory for all sources. For 
the 1993 CO total inventory value, the State used 225.42 tons of CO per 
winter week day, when it should have used 225.73 tons per day as 
reflected in Table IX.C.35 of the maintenance plan. For the 2016 
emissions projections for all source categories other than on-road 
mobile, the State used 33.20 tons per day, when it should have used 
33.67 tons per day as reflected in Section 3 of Volume 3 of the State's 
TSD. The Utah Division Air Quality corrected these mathematical errors 
by making a non-substantive change to the maintenance plan on July 14, 
1998. These corrections became effective on July 27, 1998, and were 
received by EPA on August 12, 1998. As reflected in Table II below, EPA 
hereby approves the State's corrected emission budget for 2016 of 
192.06 tons of CO per day. This budget, which, as noted above, 
specifically allocates the safety margin available in 2016 for 
transportation conformity purposes, may be used for transportation 
conformity determinations for the year 2016 and beyond.
    The maintenance plan also states that, ``[a]n emission budget for 
the period extending from 2007 to 2016 has been established. (See 
TSD).'' As noted above, the maintenance plan clearly identifies 
emission budgets for years 1994 through 2006 and 2016. However, the 
maintenance plan does not clearly identify an emission budget for the 
period 2007 to 2015. The reference to the TSD is not helpful for two 
reasons. First, EPA's Transportation Conformity Rule requires that 
budgets be established by the SIP (see 40 CFR 93.118(a), (b), and 
(e)(4); 62 FR 43781, August 15, 1997), and EPA does not consider the 
TSD to be part of the SIP. Second, the TSD does not contain language 
that explicitly identifies an emission budget. It is not appropriate to 
infer an emission budget beyond the maintenance year unless the SIP 
explicitly identifies such an emission budget. See 58 FR 62195, 
November 24, 1993. Therefore, EPA is not approving any emission budget 
for the period 2007 through 2015, and any transportation conformity 
determinations for such years must be based on the 2006 emission 
budget. If the State wishes to establish an emission budget or budgets 
for the years 2007 through 2015, it may revise the maintenance plan and 
seek EPA's approval.

                                              Table II.--On-Road Mobile Source CO Emissions Budgets for SLC
                                                                 [In tons of CO per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year............................................         1993         1994         1995         1996         1997         1998         1999         2000
Budget..........................................       202.24       193.95       184.84       175.30       169.56       163.90       158.80       154.66
--------------------------------------------------------------------------------------------------------------------------------------------------------


Year............................................         2001         2002         2003         2004         2005         2006  ...........         2016
Budget..........................................       149.13       148.45       145.64       143.79       144.66       145.37  ...........       192.06
--------------------------------------------------------------------------------------------------------------------------------------------------------

III. UACR R307-1-3.3

    In his November 24, 1995, submittal of the redesignation request 
and maintenance plan for SLC, the Governor also included minor 
revisions to UACR R307-1-3.3, which contains requirements for new 
source review. These revisions made the rule's requirements applicable 
in both nonattainment and maintenance areas instead of just 
nonattainment areas. These revisions are acceptable to EPA and should 
help foster continued attainment of the CO standard in the SLC area. 
The above changes to UACR R307-1-3.3 were adopted by the UAQB October 
4, 1995, and, with changes, December 6, 1995, and became State 
effective January 31, 1996.

IV. Final Action

    In this action, EPA is approving the SLC carbon monoxide 
redesignation

[[Page 3223]]

request, maintenance plan, and the revisions to UACR R307-1-3.3. 
However, as noted above, EPA is not taking any action on Section IX, 
Part C.7.f.(3) of the maintenance plan, ``Emissions Credit 
Allocation.''
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective March 22, 1999 
without further notice unless the Agency receives adverse comments by 
February 22, 1999.
    If EPA receives such comments, then EPA will publish a timely 
withdrawal of the direct final rule informing the public that the rule 
will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period on this rule. Any 
parties interested in commenting on this rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on March 22, 1999 and no further action will be 
taken on the proposed rule.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 12875: Enhancing the Intergovernmental Partnership

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a state, local, 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of state, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local, or tribal 
governments. Redesignation of an area to attainment under sections 
107(d)(3)(D) and (E) of the Clean Air Act does not impose any new 
requirements. Redesignation to attainment is an action that affects the 
status of a geographical area and does not impose any regulatory 
requirements on state, local, or tribal governments. Thus, the rule 
does not impose any enforceable duties on state, local, or tribal 
governments. Accordingly, the requirements of section 1(a) of Executive 
Order 12875 do not apply to this rule.

