Clean Air Act Approval and Promulgation of State Implementation Plan for Colorado; Oxygenated Gasoline Program; Carbon Monoxide State Implementation Plans for Denver and LongmontSupplemental Notice; and PMINF10 State Implementation Plan for DenverSupplemental Notice

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-5660-6]

Clean Air Act Approval and Promulgation of State Implementation

Plan for Colorado; Oxygenated Gasoline Program; Carbon Monoxide State

Implementation Plans for Denver and Longmont--Supplemental Notice; and

PM10 State Implementation Plan for Denver--Supplemental Notice

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rulemaking.

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SUMMARY: The Environmental Protection Agency (``EPA'' or the

``Agency'') is proposing to approve a State Implementation Plan (SIP)

revision submitted by the State of Colorado that would shorten the

season for the oxygenated gasoline program from four to three and a

half months. The State has requested that EPA approve Colorado's

elimination of the requirement for oxygenated gasoline use during the

last two weeks of February for the Denver-Boulder, Fort Collins-

Loveland, and Colorado Springs Metropolitan Statistical Areas (MSA).

Based on Colorado's revision to its oxygenated gasoline requirements,

EPA is reproposing approval of the Denver Carbon Monoxide (CO) SIP,

Longmont CO SIP, and Denver PM10 SIP. EPA is taking the action to

shorten the oxygenated gasoline season under Sections 110 and 211(m) of

the Clean Air Act.

DATES: Comments must be received on or before January 6, 1997.

ADDRESSES: Comments may be mailed to Richard R. Long, Director, Air

Programs, USEPA Region VIII (P2-A), 999 18th Street--Suite 500, Denver,

Colorado 80202-2466. Copies of the documents relevant to this action

are available for public inspection during normal business hours at the

above address. Interested persons wanting to examine these documents

should make an appointment with the appropriate contact person at least

24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Scott Lee, at (303) 312-6736 or via e-

mail at [email protected]. While information may be requested

via e-mail, comments must be submitted in writing to the EPA Region

VIII address above.

SUPPLEMENTARY INFORMATION:

I. Background

Section 211(m) of the Act requires that certain states submit

revisions to their SIPs, and implement oxygenated gasoline programs, no

later than November 1, 1992. This requirement applies to all states

with carbon monoxide nonattainment areas with design values of 9.5

parts per million or more based generally on 1988 and 1989 data. The

Act requires that the winter oxygenated gasoline program apply to all

gasoline sold in the larger of the Consolidated Metropolitan

Statistical Area (CMSA) or Metropolitan Statistical Area (MSA) in which

the nonattainment area is located. (In Colorado, these areas are the

Colorado Springs MSA, Fort Collins-Loveland MSA, and the Denver-Boulder

CMSA.) Gasoline for the specified control area(s) must contain not less

than 2.7% oxygen by weight during that portion of the year in which the

areas are prone to high ambient concentrations of carbon monoxide.

Under Section 211(m)(2), the length of the control period,

established by the EPA Administrator, shall not be less than four

months unless a state can demonstrate that, because of meteorological

conditions, a reduced control period will assure that there will be no

carbon monoxide exceedances outside of such reduced period. EPA

guidance \1\ identified an appropriate control period for Colorado, to

run from the first day of November through the last day of February.

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\1\ See ``Guidelines for Oxygenated Gasoline Credit Programs and

Guidelines on Establishment of Control Periods under Section 211(m)

of the Clean Air Act as Amended--Notice of Availability,'' 57 FR

47849 (October 20, 1992).

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On November 26, 1992, the State of Colorado submitted to EPA a

revision to Regulation No. 13 (Colorado had an existing state oxygen

gasoline program), which updated Colorado's oxygenated gasoline program

to meet federal guidelines. The November 26, 1992 SIP revision provided

for a 2.7% minimum oxygen content by weight program and established a

control period in accordance with the EPA guidance. EPA proposed

approval of this SIP revision on January 11, 1994 (59 FR 1513) and

finalized approval on July 25, 1994 (59 FR 37698) in conjunction with a

limited approval of Colorado's PM10 SIP.

