Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; Redesignation of the Metropolitan Washington Carbon Monoxide Area to Attainment and Approval of the Area's Maintenance Plan and Emission Inventory; Commonwealth of Virginia, District of Columbia and the State of Maryland

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[FRL-5324-9; MD-45-3003, MD-45-3004; MD-45-3007; VA-53-5001, VA-53-

5002; VA-34-5003, VA-34-5004; DC-30-2001; DC-30-2002, DC-10-2003]

Approval and Promulgation of Implementation Plans; Designation of

Areas for Air Quality Planning Purposes; Redesignation of the

Metropolitan Washington Carbon Monoxide Area to Attainment and Approval

of the Area's Maintenance Plan and Emission Inventory; Commonwealth of

Virginia, District of Columbia and the State of Maryland

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 the Metropolitan Washington area; including the Counties of

Alexandria and Arlington, Virginia; Prince Georges and Montgomery

Counties in Maryland, and the District of Columbia (the ``Washington

Carbon Monoxide (CO) nonattainment area'') from nonattainment to

attainment for CO. The maintenance plan and redesignation requests were

submitted by the Commonwealth of Virginia and the State of Maryland and

the District of Columbia. 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 Virginia,

Maryland and the District of Columbia requests 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.

DATES: This action will become effective on March 15, 1996 unless, by

February 29, 1996 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;

the Air and Radiation Docket and Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW, Washington, DC 20460; District of

Columbia Department of Consumer and Regulatory Affairs, 2100 Martin

Luther King Ave, S.E., Washington, DC 20020; Maryland Department of the

Environment, 2500 Broening Highway, Baltimore, Maryland 21224; Virginia

Department of Environmental Quality, 629 East Main Street, Richmond,

Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Kelly A. Sheckler, (215) 597-6863.

SUPPLEMENTARY INFORMATION: On October 4, 1995 the Commonwealth of

Virginia, and on October 12, 1995 the State of Maryland and the

District of Columbia submitted formal revisions to their State

Implementation Plans (SIP). The SIP revisions consists of a request to

redesignate the Virginia, Maryland and District of Columbia portions of

the Metropolitan Washington area from nonattainment to attainment for

carbon monoxide and a maintenance plan.

[[Page 2932]]

I. Background

The Metropolitan Washington area, 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). CO nonattainment areas can be

classified as moderate or serious, based on their design values. Since

the Washington 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. The Metropolitan Washington area has ambient air

quality monitoring data showing attainment of the CO NAAQS from 1989

through 1993. Therefore, in an effort to comply with the CAA and to

ensure continued attainment of the NAAQS, on October 4, 1995 the

Commonwealth of Virginia submitted a CO redesignation request and a

maintenance plan for the Virginia portion of the Metropolitan

Washington area. The State of Maryland submitted on October 12, 1995 a

CO redesignation request and maintenance plan for the Maryland portion

of the Metropolitan Washington area and on October 12, 1995 the

District of Columbia submitted a CO redesignation request and

maintenance plan. Virginia, Maryland and the District of Columbia

submitted evidence that public hearings were held on September 6, 1995

in Virginia, September 15, 1995 in Maryland and September 18, 1995 in

the District of Columbia.

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;

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 12, 1995, EPA determined that the information received

from the Commonwealth of Virginia, the State of Maryland and the

District of Columbia constituted a complete redesignation request under

the general completeness criteria of 40 CFR part 51, appendix V,

Secs. 2.1 and 2.2.

The Virginia, Maryland and District of Columbia redesignation

requests for the Metropolitan Washington area meets the five

requirements of section 107(d)(3)(E), noted above. The following is a

brief description of how the State has fulfilled each of these

requirements.

1. Attainment of the CO NAAQS

Virginia, Maryland and the District of Columbia have quality-

assured CO ambient air monitoring data showing that the Metropolitan

Washington area has met the CO NAAQS. The Virginia, Maryland and

District of Columbia requests are 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 1988

through calendar year 1995, relied upon by Virginia, Maryland and the

District of Columbia in their redesignation requests, shows no

violations of the CO NAAQS in the Metropolitan Washington area. 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

(1994 and 1995), the area has met the first statutory criterion of

attainment of the CO NAAQS (40 CFR 50.8 and appendix C). Virginia,

Maryland and the District of Columbia have committed to continue

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

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

Virginia's, Maryland's and the District of Columbia's CO SIPs are

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 Virginia's,

Maryland's and the District of Columbia's redesignation requests.

