Determination of Attainment of Ozone Standard for Salt Lake and Davis Counties, Utah, and Determination Regarding Applicability of Certain Reasonable Further Progress and Attainment Demonstration Requirements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[UT24-1-7036a; FRL-5218-6]

Determination of Attainment of Ozone Standard for Salt Lake and

Davis Counties, Utah, and Determination Regarding Applicability of

Certain Reasonable Further Progress and Attainment Demonstration

Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is determining, through direct final procedure, that

the Salt Lake and Davis Counties ozone nonattainment area has attained

the National Ambient Air Quality Standard (NAAQS) for ozone. This

determination [[Page 30190]] is based upon three years of complete,

quality assured ambient air monitoring data for the years 1992, 1993,

and 1994 that demonstrate that the ozone NAAQS has been attained in

this area. On the basis of this determination, EPA is also determining

that certain reasonable further progress and attainment demonstration

requirements, along with certain other related requirements, of Part D

of Title 1 of the Clean Air Act are not applicable to the area for so

long as the area continues to attain the ozone NAAQS. Also, in the

proposed rules section of this Federal Register, EPA is proposing these

determinations and soliciting public comment on them. If adverse

comments are received on this direct final rule, EPA will withdraw this

final rule and address these comments in a final rule on the related

proposed rule which is being published in the proposed rules section of

this Federal Register.

EFFECTIVE DATES: This action will be effective July 24, 1995 unless

written adverse comments are received by July 10, 1995. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: A copy of the air quality data and EPA's analysis are

available for inspection at the following address: United States

Environmental Protection Agency, Region 8, Air Programs Branch, 999

18th Street, Suite 500, Denver, Colorado 80202-2466.

Written comments should be addressed to: Douglas M. Skie, Chief,

Air Programs Branch (8ART-AP), United States Environmental Protection

Agency, Region 8, 999 18th Street, Suite 500, Denver, Colorado 80202-

2466.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Programs Branch (8ART-

AP), United States Environmental Protection Agency, Region 8, 999 18th

Street, Suite 500, Denver, Colorado 80202-2466 Phone: (303) 293-1814.

SUPPLEMENTARY INFORMATION:

I. Background

Subpart 2 of Part D of Title I of the Clean Air Act (CAA) contains

various air quality planning and State Implementation Plan (SIP)

submission requirements for ozone nonattainment areas. EPA believes it

is reasonable to interpret provisions regarding reasonable further

progress (RFP) and attainment demonstrations, along with certain other

related provisions, so as not to require SIP submissions if an ozone

nonattainment area subject to those requirements is monitoring

attainment of the ozone standard (i.e., attainment of the NAAQS

demonstrated with three consecutive years of complete, quality assured

air quality monitoring data). As described below, EPA has previously

interpreted the general provisions of subpart 1 of part D of Title I

(sections 171 and 172) so as not to require the submission of SIP

revisions concerning RFP, attainment demonstrations, or contingency

measures. As explained in a memorandum dated May 10, 1995, from John

Seitz, Director, Office of Air Quality and Planning Standards, to the

Regional Air Division Directors, entitled ``Reasonable Further

Progress, Attainment Demonstration, and Related Requirements for Ozone

Nonattainment Areas Meeting the Ozone National Ambient Air Quality

Standard'', EPA believes it is appropriate to interpret the more

specific RFP, attainment demonstration and related provisions of

subpart 2 in the same manner.

First, with respect to RFP, section 171(1) of the CAA states that,

for purposes of part D of Title I, RFP ``means such annual incremental

reductions in emissions of the relevant air pollutant as are required

by this part or may reasonably be required by the Administrator for the

purpose of ensuring attainment of the applicable national ambient air

quality standard by the applicable date.'' Thus, whether dealing with

the general RFP requirement of section 172(c)(2), or the more specific

RFP requirements of subpart 2 for classified ozone nonattainment areas

(such as the 15 percent plan requirement of section 182(b)(1)), the

stated purpose of RFP is to ensure attainment by the applicable

attainment date.\1\ If an area has in fact attained the standard, the

stated purpose of the RFP requirement will have already been fulfilled

and EPA does not believe that the area need submit revisions providing

for the further emission reductions described in the RFP provisions of

section 182(b)(1).

\1\ EPA notes that paragraph (1) of subsection 182(b) is

entitled ``PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS'' and

that subparagraph (B) of paragraph 182(c)(2) is entitled

``REASONABLE FURTHER PROGRESS DEMONSTRATION,'' thereby making it

clear that both the 15 percent plan requirement of section 182(b)(1)

and the 3 percent per year requirement of section 182(c)(2) are

specific varieties of RFP requirements.

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EPA notes that it took this view with respect to the general RFP

requirement of section 172(c)(2) in the General Preamble for the

Interpretation of Title I of the Clean Air Act Amendments of 1990 (57

FR 13498 dated April 16, 1992), and it is now extending that

interpretation to the specific provisions of subpart 2. In the General

Preamble, EPA stated, in the context of a discussion of the

requirements applicable to the evaluation of requests to redesignate

nonattainment areas to attainment, that the ``requirements for RFP will

not apply in evaluating a request for redesignation to attainment

since, at a minimum, the air quality data for the area must show that

the area has already attained. Showing that the State will make RFP

towards attainment will, therefore, have no meaning at that point.''

