Approval and Promulgation of Air Quality Implementation Plans; States of Montana and Utah; Oxygenated Gasoline Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[UT6-1-5684; MT15-1-5691; A-1-FRL-5091-7]

Approval and Promulgation of Air Quality Implementation Plans;

States of Montana and Utah; Oxygenated Gasoline Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions

submitted by the States of Montana and Utah. The Montana and Utah

revisions implement oxygenated gasoline programs in Missoula, Montana,

and in the Provo-Orem and Salt Lake City-Ogden, Utah, Metropolitan

Statistical Areas. These SIP revisions were submitted to satisfy the

requirement of section 211(m) of the Clean Air Act as amended by the

Clean Air Act Amendments of 1990 (the Act), which requires all carbon

monoxide nonattainment areas with a design value of 9.5 parts per

million (ppm) or greater based generally on 1988 and 1989 air quality

monitoring data to implement an oxygenated gasoline program. This

action is being taken under section 110 of the Clean Air Act.

EFFECTIVE DATES: This final rule is effective December 8, 1994.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at United

States Environmental Protection Agency Region 8, Air, Radiation &

Toxics Division, Air Programs Branch, 999 18th Street, Suite 500,

Denver, Colorado 80202-2466.

FOR FURTHER INFORMATION CONTACT: Scott P. Lee, Air Programs Branch,

State Implementation Plan Section (8ART-AP), US Environmental

Protection Agency, Region 8, Denver, Colorado 80202, (303) 293-1887.

SUPPLEMENTARY INFORMATION: On October 20, 1993 (58 FR 54081-54086), EPA

published a notice of proposed rulemaking (NPR) for the State of

Montana and the State of Utah. The NPR proposed approval of oxygenated

gasoline programs in both states. On November 6, 1992, Stan Stephens,

Governor of Montana, submitted to EPA a revised SIP including the

oxygenated gasoline program that was adopted by the State on September

25, 1992. On November 9, 1992, Norman H. Bangerter, Governor of Utah,

submitted to EPA a revised SIP including the oxygenated gasoline

program that was adopted by the State on September 30, 1992. On May 19,

1994, Governor Michael O. Leavitt submitted to EPA final regulations

for Utah's Oxygenated Gasoline Program. Utah's regulations contained no

substantive changes from the draft regulations on which EPA proposed

approval (58 FR 54081) of Utah's Oxygenated Gasoline Program using

EPA's ``parallel processing'' procedure. The State adopted these

regulations on July 1, 1993 and on July 19, 1993, both with effective

dates of September 1, 1993.

Since September 1993, the State adopted a revised version of the

oxygenated gasoline regulations, effective December 16, 1993, requiring

the Salt Lake City-Ogden MSA to implement an oxygenated gasoline

program beginning November 1, 1994. The State exempted this MSA for the

1993-94 season pending a decision on a waiver request submitted to EPA.

EPA will address the waiver request issue in a separate document. The

waiver decision will be forthcoming in the Federal Register. The

certified copy of the regulations, effective December 16, 1993, contain

no substantive changes from EPA's proposed approval. More detailed

analyses of the States' submittals were prepared as part of the NPR

action and are contained in a Technical Support document (TSD) dated

July 20, 1993, which is available from the Region 8 office listed in

the Addresses section of this document.

Other specific requirements of the oxygenated gasoline programs and

the rationale for EPA's action are explained in the NPR and will not be

restated here. No public comments were received on the NPR.

Final Action

EPA is approving the revisions to the Montana SIP and the revisions

to the Utah SIP as proposed, for both oxygenated gasoline programs

meeting the requirements of section 211(m) of the Act.

Administrative Review

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

OMB has exempted these actions from review under Executive Order

12866.

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 January 9, 1995. 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)) (See 42 U.S.C.

7607 (b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Ozone, Incorporation by reference, Intergovernmental

relations, Reporting and recordkeeping requirements, Volatile organic

compounds.

Dated: October 5, 1994.

Jack W. McGraw,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

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

Subpart BB--Montana

2. Section 52.1370 is amended by adding paragraph (c)(32) to read

as follows:

Sec. 52.1370 Identification of plan.

* * * * *

(c) * * *

(32) On November 6, 1992, Stan Stephens, the Governor of Montana,

submitted a SIP revision to the Implementation Plan for the Control of

Air Pollution. This revision establishes and requires the

implementation of an oxygenated fuels program in Missoula County as

required by section 211(m) of the Clean Air Act Amendments of 1990.

(i) Incorporation by reference.

(A) Missoula City-County Rule 1429, which establishes and requires

the implementation of an oxygenated fuel program, as adopted June 9,

1992.

(ii) Additional materials.

(A) Letter dated November 6, 1992, from Governor Stan Stephens

submitting the oxygenated gasoline program SIP revision.

(B) Stipulation signed June 12, 1991 between the Montana Department

of Health and Environmental Sciences and the Missoula City-County Air

Pollution Control Board, which delineates the responsibilities and

authorities between the two entities.

(C) Board order issued September 25, 1992 by the Montana Board of

Health and Environmental Sciences approving amendments to Missoula

City-County Air Pollution Control Program, adopting Rule 1429

establishing and implementing an oxygenated fuels program.

* * * * *

Subpart TT--Utah

3. Section 52.2320 is amended by adding paragraph (c)(26) to read

as follows:

Sec. 52.2320 Identification of plan.

* * * * *

(c) * * *

(26) On November 9, 1992, Norman Bangerter, the Governor of Utah,

submitted a SIP revision to the Utah Implementation Plan and Utah Air

Conservation Regulations. This revision establishes and requires the

implementation of oxygenated fuel programs in Provo-Orem and Salt Lake-

Ogden Metropolitan Statistical Areas as required by section 211(m) of

the Clean Air Act Amendments of 1990.

(i) Incorporation by reference.

(A) R307-8; Oxygenated Gasoline Program, of the Utah Air

Conservation Regulations as adopted by the State, effective December

16, 1993.

(ii) Additional materials.

(A) Letter dated November 9, 1992, from Governor Norman Bangerter

submitting the oxygenated gasoline program SIP revision.

(B) Letter dated May 19, 1994, from Governor Michael O. Leavitt

submitting the oxygenated gasoline program SIP revision.

[FR Doc. 94-27603 Filed 11-7-94; 8:45 am]

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