[Federal Register Volume 66, Number 47 (Friday, March 9, 2001)]
[Rules and Regulations]
[Pages 14078-14087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5852]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[UT-001-0022a, UT-001-0024a, UT-001-0025a, UT-001-0026a, UT-001-0027a, 
UT-001-0030a, UT-001-0031a; FRL-6888-9]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Utah; Ogden City Carbon Monoxide Redesignation to Attainment, 
Designation of Areas for Air Quality Planning Purposes, and Approval of 
Revisions to the Oxygenated Gasoline Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On December 9, 1996, the Governor of Utah submitted a request 
to redesignate the Ogden City ``moderate'' carbon monoxide (CO) 
nonattainment area to attainment for the CO National Ambient Air 
Quality Standard (NAAQS). The Governor also submitted a CO maintenance 
plan. In addition, on July 8, 1998, the Governor submitted revisions to 
Utah's Rule R307-8 ``Oxygenated Gasoline Program.'' In this action, EPA 
is approving the Ogden City CO redesignation request, the maintenance 
plan, and the revisions to Rule R307-8.

DATES: This direct final rule is effective on May 8, 2001 without 
further notice, unless EPA receives adverse comments by April 9, 2001. 
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 
300, 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:

United States Environmental Protection Agency, Region VIII, Air and 
Radiation Program, 999 18th Street, Suite 300, 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, P.O. Box 144820, 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 300, Denver, Colorado 80202-2466; 
Telephone number: (303) 312-6479.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' are used we mean the Environmental Protection 
Agency.

I. What is the Purpose of this Action?

    In this action, we are approving a change in the legal designation 
of the Ogden City area from nonattainment for CO to attainment, we're 
approving the maintenance plan that is designed to keep the area in 
attainment for CO for the next 10 years, and we're also approving 
changes to the State's Rule R307-8 addressing the oxygenated fuels 
program.
    On November 15, 1990, the Clean Air Act Amendments of 1990 were 
enacted (Public Law 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), we 
designated the Ogden City area as nonattainment for CO because the area 
had been designated as nonattainment before November 15, 1990. We 
originally designated Ogden City as nonattainment for CO on March 3, 
1978 (see 43 FR 8962) under the provisions of the 1977 CAA Amendments. 
This designation was reaffirmed by the 1990 CAA Amendments and Ogden 
City was classified as a ``moderate'' CO nonattainment area with a 
design value of less than or equal to 12.7 parts per million (ppm). See 
56 FR 56694, November 6, 1991. Further information regarding this 
classification and the accompanying requirements are described in the 
``General Preamble for the Implementation of Title I of the Clean Air 
Act Amendments of 1990.`` See 57 FR 13498, April 16, 1992.
    Under the CAA, we can change designations if acceptable data are 
available 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.
    Before we can approve the redesignation request, we must decide 
that all applicable SIP elements have been fully approved. Approval of 
the

[[Page 14079]]

applicable SIP elements may occur simultaneously with final approval of 
the redesignation request. That's why we are also approving the 
revisions to Rule R307-8.

II. What is the State's Process to Submit These Materials to EPA?

    Section 110(k) of the CAA addresses our actions on submissions of 
revisions to a SIP. The CAA requires States to observe certain 
procedural requirements in developing SIP revisions for submittal to 
us. Section 110(a)(2) of the CAA requires that each SIP revision be 
adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a State to us.
    The Utah Air Quality Control Board (UAQB) held a public hearing 
June 25, 1996, for the Carbon Monoxide (CO) Redesignation Request and 
Maintenance Plan for Ogden City. The UAQB adopted the redesignation 
request and maintenance plan September 4, 1996. This SIP revision 
became State effective November 1, 1996, and was submitted by the 
Governor to us on December 9, 1996.
    We have evaluated the Governor's submittal and have determined that 
the State met the requirements for reasonable notice and public hearing 
under section 110(a)(2) of the CAA. By operation of law under section 
110(k)(1)(B) of the CAA, the Governor's December 6, 1996, submittal 
became complete on June 6, 1997.
    For the Rule R307-8 revisions, UAQB held public hearings on March 
16, 1998, and March 24, 1998. The UAQB adopted these changes on April 
21, 1998, and they became State effective on April 22, 1998.
    We have evaluated the Governor's submittal and have determined that 
the State met the requirements for reasonable notice and public hearing 
under section 110(a)(2) of the CAA. By operation of law under section 
110(k)(1)(B) of the CAA, the Governor's July 8, 1998, submittal became 
complete on January 8, 1999.

