[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Proposed Rules]
[Pages 49285-49289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23818]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. NY23-1-155, FRL-5607-1]
Approval and Promulgation of Implementation Plans; State of New
York; Heavy Duty Clean Fuel Fleet Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
conditional approval of the State Implementation Plan revision
submitted by the State of New York for the purpose of meeting the
requirement to submit the heavy duty vehicle portion of the Clean Fuel
Fleet program (CFFP) required by the Clean Air Act. This revision will
establish and require the implementation of a Clean Fuel Fleet Program
applicable to centrally fueled heavy duty vehicle fleets in the New
York severe ozone nonattainment area.
DATES: Comments must be received on or before October 21, 1996.
ADDRESSES: All comments should be addressed to: Ronald Borsellino,
Chief, Air Programs Branch, Environmental Protection Agency, Region II
Office, 290 Broadway, New York, New York 10007-1866.
Copies of the state submittals are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
290 Broadway, 25th Floor, New York, New York 10007-1866
New York State Department of Environmental Conservation, Division of
Air Resources, 50 Wolf Road, Albany, New York 12233
FOR FURTHER INFORMATION CONTACT: Michael P. Moltzen, Air Programs
Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New
York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(c)(4)(A) of the Clean Air Act requires certain States,
including New York, to submit for EPA approval a State Implementation
Plan (SIP) revision that includes measures to implement a Clean Fuel
Fleet program (CFFP). Under this program, a certain specified
percentage of vehicles purchased by fleet operators for covered
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fleets must meet emission standards that are more stringent than those
that apply to conventional vehicles beginning in model year 1998.
Covered fleets are defined as fleets of 10 or more vehicles that are
centrally fueled or capable of being centrally fueled. The program
applies in the New York portion of the New York-Northern New Jersey-
Long Island nonattainment area.
Section 182(c)(4)(B) of the Act allows states to ``opt out'' of the
CFFP by submitting for EPA approval a SIP revision consisting of a
program or programs that will result in at least equivalent long term
reductions in ozone-producing and toxic air emissions as achieved by
the CFFP. The Clean Air Act directs EPA to approve a substitute program
if it achieves the long-term emissions reductions equivalent to those
that would have been achieved by the CFFP or the portion of the CFFP
for which the measure is to be substituted.
New York chose to opt out of the light duty vehicle portion of the
CFFP requirements with its May 15, 1994 and August 9, 1994 SIP
revisions that transmitted the New York State Code of Rules and
Regulations, Part 218, ``Emission Standards for Motor Vehicles and
Motor Vehicle Engines,'' the State's low emission vehicle program
(LEV). However, the State also chose not to opt out of the heavy duty
vehicle portion of the CFFP in the 1994 submissions. A proposed heavy
duty vehicle CFFP regulation was included in the May 15, 1994 submittal
that was intended by New York to fulfill the heavy duty portion of the
required program. EPA took final action in a Federal Register notice
dated January 6, 1995 approving the State's LEV program as an adequate
light duty vehicle CFFP substitute measure, as permitted by section
182(c)(4) of the Clean Air Act (see 60 FR 2022).
However EPA, in the same notice, disapproved the heavy duty portion
of that submittal (the reader is referred to the January 6, 1995 notice
for a detailed discussion of the severable nature of the CFFP). At that
time the heavy duty CFFP was unadopted by the State. Therefore,
pursuant to 40 CFR 52.31(c)(2), EPA found that New York failed to meet
one or more of the elements of SIP submission required by the Act,
namely that measures must be state-adopted. As a result of the partial
disapproval of the SIP, the January 6, 1995 notice initiated the
sanction process, mandated by section 179(a)(2) of the Clean Air Act.
The Clean Air Act prescribes two mandatory sanctions that the
Administrator must impose: (1) A requirement for two-for-one emissions
offsets in nonattainment areas for construction of major new and
modified sources, and (2) a cutoff of federal funding for certain
highway projects. The first sanction must be imposed eighteen months
from the date of the finding that the SIP revision is not approvable,
if the deficiency causing the disapproval is not corrected by that
time. New York's August 1996 heavy duty Clean Fuel Fleet regulation was
submitted to EPA in advance of the first sanction, which was scheduled
to take effect on September 7, 1996. In this notice, EPA is proposing
conditional approval of the State's heavy duty Clean Fuel Fleet program
as satisfying the requirements of the Clean Air Act and correcting the
deficiency identified in New York's first CFFP submittal. Elsewhere in
today's Federal Register, EPA is also publishing an Interim Final
Determination that New York has corrected the deficiency which started
the sanctions clocks and which will defer imposition of the sanctions.