C. Executive Order 13045

    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to 
any rule that: (1) Is determined to be ``economically significant'' as 
defined under E. O. 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health and safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to E. O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084: Executive Order 13084: Consultation and 
Coordination With Indian Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
12084 requires EPA to provide to the Office of Management and Budget, 
in a separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Redesignation of an area to 
attainment under sections 107(d)(3)(D) and (E) of the Clean Air Act 
does not impose any new requirements. Redesignation to attainment is an 
action that affects the status of a geographical area and does not 
impose any regulatory requirements. Accordingly, the requirements of 
section 3(b) of Executive Order 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
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). Redesignation of an area to attainment under 
sections 107(d)(3)(D) and (E) of the Clean Air Act does not impose any 
new requirements on small entities. Redesignation to attainment is an 
action that affects the status of a geographical area and does

[[Page 3224]]

not impose any regulatory requirements on sources. Therefore, I certify 
that the approval of the redesignation request will not affect a 
substantial number of small entities.

F. 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 promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate or to the private sector. This Federal action approves a 
redesignation to attainment and pre-existing requirements under State 
or local law, and imposes no new requirements. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, will result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of Congress and to the Comptroller General 
of the United States. EPA will submit 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 United States prior 
to the publication of the rule in the Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. section 804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 22, 1999. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: November 23, 1998.
Jack W. McGraw,
Acting Regional Administrator Region VIII.

    Chapter I, title 40, parts 52 and 81 of the Code of Federal 
Regulations are amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart TT--UTAH

    2. Section 52.2320 is amended by adding paragraph (c)(39) to read 
as follows:


Sec. 52.2320  Identification of plan.

* * * * *
    (c) * * *
    (39) Revisions to the Utah State Implementation Plan, Section IX, 
Control Measures for Area and Point Sources, Part C, Carbon Monoxide as 
submitted by the Governor on December 6, 1996 (with minor mathematical 
corrections submitted by the Utah Division of Air Quality on August 12, 
1998), excluding Section IX, Part C.7.f.(3) of the plan, ``Emissions 
Credit Allocation,'' as EPA is not taking any action on that section of 
the plan. UACR R307-1-3.3 Requirements for Nonattainment and 
Maintenance Areas--New and Modified Sources; as submitted by the 
Governor on November 24, 1995.
    (i) Incorporation by reference.
    (A) UACR R307-2-12, adopted by the Utah Air Quality Board on August 
7, 1996 and September 4, 1996, effective November 1, 1996, as modified 
through a notice of nonsubstantive rule change dated July 14, 1998, 
effective July 27, 1998, to correct minor mathematical errors in 
Section IX, Part C.7.f.(2) of the Utah State Implementation Plan (SIP). 
UACR R307-2-12 incorporates by reference a number of provisions of the 
Utah SIP, only some of which are relevant to this rulemaking action. 
EPA's incorporation by reference of UACR R307-2-12 only extends to the 
following Utah SIP provisions and excludes any other provisions that 
UACR R307-2-12 incorporates by reference:
    Section IX, Part C.7 (except for Section IX, Part C.7.f.(3)), 
Carbon Monoxide Maintenance Provisions for Salt Lake City, adopted by 
Utah Air Quality Board on August 7, 1996, and September 4, 1996, 
effective November 1, 1996, as modified by the nonsubstantive rule 
change noted above.
    (B) UACR R307-1-3.3, a portion of Requirements for Nonattainment 
and Maintenance Areas--New and Modified Sources, as adopted by the Utah 
Air Quality Board on October 4, 1995, December 6, 1995, effective 
January 31, 1996.
    (ii) Additional material.
    (A) February 19, 1998, letter from Ursula Trueman, Director, Utah 
Division of Air Quality, Department of Environmental Quality to Richard 
R. Long, Director, Air and Radiation Program, EPA Region VIII, entitled 
``DAQS-0188-98; Technical Support Documents--Ogden City and Salt Lake 
City CO Maintenance Plans.'' This letter confirmed that all the 
emission projections, contained in the technical support documents for 
both the Salt Lake City and Ogden City redesignation requests, were 
properly adopted by the Utah Air Quality Board in accordance with the 
Utah Air Quality Rules.
    (B) Materials from Jan Miller, Utah Division of Air Quality, 
Department of Environmental Quality, received by Tim Russ, Air and 
Radiation Program, EPA Region VIII, displaying the minor mathematical 
corrections to the on-road mobile source emission budgets in Section 
IX, Part C. 7.f.(2) of the Salt Lake City CO Maintenance Plan. These 
nonsubstantive changes were made in accordance with the Utah Air 
Quality Rules and were effective July 27, 1998.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

    2. In Sec. 81.345, the table entitled ``Utah-Carbon Monoxide'' is 
amended by revising the entry for ``Salt Lake City Area'' to read as 
follows:

[[Page 3225]]

Sec. 81.345  Utah.

* * * * *

                                                                  Utah--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
Salt Lake City Area:                          3-22-99  Attainment...............................
    Salt Lake County (part), Salt Lake
     City.
 
                  *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
[FR Doc. 99-1259 Filed 1-20-99; 8:45 am]
BILLING CODE 6560-50-P