III. EPA's Evaluation of the Redesignation Request and Maintenance 
Plan

    EPA has reviewed the State's redesignation request and maintenance 
plan and believes that approval of the request is warranted, consistent 
with the requirements of CAA section 107(d)(3)(E). The following are 
descriptions of how the section 107(d)(3)(E) requirements are being 
addressed.
    (a). 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. Instead, we consider an area to be in attainment if 
each of the CO ambient air quality monitors in the area doesn't have 
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 any monitor in the area's 
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, our interpretation of the CAA 
and EPA national policy\1\ has been that an area seeking redesignation 
to attainment must show attainment of the CO NAAQS for at least a 
continuous two-year calendar period. In addition, the area must 
continue to show attainment through the date that we promulgate the 
redesignation in the Federal Register.
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    \1\ Refer to EPA's September 4, 1992, John Calcagni policy 
memorandum entitled ``Procedures for Processing Requests to 
Redesignate Areas to Attainment.''
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    Utah's CO redesignation request for the Ogden City area is based on 
an analysis of quality assured ambient air quality monitoring data that 
are relevant to the redesignation request. As presented in section 
IX.C.8.c of the State's maintenance plan, ambient air quality 
monitoring data for calendar years 1991 through 1996 show a measured 
exceedance rate of the CO NAAQS of 1.0 or less per year, per monitor, 
in the Ogden City nonattainment area. Due to a lease cancellation, the 
State was unable to collect monitoring data for the 1993/1994 winter 
season. However, EPA finds this lack of data for the 1993/1994 winter 
season to be unimportant because monitoring data show the area had no 
exceedances of the CO standard from the fall of 1994 forward.
    All of the data discussed above 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 our Aerometric Information and 
Retrieval System (AIRS) national database. Further information on CO 
monitoring is presented in section IX.C.8.c of the maintenance plan and 
in the State's Technical Support Document (TSD). We have evaluated the 
ambient air quality data and have determined that the Ogden City area 
has not violated the CO standard and continues to demonstrate 
attainment. Therefore, the Ogden City area has met the first component 
for redesignation: demonstration of attainment of the CO NAAQS. We note 
too that the State of Utah has also committed, in section IX.C.8.c (5) 
of the maintenance plan, to continue the operation of the CO monitoring 
site in compliance with all applicable federal regulations and 
guidelines.
    (b). Redesignation Criterion: The Area Must Have Met All Applicable 
Requirements Under Section 110 And Part D Of The CAA.
    To be redesignated to attainment, section 107(d)(3)(E)(v) requires 
that an area must meet all applicable requirements under section 110 
and part D of the CAA. We interpret section 107(d)(3)(E)(v) to mean 
that for a redesignation to be approved by us, 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. In our 
evaluation of a redesignation request, we don't need to consider other 
requirements of the CAA that became due after the date of the 
submission of a complete redesignation request.

1. CAA Section 110 Requirements

    On August 15, 1984, we approved revisions to Utah's SIP as meeting 
the requirements of section 110(a)(2) of the CAA (see 45 FR 32575). 
Although section 110 of the CAA was amended in 1990, most of the 
changes were not substantial. Thus, we have 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. In 
addition, we have analyzed the SIP elements that we are approving as 
part of this action and we have determined they comply with the 
relevant requirements of section 110(a)(2).