Maryland's CO SIP was fully approved by EPA on September 19, 1994, at

40 CFR Sec. 52.1070(c)(71), (49 FR 36645). Virginia's CO SIP was

approved by EPA on January 25, 1984 at 40 CFR Sec. 52.2420(c)(78), (49

FR 3083). The District's CO SIP approved by EPA on October 3, 1984 at

40 CFR Sec. 52.47(c)(28), (49 FR 39059). The 1990 CAAA required that

nonattainment areas achieve specific new requirements depending on the

severity of the nonattainment classification. Requirements for the

Metropolitan Washington 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 Virginia, Maryland

and the District of Columbia 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. Because the Metropolitan Washington area is being

redesignated to attainment by this action, Virginia's, Maryland's and

the District of Columbia's Prevention of Significant Deterioration

(PSD) requirements will be applicable to new or modified sources in the

Metropolitan Washington area. All three States have been delegated PSD

authority (See Sec. 52.499 District of Columbia, 43 FR 26410, June 19,

1978, as amended 45 FR 52741, August 7, 1980; Sec. 52.1116 Maryland, 45

FR 52741, August 7, 1980, as amended 47 FR 7835, February 23, 1982;

Sec. 52.2448 Virginia 39 FR 7284, February 25, 1974.)

A. Emission Inventory

On March 1994 Maryland submitted a 1990 CO base year inventory to

EPA for review and approval. On November 1, 1993 and April 3, 1995,

Virginia submitted a 1990 CO base year emissions inventory to EPA for

review and approval. On January 13, 1994 the District of Columbia

submitted a 1990 CO base year emissions inventory to EPA for review and

approval. This inventory was used as the basis for calculations to

demonstrate maintenance. Virginia's, Maryland's and the District of

Columbia's submittal contains the detailed inventory data and summaries

by source category. Each of the State's submittals also contains

information related to how it comported with EPA's guidance, and which

model and emission factors were used (note, the MOBILE 5a model was

used), how

[[Page 2933]]

vehicle miles travelled (VMT) data was generated, and other technical

information verifying the emission inventory. 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. Maryland, Virginia and the District of Columbia

included the requisite inventory in the CO SIP. The base year for the

inventory was 1990, using a three month CO season of November 1990

through January 1991.

Stationary point sources, stationary area sources, on-road mobile

sources, and nonroad mobile sources of CO were included in the

inventory. Stationary sources with emissions of greater than 100 tons

per year were also included in the inventory.

The following list presents a summary of the CO peak season daily

emissions estimates in tons per winter day by source category:

Wintertime CO Emissions

[Tons per day]

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

Point

State Mobile Area (stationary)

sources sources sources

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

Virginia.............................. 288.55 9.89 .92

Maryland............................. 1161.34 71.36 4.61

District of Columbia.................. 410.30 18.08 3.32

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

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 of the Virginia, Maryland and District of Columbia 1990 base

year CO emissions inventories submitted on November 11, 1994 and April

3, 1995, March 21, 1994 and January 13, 1994 respectively, based on the

EPA's technical review of the CO inventory. For further details, 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 Metropolitan

Washington area has a design value above 9.6 ppm based on 1988 and 1989

data and consequently was subject to the requirement to adopt an

oxygenated fuel program. Virginia, Maryland and the District of

Columbia submitted oxygenated gasoline SIP revisions for the

Metropolitan Washington CMSA to EPA on November 8, 1993, November 13,

1992 and October 22, 1993, respectively. EPA approved the SIP revisions

for Virginia and Maryland on April 15, 1994 and June 6, 1994

respectively. As noted in the Virginia, Maryland and District of

Columbia redesignation requests, the States intend to relegate the

oxygenated fuel program to contingency status upon EPA's approval of

their redesignation requests. By September 1, 1997 Virginia commits to

adopt and submit to EPA an oxygenated fuel regulation that will be

effective at the beginning of the next control period upon a monitored

violation of the CO NAAQS (two or more exceedances of the CO NAAQS in a

single calendar year). By January 1996, Maryland commits to adopt and

submit to EPA an oxygenated fuel regulation that will be effective at

the beginning of the next control period upon a monitored violation of

the CO NAAQS (two or more exceedances of the CO NAAQS in a single

calendar year). EPA took a limited approval/limited disapproval action

of the District of Columbia's oxygenated fuels SIP. The District's

regulations at 20 District of Columbia Municipal Regulations Chapter 1,

Section 199--definitions was deficient in that it lacks the following:

