[Federal Register Volume 67, Number 208 (Monday, October 28, 2002)]
[Rules and Regulations]
[Pages 65713-65718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27237]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Docket  ID-02-001; FRL-7398-1]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Idaho; Northern Ada County Carbon Monoxide Redesignation to 
Attainment and Designation of Areas for Air Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On January 17, 2002, the State of Idaho requested EPA to 
redesignate the Northern Ada County ``not classified'' carbon monoxide 
(CO) nonattainment area to attainment for the CO National Ambient Air 
Quality Standard (NAAQS) and submitted a CO maintenance plan for 
Northern Ada County. In this action, EPA is approving the maintenance 
plan and redesignating the Northern Ada County CO nonattainment area to 
attainment.

DATES: This direct final rule will be effective December 27, 2002, 
unless EPA receives adverse comments by November 27, 2002. If relevant 
adverse comments are received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect. Please note that if EPA receives 
relevant adverse comment on an amendment, paragraph or section of this 
rule and if that provision may be severed from the remainder of the 
rule, EPA may adopt as final those provisions of the rule that are not 
the subject of a relevant adverse comment.

ADDRESSES: Written comments may be mailed to: Steve Body, State and 
Tribal Programs Unit, Office of Air Quality, EPA Region 10, 1200 Sixth 
Avenue, Seattle, WA 98101.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the United States 
Environmental Protection Agency, Region 10, Office of Air Quality, 1200 
Sixth Avenue, Seattle WA.

FOR FURTHER INFORMATION CONTACT: Steve Body, State and Tribal Programs 
Unit, Office of Air Quality, EPA Region 10, 1200 Sixth Avenue, Seattle 
WA., 98101, Telephone number: (206) 553-0782.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the purpose of this action?
II. What is the State's process to submit these materials to EPA?
III. EPA's Evaluation of the Redesignation Request and Maintenance 
Plan
    (a) The Area Must have Attained the Carbon Monoxide NAAQS
    (b) The Area Must Have Met All Applicable Requirements Under 
Section 110 and Part D
    1. CAA Section 110 Requirements
    2. Part D Requirements
    A. Section 172(c)(3)--Emissions Inventory
    B. Section 172(c)(5)--New Source Review (NSR)
    C. Section 172(c)(7)--Compliance With CAA section 110(a)(2): Air 
Quality Monitoring Requirements
    (c) The Area Must Have a Fully Approved SIP Under Section 110(k) 
of the CAA
    (d) The Area Must Show the Improvement in Air Quality is Due to 
Permanent and Enforceable Emission Reductions.
    (e) The Area Must Have A Fully Approved Maintenance Plan Under 
CAA Section 175A
    1. Emissions Inventory--Attainment Year
    2. Demonstration of maintenance
    3. Monitoring Network and Verification of Continued Attainment
    4. Contingency Plan
IV. Conformity
V. Final Action
VI. Administrative Requirements

I. What Is the Purpose of This Action?

    EPA is redesignating the Northern Ada County ``not classified'' CO 
nonattainment area from nonattainment to attainment and approving the 
maintenance plan that will keep the area in attainment for the next 10 
years.
    EPA originally designated the Northern Ada County area as 
nonattainment for CO under the provisions of the 1977 Clean Air Act 
(CAA) Amendments (see 43 FR 8962, March 3, 1978). 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 CAA, the Northern Ada County area was designated 
nonattainment for CO by operation of law because the area had been 
designated as nonattainment before November 15, 1990. The Northern Ada 
County area is classified as an unclassified, or ``not classified'' CO 
nonattainment area because there were no violations of the CO standard 
in 1988 or 1989 prior to the 1990 Clean Air Act Amendments.
    Nonattainment areas can be redesignated to attainment after the 
area has measured air quality data showing it has attained the NAAQS 
and when certain planning requirements are met. Section 107(d)(3)(E) of 
the CAA provides the requirements for redesignation. These are:
    (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 section 110(k) of the Act;
    (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, 
applicable Federal air pollution 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 the area has met all requirements 
applicable to the area under section 110 and part D of the CAA.
    Before an area can be redesignated to attainment, all applicable 
State Implementation Plan (SIP) elements must be fully approved.