2. Part D Requirements

    The Ogden City area was originally designated as nonattainment for 
CO on

[[Page 14080]]

March 3, 1978 (see 43 FR 8962). On September 20, 1982, the Governor 
submitted to EPA revisions to the SIP, however, EPA could only 
partially approve this submittal as deficiencies were noted in the 
transportation control plan and there was a lack of legislative 
authority to adopt and enforce an I/M program. After rectifying these 
deficiencies, the Governor submitted a SIP revision on February 6, 
1984, that was approved by EPA on August 15, 1984 (see 49 FR 32575). 
The 1984 SIP element's emission control plan was based on emission 
reductions from the Federal Motor Vehicle Control Program (FMVCP), 
Automobile Inspection and Maintenance Program (I/M), and transportation 
improvements. The anticipated date for attaining the 8-hour CO NAAQS 
was December 31, 1987.
    Through a letter dated May 26, 1988, we notified the Governor of 
Utah that the Ogden City area did not attain the CO NAAQS by the end of 
1987. This letter stated that Utah was to address deficiencies in the 
SIP and that the State would also have to address requirements in our 
forthcoming post-1987 policy for carbon monoxide.
    EPA did not finalize its post-1987 policy for carbon monoxide 
because the Clean Air Act (CAA) was amended on November 15, 1990. Under 
section 186 of the CAA, Ogden City was designated nonattainment for CO, 
was classified as ``moderate'' with a design value of less than 12.7 
parts per million (ppm), and was required to attain the CO NAAQS by 
December 31, 1995. See 56 FR 56694, November 6, 1991. Based on ambient 
air quality monitoring data, as described further in section III(a) 
above, the Ogden City area attained the CO NAAQS in 1992.
    Before the Ogden City CO nonattainment area may be redesignated to 
attainment, the State must have fulfilled the applicable requirements 
of part D of the CAA. 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 the area is classified or nonclassifiable 
for CO.
    The relevant Subpart 1 requirements are contained in sections 
172(c) and 176. Our General Preamble (see 57 FR 13498, April 16, 1992) 
provides EPA's interpretations of the CAA requirements for moderate CO 
areas with design values of less than 12.7 ppm.
    Under section 172(b), the applicable section 172(c) requirements, 
as determined by the Administrator, were due November 15, 1992, for the 
Ogden City nonattainment area. As the Ogden City CO redesignation 
request and maintenance plan were not submitted by the Governor until 
well after November 15, 1992 (actually, December 9, 1996), the General 
Preamble (see 57 FR 13529) provides that the applicable requirements of 
CAA section 172 were 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). We interpret 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 for the 
Implementation of Title I of the Clean Air Act Amendments of 1990 (57 
FR 13564, 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 51.396) require that states 
adopt transportation conformity provisions in their SIPs for areas 
designated nonattainment or subject to an EPA-approved maintenance 
plan, we have 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.)
    The applicable requirements of CAA section 172 are discussed below.
A. 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 Ogden 
City nonattainment area. As stated below for CAA section 187(a)(1), the 
Governor submitted a 1990 base year emissions inventory for Ogden City 
on July 11, 1994. We approved this 1990 base year CO emissions 
inventory on June 29, 1995 (see 60 FR 33745).
B. 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). The State also has a fully 
approved Prevention of Significant Deterioration (PSD) program (56 FR 
29436, June 27, 1991) that will apply after the redesignation to 
attainment is approved by us.
C. Section 172(c)(7)--Compliance With CAA Section 110(a)(2): Air 
Quality Monitoring Requirements
    According to our interpretations presented in the General Preamble 
(57 FR 13498), CO nonattainment areas are to meet the ``applicable'' 
air quality monitoring requirements of section 110(a)(2) of the CAA as 
explicitly set forth in sections 172(b) and (c) of the CAA. With 
respect to this requirement, the State indicates in section IX.C.8.c of 
the maintenance plan (``Carbon Monoxide Monitoring''), that ambient CO 
monitoring data have been properly collected and uploaded to EPA's 
Aerometric Information and Retrieval System (AIRS) for the Ogden City 
area. Air quality data through 1996 are included in section IX.C.8.c of 
the maintenance plan and in the State's TSD. We recently polled the 
AIRS database and verified that the State has also uploaded additional 
ambient CO data through 1999. The data in AIRS indicate that the Ogden 
City area has shown, and continues to show, attainment of the CO NAAQS. 
Information concerning CO monitoring in Utah is included in the 
Monitoring Network Review (MNR) prepared by the State and submitted to 
EPA. Our personnel have concurred with Utah's annual network reviews 
and have agreed that the Ogden City network remains adequate. Finally, 
in section IX.C.8.c(5) of the maintenance plan, the State commits to 
the continued operation of the existing CO monitor, according to all 
applicable Federal regulations and guidelines, even after the Ogden 
City area is redesignated to attainment for CO.
    The new CAAA of 1990 requirements for moderate CO areas, such as 
Ogden City, required that the SIP be revised to include a 1990 base 
year emissions inventory (CAA section 187(a)(1)), corrections to 
existing motor vehicle