A definition for the terms ``carriers; a sampling procedure; and

procedures for the calculation of oxygenated content in the gasoline

sampled. With approval of the redesignation request the oxygenated

fuels program will only be relied upon as a contingency measure. For

purposes of section 175A, a state is not required to have fully adopted

contingency measures that will take effect without further action by

the State in order for the maintenance plan to be approved. However, as

stated above, the contingency plan is considered an enforceable part of

the SIP and should ensure that the contingency measures are adopted

expediently once they are triggered. The plan needs to identify the

measure to be adopted and a schedule and procedure for adoption and

implementation. For these reasons, the District can correct the

deficiency subject to the approval of the District's oxygenated fuels

SIP at 40 CFR part 52, Sec. 52.472, (published at 60 FR 5134 on January

26, 1995) when it submits the revised regulation as a contingency

measure. EPA's January 26, 1995 limited approval/limited disapproval of

the District's oxygenated fuels SIP also initiated an 18-month

sanctions clock under section 179 of the Act. By this action to move

the oxygenated fuels program into the contingency measure portion of

the maintenance plan, the sanction clock is no longer applicable. By

December 1995, the District of Columbia commits to adopt and submit to

EPA an oxygenated fuel regulation that will be effective at the

beginning of the next control period upon a monitored violation of the

CO NAAQS (two or more exceedances of the CO NAAQS in a single calendar

year), and correct the deficiencies previously identified by EPA in the

January 26, 1995 rulemaking.

In its demonstration of maintenance, described below, the States

have shown that oxygenated gasoline in the Metropolitan Washington CMSA

is not necessary for continued maintenance of the CO NAAQS.

Consequently, by this action, EPA is approving Virginia, Maryland and

the District of Columbia's use of oxygenated gasoline as a contingency

measure for the Metropolitan Washington area.

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

[[Page 2934]]

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

Virginia, State of Maryland and the District of Columbia were 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, Virginia, Maryland and the District of

Columbia were required to submit a SIP revision containing general

conformity criteria and procedures consistent with those established in

the Federal rule by December 1, 1994. Maryland, Virginia and the

District of Columbia submitted transportation conformity SIP revisions

to EPA on May 15, 1995; May 16, 1995; and, May 15, 1995, respectively.

Furthermore, Virginia, Maryland and the District of Columbia have all

submitted on May 15, 1995 SIP revisions for general conformity.

Although this redesignation request was submitted to EPA after the due

dates for the SIP revisions for transportation conformity [58 FR 62188]

and general conformity [58 FR 63214] 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 1079d). 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.

Under this policy, EPA believes that the CO redesignation request

for the Washington area may be approved notwithstanding the lack of

approved state transportation and general conformity rules.

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

EPA approved Virginia's, Maryland's and the District of Columbia's

CO SIPs under the 1977 CAA. Emission reductions achieved through the

implementation of control measures contained in that SIP are

enforceable. These measures were: The Federal Motor Vehicle Control

Program, the basic automobile inspection and maintenance program (I/M),

Federal Reformulated Gasoline Program, Tier I controls on new vehicles,

Low Emission Vehicles (LEV) (in Maryland and Washington, DC only),

State II Vapor Recovery, Evaporative Emissions Control Program, and On-

Board Diagnostics Controls.

As discussed above, the State initially attained the NAAQS in 1988

with monitored attainment through 1993. This indicates that the

improvements are due to the permanent and enforceable measures

contained in the 1982 CO SIP. With the exception of the LEV program and

on-board diagnostics controls, all these measures are permanent and

enforceable because they are either an existing program in the State

and part of the federally approved SIP (e.g., basic I/M, stage II vapor

recovery) or are a federally implemented program (e.g., reformulated

gasoline, FMVCP, or Tier I controls on new vehicles).

The Commonwealth of Virginia and the State of Maryland and the

District of Columbia have 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.

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 State of Virginia's,

Maryland's and the District of Columbia's maintenance plans for the

Metropolitan Washington area because EPA finds that Virginia's,

Maryland's, and District of Columbia's submittal meets the requirements

of section 175A.

A. Attainment Emission Inventory

As previously noted, on March 1994, November 11 and 30, 1992 and

January 7, 1993, Maryland, Virginia and the District of Columbia

respectively submitted a 1990 base year emissions inventory to EPA for

review and approval. The inventory includes emissions from area,

stationary, and mobile sources using 1990 as the base year for

calculations.

The State submittal contains the detailed inventory data and

summaries by county and 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.

Although the 1990 inventory can be considered representative of

attainment conditions because the NAAQS was not violated during 1990,

Virginia, Maryland and the District of Columbia established CO

emissions for the attainment year, as well as two forecast years out to

the year 2010 (2007 and 2010) in their redesignation request. These

estimates were derived from the State's 1990 emissions inventory. The

state projected emissions for the end of the maintenance period using

appropriate growth factors, consistent with EPA guidance. To project

future emissions from mobile sources, MOBILE5a was used to assess the

benefits gained from federally mandated control measures. The control

programs assumed are listed in Section III. Stationary source emissions

were projected using the 1990 base year inventory and multiplying with

EGAS factors. The area source future emissions were projected using the

1990 base year inventory and multiplying the inventory with household,

population, and employment growth factors from the national Capital

Region Transportation Planning Board (TPB) Round 5.1 forecasting

system.

