Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; Redesignation of the Philadelphia County Carbon Monoxide Area to Attainment and Approval of the Area's Maintenance Plan and the Philadelphia County 1990 Base Year Carbon Monoxide Emission Inventory; Commonwealth of Pennsylvania

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[SIPTRAX No. PA075-4001; PA075-4002; PA024-4005; FRL-5329-1]

Approval and Promulgation of Implementation Plans; Designation of

Areas for Air Quality Planning Purposes; Redesignation of the

Philadelphia County Carbon Monoxide Area to Attainment and Approval of

the Area's Maintenance Plan and the Philadelphia County 1990 Base Year

Carbon Monoxide Emission Inventory; Commonwealth of Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a maintenance plan and a request to

redesignate part of Philadelphia County from nonattainment to

attainment for carbon monoxide (CO) and is also approving the 1990 base

year CO emissions inventory for Philadelphia County. The maintenance

plan, redesignation request and 1990 base year CO emissions inventory

were submitted by the Commonwealth of Pennsylvania. Under the 1990

amendments of the Clean Air Act (CAA) designations can be revised if

sufficient data is available to warrant such revisions. In this action,

EPA is approving the Pennsylvania request because it meets the

maintenance plan and redesignation requirements set forth in the CAA.

This action is being taken under section 110 of the CAA.

EFFECTIVE DATE: This action will become effective on March 15, 1996

unless, within 30 days of publication, adverse or critical comments are

received. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate

Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107. Copies of the documents relevant to this action are available

for public inspection during normal business hours at the Air,

Radiation, and Toxics Division, U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;

Pennsylvania Department of Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania

17105 and Philadelphia Department of Public Health, Air Management

Services, 321 University Avenue, Philadelphia, Pennsylvania 19104.

FOR FURTHER INFORMATION CONTACT: Kelly L. Bunker, (215) 597-4554.

SUPPLEMENTARY INFORMATION: On September 8, 1995 the Commonwealth of

Pennsylvania submitted a request for parallel processing of a

redesignation request and maintenance plan for the Philadelphia portion

of the Philadelphia-Camden County CO nonattainment area and

supplemented the request on October 30, 1995, in order to formalize the

submittal as an official revision to its State Implementation Plan

(SIP). The SIP revision consists of a maintenance plan and a request to

redesignate part of Philadelphia County from nonattainment to

attainment for carbon monoxide and the 1990 base year CO emissions

inventory for Philadelphia County.

I. Background

Part of Philadelphia County in Pennsylvania, specifically the high

traffic areas within the Central Business District and certain other

high traffic density areas of the City of Philadelphia, was a pre-1990

CO nonattainment area and continued to be designated as nonattainment

for CO by operation of law as per section 107 (d)(1)(C)(i) of the Clean

Air Act Amendments of 1990. The National Ambient Air Quality Standard

(NAAQS) for CO is 9.5 parts per million (ppm). Philadelphia County is

part of the Philadelphia-Camden County CO nonattainment area. CO

nonattainment areas can be classified as moderate or serious, based on

their design values. Since the Philadelphia CO nonattainment area had a

design value of 11.6 ppm (based on 1988 and 1989 data), the area was

classified as moderate. The CAA established an attainment date of

December 31, 1995, for all moderate CO areas. Philadelphia County has

ambient air quality monitoring data showing attainment of the CO NAAQS

from 1990 through 1994. No exceedances or violations of the CO NAAQS

have been monitored in Philadelphia County to date during calendar year

1995. Therefore, in an effort to comply with the CAA and to ensure

continued attainment of the NAAQS, on September 8, 1995 and October 30,

1995 the Commonwealth of Pennsylvania submitted a CO redesignation

request and a maintenance plan for Philadelphia County. Pennsylvania

submitted evidence that a public hearing was held on October 16, 1995

in Philadelphia.

II. Evaluation Criteria

Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides

five specific requirements that an area must meet in order to be

redesignated from nonattainment to attainment.

1. The area must have attained the applicable NAAQS;

2. The area must have a fully approved SIP under section 110(k) of

CAA;

[[Page 2927]]

3. The air quality improvement must be permanent and enforceable;

4. The area must have a fully approved maintenance plan pursuant to

section 175A of the CAA;

5. The area must meet all applicable requirements under section 110

and Part D of the CAA;

III. Review of State Submittal

On October 31, 1995, EPA determined that the information received

from the Commonwealth of Pennsylvania constituted a complete

redesignation request under the general completeness criteria of 40 CFR

part 51, appendix V, Secs. 2.1 and 2.2.