[[Page 14081]]

inspection and maintenance (I/M) programs (CAA section 187(a)(4)), 
periodic emission inventories (CAA section 187(a)(5)), and the 
implementation of an oxygenated fuels program (CAA section 211(m)(1)). 
How the State met these requirements and our approvals, are described 
as follows:
D. Section 187(a)(1)--1990 Base Year Emissions Inventory
    The Governor submitted a 1990 base year emissions inventory for 
Ogden City on July 11, 1994. We approved this 1990 base year CO 
emissions inventory on June 29, 1995 (see 60 FR 33745).
E. Section 187(a)(4)--Corrections to the Ogden City Basic I/M Program
    On November 13, 1993, the Governor submitted revisions to the Utah 
basic I/M program portion of its SIP which included the program in 
Ogden City. We approved these basic I/M program revisions on July 17, 
1997 (see 62 FR 38213).
F. Section 187(a)(5)--Periodic Emissions Inventories
    As the Governor did not submit a complete redesignation request and 
maintenance plan before September 30, 1995, a periodic emission 
inventory (for calendar year 1993) was required for Ogden City. On 
November 12, 1997, the Governor submitted a SIP revision for a 1993 
periodic emission inventory for Ogden City. We approved this revision 
on April 14, 1998 (see 63 FR 18122).
G. Section 211(m)--Oxygenated Gasoline Program
    Section 211(m) of the CAA required an oxygenated gasoline program 
in the Ogden City nonattainment area and surrounding Consolidated 
Metropolitan Statistical Area (CMSA). On May 19, 1994, the Governor 
submitted Utah's Oxygenated Gasoline Program, contained in Rule R307-8, 
effective December 16, 1993. We approved this SIP revision on November 
8, 1994 (see 59 FR 55585). We are approving revisions to the Oxygenated 
Gasoline Program as part of this action. See section V below.
    (c). 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).
    As noted above, EPA previously approved (or sufficiently explained 
otherwise) SIP revisions based on the pre-1990 CAA as well as SIP 
revisions required under the 1990 amendments to the CAA. In this 
action, we are approving revisions to Rule R307-8 ``Oxygenated Gasoline 
Program'' and the State's commitment to maintain an adequate monitoring 
network (contained in section IX.C.8.c of the maintenance plan.) Thus, 
we have fully approved the Ogden City CO SIP under section 110(k) of 
the CAA.
    (d). 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, implementation of applicable Federal air pollutant 
control regulations, and other permanent and enforceable reductions.
    The CO emissions reductions for Ogden City, that are further 
described in sections IX.C.8.d ``Verification of Air Quality 
Improvements'' of the December 9, 1996, Ogden City maintenance plan, 
were achieved primarily through the Federal Motor Vehicle Control 
Program (FMVCP), and a Basic motor vehicle Inspection and Maintenance 
(I/M) program with improvements.
    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 Ogden City. 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.8.d of the maintenance plan, significant 
additional emission reductions were realized from Ogden City's basic I/
M program. Utah's rule UACR R307-2-34 incorporates by reference Section 
X, part E of the Utah State Implementation Plan (Vehicle Inspection and 
Maintenance Program, Weber County) which contains a full description of 
the requirements for Ogden City's I/M program. We note that further 
improvements to the Ogden City area's basic I/M program were 
implemented in July, 1994, to meet the requirements of EPA's November 
5, 1992 (57 FR 52950) I/M rule and were approved by us into the SIP on 
July 17, 1997 (62 FR 38213).
    We have evaluated the various State and Federal control measures, 
the original 1990 base year emission inventory (see 60 FR 33745, June 
29, 1995), and the 1993 attainment year emission inventory (see 63 FR 
18122, April 14, 1998), and have concluded that the improvement in air 
quality in the Ogden City nonattainment area has resulted from emission 
reductions that are permanent and enforceable.
    (e). 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.
    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, we 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