On July 11, 1994, Governor Roy Romer submitted comprehensive

revisions to the Colorado SIP. Included in the comprehensive revision

was a commitment to revise Regulation No. 13, Colorado Oxygenated

Gasoline Program. The State's commitment, which it has since met, was

to adopt and implement a 3.1% oxygenated fuels program, providing

additional benefit over the 2.7% program already required in the area

by Section 211(m) of the Act. The State determined it needed the

additional benefit to ensure attainment of the CO standard in Denver by

the applicable attainment date.

The Colorado Air Quality Control Commission (AQCC) revised

Regulation No. 13 in two steps. On July 19, 1994, the AQCC revised

Regulation No. 13 to incorporate the ``maximum blending'' approach for

the winter of 1994-95. This approach requires gasoline suppliers using

methyl tertiary butyl ether (MTBE) as an oxygenate to blend at the 2.7%

oxygen level (the maximum allowed by Federal regulations), and

suppliers using ethanol as an oxygenate to blend at the 3.5% oxygen

level (also the maximum allowed by Federal regulations). The market

share of ethanol in the Denver area has exceeded 50% in recent years,

and this approach is expected to result in at least a 3.1% oxygen

content during each winter season. On October 20, 1994, the AQCC

revised Regulation No. 13 to incorporate a more complex 3.1%

``averaging'' program. If the maximum blending approach should fail to

provide for at least a 3.1% oxygen content, the SIP revision provides

that in subsequent winter seasons the averaging program will take

effect. On September 29, 1995, the Governor submitted both revisions to

EPA for approval. EPA found the submittal complete on November 30,

1995. On July 9, 1996, EPA proposed approval of these revisions as a

control measure for the Denver CO SIP and a

[[Page 64648]]

contingency measure for the Longmont CO SIP \2\ (61 FR 36004).

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\2\ For the Longmont CO SIP, the State also included the

previously approved 2.7% oxygenated gasoline program as a control

measure for the attainment demonstration. See 61 FR 36004.

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On October 19, 1995, the AQCC held a public hearing and adopted a

SIP revision (revision to Regulation No. 13) based on the provision of

section 211(m)(2) that allows EPA to reduce the oxygenated gasoline

control period if the State can demonstrate that, because of

meteorological conditions, a reduced period will assure that there will

be no exceedances of the carbon monoxide standard outside of such

reduced period. The revision eliminates the oxygenated gasoline program

requirements for the last two weeks of February, otherwise leaving

Colorado's program requirements unchanged. The Governor submitted the

revision to EPA for approval on December 22, 1995 and indicated that

the revision superseded and replaced all previous versions of

Regulation No. 13.

II. EPA Analysis of State Submittal

The applicable Clean Air Act requirements and EPA's rationale for

its proposed actions are discussed below.

A. Section 211(m)(2) Demonstration

Section 211(m)(2) of the Clean Air Act states the Administrator may

reduce the oxygenated gasoline control period below the minimum four

months ``if the State can demonstrate that because of meteorological

conditions, a reduced period will assure that there will be no

exceedances of the carbon monoxide standard outside of such reduced

period.''

Based on this provision, EPA required the State to demonstrate,

based on worst-case meteorology for Denver for the last 21 years (as

indicated by daily peak 8-hour CO concentrations), at least a 95%

probability that there would be no exceedances of the CO standard

during the last two weeks of February as a result of the shortening of

the control period. EPA believes that to implement the statutory

requirement of assuring no exceedances it is reasonable to require a

State to show a very high probability of no exceedances and that 95% is

a reasonable threshold for the State's demonstration here. Given the

limitations of statistical analysis and the problems associated with

proving a negative, EPA believes that a higher threshold would be

inappropriate. EPA has not determined whether a lower threshold would

provide sufficient assurance that there would be no exceedances.

