Clean Air Act Promulgation of Extension of Attainment Dates for
PM10 Nonattainment Areas; Utah
[Federal Register: September 21, 2000 (Volume 65, Number 184)]
[Proposed Rules]
[Page 57127-57132]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se00-22]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[UT-001-0033; FRL-6873-9]
Clean Air Act Promulgation of Extension of Attainment Dates for
PM10 Nonattainment Areas; Utah
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to grant a one-year extension of the
attainment date for the Salt Lake County, Utah nonattainment area for
particulate matter with an aerodynamic diameter
[[Page 57128]]
less than or equal to a nominal 10 micrometers (PM10). EPA
is also proposing to grant two one-year extensions of the attainment
date for the Utah County, Utah PM10 nonattainment area. Salt
Lake and Utah Counties failed to attain the National Ambient Air
Quality Standards (NAAQS) for PM10 by the applicable
attainment date of December 31, 1994. The action is based on EPA's
evaluation of air quality monitoring data and extension requests
submitted by the State of Utah. EPA is also making the determination
that Salt Lake County, Utah attained the PM10 NAAQS as of
December 31, 1995 and Utah County, Utah attained the PM10
NAAQS as of December 31, 1996. Both areas are continuing to attain the
PM10 NAAQS. The intended effect of this action is to approve
requests from the Governor of Utah in accordance with section 188(d) of
the Clean Air Act (CAA).
DATES: Written comments must be received on or before October 23, 2000.
ADDRESSES: Written comments may be mailed to Richard R. Long, Director,
Air and Radiation Program, Mailcode 8P-AR, Environmental Protection
Agency (EPA), Region VIII, 999 18th Street, Suite 300, Denver,
Colorado, 80202. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the Air
and Radiation Program, Environmental Protection Agency, Region VIII,
999 18th Street, Suite 300, Denver, Colorado, 80202 and copies of the
Incorporation by Reference material are available at the Air and
Radiation Docket and Information Center, Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460. Copies of the state
documents relevant to this action are available for public inspection
at the Utah Department of Environmental Quality, Division of Air
Quality, 150 North 1950 West, Salt Lake City, Utah 84114-4820.
FOR FURTHER INFORMATION CONTACT: Cindy Rosenberg, EPA, Region VIII,
(303) 312-6436.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' are used, we mean the Environmental Protection
Agency (EPA).
Table of Contents
I. Background
A. Designation and Classification of PM10
Nonattainment Areas.
B. How Does EPA Make Attainment Determinations?
C. What are the CAA Requirements for an Attainment Date
Extension that Apply to Utah?
II. EPA's Proposed Action
A. What Is EPA Proposing To Approve?
B. What is the History Behind this Proposal?
III. Basis for EPA's Proposed Action
A. Salt Lake County
1. Explanation of the Attainment Date Extension for the Salt
Lake County PM10 Nonattainment Area.
2. Determination that the Salt Lake County PM10
Nonattainment Are Attained the PM10 NAAQS as of December
31, 1995.
B. Utah County
1. Explanation of the Attainment Date Extension for the Utah
County PM10 Nonattainment Area.
2. Determination that the Utah County PM10
Nonattainment Area Attained the PM10 NAAQS as of December
31, 1996.
IV. Administrative Requirements
I. Background
A. Designation and Classification of PM10 Nonattainment
Areas
Areas meeting the requirements of section 107(d)(4)(B) of the CAA
were designated nonattainment for PM10 by operation of law
and classified ``moderate'' upon enactment of the 1990 Clean Air Act
Amendments. See generally, 42 U.S.C. 7407(d)(4)(B). These areas
included all former Group I PM10 planning areas identified
in 52 FR 29383 (August 7, 1987) as further clarified in 55 FR 45799
(October 31, 1990), and any other areas violating the national ambient
air quality standards (NAAQS) for PM10 prior to January 1,
1989.\1\ A Federal Register notice announcing the areas designated
nonattainment for PM10 upon enactment of the 1990
Amendments, known as ``initial'' PM10 nonattainment areas,
was published on March 15, 1991 (56 FR 11101) and a subsequent Federal
Register document correcting the description of some of these areas was
published on August 8, 1991 (56 FR 37654). See 40 CFR 81.345 (codified
air quality designations and classifications for Utah).
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\1\ Many of these other areas were identified in footnote 4 of
the October 31, 1990 Federal Register document.