[[Page 14082]]

maintenance plan for the Ogden City nonattainment area because we have 
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. Our analysis of the pertinent 
maintenance plan requirements, with reference to the Governor's 
December 9, 1996, submittal, is provided as follows:

1. 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 our 
interpretations, areas seeking to redesignate to attainment for CO may 
demonstrate future maintenance of the CO 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 Ogden City 
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 Ogden 
City area. These inventories include emissions from stationary point 
sources, area sources, non-road mobile sources, and on-road mobile 
sources. The State selected 1992 as the year from which to develop the 
attainment year inventory and included interim-year projections out to 
2007. More detailed descriptions of the 1992 attainment year inventory 
and the projected inventories are documented in the maintenance plan, 
sections IX.C.8.e and IX.C.8.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 1992 attainment year and the interim projected years are provided 
in Table III.--1 below.

                      Table III.-1--Summary of CO Emissions in Tons Per Day for Ogden City
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                                                              1992       1997       2000       2003       2007
----------------------------------------------------------------------------------------------------------------
Point Sources............................................      N/D**        N/D        N/D        N/D        N/D
Area Sources.............................................       5.96       6.34       6.62       6.81       7.07
Non-Road Mobile Sources..................................       0.93       1.09       1.13       1.18       1.24
On-Road Mobile Sources...................................      63.93      46.52      42.26      37.67      36.71
                                                          ------------------------------------------------------
    Total................................................      70.82      53.95      50.01      45.66     45.02
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Note: N/D** = Negative Declaration; no point sources equal to or greater than 100 TPY.

2. Demonstration of Maintenance--Projected Inventories

    As noted above, total CO emissions were projected by the State 
year-by-year from 1993 through 2007. These projected inventories were 
prepared in accordance with EPA guidance (further information is 
provided in section IX.C.8.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 now needs to 
project emissions to at least 2010, not just 2007. To address this 
issue, EPA consulted with the State to identify the specific materials 
that were provided at the Ogden City 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 Ogden 
City CO redesignation Technical Support Document (TSD) that provided 
additional projected CO daily emissions for all years from 1993 through 
2017. 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 Ogden City 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 1992 attainment level during 
the time period 1993 through 2010 and, therefore, the Ogden City area 
has satisfactorily demonstrated maintenance. EPA has also extracted 
daily projected CO emissions for 2011 in the event that publication of 
this action in the Federal Register is delayed until early 2001. The 
additional projected CO daily emissions for 2008, 2009, 2010, and 2011 
are provided in the Table III.--2 below:

                      Table III.-2--Summary of CO Emissions in Tons Per Day for Ogden City
----------------------------------------------------------------------------------------------------------------
                                                              1992       2008       2009       2010       2011
----------------------------------------------------------------------------------------------------------------
Point Sources............................................      N/D**        N/D        N/D        N/D        N/D
Area Sources.............................................       5.96       7.13       7.20       7.26       7.31
Non-Road Mobile Sources..................................       0.93       1.26       1.28       1.29       1.31
On-Road Mobile Sources...................................      63.93      37.52      38.17      38.80      39.46
                                                          ------------------------------------------------------
    Total................................................      70.82      45.91      46.65      47.35     48.08
----------------------------------------------------------------------------------------------------------------
Note: N/D** = Negative Declaration; no point sources equal to or greater than 100 TPY.