The Pennsylvania redesignation request for part of Philadelphia

County meets the five requirements of section 107(d)(3)(E), noted

above. The following is a brief description of how the Commonwealth has

fulfilled each of these requirements.

1. Attainment of the CO NAAQS

Pennsylvania has quality-assured CO ambient air monitoring data

showing that Philadelphia County has met the CO NAAQS. The Pennsylvania

request is based on an analysis of quality-assured CO air monitoring

data which is relevant to the maintenance plan and to the redesignation

request. To attain the CO NAAQS, an area must have complete quality-

assured data showing no more than one exceedance of the standard per

year over at least two consecutive years. The ambient air CO monitoring

data for calendar year 1990 through calendar year 1994, relied upon by

Pennsylvania in its redesignation request, shows no violations of the

CO NAAQS in Philadelphia County. The most recent ambient CO data shows

one exceedance in the calendar years 1993 and 1994. In addition, the

most recent ambient CO data for calendar year 1995 shows no exceedances

of the NAAQS to date in Philadelphia County. Because the area has

complete quality assured data showing no more than one exceedance of

the standard per year over at least two consecutive years (1993 and

1994), the area has met the first statutory criterion of attainment of

the CO NAAQS (40 CFR 50.8 and appendix C). Pennsylvania has committed

to continue monitoring in this area in accordance with 40 CFR part 58.

Furthermore, air quality data for the New Jersey portion of the

Philadelphia-Camden County CO nonattainment area shows that the

remainder of the nonattainment area has met the CO NAAQS since 1990.

Therefore, air quality in the entire area has been meeting the CO

standards since 1990.

2. Fully Approved SIP Under Section 110(k) of the CAA

Pennsylvania's CO SIP is fully approved by EPA as meeting all the

requirements of Section 110(a)(2)(I) of the Act, including the

requirements of Part D (relating to nonattainment), which were due

prior to the date of Pennsylvania's redesignation request. All portions

of Pennsylvania's CO SIP, except for the motor vehicle inspection and

maintenance (I/M) portion, were fully approved by EPA on February 26,

1985, at 40 CFR Sec. 52.2020(c)(63), (50 FR 7772). The I/M portion of

the CO SIP was approved by EPA on April 8, 1987 at 40 CFR

Sec. 52.2020(c)(66), (52 FR 11259). The 1990 CAA required that

nonattainment areas achieve specific new requirements depending on the

severity of the nonattainment classification. Requirements for the

Philadelphia area include the preparation of a 1990 emission inventory

with periodic updates, adoption of an oxygenated fuels program, the

development of contingency measures, and development of conformity

procedures. Each of these requirements added by the 1990 Amendments to

the CAA are discussed in greater detail below.

Consistent with the October 14, 1994 EPA guidance from Mary D.

Nichols entitled ``Part D New Source Review (Part D NSR) Requirements

for Areas Requesting Redesignation to Attainment,'' EPA is not

requiring full approval of a Part D NSR program by Pennsylvania as a

prerequisite to redesignation to attainment. Under this guidance,

nonattainment areas may be redesignated to attainment notwithstanding

the lack of a fully-approved Part D NSR program, so long as the program

is not relied upon for maintenance. Pennsylvania has not relied on a

NSR program for CO sources to maintain attainment. Although EPA is not

treating a Part D NSR program as a prerequisite for redesignation, it

should be noted that EPA is in the process of taking final action on

the State's revised NSR regulation, which includes requirements for CO

nonattainment areas. Because part of Philadelphia County is being

redesignated to attainment by this action, Pennsylvania's Prevention of

Significant Deterioration (PSD) requirements will be applicable to new

or modified sources in Philadelphia County. Pennsylvania has been

delegated PSD authority (see CFR Sec. 52.2058 Pennsylvania and 49 FR

33128, August 21, 1984).

A. Emission Inventory

Pennsylvania submitted its 1990 base year emissions inventory as

part of the maintenance plan which was submitted on September 8, 1995

and October 30, 1995. The inventory estimated CO emissions for

Philadelphia County, as required under Section 187(a)(1) of the CAA.