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

    The CAA requires States to follow certain procedural requirements 
for submitting SIP revisions to EPA. Section 110(a)(2) of the CAA 
requires that each SIP revision be adopted by the State after 
reasonable notice and public hearing. The State then submits the SIP 
revision to EPA for approval.
    The Idaho Department of Environmental Quality (IDEQ), which has 
regulatory authority for sources of air pollution in the Northern Ada 
County CO nonattainment area, developed the CO maintenance plan. On 
October 23, 2001, IDEQ notified the public of the public hearing on the 
plan. On November 27, 2001 IDEQ held the public hearing at their 
offices in Boise, Idaho. On January 17, 2002, the State of Idaho 
adopted the Limited Maintenance Plan for the Northern Ada County Carbon 
Monoxide Not-Classified Nonattainment area. On January 17, 2002, the 
State submitted the proposed SIP to EPA. EPA has determined that

[[Page 65714]]

the State met the requirements for reasonable notice and public hearing 
under section 110(a)(2) of the CAA.

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

    EPA has reviewed the State's maintenance plan and redesignation 
request and is approving the maintenance plan and redesignating the 
area to attainment consistent with the requirements of CAA section 
107(d)(3)(E). The following is a summary of EPA's evaluation and a 
description of how each requirement is met.
(a) The Area Must Have Attained the Carbon Monoxide NAAQS
    Section 107(d)(3)(E)(i) requires that the Administrator determine 
that the area has attained the applicable NAAQS. The primary NAAQS for 
CO is 9 parts per million (ppm) (10 milligrams per cubic meter) for an 
8-hour average, not to be exceeded more than once per year as 
determined at each monitoring site in the area. CO in the ambient air 
is measured by a reference method based on 40 CFR part 50, Appendix C. 
EPA considers an area as attaining the CO NAAQS when all of the CO 
monitors in the area have an exceedance rate of 1.0 or less each 
calendar year over a two-calendar year period. (See 40 CFR 50.8 and 40 
CFR part 50 Appendix C.) EPA's interpretation of this requirement is 
that an area seeking redesignation to attainment must show attainment 
of the CO NAAQS for at least two consecutive calendar years (September 
4, 1992, John Calcagni policy memorandum ``Procedures for Processing 
Requests to Redesignate Areas to Attainment'' (``Calcagni 
Memorandum'')). In addition, the area must continue to show attainment 
through the date that EPA promulgates redesignation to attainment.
    Idaho's CO redesignation request for the Northern Ada County area 
is based on valid ambient air quality data. Ambient air quality 
monitoring data for calendar years 1987 through 2001 show a measured 
exceedance rate of the CO NAAQS of 1.0 or less per year at all 
monitoring sites. 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 
stored in EPA's Aerometric Information and Retrieval System (AIRS). 
These data have met minimum quality assurance requirements and have 
been certified by the State as being valid before being included in 
AIRS. EPA's evaluation of the ambient air quality data finds that the 
Northern Ada County area has not violated the CO standard since 1987.
(b) The Area Must Have Met All Applicable Requirements Under Section 
110 and Part D
    Section 107(d)(3)(E)(v) requires that an area must meet all 
applicable requirements under section 110 and part D of the CAA. EPA 
interprets this requirement to mean the State must meet all 
requirements that applied to the area prior to, or at the time of, the 
submission of a complete redesignation request.

1. CAA Section 110 Requirements

    On January 31, 1972, Idaho submitted the SIP to EPA. EPA approved 
the SIP on May 31, 1972. See 37 FR 10861. 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 1972 along 
with subsequent revisions that we have previously approved, continue to 
satisfy the requirements of section 110(a)(2). EPA has analyzed the SIP 
elements that are part of this action and determined they comply with 
the requirements of section 110(a)(2).