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All initial moderate PM10 nonattainment areas had the
same applicable attainment date of December 31, 1994. Section 188(d)
provides the Administrator the authority to grant up to two one-year
extensions to the attainment date provided certain requirements are met
as described below. States containing initial moderate PM10
nonattainment areas were required to develop and submit to EPA by
November 15, 1991, a SIP revision providing for, among other things,
implementation of reasonably available control measures (RACM),
including reasonably available control technology (RACT), and a
demonstration of whether attainment of the PM10 NAAQS by the
December 31, 1994 attainment date was practicable. See section 189(a).
B. How Does EPA Make Attainment Determinations?
All PM10 nonattainment areas are initially classified
``moderate'' by operation of law when they are designated
nonattainment. See section 188(a). Pursuant to sections 179(c) and
188(b)(2) of the Act, we have the responsibility of determining within
six months of the applicable attainment date whether, based on air
quality data, PM10 nonattainment areas attained the NAAQS by
that date. Determinations under section 179(c)(1) of the Act are to be
based upon an area's ``air quality as of the attainment date.'' Section
188(b)(2) is consistent with this requirement.
Generally, we will determine whether an area's air quality is
meeting the PM10 NAAQS for purposes of section 179(c)(1) and
188(b)(2) based upon data gathered at established state and local air
monitoring stations (SLAMS) and national air monitoring sites (NAMS) in
the nonattainment area and entered into the Aerometric Information
Retrieval System (AIRS). Data entered into the AIRS has been determined
to meet federal monitoring requirements (see 40 CFR 50.6, 40 CFR part
50, appendix J, 40 CFR part 53, 40 CFR part 58, appendix A & B) and may
be used to determine the attainment status of areas. We will also
consider air quality data from other air monitoring stations in the
nonattainment area provided that the stations meet the federal
monitoring requirements for SLAMS. All data are reviewed to determine
the area's air quality status in accordance with our guidance at 40 CFR
part 50, appendix K.
Attainment of the annual PM10 standard is achieved when
the annual arithmetic mean PM10 concentration over a three
year period (for example, 1993, 1994, 1995 for areas with a December
31, 1995 attainment date) is equal to or less than 50 micrograms per
cubic meter (g/m\3\). Attainment of the 24-hour standard is
determined by calculating the expected number of days in a year with
PM10 concentrations greater than 150 g/m\3\. The
24-hour standard is attained when the expected number of days with
levels above 150 g/m\3\ (averaged over a three year period) is
less than or equal to one. Three consecutive years of air quality data
is generally necessary to show attainment of the 24-hour and annual
[[Page 57129]]
standard for PM10. See 40 CFR part 50 and appendix K.
C. What Are the CAA Requirements for an Attainment Date Extension That
Apply to Utah?
The Act provides the Administrator the discretion to grant up to
two one-year extensions of the attainment date for a moderate
PM10 nonattainment area provided certain criteria are met.
The CAA sets forth two criteria that a moderate nonattainment area must
satisfy in order to obtain an extension: (1) The State has complied
with all the requirements and commitments pertaining to the area in the
applicable implementation plan; and (2) The area has no more than one
exceedance of the 24-hour PM10 standard in the year
preceding the extension year, and the annual mean concentration of
PM10 in the area for the year preceding the extension year
is less than or equal to the standard. See section 188(d).
The authority delegated to the Administrator to extend attainment
dates for moderate PM10 nonattainment areas is
discretionary. Section 188(d) of the Act provides that the
Administrator ``may'' extend the attainment date for areas that meet
the minimum requirements specified above. The provision doesn't dictate
or compel that we grant extensions to such areas.
We have stated in guidance that in exercising this discretionary
authority for PM10 nonattainment areas, we will examine the
air quality planning progress made in the moderate area. We will be
disinclined to grant an attainment date extension unless a State has,
in substantial part, addressed its moderate PM10
nonattainment area planning obligations. In order to determine whether
the State has substantially met these planning requirements we will
review the State's application for the attainment date extension to
determine whether the State has: (1) Adopted and substantially
implemented control measures that represent RACM/RACT in the moderate
nonattainment area; and (2) Demonstrated that the area has made
emission reductions amounting to RFP toward attainment of the
PM10 NAAQS as defined in section 171(1) of the Act. RFP for
PM10 nonattainment areas is defined in section 171(1) of the
Act as annual incremental emission reductions to ensure attainment of
the applicable NAAQS (PM10) by the attainment date.