3. Monitoring Network and Verification of Continued Attainment

    Continued attainment of the CO NAAQS in the Ogden City 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 
maintenance plan. In section IX.C.8.c(5) of the maintenance plan, the 
State commits to continue the operation of the CO monitor in the Ogden 
City area

[[Page 14083]]

and to annually review this monitoring network and make changes as 
appropriate. Also, in section IX.C.8.i(1), the State commits to prepare 
a periodic emission inventory of CO emissions every three years after 
the maintenance plan is approved by EPA. With this action, we are 
approving these commitments as satisfying relevant requirements. Our 
approval renders the State's commitments federally enforceable.

4. 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.8.h of the maintenance plan, the contingency measures for 
the Ogden City area will be initially triggered by an exceedance of the 
CO NAAQS. Upon a violation of the CO NAAQS, (i.e., the second non-
overlapping 8-hour average ambient CO measurement that exceeds 9 ppm at 
a single monitoring site during one calendar year, or the second one-
hour average ambient CO measurement that exceeds 35 ppm at a single 
monitoring site during one calendar year) the Director of the Utah 
Division of Air Quality (UDAQ) will provide written notification to the 
Weber-Morgan District Board of Health. Contingency measures will be 
implemented one year after such notification is given by the Director 
of UDAQ.
    The potential contingency measures that are identified in section 
IX.C.8.h.(3) of the Ogden City maintenance plan include an Employer-
Based Trip Reduction Program, Basic Inspection and Maintenance Program 
Improvement, and a 2.7 % Oxygenated Gasoline Program.\2\ A more 
complete description of the triggering mechanism and these contingency 
measures can be found in section IX.C.8.h of the maintenance plan.
---------------------------------------------------------------------------

    \2\ With this redesignation request, the State is seeking to 
remove the oxygenated Gasoline Program from the SIP as a control 
measure and make it a continglency measure. We are approving this 
change through our approval of the maintenance plan and the 
revisions to Utah Rule R307-8 because the area does not need the 
Oxygenated Gasoline Program to show maintenance of the CO NAAQS.
---------------------------------------------------------------------------

    Based on the above, we find that the contingency measures provided 
in the State's maintenance plan are sufficient and meet the 
requirements of section 175A(d) of the CAA.

5. Subsequent Maintenance Plan Revisions

    In accordance with section 175A(b) of the CAA, Utah has committed 
to submit a revised maintenance plan SIP revision eight years after the 
approval of the redesignation. This provision for revising the 
maintenance plan is contained in section IX.C.8.i(4) of the Ogden City 
maintenance plan.