This inventory was used as the basis for calculations to

demonstrate maintenance. Pennsylvania's submittal contains the detailed

inventory data and summaries by source category. The inventory was

prepared in accordance with EPA guidance. A summary of the base year

and projected maintenance year inventories are shown in the following

table in this section.

Section 172(c)(3) of the CAA requires that nonattainment plan

provisions include a comprehensive, accurate, and current inventory of

actual emissions from all sources of relevant pollutants in the

nonattainment area. Pennsylvania included the requisite inventory in

the redesignation request and maintenance plan SIP revision. The base

year for the inventory was 1990, using a three month CO season of

December 1990 through February 1991. Stationary sources, area sources,

on-road mobile sources, and non-road mobile sources of CO were included

in the inventory. The following table, Table 1, presents a summary of

the base year (1990), attainment year (1992) and projected year (2007)

CO peak season daily emissions estimates in tons per winter day (tpd)

by source category:

Table 1.--CO Peak Season Daily Emissions

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

1992 2007

1990 Base Attainment Projected

year year year

emissions emissions emissions

(tons per (tons per (tons per

day) day) day)

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

On-road Mobile........................ 608.99 561.25 334.33

Non-road Mobile....................... 9.62 9.69 10.11

Area.................................. 13.77 13.80 13.98

Stationary............................ 20.98 22.07 31.11

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

Total............................. 653.36 606.81 389.53

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Available guidance for preparing emission inventories is provided

in the General Preamble (57 FR 13498, April 16, 1992).

Section 110(k) of the CAA sets out provisions governing the EPA's

review of base year emission inventory submittals in order to determine

approval or disapproval under section 187(a)(1). The EPA is granting

approval

[[Page 2928]]

of the Philadelphia County 1990 base year CO emissions inventories as

found in the Pennsylvania CO Redesignation Request, based on the EPA's

technical review of the CO inventory. For further details on the

emission inventory, the reader is referred to the Technical Support

Document, which is available for review at the addresses provided

above.

B. Oxygenated Gasoline

Section 211(m) of the CAA requires that each State in which there

is located a CO nonattainment area with a design value of 9.5 ppm or

above based on data for the 2-year period of 1988 and 1989 shall submit

a SIP revision which requires the implementation of an oxygenated

gasoline program in the Consolidated Metropolitan Statistical Area

(CMSA) in which the nonattainment area is located. The Philadelphia-

Camden County CO nonattainment area has a design value above 11.6 ppm

based on 1988 and 1989 data and consequently was subject to the

requirement to adopt an oxygenated fuel program. Pennsylvania submitted

an oxygenated gasoline SIP revision for the Pennsylvania portion of the

Philadelphia CMSA to EPA on November 12, 1992. EPA approved the SIP

revision on July 21, 1994 at 40 CFR Sec. 52.2020(c)(88), (59 FR 37162).

As noted in the Pennsylvania redesignation request, the State intends

to relegate the oxygenated fuel program to contingency status upon

EPA's approval of Pennsylvania's redesignation request. On August 19,

1995 Pennsylvania modified their oxygenated gasoline regulations to

allow for the discontinuance of the program if EPA approves a

redesignation request and maintenance plan which does not require the

implementation of an oxygenated gasoline program. The modified

Pennsylvania oxygenated gasoline regulation also states that if an area

is redesignated to attainment and then violates the CO standard that

the program must be reinstated at the beginning of the next oxygenated

gasoline control period. In its demonstration of maintenance, described

below, the Commonwealth has shown that oxygenated gasoline in the

Pennsylvania portion of the Philadelphia CMSA is not necessary for

continued maintenance of the CO NAAQS. Consequently, by this action,

EPA is approving Pennsylvania's use of oxygenated gasoline as a

contingency measure for the Philadelphia area.1

\1\Cecil County, Maryland is part of the Philadelphia CMSA and

had implemented the oxygenated gasoline program. This action will

also serve to remove the oxygenated fuel requirement from Cecil

County, Maryland.