II. Program Requirements
Unless a state chooses to opt-out of the CFFP under section
182(c)(4) of the Clean Air Act, section 246 of the Clean Air Act
directs a state containing covered areas to revise its SIP to establish
a CFFP. The CFFP shall require a specified percentage of all newly
acquired vehicles of covered fleets, beginning with model year (MY)
1998 and thereafter, to be Clean Fuel Vehicles (CFVs) and shall require
such vehicles to use the fuel on which the vehicle was certified to be
a CFV, when operating in the covered area.
III. State Submittal
The State of New York did not choose to opt-out of the heavy duty
portion of the CFFP pursuant to section 182(c)(4) of the Clean Air Act
and, therefore, submitted as part of its SIP revision on May 15, 1994,
a proposed heavy duty CFFP. However, because this portion of the
submittal did not include a fully adopted rule establishing a heavy
duty CFFP, EPA disapproved that portion of the submittal as required by
the Clean Air Act. On August 9, 1996, the State submitted to EPA a
letter requesting review of its heavy duty CFFP, that was proposed and
emergency adopted in the New York State Register on July 24, 1996. In a
letter dated August 23, 1996, EPA transmitted comments to New York on
its proposed addition to 6 NYCRR of Part 210, ``Centrally Fueled
Fleets.'' The State responded to EPA's August 23 letter with a letter
dated August 28, 1996, in which New York stated its intent to address
EPA's comments prior to fully adopting 6 NYCRR Part 210. Because the
State has a rule in place and has submitted a commitment to make
specific revisions to its program, EPA is proposing to conditionally
approve the rule submitted on August 9, 1996.
IV. Analysis of State Submittal
EPA has reviewed the State's submittal for consistency with the
requirements of EPA regulations. A summary of EPA's analysis is
provided below. More detailed support for approval of the State's
submittal is contained in a Technical Support Document (TSD), which is
available from the Region 2 Office, listed above.
A. Covered Areas
As required by section 246(a)(2) of the Clean Air Act, the SIP
revision needs to list those areas where the CFFP will be implemented.
In New York, the applicable area defined by section 246(a)(2) is
comprised of New York City, Long Island, Westchester and Rockland
Counties, and the seven southern-most townships in Orange County. Part
210.1(as) of 6 New York Code of Rules and Regulations (6 NYCRR) defines
the covered area to include the following counties: Bronx, Kings,
Queens, New York, Richmond, Rockland, Putnam, Westchester, Nassau and
Suffolk, and the lower Orange County towns of Blooming Grove, Chester,
Highlands, Monroe, Tuxedo, Warwick and Woodbury. The areas covered
under 6 NYCRR Part 210.1(as) are the same areas as required by the
Clean Air Act.
B. Definitions
Sections 241 (1) to (7) of the Clean Air Act, and 40 CFR 88.302-94,
define specific terms that are to be used in the state CFFP
regulations. 6 NYCRR Part 210.1 contains definitions of the terms used
by New York in the heavy duty CFFP rule. With three minor exceptions,
the revision's definitions are consistent with section 241 (1) to (7)
of the Clean Air Act as well as 40 CFR 88.302-94. In its August 28,
1996 letter of intent, New York indicated that it would address EPA's
comments regarding the following subparts of 6 NYCRR Part 210, based on
EPA's August 23, 1996 comments: (g), Capable of being centrally fueled,
(y), Financial hardship, and (an), Majority of travel. The first and
third of these would allow the State to use methods other than those
listed in the Clean Air Act or the CFR to determine which fleets are
covered by the CFFP. EPA believes the State has discretion to use other
methods to assist in that determination, although those methods would
be subject to EPA approval (see 58 FR 64682). The State's 6 NYCRR Part
210 needs to reflect the
[[Page 49287]]
dependance of such methods on EPA's approval. Subpart 210.1(y) of 6
NYCRR, defines the term ``financial hardship'' as it would relate to
covered fleet operators and the relative cost of compliance they would
incur. While not a Clean Air Act-required CFFP element, EPA does agree
that use of such a term would be reasonable in certain situations. If
the State chooses to retain this definition in the regulation, it
should modify it to be less specific or provide justification for the
detail it intends to employ in determining if a covered fleet operator
can claim financial hardship for the purpose of being exempted from the
CFFP requirements.