If the State doesn't have the requisite number of years of clean
air quality data to show attainment and doesn't apply or qualify for an
attainment date extension, the area will be reclassified to serious by
operation of law under section 188(b)(2) of the Act. If an extension to
the attainment date is granted, at the end of the extension year we
will again determine whether the area has attained the PM10
NAAQS. If the requisite three consecutive years of clean air quality
data needed to determine attainment are not met for the area, the State
may apply for a second one-year extension of the attainment date. In
order to qualify for the second one-year extension of the attainment
date, the State must satisfy the same requirements listed above for the
first extension. We will also consider the State's PM10
planning progress for the area in the year for which the first
extension was granted. If a second extension is granted and the area
doesn't have the requisite three consecutive years of clean air quality
data needed to demonstrate attainment at the end of the second
extension, no further extensions of the attainment date can be granted.
Once a final determination to this effect is made by us through the
Federal Register, the area will be reclassified as serious by operation
of law. See section 188(d).
II. EPA's Proposed Action
A. What Is EPA Proposing To Approve?
In response to requests from the Governor of Utah, we are proposing
to grant a one-year attainment date extension for the Salt Lake County,
Utah PM10 nonattainment area and two one-year attainment
date extensions for the Utah County, Utah PM10 nonattainment
area in order to address CAA requirements. The effect of these actions
would be to extend the attainment date for the Salt Lake County, Utah
PM10 nonattainment area from December 31, 1994 to December
31, 1995 and the attainment date for the Utah County, Utah
PM10 nonattainment area from December 31, 1994 to December
31, 1995 and from December 31, 1995 to December 31, 1996. The proposed
action to extend the attainment date for Salt Lake County is based on
monitored air quality data for the national ambient air quality
standard (NAAQS) for PM10 from the years 1992-94 and the
action for Utah County is based on data from the years 1992-94 and
1993-1995. In addition, based on quality-assured data meeting the
requirements of 40 CFR part 50, appendix K, we are proposing to find
that, as of December 31, 1995, Salt Lake County attained the
PM10 NAAQS, and that, as of December 31, 1996, Utah County
attained the PM10 NAAQS. Both areas are continuing to attain
the PM10 NAAQS. If we finalize this proposal, consistent
with CAA section 188, the areas will remain moderate PM10
nonattainment areas and avoid the additional planning requirements that
apply to serious PM10 nonattainment areas.
This action should not be confused with a redesignation to
attainment under CAA section 107(d) because Utah hasn't submitted a
maintenance plan as required under section 175(A) of the CAA or met the
other CAA requirements for redesignation. The designation status in 40
CFR part 81 will remain moderate nonattainment for both areas until
such time as Utah meets the CAA requirements for redesignations to
attainment.
We are soliciting public comments on the issues discussed in this
document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA Regional office listed in the ADDRESSES section of
this document.
B. What is The History Behind this Proposal?
As initial moderate PM10 nonattainment areas, both Salt
Lake and Utah Counties were required by CAA section 188 to attain the
PM10 NAAQS by December 31, 1994. As noted above, section 188
of the CAA requires EPA to determine whether such moderate areas have
attained the NAAQS or not within six months of the attainment date. In
the event an area doesn't attain the NAAQS by the attainment date,
section 188 also allows States to request and EPA to approve attainment
date extensions if certain criteria are met. On May 11, 1995, the State
of Utah requested a one-year extension of the attainment date for both
Salt Lake and Utah Counties. On October 18, 1995, we indicated that we
were granting the requested one-year extensions. We also indicated in a
letter dated January 25, 1996 that we would publish a rulemaking action
on the extension requests ``in the very near future,'' but we didn't do
so. Nor did we publish determinations in the Federal Register that the
areas had not attained the NAAQS as of December 31, 1994. On March 27,
1996, the State of Utah requested a second one-year extension of the
attainment date for Utah County. We didn't publish a determination in
the Federal Register that Utah County had not attained the NAAQS as of
December 31, 1995.
EPA is now proposing to extend the attainment date from December
31, 1994 to December 31, 1995 for the Salt Lake County PM10
nonattainment area and the Utah County PM10 nonattainment
area. EPA is also proposing to extend the attainment date for the Utah
County
[[Page 57130]]
PM10 nonattainment area for an additional year--until
December 31, 1996. As we explain more fully below, we believe these
extensions are warranted under CAA section 188(d). In addition, we are
finding that the Salt Lake County PM10 nonattainment area
attained the PM10 NAAQS as of December 31, 1995 and the Utah
County PM10 nonattainment area attained the PM10
NAAQS as of December 31, 1996.