[[Page 2935]]

B. Demonstration of Maintenance-Projected Inventories

Total CO emissions were projected from 1990 base year to 2010.

These projected inventories were prepared in accordance with EPA

guidance. Virginia, Maryland and the District of Columbia will not

implement the Oxygenated Fuel program in the Metropolitan Washington

CMSA unless a violation is measured. 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 Metropolitan

Washington area will maintain the CO standard without the program, and

the oxygenated fuel 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 the Metropolitan Washington

area depends, in part, on the State's efforts toward tracking

indicators of continued attainment during the maintenance period. In

addition, comprehensive reviews will be conducted periodically of the

factors used to develop the attainment inventories and those used to

project CO emissions levels for 1995 and 2007. If any of the localities

find significant differences between actual and projected growth,

updated emission inventories will be developed to compare with the

projections.

D. Contingency Plan

The level of CO emissions in the Metropolitan Washington area will

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

in the future. Despite the State'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, Virginia, Maryland and the District of

Columbia have provided contingency measures with a schedule for

implementation in the event of a future CO air quality problem. The

plan contains triggering mechanisms to determine when contingency

measures are needed.

The Virginia, Maryland and District of Columbia contingency plan

triggers will be a violation of the CO NAAQS. By September 1, 1997

Virginia commits to adopt and submit to EPA an oxygenated fuel

regulations that will be effective at the beginning of the next control

period upon a monitored violation of the CO NAAQS (two or more

exceedances of the CO NAAQS in a single calendar year). By January

1996, Maryland commits to adopt and submit to EPA a oxygenated fuel

regulations that will be effective at the beginning of the next control

period upon a monitored violation of the CO NAAQS (two or more

exceedances of the CO NAAQS in a single calendar year). By December

1995, the District of Columbia commits to adopt and submit to EPA a

oxygenated fuel regulations that will be effective at the beginning of

the next control period upon a monitored violation of the CO NAAQS (two

or more exceedances of the CO NAAQS in a single calendar year). EPA

finds that the contingency measure provided in the Virginia, Maryland

and the District of Columbia submittals meet the requirements of

section 175A(d) of the CAA.

E. Subsequent Maintenance Plan Revisions

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

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

redesignated to attainment. Such 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 Virginia, Maryland and the District of Columbia have 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 Metropolitan Washington area 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 Metropolitan Washington CO area to attainment, because the State

has demonstrated compliance with the requirements of section

107(d)(3)(E) for redesignation. EPA is also approving Virginia's,

Maryland's and the District of Columbia's 1990 base year CO emissions

inventory for the Metropolitan Washington CMSA. 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 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

[[Page 2936]]

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.

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. The

Administrator certifies that the approval of the redesignation request

will not affect a substantial number of small entities.

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.

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 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 23, 1995.

Stanley Laskowski,

Acting Regional Administrator, Region III.

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 J--District of Columbia

2. Section 52.470 is amended by adding paragraph (c)(36) to read as

follows:

Sec. 52.470 Identification of plan.

* * * * *

(c) * * *

(36) The carbon monoxide redesignation and maintenance plan for the

District of Columbia submitted by the District of Columbia Department

of Consumer and Regulatory Affairs on October 12, 1995, as part of the

District of Columbia SIP. The emission inventory projections are

included in the maintenance plan.

(i) Incorporation by reference.

(A) Letter of October 12, 1995 from the District of Columbia

Department of Consumer and Regulatory Affairs requesting the

redesignation and submitting the maintenance plan.

(B) Maintenance Plan for the Metropolitan Washington Carbon

Monoxide Nonattainment Area adopted on September 20, 1995.

(ii) Additional material.

(A) Remainder of October 12, 1995 State submittal.

Sec. 52.472 [Amended]

2a. Section 52.472 is amended by removing and reserving paragraph

(e).

3. Section 52.474 is added to read as follows:

Sec. 52.474 1990 Base Year Emission Inventory for Carbon Monoxide

EPA approves as a revision to the District of Columbia

Implementation Plan the 1990 base year emission inventory for the

Washington Metropolitan Statistical Area, submitted by Director,

District of Columbia Consumer and Regulatory Affairs, on January 13,

1994 and October 12, 1995. This submittal consist of the 1990 base year

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

inventories in the Washington Statistical Area for the pollutant,

carbon monoxide (CO).