2. Part D Requirements

    The Northern Ada County area was originally designated as 
nonattainment for CO on March 3, 1978 (see 43 FR 8962). Idaho's CAA 
Part D initial plan for the Northern Ada County CO nonattainment area 
was submitted on January 31, 1980, and approved by EPA on October 23, 
1980. Idaho subsequently revised the nonattainment area plan and 
submitted that revision to EPA in 1984 and it was approved by EPA on 
June 5, 1985. A final revision was made to the plan and submitted to 
EPA June 29, 1994 and approved by EPA on December 1, 1994. See 59 FR 
61546.
    Prior to the 1990 CAA Amendments, EPA had begun development of its 
post-1987 policy for carbon monoxide; however, EPA did not finalize the 
post-1987 policy for CO because the Clean Air Act (CAA) was amended on 
November 15, 1990. Under section 107(d)(1)(C) of the CAA, the Northern 
Ada County area was by operation of law designated nonattainment for CO 
because the area had been previously designated nonattainment before 
November 15, 1990. In the November 6, 1991, Federal Register, (56 FR 
56694) the Northern Ada County area was classified as a ``not 
classified'' CO nonattainment area as the area had not violated the CO 
NAAQS in 1988 or 1989.
    Before the Northern Ada County ``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 not 
classified.
    The relevant Subpart 1 requirements are contained in sections 
172(c) and 176 of the Act. The April 16, 1992, General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990 (see 
57 FR 13498) (``General Preamble of April 16, 1992'') provides our 
interpretation of the CAA requirements for not classified CO areas (see 
specifically 57 FR 13535). The General Preamble of April 16, 1992, 
reads, ``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, November 6, 1991). In the case of the 
Northern Ada County area, the due date was November 15, 1993. Since the 
Northern Ada County CO redesignation request and maintenance plan were 
not submitted by Idaho until January 17, 2002, the General Preamble of 
April 16, 1992, 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). See 57 FR 13535, April 16, 1992.
    EPA has determined that the 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 
nonattainment areas. See 57 FR 13535, April 16, 1992.
    Section 176 of the CAA contains requirements related to conformity. 
Although federal regulations (see 40 CFR 51.396) require that states 
adopt

[[Page 65715]]

transportation conformity provisions in their SIPs for areas designated 
nonattainment or that are subject to a federally approved maintenance 
plan, EPA has determined 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 
our 1996 approval of the Boston carbon monoxide redesignation. (See 61 
FR 2918, January 30, 1996.)
    The remaining 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 
Northern Ada County CO nonattainment area. The emission inventory 
requirement for ``not classified'' CO nonattainment areas is detailed 
in the General Preamble of April 16, 1992. EPA has determined that an 
emissions inventory is required by CAA section 172(c)(3) regardless of 
air quality levels. An emissions inventory must be included as a 
revision to the SIP and was due three years from the time of the area's 
designation. For ``not classified'' CO areas, this date is 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).
    Idaho included in the January 17, 2002, proposed SIP revision, a 
Northern Ada County CO emission inventory for calendar year 1995. This 
year corresponds to the year used in calculating the design value 
contained in the SIP. The inventory has been reviewed by EPA and a copy 
of that review is in the docket to this action. EPA believes the 
inventory is comprehensive, accurate and current and meets the 
requirements of section 172(c)(3) of the CAA. It represents emissions 
that contributed to the design value in the plan. The design value 
shows that the area attains the CO standard. Therefore the emissions 
are at a level that would maintain the standard.
    The requirements of section 172(c)(3) are met.
B. Section 172(c)(5) New Source Review (NSR)
    The Clean Air Act Amendments of 1990 included revisions to the new 
source review (NSR) program requirements of the construction and 
operation of new and modified major stationary sources located in 
nonattainment areas. The Act requires states to amend their SIPs to 
reflect these revisions, but it did not require submittal of this 
element along with the other SIP elements. The Act established June 30, 
1992 as the submittal date for the revised NSR programs. See Section 
189(a) of the Act.
    In the General Preamble of April 16, 1992, EPA issued guidance for 
states to follow in the development of revised programs to meet the 
requirements of the 1990 Amendments. EPA guidance calls for states to 
implement their existing NSR programs during the interval preceding our 
formal approval of their revised NSR programs.
    The State of Idaho submitted to EPA on September 4, 1992, rules 
that met the requirements of the 1990 Clean Air Act Amendments and EPA 
approved those rules on July 23, 1993. See 58 FR 39445.
    The requirements of section 172(c)(5) are met.
C. Section 172(c)(7) Compliance With CAA Section 110(a)(2): Air Quality 
Monitoring Requirements
    According to the General Preamble of April 16, 1992, ``not 
classified'' CO nonattainment areas should meet the ``applicable'' air 
quality monitoring requirements of section 110(a)(2) of the CAA. The 
State of Idaho has operated a CO monitor in the Northern Ada County 
area since the early 1970's. In this proposed SIP revision, the State 
of Idaho further commits to operating the CO monitoring network into 
the future.
    The requirements of section 172(c)(7) are met.
(c) The Area Must Have a Fully Approved SIP Under Section 110(k) of the 
CAA
    Section 107(d)(3)(E)(ii) of the CAA provides 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, our prior approval of a SIP revision required under the 1990 
amendments to the CAA, and our approval of the State's commitment to 
maintain an adequate monitoring network, EPA has determined that, as of 
the date of this Federal Register action, Idaho has a fully approved CO 
SIP under section 110(k) for the Northern Ada County CO nonattainment 
area.
(d) The Area Must Show the Improvement in Air Quality Is Due to 
Permanent and Enforceable Emission 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 the Northern Ada County area were 
achieved through a number of control measures. The primary emission 
reductions are the result of the Federal Motor Vehicle Emission 
Standards and fleet turnover. These reductions will continue into the 
maintenance period for the Northern Ada County area. There are several 
additional control measures including transportation control measures 
(transit, rideshare and I&M), stationary source controls through the 
NSR program, and several voluntary measures. Lastly, there are 
woodstove curtailment programs designed for particulate matter control 
during episodes of poor air quality that will provide reduction in CO 
emissions.
    EPA has evaluated the various State and Federal control measures 
and the 1995 emission inventory, and we conclude that the improvement 
in air quality in the Northern Ada County nonattainment area has 
resulted from emission reductions that are permanent and enforceable.
(e) 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. 
For areas such as Northern Ada County that are utilizing EPA's limited 
maintenance plan approach, as detailed in the EPA guidance memorandum, 
``Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment 
Areas'' from Joseph Paisie, Group Leader, Integrated Policy and 
Strategies Group, Office of Air Quality and Planning Standards, dated 
October 6,