IV. EPA's Evaluation of the Transportation Conformity Requirements

    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 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 
62193-62196 and 62 FR 43780 et seq.) and in the sections of the rule 
referenced above.
    The maintenance plan discusses the emissions budget in section IX, 
parts C.8.f (1) and (2). Section IX, part C.8.f.(1), page 143 states 
that ``the Utah Air Quality Board established the conformity CO 
planning cap at 55 Tons CO/winter week day to the year 2017.'' Section 
IX, part C.8.f.(2), page 144 states that ``emission budgets for the 
respective source categories, including on-road mobile sources, for the 
years 1992 through 2007 have been taken from the projection inventories 
for those years and are presented in Table IX.C.42.'' (With the 
exception of the 1992 attainment year budget, these budgets are all 
lower than 55 tons per day.) Later on this same page, the maintenance 
plan states that ``The CO projection of motor vehicle emissions in the 
maintenance plan establishes the motor vehicles emission budget beyond 
the attainment year to the horizon year 2017. Conformity CO planning 
cap = 55.00 Tons CO/winter week day.''
    EPA was concerned that the maintenance plan was not clear as to 
whether the 55 ton budget or the budgets in Table IX.C.42 were intended 
to apply during the 1993-2007 period. We also note that the maintenance 
plan uses some of the ``safety margin'' in establishing the 55 ton per 
day emission budget. EPA defines the safety margin as the amount by 
which total emissions in any given year are less than the total 
emissions which provide for attainment of the CO standard. No safety 
margin calculations are documented in the maintenance plan, but it 
appears that the State has added some of the safety margin to the 
budgets listed in Table IX.C.42 to arrive at the final budget of 55 
tons per day.
    In a letter dated July 17, 2000, from Richard Long, Director, Air 
and Radiation Program, EPA Region VIII, to Ursula Kramer, Director, 
Division of Air Quality, Utah Department of Environmental Quality, we 
asked the State to clarify the applicability of the various budgets, 
provide calculations to address how the 55 ton per day budget was 
arrived at, show how the safety margin was calculated and how much was 
being used, and document the validity of the 55 ton per day budget when 
considered with emissions from other (non--mobile) emission categories.
    The State responded to our request in a letter dated September 11, 
2000, from Rick Sprott, Acting Director, Division of Air Quality, Utah 
Department of Environmental Quality to Richard Long, EPA that 
adequately addressed all our concerns regarding the mobile source 
conformity emission budgets.
    Pursuant to the State's request, EPA is approving the mobile source 
emission budgets listed in Table IX.C.42, and as presented in Table IV-
1 below, as the applicable emission budgets for the years 1993-2007. 
These budgets are based on the mobile source emission projections for 
those years, and do not include any safety margin.

[[Page 14084]]



                                                  Table IV.--1
----------------------------------------------------------------------------------------------------------------
                       Year                          1993     1994     1995     1996     1997     1998     1999
----------------------------------------------------------------------------------------------------------------
Mobile Source Emissions in tons per day of CO....    54.03    54.22    51.01    47.74    46.52    45.17    44.16
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                  Year                      2000     2001     2002     2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
Mobile Source Emissions in tons per day     42.26    39.97    39.21    37.67    36.47    35.92    36.14    36.71
 of CO..................................
----------------------------------------------------------------------------------------------------------------

    EPA is also approving the 55 ton per day emission budget for the 
years 2008 and beyond. This budget is consistent with attainment and 
maintenance of the CO standard; that is, this budget, in combination 
with all other sources of emissions, results in total emissions lower 
than the attainment emissions inventory of 70.82 tons per day in each 
year from 2008 onward. The State has documented its use of the safety 
margin in developing this budget.
    The State discusses the potential allocation of year-by-year 
emission credits in section (3), ``Emissions Credit Allocation,'' on 
page 144, section IX, part C.8.f of the maintenance plan. Section (3) 
states that ``The emissions credit, or any portion of the emissions 
credit may be allocated to any source category contributing to the 
inventory; i.e., area sources, non-road mobile sources, or on-road 
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 for 
additional safety margin to be used for transportation conformity 
determinations, or for any of the safety margin to be used 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 emission budget or any other budget (apart from 
establishing the 2008 and beyond 55 ton per day motor vehicle budget, 
which uses some of the safety margin). 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 remaining safety margin may not be used for 
conformity determinations or any other purpose. All conformity 
determinations must demonstrate conformity with the emission budgets in 
the maintenance plan as cited above. 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.8.f.(3) of the maintenance plan.

V. EPA's Evaluation of the Revisions to Rule R307-8, Oxygenated 
Gasoline Program

    Utah's Rule R307-8 is entitled ``Oxygenated Gasoline Program.'' In 
this action, we are approving Utah's July 8, 1998, revisions to R307-8, 
as adopted by the UAQB on April 21, 1998, and State effective on April 
22, 1998, and note that these revisions supersede and replace the 
version of R307-8 that we approved on November 8, 1994 (see 59 FR 
55585). We note that the Governor submitted several other revisions to 
R307-8 prior to July 8, 1998, that we never approved and that the 
Governor's July 8, 1998, submittal also supersedes and replaces these 
other revisions to R307-8. The revisions we are approving remove the 
Oxygenated Gasoline Program from the SIP as a control measure and 
instead make it a contingency measure. The area does not need the 
Oxygenated Gasoline Program to show maintenance, and thus, it may be 
removed from the SIP as a control measure.