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C. Conformity

Under section 176(c) of the CAA, states were required to submit

revisions to their SIPs that include criteria and procedures to ensure

that Federal actions conform to the air quality planning goals in the

applicable SIPs. The requirement to determine conformity applies to

transportation plans, programs and projects developed, funded or

approved under Title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as all other Federal actions

(``general conformity''). Congress provided for the State revisions to

be submitted one year after the date of promulgation of final EPA

conformity regulations. EPA promulgated final transportation conformity

regulations on November 24, 1993 (58 FR 62188) and final general

conformity regulations on November 30, 1993 (58 FR 63214). These

conformity rules require that the States adopt both transportation and

general conformity provisions in the SIP for areas designated

nonattainment or subject to a maintenance plan approved under CAA

section 175A. Pursuant to Sec. 51.396 of the transportation conformity

rule and Sec. 51.851 of the general conformity rule, the Commonwealth

of Pennsylvania was required to submit a SIP revision containing

transportation conformity criteria and procedures consistent with those

established in the Federal rule by November 25, 1994. Similarly,

Pennsylvania was required to submit a SIP revision containing general

conformity criteria and procedures consistent with those established in

the Federal rule by December 1, 1994. Pennsylvania submitted its

transportation conformity SIP revision to EPA on November 21, 1994.

This SIP was determined to be administratively and technically complete

on February 21, 1995. Pennsylvania has not submitted its general

conformity SIP revision.

Although this redesignation request was submitted to EPA after the

due dates for the SIP revisions for transportation conformity and

general conformity rules, EPA believes it is reasonable to interpret

the conformity requirements as not being applicable requirements for

purposes of evaluating the redesignation request under section 107(d).

The rationale for this is based on a combination of two factors. First,

the requirement to submit SIP revisions to comply with the conformity

provisions of the Act continues to apply to areas after redesignation

to attainment. Therefore, the State remains obligated to adopt the

transportation and general conformity rules even after redesignation

and would risk sanctions for failure to do so. While redesignation of

an area to attainment enables the area to avoid further compliance with

most requirements of section 110 and part D, since those requirements

are linked to the nonattainment status of an area, the conformity

requirements apply to both nonattainment and maintenance areas. Second,

EPA's federal conformity rules require the performance of conformity

analyses in the absence of state-adopted rules. Therefore, a delay in

adopting State rules does not relieve an area from the obligation to

implement conformity requirements.

Because areas are subject to the conformity requirements regardless

of whether they are redesignated to attainment and must implement

conformity under Federal rules if State rules are not yet adopted, EPA

believes it is reasonable to view these requirements as not being

applicable requirements for purposes of evaluating a redesignation

request.

For the reasons just discussed, EPA believes that the CO

redesignation request for Philadelphia County may be approved

notwithstanding the lack of a general conformity submittal and an

approved state transportation conformity rule.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

EPA approved Pennsylvania's CO SIP under the 1977 CAA. Emission

reductions achieved through the implementation of control measures

contained in that SIP are enforceable. Pennsylvania cites the Federal

Motor Vehicle Control Program (FMVCP) and the basic Inspection and

Maintenance Program as the major sources of reduction that led to

attainment of the CO standard. As discussed above, the State initially

attained the NAAQS in 1990 with monitored attainment through 1994. This

indicates that the improvements are due to the permanent and

enforceable measures contained in the 1982 CO SIP.

The Commonwealth of Pennsylvania has demonstrated that actual

enforceable emission reductions are responsible for the air quality

improvement and that the CO emissions in the base year are not

artificially low due to local economic downturn. EPA finds that the

combination of certain existing EPA-approved SIP and federal measures

contribute to the permanence and enforceability of reduction in ambient

CO levels that have allowed the area to attain the NAAQS.

[[Page 2929]]

4. Fully Approved Maintenance Plan Under Section 175A

Section 175A of the CAA sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The 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 redesignation, the

state must submit a revised maintenance plan which demonstrates

attainment for the ten years following the initial ten-year period. To

provide for the possibility of future NAAQS violations, the maintenance

plan must contain contingency measures, with a schedule for

implementation adequate to assure prompt correction of any air quality

problems. In this notice, EPA is approving the Commonwealth of

Pennsylvania's maintenance plan for the Philadelphia area because EPA

finds that Pennsylvania's submittal meets the requirements of section

175A.

A. Attainment Emission Inventory

As previously noted, Pennsylvania submitted its 1990 base year

emissions inventory for Philadelphia County as part of the maintenance

plan which was submitted on September 8, 1995 and October 30, 1995. The

inventory includes emissions from stationary, area, and mobile sources

using 1990 as the base year for calculations.

The State submittal contains the detailed inventory data and

summaries by source category. The comprehensive base year emissions

inventory was submitted in the National Emission Data System format.