[[Page 65716]]

1995 (``Paisie Memorandum''), the maintenance plan demonstration 
requirement is considered to be satisfied for ``not classified'' areas 
if the monitoring data show the design value is at or below 7.65 ppm, 
or 85 percent of the level of the 8-hour CO NAAQS. The design value 
must be based on the 8 consecutive quarters of data. There is no 
requirement to project emissions or air quality over the maintenance 
period. EPA believes if the area begins the maintenance period at, or 
below, 85 percent of the level of the CO 8 hour NAAQS, the 
applicability of PSD requirements, the control measures already in the 
SIP, and Federal measures, should provide adequate assurance of 
maintenance over the initial 10-year maintenance period. In addition, 
the design value for the area must continue to be at or below 7.65 ppm 
until the time of final EPA action on the redesignation. The method for 
calculating the design value is presented in the June 18, 1990, EPA 
guidance memorandum entitled ``Ozone and Carbon Monoxide Design Value 
Calculations'', from William G. Laxton, Director of the OAQPS Technical 
Support Division, to Regional Air Directors.
    Eight years after redesignation to attainment, the State must 
submit a revised maintenance plan that demonstrates continued 
maintenance of the CO NAAQS for an additional 10 years 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.
    The analysis of the pertinent maintenance plan requirements 
follows:

1. Emissions Inventory--Attainment Year

    The plan must contain an attainment year emissions inventory to 
identify the level of emissions in the area which is sufficient to 
attain the CO NAAQS. This inventory is to be consistent with EPA's most 
recent guidance on emissions inventories for nonattainment areas 
available at the time \1\ and should represent emissions during the 
time period associated with the monitoring data showing attainment. The 
Northern Ada County CO maintenance plan contains an accurate, current, 
and comprehensive emission inventory for calendar year 1995.
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    \1\ The October 6, 1995, limited maintenance plan guidance 
memorandum states that current guidance on the preparation of 
emissions inventories for CO areas is contained in the following 
documents: ``Procedures for the Preparation of Emission Inventories 
for Carbon Monoxide and Precursors of Ozone: Volume I'' (EPA-450/4-
91-016), and ``Procedures for Emission Inventory Preparation: Volume 
IV, Mobile Sources'' (EPA-450/4-81-026d revised).
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2. Demonstration of Maintenance

    As described in the Paisie Memorandum, the maintenance plan 
demonstration requirement is considered to be satisfied for ``not 
classified'' CO areas if the design value for the area is equal to, or 
less than 7.65 ppm. The CO design value for 1995 for the Northern Ada 
County area is 7.4 ppm, and the design value for 1996 is 4.9 ppm both 
of which are below the limited maintenance plan requirement of 7.65 
ppm. Therefore, the Northern Ada County area has adequately 
demonstrated maintenance.