EPA believes the selected approach is conservative in assuring no

exceedances of the CO standard. The risk analysis is based on worst-

case conditions, and assumes that no oxygenates are present in gasoline

beginning on February 14. However, because 3.1% oxygen content

requirements are enforced at both retail outlets and at the terminals

that supply retail outlets until the end of the control period,

oxygenated gasoline continues to be supplied to retail outlets from the

terminals after the end of the control period. Historically, the

presence of oxygenates has tapered off over a two week period after the

control period ends. EPA expects this trend to continue. Therefore,

some level of oxygenates will be in gasoline and CO reductions will

continue to be realized throughout the two-week period for which

control requirements are being eliminated.

The State performed an analysis of the probability of a carbon

monoxide exceedance in the Denver area during the last two weeks of

February 1996 assuming no oxygenates in automotive fuels and all other

elements of the Denver CO SIP in place. The analysis was based on a

climatology of 21 years of measured daily peak carbon monoxide

concentrations at the CAMP monitoring site in downtown Denver for the

two weeks of interest. The high concentrations at the CAMP site have

generally been the highest measured at CO monitoring sites in the

Denver-Boulder area during the last two weeks of February. CAMP has

also shown the greatest number of exceedances of the CO NAAQS during

this two-week period. The twenty-one year period of record was

sufficiently long to provide statistically realistic estimates of

worst-case atmospheric dispersion conditions. Carbon monoxide emissions

in Denver are expected to decrease between 1996 and 2005, and are

expected to remain below 1996 levels at least through 2015, because a

cleaner vehicle fleet is projected to more than offset the effect of

increasing traffic volumes. Thus, the calculated probability of a CO

NAAQS exceedance is at a maximum in 1996 at least through 2015. EPA

does not believe it is necessary or reasonable to project beyond 2015

to meet the statutory requirement of assuring no exceedances, given the

increasing uncertainty inherent in such long-range forecasting, and

believes that a shorter period might be adequate.

In order to normalize the effects of emissions changes over the 21-

year study period, measured concentrations were adjusted to reflect

estimated changes in CO emissions between the measurement year and

1996. The resulting analysis provided a distribution of concentrations

that would have occurred had the same historical meteorological

conditions occurred at 1996 emission rates, without oxygenated fuels.

The State's analysis, using three different statistical methods, showed

that there would have been between a 3 and 5% probability of a CO NAAQS

exceedance during the last two weeks of February 1996 if oxygenated

fuels had not been in use. As noted above, due to the effects of fleet

turnover, this 3 to 5% probability should represent the maximum

probability of an exceedance during the last two weeks of February at

least through 2015, and the probability should in fact decrease between

1996 and 2005.

For the Colorado Springs and Fort Collins-Loveland areas, if the

oxygenated gasoline program is eliminated during the last two weeks of

February, the probability of an exceedance during those two weeks is

lower than it is for the Denver area. Compared to the Denver area,

these areas have experienced significantly fewer exceedances of the CO

standard and significantly lower ``high'' concentrations over the

relevant time frame. Thus, the probability of an exceedance in the last

two weeks of February 1996 in the Colorado Springs area and the Fort

Collins-Loveland area, if the oxygenated gasoline program had been

eliminated, would have been less than the 3 to 5% projected at the CAMP

monitor. The probability is expected to decrease in years after 1996

due to fleet turnover.

The State's analysis meets the requirements discussed above and,

thus, EPA can approve the shortening of the control period. However, if

an exceedance occurs during the last two weeks of February, EPA intends

to reevaluate this determination and consider calling for a SIP

revision.

B. Impact on Denver and Longmont Carbon Monoxide SIPs

On July 9, 1996, EPA proposed approval of the Denver and Longmont

CO SIPs. Subsequent to this proposal, EPA became aware that the version

of Regulation No. 13 that was a control measure for Denver and a

contingency measure for Longmont had been replaced by the October 19,

1995 version of Regulation No. 13. The two versions are identical

except that the October 19, 1995 version eliminates the last two weeks

of February from the program. In addition, for the Longmont CO SIP, the

State took credit in the attainment demonstration for the 2.7%

oxygenated gasoline program contained

[[Page 64649]]

in the version of Regulation No. 13 that EPA approved on July 25, 1994

(59 FR 37698). The October 19, 1995 Regulation No. 13 replaces the four

month, 2.7% program with the three-and-a-half month, 3.1% program.