C. Covered Fleets
Section 241(5) of the Clean Air Act defines a ``covered fleet'' as
10 or more motor vehicles that are owned or operated by a single
person. Part 210.1(aq) and 210.2 of 6 NYCRR, taken together, identify
the vehicles/fleets that are included in New York's heavy duty CFFP,
and are consistent with section 241(5) of the Clean Air Act. Section
210.2 of 6 NYCRR correctly identifies federal fleets as among those
that would be required to participate in the CFFP if they were
determined to be covered. However, subpart (d) of that section imposes
federal agencies operating covered fleets to obtain CFV's from original
equipment manufacturers (OEM). EPA does not believe that such a
requirement is a necessary element of a state's CFFP, as it is not an
explicit requirement of section 246 to be included in states' SIP
revisions. In its August 28, 1996 letter of intent, New York agreed to
address EPA's comment that 6NYCRR Part 210.2 should be amended to
eliminate the specific requirement that covered federal fleets comply
with the CFFP by purchasing OEMs. Pursuant to section 248 of the Clean
Air Act, federal fleets are subject to the requirements of part C of
Title II of the Act. Federal fleets in the covered area would be
sufficiently subject to the requirements of New York's CFFP, once
approved by EPA, in the same manner as privately-owned fleets.
D. Vehicles Classes Covered
Sections 242 and 243 of the Clean Air Act and 40 CFR part 88,
subpart C, define the vehicle classes covered by the CFFP. Section
210.1(j) of 6 NYCRR defines the vehicle weight classes covered by the
New York heavy duty CFFP. These classes are light duty trucks between
6,000 and 8,500 pounds gross vehicle weight rating (GVWR) and heavy
duty trucks between 8,500 pounds and 26,000 pounds. New York's
subsections 210.1 (ad), (ae) and (af) further subdivide the heavy duty
vehicle class into light heavy duty vehicles (8,501 to 19,500 pounds),
medium heavy duty vehicles (19,501 to 26,000 pounds) and heavy heavy
duty vehicles (26,001 pounds and greater). Heavy heavy duty vehicles
are not affected by the heavy duty CFFP. The classes of vehicles
included in the revision are identical to those set forth in sections
242 and 243 of the Clean Air Act and 40 CFR part 88, subpart C, as they
apply to the two weight classes regulated in New York's CFFP.
E. Clean-Fuel Vehicles (CFVs)
Section 241(7) of the Clean Air Act defines a CFV to mean a vehicle
in a class or category of vehicles that has been certified to meet, for
any model year, the applicable CFV standards. 40 CFR 88.104-94 and 40
CFR 88.306-94 establish three categories of increasingly stringent CFV
standards, which are referred to as low-emission vehicle (LEV)
standards, ultra low-emission vehicle (ULEV) standards, and zero-
emission vehicle (ZEV) standards. In addition, a vehicle certified by
the EPA to meet the inherently low-emission vehicle (ILEV) standard,
found in 40 CFR 88.311-93, is also considered a CFV. Section 210.1(j)
of 6 NYCRR also defines a CFV as a vehicle which has been certified to
meet, for any model year, a set of emission standards, contained in
Tables 1 through 6 of the New York CFFP rule. The standards specified
in the rule are the same as those established in 40 CFR 88.104-94, 40
CFR 88.311-93, and 40 CFR 88.306-944, with one exception: in Table 6,
Emission standards for heavy-duty trucks, the ULEV formaldehyde (HCHO)
emission standard reads 0.05 grams per brake horsepower-hour(g/bhp-h);
it should read 0.025 g/bhp-h (see 40 CFR 88.105-94). In its August 28,
1996 letter of intent, New York agreed to address this concern.
F. Percentage Requirements
Section 246(b) of the Clean Air Act establishes phase-in
requirements for covered fleets applicable to new vehicle acquisitions.
Section 210.3 of 6 NYCRR contains the CFV purchase requirements for the
New York's heavy duty CFFP. The phase-in schedule in New York's rule is
identical to the schedule in the Clean Air Act. Sections 210.4 (a)(2)
and (b)(3) of 6NYCRR are similar to Clean Air Act section 246(c)(1),
which allows for an effective delay in the CFFP phase-in schedule upon
an EPA determination that clean fuel vehicles are not reasonably
available. In its August 28, 1996 letter of intent, New York agreed to
address EPA's comment regarding the need to modify its CFFP phase-in
schedule delay provision to make it necessarily more consistent with
Clean Air Act section 246(c)(1) and EPA policy. Section 246(c)(1)
allows for an effective delay in the CFFP phase-in schedule for clean
fuel vehicle purchases until one model year after vehicles of those
classes which meet the applicable clean fuel vehicle emission standards
are offered for sale in California; section 246 limits such a delay to
last no longer than Model Year 2001 vehicles.