3. Monitoring Network and Verification of Continued Attainment

    Continued ambient monitoring of an area is required over the 
maintenance period. Section VI(C) of the Northern Ada County CO 
maintenance plan provides for continued ambient monitoring in the area.

4. Contingency Plan

    The Northern Ada County CO Limited Maintenance plan contains a 
contingency plan that would institute an oxygenated fuels program or 
other equivalent transportation control measure. The contingency plan 
is triggered either when an exceedance of the level of the 8 hour 
standard is recorded and any monitor, or when a monitor records non-
overlapping 8 hour CO concentrations of 8 parts per million (ppm) on 4 
or more days within a single winter season within the nonattainment 
area. EPA finds that the contingency measures provided in the 
maintenance plan are adequate to ensure prompt correction of a 
violation.

IV. Conformity

A. How Is Transportation Conformity Demonstrated to a Limited 
Maintenance Plan?

    Section 176(c) of the Act defines transportation conformity as 
conformity to the SIP's purpose of eliminating or reducing the severity 
and number of violations of the NAAQS and achieving expeditious 
attainment of such standards. Also, the Act states that no Federal 
transportation activity will: (1) Cause or contribute to any new 
violation of any standard in any area, (2) increase the frequency or 
severity of any existing violation of any standard in any area, or (3) 
delay timely attainment of any standard or any required interim 
emission reductions or other milestones in any area.
    The Federal Transportation Conformity Rule, 40 CFR parts 51 and 93, 
applies to all nonattainment and maintenance areas. As prescribed by 
the conformity rule, once an area has an applicable state 
implementation plan with motor vehicle emissions budgets, the expected 
emissions from planned transportation activities must be consistent 
with (``conform to'') such established budgets for that area. In the 
case of the Northern Ada County CO limited maintenance plan, however, 
the emissions budgets may be treated as essentially not constraining 
for the length of the initial maintenance period because there is no 
reason to expect that Northern Ada County will experience so much 
growth in that period that a violation of the CO air quality standard 
would result. In other words, emissions from on-road transportation 
sources need not be capped for the maintenance period because it is 
unreasonable to believe that emissions from such sources would increase 
to a level that would threaten the air quality in this area for the 
duration of this maintenance period.
    Therefore, for the Northern Ada County CO maintenance area all 
federally funded and approved transportation actions that require 
conformity determinations under the transportation conformity rule can 
already be considered to satisfy the regional emissions analysis and 
``budget test'' requirements in 40 CFR 93.118 of the rule. However, 
since Northern Ada County is still a maintenance area, transportation 
conformity determinations are still required for transportation plans, 
programs, and projects. Specifically, for such determinations, 
transportation plans, TIPs, and projects must still demonstrate that 
they are fiscally constrained (40 CFR part 108) and must meet the 
criteria for consultation and TCM implementation in the conformity rule 
(40 CFR 93.112 and 40 CFR 93.113). In addition, projects in Northern 
Ada County will still have to meet the criteria for CO hot spot 
analyses (40 CFR 93.116 and 40 CFR 93.123) that must incorporate the 
latest planning assumptions and models that are available.

B. What Is the Adequacy Status of This Limited Maintenance Plan?

    On March 2, 1999, the United States Court of Appeals for the 
District of Columbia Circuit issued a decision on EPA's third set of 
conformity revisions in response to a case brought by the Environmental 
Defense Fund. This