Hence, for purposes of the Denver and Longmont CO SIPs, EPA is

publishing this supplemental notice to announce EPA's proposal to

approve the SIPs with the October 19, 1995 version of Regulation No. 13

substituted for the prior versions. The analysis regarding the CO SIPs

remains as described in the July 9, 1996 proposal, except that EPA

explains below the basis for its conclusion that the elimination of the

last two weeks of the oxygenated gasoline program does not affect the

validity of the attainment demonstration for the Denver CO SIP or the

attainment demonstration and contingency measures for the Longmont CO

SIP.

1. Denver CO SIP Attainment Demonstration

The attainment demonstration is based on adverse meteorological

conditions that occurred on January 15, 1988, and December 5, 1988. The

State chose these dates because they represent the highest CO

concentration episodes that were observed between January 1988 and

January 1991.3 The attainment demonstration is based on the

presumption that if the standard is attained under the conditions

present during these highest ranking CO episodes, it will also be

attained for the remainder of the winter season. This is consistent

with EPA policy regarding CO attainment demonstrations. None of the top

forty-eight ranked episodes during the 1988 to 1991 period occurred

during the last two weeks of February. Concentrations during the

highest-ranked late February episodes were much lower than those

recorded during the highest episodes in December and January.4 The

maximum calculated incremental increase (1.85 ppm) in CO concentration

from non-oxygenated fuel vehicles would not be sufficient to increase

total CO concentrations above 9.0 ppm during the last two weeks of

February in the attainment year. Thus, NAAQS attainment would be

assured during the last two weeks of February 2000 even without the

oxygenated gasoline program.

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\3\ EPA guidance calls for the use of three years of monitoring

data as the basis for modeling attainment. See ``Guideline for

Regulatory Application of the Urban Airshed Model for Area-wide

Carbon Monoxide,'' EPA-450/4-92-011a, June 1992.

\4\ The highest value recorded in the 1988 to 1991 period was

18.7 ppm. The 48th highest value during the 1988 to 1991 period was

9.0 ppm. Since the highest-ranked episode during the last two weeks

of February was not within the top 48 values overall, it was lower

than 9.0 ppm and was much lower than 18.7 ppm.

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2. Longmont CO SIP

For the Longmont CO SIP, the State relied on the preexisting 2.7%

oxygenated gasoline program as one of the control measures in the

attainment demonstration and the State selected the 3.1% oxygenated

gasoline program as the contingency measure. EPA believes neither

measure is necessary for the last two weeks of February for the reasons

discussed below.

With respect to the attainment demonstration, the State calculated

a second high value at the end of 1995 (the attainment date) of 6.97

ppm CO. This second high value was calculated to occur on January 27,

1995; high values for the last two weeks of February were even lower.

However, even if one were to assume this second high value occurred

during the last two weeks of February, the elimination of the 2.7%

oxygenated fuels program would not have caused the second high value to

exceed the CO standard. Since fleet turnover is expected to

progressively reduce CO concentrations in future years, the elimination

of the 2.7% oxygenated gasoline program during the last two weeks of

February will also not affect maintenance of the CO standard in the

Longmont area.

With respect to the contingency measure, Longmont has never

recorded an exceedance of the CO standard in February. The highest

value recorded in February was 8.9 ppm, recorded on February 13, 1988,

during the special monitoring study conducted in 1988 and 1989. The

federal motor vehicle control program and the enhanced inspection/

maintenance program have led to significant reductions in emissions

since that time, and these reductions are expected to continue in

future years due to fleet turnover. Because Longmont has never had

values over the CO standard during the last two weeks of February, and

because data in recent years have not even approached the standard

during the last two weeks in February, EPA has determined that it is

not necessary for the State to require an oxygenated gasoline program

during the last two weeks of February as a contingency measure in the

Longmont CO SIP.