This inventory was prepared in accordance with EPA guidance.

The 1992 emission inventory was selected as representative of

Philadelphia County emissions during the period showing attainment.

Pennsylvania established the 1992 inventory as the attainment inventory

and forecasted future emissions out to the year 2007 in its maintenance

plan. The future emission estimates were all calculated by applying

appropriate growth factors to the 1990 base year inventory, consistent

with EPA guidance.

B. Demonstration of Maintenance-Projected Inventories

Total CO emissions were projected from 1990 base year out to 2007.

These projected inventories were prepared in accordance with EPA

guidance. Pennsylvania will not implement the oxygenated gasoline

program in the Pennsylvania portion of the Philadelphia CMSA unless a

violation of the standard triggers the implementation of the program.

The projections show that calculated CO emissions, assuming no

oxygenated fuels program, are not expected to exceed the level of the

base year inventory during this time period. Therefore, it is

anticipated that the Philadelphia area will maintain the CO standard

without the program, and the oxygenated gasoline program would not need

to be implemented following redesignation, except as a contingency

measure.

C. Verification of Continued Attainment

Continued attainment of the CO NAAQS in Philadelphia County

depends, in part, on the Commonwealth's efforts toward tracking

indicators of continued attainment during the maintenance period. The

Commonwealth commits to revise the emission inventory every three years

beginning in 1993, until at least 2007. If future emission levels

exceed those in the 1992 attainment inventory, the Commonwealth commits

to investigate the reasons and take appropriate action.

D. Contingency Plan

The level of CO emissions in Philadelphia County will largely

determine its ability to stay in compliance with the CO NAAQS in the

future. Despite the Commonwealth's best efforts to demonstrate

continued compliance with the NAAQS, the ambient air pollutant

concentrations may exceed or violate the NAAQS. Section 175(A)(d) of

the CAA requires that the contingency provisions include a requirement

that the State implement all measures contained in the SIP prior to

redesignation. Therefore, Pennsylvania has provided contingency

measures with a schedule for implementation in the event of a future CO

air quality problem. The plan contains triggering mechanism (a

violation of the CO standard) to determine when contingency measures

are needed.

On August 19, 1995 Pennsylvania modified their oxygenated gasoline

regulations to allow for the discontinuance of the program if EPA

approves a redesignation request and maintenance plan which does not

require the implementation of an oxygenated gasoline program. The

modified Pennsylvania oxygenated gasoline regulation states that if an

area is redesignated to attainment and then violates the CO standard

that the program must be reinstated at the beginning of the next

oxygenated gasoline control period.

E. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, the Commonwealth has

agreed to submit a revised maintenance SIP eight years after the area

is redesignated to attainment. Such a revised SIP will provide for

maintenance for an additional ten years.

5. Meeting Applicable Requirements of Section 110 and Part D

In Section III.2. above, EPA sets forth the basis for its

conclusion that Pennsylvania has a fully approved SIP which meets the

applicable requirements of Section 110 and Part D of the CAA.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective March 15, 1996 unless, within 30 days of publication, adverse

or critical comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent notice that will withdraw

the final action. All public comments received will then be addressed

in a subsequent final rule based on this action serving as a proposed

rule. EPA will not institute a second comment period on this action.

Any parties interested in commenting on this action should do so at

this time. If no such comments are received, the public is advised that

this action will be effective on March 15, 1996.

Final Action

EPA is approving the Philadelphia County CO maintenance plan

because it meets the requirements set forth in section 175A of the CAA.

In addition, the Agency is approving the request and redesignating the

Philadelphia County CO area to attainment, because the Commonwealth has

demonstrated compliance with the requirements of section 107(d)(3)(E)

for redesignation. EPA is also approving Pennsylvania's 1990 base year

CO emissions inventory for Philadelphia County, as found in the

Commonwealth's redesignation request and maintenance plan. The EPA is

publishing this action without prior proposal because the Agency views

this as a noncontroversial amendment and anticipates no adverse

comments. However, in a separate document in this

[[Page 2930]]

Federal Register publication, the EPA is proposing to approve the SIP

revision should adverse or critical comments be filed. This action will

be effective March 15, 1996 unless, by February 29, 1996 adverse or

critical comments are received. If the EPA receives such comments, this

action will be withdrawn before the effective date by publishing a

subsequent document that will withdraw the final action. All public

comments received will then be addressed in a subsequent final rule

based on this action serving as a proposed rule. The EPA will not

institute a second comment period on this action. Any parties

interested in commenting on this action should do so at this time. If

no such comments are received, the public is advised that this action

will be effective March 15, 1996.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

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.