[[Page 65717]]

decision stated that a conformity determination cannot be made using a 
submitted motor vehicle emission budget until EPA makes a positive 
determination that the submitted budget is adequate. In response to the 
court's decision, EPA issued guidance on our adequacy process on May 
14, 1999.
    In accordance with our guidance and the court decision, the 
Northern Ada County limited maintenance plan was posted for adequacy 
review of the motor vehicle emissions budget on March 20, 2002, on 
EPA's conformity Web site: http://www.epa.gov/otaq/traq, (once there, 
click on the ``Conformity'' button, then look for ``Adequacy Review of 
SIP Submissions for Conformity''). As a general rule, however, limited 
maintenance plans do not include budgets. Instead, the limited 
maintenance plan for Northern Ada County concludes that the area will 
continue to maintain the CO air quality standard regardless of the 
quantity of emissions from the on-road transportation sector; 
essentially, the budget is unlimited. Therefore, EPA's adequacy review 
of the Northern Ada County limited maintenance plan primarily focused 
on whether the area qualifies for the applicable limited maintenance 
policy for CO. From our review, EPA has concluded that Northern Ada 
County does meet the criteria for a limited maintenance plan, and 
therefore, is able to find this limited maintenance plan adequate for 
conformity purposes.

C. Are the Requirements for General Conformity Altered Under This 
Limited Maintenance Plan?

    No. Although the requirements to perform a regional emissions 
analysis and budget test under the transportation conformity rule are 
altered under a limited maintenance plan, the requirements for general 
conformity are not changed. Upon today's approval of the Northern Ada 
County limited maintenance plan, 40 CFR part 93, subpart B General 
Conformity Rules for federal actions still apply.

V. Final Action

    EPA is approving the Northern Ada County CO maintenance plan and 
redesignating the area to attainment.

VI. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 6, 2000). This action also does not have Federalism 
implications because it does 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 (64 
FR 43255, August 10, 1999). This action 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. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 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).
    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 December 27, 2002. 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, 
Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: October 10, 2002.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.


    Parts 52 and 81, chapter I, title 40 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.

[[Page 65718]]

Subpart N--Idaho

    2. Section 52.672 is added to Subpart N to read as follows:


Sec.  52.672  Approval of plans.

    (a) Carbon Monoxide. (1) EPA approves as a revision to the Idaho 
State Implementation Plan, the Limited Maintenance Plan for the 
Northern Ada County Carbon Monoxide Not-Classified Nonattainment Area, 
submitted by the State on January 17, 2002.
    (2) [Reserved].
    (b) Lead. [Reserved]
    (c) Nitrogen Dioxide. [Reserved]
    (d) Ozone. [Reserved]
    (e) Particulate Matter. [Reserved]
    (f) Sulfur Dioxide. [Reserved]

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.  81.313, the table entitled ``Idaho--Carbon Monoxide'' 
is amended by revising the entry for ``Boise--Northern Ada County'' to 
read as follows:


Sec.  81.313  Idaho.

* * * * *

                                                                 Idaho--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Designation                                           Classification
             Designated Area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Boise-Northern Ada County Area:
    The Boise-Ada County nonattainment       12/27/02  Attainment.
     area is described as follows:
     Beginning at a point in the center
     of the channel of the Boise River
     which the section line between
     sections fifteen (15) and sixteen
     (16), Township three (3) north,
     range four (4) east crosses said
     river; thence down the center of
     the channel of the Boise River to a
     point opposite the mouth of Mores
     Creek. Thence in a straight line
     north forty four (44) degrees and
     36 minutes west until the said line
     intersects the north line of
     Township five (5) north (12 Ter.
     Ses. 67); thence west to the
     northwest corner of Township five
     (5) north, range one (1) west;
     thence southerly to the northwest
     corner of Township three (3) north,
     range one (1) west; thence east to
     the northwest corner of Section
     four (4) township three (3) north,
     range one (1) west; thence south to
     the southeast corner of section
     thirty-two (32), township two (2)
     north, range one (1) west; thence,
     west to the northwest corner
     township one (1) north, range one
     (1) west; thence southerly to the
     southwest corner of township one
     (1) north, range one (1) west;
     thence east to the southwest corner
     of section thirty-three (33),
     township one (1) north, range four
     (4) east; thence in a northerly
     direction along the north and south
     centerline of township one (1), two
     (2) and three (3) north, range four
     (4) east, Boise Meridian, to a
     point in the center of the channel
     of the Boise River where the
     section line between section
     fifteen (15) and sixteen (16)
     township three (3) north, range
     four (4) east, Boise Meridian
     crosses said Boise River, the point
     of beginning.
 
                                                                      * * * * * * *
\1\ This date is November 15, 1990,
 unless otherwise noted.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 02-27237 Filed 10-25-02; 8:45 am]
BILLING CODE 6560-50-P