(57 FR at 13564.) \2\

\2\ See also ``Procedures for Processing Requests to Redesignate

Areas to Attainment,'' from John Calcagni, Director, Air Quality

Management Division, to Regional Air Division Directors, September

4, 1992, at page 6 (stating that the ``requirements for reasonable

further progress . . . will not apply for redesignations because

they only have meaning for areas not attaining the standard'').

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Second, with respect to the attainment demonstration requirements

of section 182(b)(1), an analogous rationale leads to the same result.

Section 182(b)(1) requires that the plan provide for ``such specific

annual reductions in emissions . . . as necessary to attain the

national primary ambient air quality standard by the attainment date

applicable under this Act.'' As with the RFP requirements, if an area

has in fact monitored attainment of the standard, EPA believes there is

no need for an area to make a further submission containing additional

measures to achieve attainment. This is also consistent with the

interpretation of certain section 172(c) requirements provided by EPA

in the General Preamble to Title I, as EPA stated there that no other

measures to provide for attainment would be needed by areas seeking

redesignation to attainment since ``attainment will have been

reached.'' (57 FR at 13564; see also the September 4, 1992, John

Calcagni memorandum entitled ``Procedures for Processing Requests to

Redesignate Areas to Attainment'' at page 6.) Upon attainment of the

NAAQS, the focus of state planning efforts shifts to the maintenance of

the NAAQS and the development of a maintenance plan under section 175A.

Similar reasoning applies to other related provisions of subpart 2.

The first of these are the contingency measure requirements of section

172(c)(9). EPA has previously interpreted the contingency measure

requirement of section 172(c)(9) as no longer being applicable once an

area has attained the standard since those ``contingency measures are

directed at ensuring RFP and attainment by the applicable date.'' (57

FR at 13564; see also the September 4, 1992, John Calcagni memorandum

entitled ``Procedures for Processing Requests to Redesignate Areas to

Attainment'' at page 6.) [[Page 30191]]

EPA emphasizes that the lack of a requirement to submit the SIP

revisions discussed above exists only for as long as an area designated

nonattainment continues to attain the standard. If EPA subsequently

determines that such an area has violated the NAAQS, the basis for the

determination that the area need not make the pertinent SIP revisions

would no longer exist. The EPA would notify the State of that

determination and would also provide notice to the public in the

Federal Register. Such a determination would mean that the area would

have to address the pertinent SIP requirements within a reasonable

amount of time, which EPA would establish taking into account the

individual circumstances surrounding the particular SIP submissions at

issue. Thus, a determination that an area need not submit one of the

SIP submittals amounts to no more than a suspension of the requirement

for so long as the area continues to attain the standard.

The State must continue to operate an appropriate air quality

monitoring network, in accordance with 40 CFR Part 58, to verify the

attainment status of the area. The air quality data relied upon to

determine that the area is attaining the ozone standard must be

consistent with 40 CFR Part 58 requirements and other relevant EPA

guidance and recorded in EPA's Aerometric Information Retrieval System

(AIRS).

The determinations that are being made with this Federal Register

notice are not equivalent to the redesignation of the area to

attainment. Attainment of the ozone NAAQS is only one of the criteria

set forth in section 107(d)(3)(E) that must be satisfied for an area to

be redesignated to attainment. To be redesignated, the state must

submit and receive full EPA approval of a redesignation request.

Furthermore, the determinations made in this notice do not shield

an area from future State or EPA action to require emissions reductions

from sources in the area where there is evidence, such as photochemical

grid modeling, showing that emissions from sources in the area

contribute significantly to nonattainment in, or interfere with

maintenance by, other nonattainment areas. EPA has authority under

sections 110(a)(2)(A) and 110(a)(2)(D) to require such emission

reductions if necessary and appropriate to deal with transport

situations.

II. Analysis of Air Quality Data

The EPA has reviewed the ambient air monitoring data for ozone

(consistent with the requirements contained in 40 CFR Part 58 and

recorded in AIRS) for the Salt Lake and Davis Counties ozone

nonattainment area in the State of Utah for 1992, 1993, and 1994. On

the basis of that review EPA has concluded that the area has attained

the ozone standard. Thus, this area is no longer recording violations

of the air quality standard for ozone. A summary table of the relevant

air quality data is provided below. A more detailed description of the

ozone monitoring data for the area is provided in the EPA technical

support document for this action.

The values in the table below present the maximum recorded ozone

measurements expressed, for each year, in parts per million (ppm).

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Monitor name AIRS ID No. 1992 1993 1994

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Bountiful (Davis County) 49-011-0001 1 0.103 0.104 0.117

Salt Lake County........ 49-035-0003 1 0.104 0.111 \1\ 0.12

4

Salt Lake City.......... 49-035-3001 2 0.094 0.100 0.115

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\1\ EPA's ozone monitoring guideline provides that a measured exceedence

of the ozone standard does not occur until a measured value of 0.125

ppm is recorded. Refer to EPA's ``Guideline for the Interpretation of

Ozone Air Quality Standards'', EPA-450/4-79-003, OAQPS No. 1.2-108,

dated January, 1979.