Under Section 202 of the Unfunded Mandates Reform Act of 1995

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

must prepare a budgetary impact statement to accompany any proposed or

final 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 proposed/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 pre-existing requirements under State or local law, and

imposes no new Federal requirements. Accordingly, no additional costs

to State, local, or tribal governments, or to the private sector,

result from this action.

The CO SIP is designed to satisfy the requirements of part D of the

CAA and to provide for attainment and maintenance of the CO NAAQS. This

final redesignation should not be interpreted as authorizing the State

to delete, alter, or rescind any of the CO emission limitations and

restrictions contained in the approved CO SIP. Changes to CO SIP

regulations rendering them less stringent than those contained in the

EPA approved plan cannot be made unless a revised plan for attainment

and maintenance is submitted to and approved by EPA. Unauthorized

relaxations, deletions, and changes could result in both a finding of

non-implementation (section 179(a) of the CAA) and in a SIP deficiency

call made pursuant to sections 110(a)(2)(H) and 110(k)(2) of the CAA.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the federal SIP

approval does not impose any new requirements, it does not have any

economic impact on any small entities. Redesignation of an area to

attainment under section 107(d)(3)(E) of the CAA does not impose any

new requirements on small entities. Redesignation is an action that

affects the status of a geographical area and does not impose any

regulatory requirements on sources. Accordingly, I certify that the

approval of the redesignation of an area to attainment under section

107(d)(3)(E) of the CAA will not affect a substantial number of small

entities.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 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 April 1, 1996. 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 on the Philadelphia CO redesignation

request, maintenance plan and the 1990 base year CO emission inventory

may not be challenged later in proceedings to enforce its requirements.

(See section 307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements.

40 CFR Part 81

Air pollution control.

Dated: October 31, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

For the reasons set forth in the preamble 40 CFR part 52, subpart

NN of chapter I, title 40 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 NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(105) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(105) The carbon monoxide redesignation and maintenance plan for

part of Philadelphia County submitted by the Pennsylvania Department of

Environmental Protection on September 8, 1995 and October 30, 1995, as

part of the Pennsylvania SIP. The 1990 base year CO emission inventory

and projections are included in the maintenance plan.

(i) Incorporation by reference.

(A) Letters of September 8, 1995 and October 30, 1995 from the

Pennsylvania Department of Environmental Protection requesting the

redesignation and submitting the maintenance plan.

(B) Maintenance Plan for the Philadelphia Carbon Monoxide

Nonattainment Area adopted on October 16, 1995.

(ii) Additional Material.

[[Page 2931]]

(A) Remainder of September 8, 1995 and October 30, 1995 State

submittal.

3. Section 52.2036 is added to read as follows:

Sec. 52.2036 1990 Base Year Carbon Monoxide Emission Inventory for

Philadelphia County.

EPA approves as a revision to the Pennsylvania State Implementation

Plan the 1990 base year carbon monoxide emission inventory for

Philadelphia County, submitted by the Secretary, Pennsylvania

Department of Environmental Protection, on September 8, 1995 and

October 30, 1995. This submittal consists of the 1990 base year

stationary, area, non-road mobile and on-road mobile emission

inventories in Philadelphia County for the pollutant carbon monoxide

(CO).

PART 81--[AMENDED]

Subpart C--Section 107 Attainment Status Designations

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

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

2. In Sec. 81.339, the table for ``Pennsylvania-Carbon Monoxide''

is amended by revising the entry for the Philadelphia-Camden County

area to read as follows:

Sec. 81.339 Pennsylvania.

* * * * *

Pennsylvania--Carbon Monoxide

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

Designation Classification

Designated Area ------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

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

.................. Nonattainment...... ........... Not Classified.

* * * * * *

*

Philadelphia-Camden County Area

Philadelphia County (part)

City of Philadelphia-high March 15, 1996.... Attainment......... ........... .......................

traffic areas within the

Central Business

District and certain

other high traffic

density areas.

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\1\This date is November 15, 1990, unless otherwise noted.

[FR Doc. 96-1104 Filed 1-29-96; 8:45 am]

BILLING CODE 6560-50-P