C. Impact on the Denver PM10 SIP

On October 3, 1996, EPA proposed approval of the Denver PM10

SIP. As with the Denver CO SIP, EPA became aware after proposing

approval of the PM10 SIP that the version of Regulation No. 13

that comprised a portion of the Denver PM10 SIP had been replaced

by the October 19, 1995 version of Regulation No. 13. As noted above,

the October 19, 1995 version eliminates the last two weeks from the

program and calls for a 3.1% program rather than a 2.7% program. Hence,

for the purposes of the Denver PM10 SIP, EPA is publishing this

supplemental notice to propose to approve the Denver PM10 SIP with

the October 19, 1995 version of Regulation No. 13 substituted for the

prior version. The analysis regarding the Denver PM10 SIP remains

as described in the October 3, 1996 proposal, except that EPA explains

below the basis for its conclusion that the elimination of the last two

weeks of the oxygenated gasoline program does not affect the validity

of the PM10 SIP.

The modeling analysis for the PM10 SIP attainment

demonstration used a gridded emissions inventory for the Denver

Metropolitan area and five years of historical meteorological data from

Stapleton airport. To ensure accuracy, the model was tested by

comparing modeled PM10 concentrations with those actually measured

at PM10 monitoring sites during the base years (1984-1989). Model

evaluation testing showed that the PM10 modeling system met

published EPA criteria for accuracy. In the PM10 SIP attainment

demonstration runs, the emission inventory was projected to the year

1995 and included emission reductions related to the proposed PM10

control measures. Because five years of meteorological data were used,

the 24-hour PM10 NAAQS is met when the predicted sixth highest

PM10 concentration at all receptor locations is less than 150

g/m3. The final SIP modeling results showed a sixth

highest 1995 concentration of 147.8 g/m3 near the CAMP

monitoring station in Downtown Denver.

To estimate the effect of shortening the oxygenated fuels program

on PM10 attainment, the effect on total motor vehicle emissions

was first calculated. EPA estimated that motor vehicle exhaust

emissions of PM10 during late February would increase by

approximately 4.4% without oxygenated fuels. This emission increase was

then factored back into the PM10 SIP attainment modeling to

determine the effect on predicted concentrations. At the highest

concentration receptor locations near the CAMP monitoring site, motor

vehicle exhaust accounted for about 10.6 g/m3 of the

total predicted PM10 concentrations. A 4.4% increase in motor

vehicle exhaust would thus increase total PM10 concentrations by

0.46 g/m3. At the CAMP receptor and

[[Page 64650]]

other locations nearby, this increase would have been insufficient to

raise concentrations on the sixth highest ranked day above 150

g/m3 for the attainment year. Readers should note that

the shortening of the oxygenated gasoline program did not occur before

the PM10 attainment date.

EPA has also considered possible impacts on maintenance of the

PM10 NAAQS through the milestone date of December 31, 1997 and has

concluded that the elimination of the oxygenated gasoline program

during the last two weeks of February will not affect the maintenance

of the PM10 standard. In calculating the sixth highest PM10

concentration in the maintenance year, the State estimated the growth

in emissions and brought the concentration forward from the attainment

demonstration. This led to a value of 149.9 g/m3. If 0.46

g/m3 were added to this value, the 24-hour PM10

standard would be exceeded. However, the sixth highest value occurred

in December, not February, and thus, should be discarded. The seventh

highest value also occurred in December and should also be discarded.

However, even if this seventh highest value had occurred in the last

two weeks of February, elimination of the oxygenated gasoline program

would not have lead to an exceedance of the standard. The seventh

highest value during the attainment year was 146.4 g/m3.

Projecting to the end of 1997, this value would be 148.7 g/

m3. Adding 0.46 g/m3 to this value would not lead to

an exceedance of the standard. The highest PM10 value actually

modeled for the attainment year during the last two weeks of February

was 140.1 g/m3, significantly lower than 146.4

g/m3. Thus, the validity of the PM10 SIP is not

affected by the elimination of the last two weeks of February from the

oxygenated gasoline program.