FINAL ACTION: EPA has determined that the Salt Lake and Davis Counties

ozone nonattainment area has attained the ozone standard for 1992,

1993, and 1994. As a consequence of EPA's determination that the Salt

Lake and Davis Counties area has attained the ozone standard, the

requirements of section 182(b)(1) concerning the submission of the 15

percent plan and ozone attainment demonstration and the requirements of

section 172(c)(9) concerning contingency measures are not applicable to

the area so long as the area does not violate the ozone standard.

Specific to the Salt Lake and Davis Counties' ozone nonattainment

area, Governor Michael Leavitt submitted a Redesignation Request and

Maintenance Plan on November 12, 1993. On January 13, 1995, the

Governor submitted revisions to that initial submittal that included

revised emission inventories.

Because the State submitted an Ozone Redesignation Request and

Maintenance Plan SIP revision for Salt Lake and Davis Counties, in lieu

of a 15 percent SIP revision, Salt Lake and Davis Counties have been

subject to the motor vehicle emissions budget in the Ozone

Redesignation Request and Maintenance Plan SIP revision for

transportation conformity purposes (see 40 CFR 93.128(i)).

Pursuant to EPA's new May 10, 1995, policy, the State may continue

to demonstrate conformity to this submitted motor vehicle emissions

budget, or the State may choose to withdraw the applicability of the

motor vehicle emissions budget in the Ozone Redesignation Request and

Maintenance Plan SIP revision for transportation conformity purposes,

through the submittal of a letter from the Governor. If the

applicability of the submitted motor vehicle emissions budget is

withdrawn for transportation conformity purposes, only the build/no-

build and less-than-1990 tests will apply until the Ozone Redesignation

Request and Maintenance Plan are approved. If the applicability of the

submitted motor vehicle emissions budget is not withdrawn for

transportation conformity purposes, it will continue to apply.

EPA emphasizes that the above determinations are contingent upon

the continued monitoring and continued attainment and maintenance of

the ozone NAAQS in the affected area. If a violation of the ozone NAAQS

is monitored in the Salt Lake and Davis Counties area (consistent with

the requirements contained in 40 CFR Part 58 and recorded in AIRS), EPA

will provide notice to the public in the Federal Register. Such a

violation would mean that the area would thereafter have to address the

requirements of section 182(b)(1) and section 172(c)(9) since the basis

for the determination that they do not apply would no longer exist.

As a consequence of the determinations that the area has attained

and that the reasonable further progress and attainment demonstration

requirements of section 182(b)(1), and the contingency measures

requirement of section 172(c)(9), do not presently apply, the sanctions

clock started by EPA on January 19, 1994, for the failure to submit a

section 182(b)(1) 15 percent plan and attainment demonstration, and

[[Page 30192]] section 172(c)(9) contingency measures, is hereby

stopped as the deficiencies for which the clock was started no longer

exist.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a 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.

This action will become effective on July 24, 1995. However, if the

EPA receives adverse comments by July 10, 1995, then the EPA will

publish a notice that withdraws the action, and will address those

comments in the final rule on this action which has been proposed for

approval in the proposed rules section of this Federal Register.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The Office of Management and Budget exempted this

regulatory action from Executive Order 12866 review.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000. Today's determination does not create any new requirements, but

allows suspension of the indicated requirements. Therefore, because the

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected.

Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act

of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,

EPA must undertake various actions in association with proposed or

final rules that include a Federal mandate that may result in estimated

costs of $100 million or more to the private sector, or to State,

local, or tribal governments in the aggregate.

EPA's final action does not impose any federal intergovernmental

mandate, as defined in section 101 of the Unfunded Mandates Act, upon

the State. No additional costs to State, local, or tribal governments,

or to the private sector, result from this action, which suspends the

indicated requirements. Thus, EPA has determined that this final action

does not include a 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.

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 August 7, 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)).

Executive Order 12866

The Office of Management and Budget has exempted this rule from the

requirements of Section 6 of Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen oxides,

Ozone, Volatile organic compounds, Intergovernmental relations,

Reporting and record keeping requirements.

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

Dated: May 31, 1995.

William P. Yellowtail,

Regional Administrator.

40 CFR part 52, Subpart TT, 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 TT--Utah

2. Section 52.2332 is added to read as follows:

Sec. 52.2332 Control strategy: Ozone.

Determination--EPA is determining that, as of May 17, 1995, the

Salt Lake and Davis Counties ozone nonattainment area has attained the

ozone standard based on air quality monitoring data from 1992, 1993,

and 1994, and that the reasonable further progress and attainment

demonstration requirements of section 182(b)(1) and related

requirements of section 172(c)(9) of the Clean Air Act do not apply to

the area for so long as the area does not monitor any violations of the

ozone standard. If a violation of the ozone NAAQS is monitored in the

Salt Lake and Davis Counties ozone nonattainment area, these

determinations shall no longer apply.

[FR Doc. 95-14067 Filed 6-7-95; 8:45 am]

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