G. Credit Program
Section 246(f) of the Clean Air Act and 40 CFR 88.304-94 require
the State to implement a credit program as part of the CFFP. Briefly,
the Clean Fuel Fleet (CFF) credit program establishes a market-based
mechanism that allows fleet owners some flexibility in complying with
the CFF purchase requirement. Fleet owners may meet the purchase
requirements by trading emission reduction credits earned in any the
following ways: (1) By the purchase of more CFVs than the minimum
required by a CFFP; (2) by the purchase of CFVs which meet more
stringent emission standards than the minimum required by the CFFP; (3)
by the purchase of CFVs otherwise exempt from the CFFP; and (4) by the
purchase of CFVs before MY 1998. The credits generated may be used by a
covered fleet operator to satisfy the purchase requirements of a CFFP
or may be traded by one covered fleet operator to another, provided the
credits were generated and used in, and both operators are located in,
the same nonattainment area. Certain restrictions on the trading of the
credits between classes must be observed. The credits do not depreciate
with time and are to be freely traded without interference by the
state.
Section 210.5 of 6 NYCRR establishes a credit program that provides
credits for operators who: (1) Acquire more CFVs than the New York
heavy duty CFFP requires in any year, (2) acquire CFVs which meet more
stringent emission standards than the minimum requirements, (3) acquire
CFVs in exempted vehicle categories, or (4) acquire CFVs prior to the
effective date of New York's CFFP regulation. These eligibility
requirements are consistent with section 246(f) of the Clean Air Act.
Section 210.5 of 6NYCRR includes Tables 8 and 9, which set forth the
amount of credit granted for the various ways of meeting the purchasing
requirements explained above. These tables are identical to Tables C94-
1.1 and C94-4.1 of 40 CFR part 88, subpart
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C. However, in Table 7 of 6NYCRR Part 210.4, Emission standards for
determining credit weighting, the LEV combined emission standard
(NMHC+NOX) reads 3.8 g/bhp-h; it should read 3.5 g/bhp-h (see
Table 3.2, 58 FR 11888, 3/1/93). In its August 28, 1996 letter of
intent, New York agreed to adress this concern.
The SIP revision requires credits for vehicles in separate weight
classes to be kept separate. Trading of credits between heavy duty
vehicle (HDV) subclasses in a downward direction only is permitted.
Trading is not allowed between vehicles greater than 8,500 pounds GVWR
and vehicles between 6,000 pound GVWR up to and including 8,500 pound
GVWR weight classes in an upward direction. These limitations and
restrictions are consistent with those specified in section 246(f)(2)
of the Clean Air Act.
H. Fuel Use
40 CFR 88.304-94(b)(3) requires that the fuel on which a dual-fuel
or flexible-fuel CFV was certified to be used at all times in such a
vehicle when it is operated in the covered area. Section 210.5(b)(3) of
6 NYCRR requires that for any dual-fuel/bi-fuel or flexible-fuel
vehicle to be considered a CFV (and therefore capable of generating
credit), the vehicle must be operated in the program area on the fuel
on which it was certified as a CFV. This limitation is consistent with
40 CFR 88.304-94(b)(3).
I. Fuel Availability
Section 246(e) of the Clean Air Act requires the SIP revision to
require fuel providers to make clean alternative fuel available to the
covered fleets at central locations. Section 210.7 of 6 NYCRR requires
fuel providers to make clean fuels available to covered fleet operators
at central locations, similarly to Clean Air Act section 246(e). In its
August 28, 1996 letter of intent, New York agreed to address EPA's
comment that its heavy duty CFFP should be amended to relieve affected
fuel providers, and the State, of unnecessary administrative burden by
simplifying 6NYCRR Part 210.7 to make it more consistent with Clean Air
Act section 246(e). Such a modification would eliminate the need for
the State to include a variance provision in its Fuel Provider
Requirements section; such a provision, if ultimately included, would
require EPA approval prior to State granting of any applicable waivers,
variances or extensions.
J. Consultation
Section 246(a)(4) of the Clean Air Act requires that the SIP
revision must be developed in consultation with fleet operators,
vehicle manufacturers, fuel producers, distributors of motor vehicle
fuel, and other interested parties, taking into consideration
operational range, specialty uses, vehicle and fuel availability,
costs, safety, resale values, and other relevant factors. In its August
28, 1996 letter of intent, New York agreed to adress EPA's comment that
it include documentation that adequate consultation was used in
developing its heavy duty CFFP regulation. The documentation should
indicate that their consultation took into consideration the factors
specified in section 246(a)(4) of the Clean Air Act.