III. Proposed Action

EPA is proposing to approve revisions to the Colorado SIP submitted

by the Governor on December 22, 1995. Specifically, EPA is proposing to

approve revised Regulation No. 13, which was adopted by the Colorado

Air Quality Control Commission on October 19, 1995. This revised

Regulation No. 13 has the effect of eliminating the oxygenated gasoline

requirements during the last two weeks of February for the Denver-

Boulder, Fort Collins-Loveland, and Colorado Springs Metropolitan

Statistical Areas. In addition, EPA is proposing to approve this

revision to Regulation No. 13 as a substitute for the October 20, 1994

version of Regulation No. 13 that EPA proposed to approve as a control

measure for the Denver CO SIP and a contingency measure for the

Longmont CO SIP on July 9, 1996 (61 FR 36004), and as a substitute for

the version of Regulation No. 13 that EPA approved on July 25, 1994 and

that the State relied on as control measure in the Longmont CO SIP (see

EPA's notice of proposed rulemaking dated July 9, 1996, 61 FR 36004)

and the Denver PM10 SIP (see EPA's notice of proposed rulemaking

dated October 3, 1996, 61 FR 51631, and EPA's limited approval of the

PM10 SIP dated July 25, 1994, 59 FR 37698). Also, based on this

revision to Regulation No. 13, EPA is reproposing to approve the

attainment demonstration in the Denver CO SIP, the attainment

demonstration in the Longmont CO SIP, and the attainment and

maintenance demonstrations in the Denver PM10 SIP.

EPA intends to take final action on this proposal to shorten the

oxygenated gasoline season at the same time as it takes final action on

the Denver and Longmont CO SIPs (proposed 61 FR 36004). EPA may take

final action on the Denver PM10 SIP (proposed 61 FR 51631) at a

separate time.

IV. Request for Public Comments

EPA is requesting comments on today's proposal. As indicated at the

outset of this document, EPA will consider any comments received by

January 6, 1997. With respect to the Denver and Longmont CO SIPs and

the Denver PM10 SIP, those wishing to comment should note that EPA is

only entertaining comment regarding these SIPs on the change to

Regulation No. 13 and any impact of this change on the approvability of

these SIPs. The comment period regarding other aspects of the CO SIP

has already closed and the comment period regarding other aspects of

the PM10 SIP was specified at 61 FR 51631 and closes on December 2,

1996.

V. Executive Order (EO) 12866

Under EO 12866, 58 FR 51735 (October 4, 1993), EPA is required to

determine whether regulatory actions are significant and therefore

should be subject to OMB review, economic analysis, and the

requirements of the EO. The EO defines a ``significant regulatory

action'' as one that is likely to result in a rule that may meet at

least one of the four criteria identified in section 3(f) of the EO,

including, under paragraph (1), that the rule may ``have an annual

effect on the economy of $100 million or more or adversely affect, in a

material way, the economy, a sector of the economy, productivity,

competition, jobs, the environment, public health or safety, or State,

local, or tribal governments or communities.''

The SIP-related actions proposed today have been classified as

Table 3 actions 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 has exempted these regulatory actions from EO 12866 review.

V. Regulatory Flexibility

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. sec. 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 that are

less than 50,000.

SIP revision 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 process does not impose any new requirements, EPA

certifies that this proposed rule would not have a significant impact

on any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a regulatory

flexibility analysis would constitute Federal inquiry into the economic

reasonableness of State actions. The CAA forbids EPA to base its

actions concerning SIPs on such grounds. Union Electric Co. v. EPA, 427

U.S. 246, 256-266 (S. Ct. 1976); 42 U.S.C. section 7410(a)(2).

VI. Unfunded Mandates

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 rule 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

[[Page 64651]]

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the SIP approval actions proposed today do

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. These Federal actions approve

pre-existing requirements under State or local law, and impose no new

requirements. Accordingly, no additional costs to State, local or

tribal governments, or to the private sector, result from these

actions.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Intergovernmental relations, Reporting and recordkeeping requirements.

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

Dated: December 2, 1996.

Jack W. McGraw,

Acting Regional Administrator.

[FR Doc. 96-31124 Filed 12-5-96; 8:45 am]

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