VI. Final Action

    In this action, EPA is approving the Ogden City carbon monoxide 
redesignation request, maintenance plan, and the revisions to Rule 
R307-8.
    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, we are 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 May 8, 2001 
without further notice unless the Agency receives adverse comments by 
April 9, 2001.
    If EPA receives such comments, then we 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 May 8, 2001 and no further action will be 
taken on the proposed rule.

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 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 
Executive Order 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 or safety effects of

[[Page 14085]]

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 Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

(c) Executive Order 13084

    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 
13084 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. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

(d) Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

(e) Regulatory Flexibility

    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 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 regulatory 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 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 sections 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, result from this action.

(g) Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 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 the 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

[[Page 14086]]

States prior to publication of the rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2). This rule will be effective May 8, 2001 unless EPA 
receives adverse written comments by April 9, 2001.

(h) National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

(i) 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 May 8, 2001. 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 in 40 CFR Part 52

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

List of Subjects in 40 CFR Part 81

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

    Dated: October 4, 2000.
William P. Yellowtail,
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)(45 ) to read 
as follows:


Sec. 52.2320  Identification of plan.

* * * * *
    (c) * * *
    (45) Revisions to the Utah State Implementation Plan, Section IX, 
Control Measures for Area and Point Sources, Part C, Carbon Monoxide 
(``Carbon Monoxide Maintenance Provisions for Ogden City'') as 
submitted by the Governor on December 9, 1996, excluding section IX, 
part C.8.f.(3) of the plan, ``Emissions Credit Allocation,'' as EPA is 
not taking any action on that section of the plan. UACR R307-8; 
Oxygenated Gasoline Program as submitted by the Governor on July 8, 
1998.
    (i) Incorporation by reference.
    (A) UACR R307-2-12, section IX, part C of the Utah State 
Implementation Plan (SIP), adopted by the Utah Air Quality Board on 
August 7, 1996, and September 4, 1996, effective November 1, 1996. 
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.8 (except for section IX, part C.8.f.(3)), 
``Carbon Monoxide Maintenance Provisions for Ogden City,'' adopted by 
Utah Air Quality Board on August 7, 1996, and September 4, 1996, 
effective November 1, 1996.
    (B) UACR R307-8, Oxygenated Gasoline Program, as adopted by the 
Utah Air Quality Board on April 21, 1998, effective April 22, 1998.
    (ii) Additional materials.
    (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) July 17, 2000, letter from Richard Long, Director, Air and 
Radiation Program, EPA Region VIII, to Ursula Kramer, Director, Utah 
Division of Air Quality, Department of Environmental Quality, entitled 
``Federal Register Action for the Ogden City Carbon Monoxide (CO) 
Redesignation--Resolution of Issues with the Conformity Budgets.''
    (C) September 11, 2000, letter from Rick Sprott, Acting Director, 
Utah Division of Air Quality, Department of Environmental Quality, to 
Richard Long, Director, Air and Radiation Program, EPA Region VIII, 
entitled ``DAQP-131-00; Ogden City Carbon Monoxide (CO) Redesignation--
Resolution of Issues with the Conformity Budgets.'' This letter 
provided clarification regarding the transportation conformity budgets 
in section IX.C.8 of the Ogden City maintenance plan SIP revision.

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 ``Ogden Area'' to read as follows:


Sec. 81.345  Utah.

* * * * *

                                              Utah--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                                     Designation                          Classification
          Designated area          -----------------------------------------------------------------------------
                                           Date \1\                 Type             Date \1\          Type
----------------------------------------------------------------------------------------------------------------
Ogden Area, Weber County (part),    May 8, 2001..........  Attainment...........  ..............  ..............
 City of Ogden.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.


[[Page 14087]]

* * * * *
[FR Doc. 01-5852 Filed 3-8-01; 8:45 am]
BILLING CODE 6560-50-P