K. Recordkeeping and Reporting
Although not specifically required by section 246 of the Clean Air
Act or 40 CFR 88.304-94, EPA believes that certain recordkeeping and
reporting requirements to be imposed on fleet operators participating
in the CFFP are a necessarily prudent component of a state's CFFP
regulation.
New York's Part 210 contains recordkeeping and reporting
requirements for covered fleet owners and operators in section 210.6 of
6 NYCRR which are adequate to ensure program compliance. This section
requires each covered fleet owner to submit annual compliance
certification which indicates the number of covered fleet vehicles by
weight class, the number of new covered fleet vehicles by weight class,
the number of new CFVs purchased by weight class and emission standard
(LEV, ULEV, ZEV), the current model year credit balance, and the
cumulative credit balance. New York's heavy duty CFFP regulation also
requires fleet owners to report vehicle number and type projections
needed to comply with the phase-in schedule. Fleet fuel needs,
including type and quantity of fuel required on an annual basis, is
also a reporting requirement of New York's regulation. If the required
fuel is unavailable, the regulation requires fleet owners to request
the State to make it available.
The regulation ensures that New York State Department of
Environmental Conservation (NYSDEC) will, on receipt of each fleet
owner certification, determine completeness/incompleteness and take
appropriate action. In addition, NYSDEC is required to verify the
existence of credits prior to any credit transactions and to approve of
all credit transactions prior to transaction commitment. The State
imposes these same reporting requirements on non-covered fleet owners
who wish to generate credits.
L. Enforcement
EPA believes the State should provide adequate enforcement to
ensure that covered fleet owners comply with the requirements of the
regulations adopted for implementation of the heavy duty CFFP. In
addition to enforcement authorities applicable to the State program,
the State also provides for enforcement in section 210.6 of the heavy
duty CFFP reporting requirements through the authority of New York's
Penal Law regarding certification requirements, including punishment
for submission of false certification statements.
M. Transportation Control Measure Exemptions
40 CFR 88.307-94(a) requires states to exempt any CFV, required by
law to participate in a CFFP, from temporal-based (e.g., time-of-day or
day-of-week) transportation control measures (TCM) existing for air
quality reasons as long as the exemption does not create a clear and
direct safety hazard. In the case of high occupancy vehicle (HOV)
lanes, this exemption only applies to CFVs that are certified to be
ILEVs pursuant to 40 CFR 88.313-93. Section 210.8 exempts CFVs from
temporal based TCMs as long as the CFV is in compliance with applicable
emission standards. In addition, section 210.8(b) exempts ILEVs from
TCM restrictions that primarily depend on a non-temporal element, such
as HOV restrictions. These TCM exemptions are consistent with those
provided for in 40 CFR 88.307-94 and 40 CFR 88.313-93.
V. Action
EPA is proposing conditional approval of New York's heavy duty CFFP
SIP regulation as fulfilling requirements under the Clean Air Act. If
the conditions are not met as required by the Clean Air Act, such
conditional approval converts to a disapproval. If the State meets its
commitments before EPA takes final action on this notice of proposed
rulemaking, EPA will fully approve the SIP revision as meeting the
requirements of the Clean Air Act without further notice.
Conclusion
EPA has reviewed the New York heavy duty CFFP regulation, submitted
to the EPA as described above. EPA proposes to find that the State's
regulation represents an acceptable approach to the heavy duty CFFP
requirements and that it meets all the
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criteria required for approvability provided the State meets the
conditions described herein. EPA will evaluate all comments received on
this action and the Interim Final Determination action. Assuming no
substantial changes are made other than those areas cited in this
document when New York adopts and formally submits its heavy duty CFFP
to EPA and EPA receives no substantive negative comments, EPA will
publish a final rulemaking approving or conditionally approving the
CFFP regulation which will remove the need to impose sanctions on the
State regarding this Clean Air Act requirement at this time.
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.
Administrative Requirements
Executive Order 12866
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.
Regulatory Flexibility Act
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.
SIP approvals under sections 110 and 301, and subchapter I, part D
of the Clean Air Act 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,
I certify that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the Clean Air Act, preparation of a flexibility
analysis would constitute federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
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
annual costs to State, local, or tribal governments in the aggregate;
or to 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 does not
include a federal mandate that may result in estimated annual 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 Administrator's decision to approve or disapprove the SIP
revision will be based on whether it meets the requirements of section
110(a)(2)(A)-(K) and part D of the Clean Air Act, as amended, and EPA
regulations in 40 CFR Part 51.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: August 29, 1996.
Jeanne M. Fox,
Regional Administrator.
[FR Doc. 96-23818 Filed 9-18-96; 8:45 am]
BILLING CODE 6560-50-P