Subpart V--Maryland

4. Section 52.1070 is amended by adding paragraph(c)(118) to read

as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(118) The carbon monoxide redesignation and maintenance plan for

the Counties of Montgomery and Prince George, Maryland submitted by the

Maryland Department of the Environment on October 12, 1995, as

[[Page 2937]]

part of the Maryland SIP. The emission inventory projections are

included in the maintenance plan.

(i) Incorporation by reference.

(A) Letter of October 12, 1995 from the Maryland Department of the

Environment requesting the redesignation and submitting the maintenance

plan.

(B) Maintenance Plan for the Maryland portion of the Metropolitan

Washington Carbon Monoxide Nonattainment Area adopted on September 20,

1995.

(ii) Additional material.

(A) Remainder of October 12, 1995 State submittal.

5. Section 52.1075 is amended by redesignating existing text as

paragraph (a) and adding paragraph (b) to read as follows:

Sec. 52.1075 1990 Base Year Emission Inventory for Carbon Monoxide

* * * * *

(b) EPA approves as a revision to the Maryland Implementation Plan

the 1990 base year emission inventory for the Washington Metropolitan

Statistical Area, submitted by Secretary, Maryland Department of the

Environment, on March 21, 1994 and October 12, 1995. This submittal

consist of the 1990 base year stationary, area and off-road mobile and

on-road mobile emission inventories in the Washington Statistical Area

for the pollutant, carbon monoxide (CO).

Subpart VV--Virginia

6. Section 52.2420 is amended by adding paragraphs (c)(107) to read

as follows:

Sec. 52.2420 Identification of plan.

* * * * *

(c) * * *

(107) The carbon monoxide redesignation and maintenance plan for

the Counties of Arlington and Alexandria, Virginia submitted by the

Virginia Department of Environmental Quality on October 4, 1995, as

part of the Virginia SIP. The emission inventory projections are

included in the maintenance plan.

(i) Incorporation by reference.

(A) Letter of October 4, 1995 from the Virginia Department of

Environmental Quality requesting the redesignation and submitting the

maintenance plan.

(B) Maintenance Plan for the Virginia portion of the Metropolitan

Washington Carbon Monoxide Nonattainment Area adopted on September 20,

1995.

(ii) Additional material.

(A) Remainder of October 4, 1995 State submittal.

7. Section 52.2425 is added to read as follows:

Sec. 52.2425 1990 Base Year Emission Inventory for Carbon Monoxide.

EPA approves as a revision to the Virginia Implementation Plan the

1990 base year emission inventory for the Washington Metropolitan

Statistical Area, submitted by Director, Virginia Department of

Environmental Quality, on November 1, 1993, April 3, 1995 and October

12, 1995. This submittal consist of the 1990 base year stationary, area

and off-road mobile and on-road mobile emission inventories in the

Washington Statistical Area for the pollutant, carbon monoxide (CO).

PART 81--[AMENDED]

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

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

Subpart C--Section 107 Attainment Status Designations

9. In Sec. 81.309, the table for ``District of Columbia-Carbon

Monoxide'' is amended by revising the entry for the ``Washington Area

Entire Washington Area'' to read as follows:

Sec. 81.309 District of Columbia.

* * * * *

District of Columbia-Carbon Monoxide

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

Designation Classification

Designated area ------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

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

Washington Area:

Washington Entire Area....... Attainment

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

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

* * * * *

10. In Sec. 81.321, the table for ``Maryland-Carbon Monoxide'' is

amended by revising the entry for ``Montgomery County'' and for

``Prince George's County'' to read as follows:

Sec. 81.321 Maryland.

* * * * *

Maryland-Carbon Monoxide

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

Designation Classification

Designated area ------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

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

* * * * * *

*

Washington Area:

Montgomery County (part) Attainment

Election Districts 4, 7, 13.

Prince George's County (part) Attainment

Election Districts 2, 6, 12,

16, 17, 18.

* * * * * *

*

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

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

* * * * *

11. In Sec. 81.347, the table for ``Virginia-Carbon Monoxide'' is

amended by revising the entry for ``Alexandria'' and for ``Arlington

County'' to read as follows:

Sec. 81.347 Virginia.

* * * * *

[[Page 2938]]

Virginia-Carbon Monoxide

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

Designation Classification

Designated area ------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

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

Washington area:

Alexandria................... Attainment ......................

Arlington County............. Attainment ......................

* * * * * *

*

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

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

* * * * *

[FR Doc. 96-1592 Filed 1-29-96; 8:45 am]

BILLING CODE 6560-50-P