III. Basis for EPA's Proposed Action
A. Salt Lake County
1. Explanation of the Attainment Date Extension for the Salt Lake
County PM10 Nonattainment Area
a. Air Quality Data. We are using data from calendar year 1994 to
determine whether the area met the air quality criteria for granting a
one-year extension to the attainment date under section 188(d) of the
CAA.
The Salt Lake County PM10 nonattainment area includes
the entire county. In 1994, Utah's Department of Air Quality (UDAQ or
Utah) operated six PM10 monitors, which were SLAMS and NAMS,
in Salt Lake County. We deemed the data from these sites valid and the
data were submitted by Utah to be included in AIRS.
In 1994, there were eight exceedances of the 24-hour
PM10 NAAQS at one monitor (North Salt Lake Site) and one
exceedance of the 24-hour NAAQS at another monitor (AMC Site). Based on
nearby construction activity, Utah requested that the eight exceedances
recorded at the North Salt Lake Site in 1994 be excluded under our
``Guideline on the Identification and Use of Air Quality Data Affected
By Exceptional Events,'' (EPA-450/4-86-007). We determined that the
North Salt Lake monitor was influenced by highly localized, fugitive
dust events caused by the construction activity occurring in the
immediate area. The Guideline allows consideration of the influence of
certain events, such as construction, near air monitoring stations in
determining if data should be used for regulatory purposes. Because of
those impacts from localized construction near the North Salt Lake
site, all data from June 8 to November 23, 1994 were excluded from the
data set used in calculations for attainment/nonattainment purposes.
With the exclusion of the above-mentioned block of data, there was
only one exceedance recorded at one other monitor (AMC site).
Therefore, with only one exceedance of the PM10 NAAQS
recorded in 1994, the area met one of the requirements to qualify for
an attainment date extension under section 188(d).\2\
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\2\ The Act states that no more than one exceedance may have
occurred in the area (see section 189(d)(2)). The EPA interprets
this to prohibit extensions if there is more than one measured
exceedance of the 24-hour standard at any monitoring site in the
nonattainment area. The number of exceedances will not be adjusted
to expected exceedances as long as the minimum required sampling
frequencies have been met.
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b. Compliance with the Applicable SIP. The State of Utah submitted
the PM10 SIP for Salt Lake County on November 14, 1991. On
December 18, 1992 (57 FR 60149), EPA proposed to approve the plan as
satisfying those moderate PM10 nonattainment area
requirements that were due November 15, 1991. On July 8, 1994 (59 FR
35036), EPA took final action approving the Salt Lake County
PM10 SIP. The SIP control strategies consist of controls for
stationary sources and area sources (including controls for
woodburning, mobile sources, and road salting and sanding) of primary
PM10 emissions as well as sulfur oxide (SOX) and
nitrogen oxide (NOX) emissions, which are secondary sources
of particulate emissions.
Based on information the State submitted in 1995, we believe that
Utah was in compliance with the requirements and commitments in the
applicable implementation plan that pertained to the Salt Lake County
PM10 nonattainment area when the State submitted its
extension request. The milestone report indicates that Utah had
implemented most of its adopted control measures, and therefore we
believe Utah substantially implemented its RACM/RACT requirements.
c. Emission Reduction Progress. With its May 11, 1995, request for
a one-year attainment date extension for Salt Lake County, the State of
Utah also submitted a milestone report as required by section 189(c)(2)
of the Act to demonstrate annual incremental emission reductions and
reasonable further progress (RFP). On September 29, 1995, Utah
submitted a revised version of the milestone report. The revised 1995
milestone report estimated current emissions from all source categories
covered by the SIP and compared those estimates to 1988 actual
emissions. These estimates of current emissions indicated that total
emissions of PM10, SO2, and NOX had
been reduced by approximately 60,752 tons per year, from a 1988 value
of 150,292 tons per year to a current value of 89,540 tons per year.
The effect of these emission reductions appears to be reflected in
ambient measurements at the monitoring sites. Data from these sites
show no violations of either the annual or the 24-hour PM10
standard since the 1992-1994 period. Furthermore, in 1994 there was
only one exceedance of the 24-hour standard and the highest monitored
annual standard at any monitor was 47/m\3\. This is evidence
that the State's implementation of PM10 SIP control measures
resulted in emission reductions amounting to reasonable further
progress in the Salt Lake County PM10 nonattainment area.
2. Determination that the Salt Lake County PM10
Nonattainment Area Attained the PM10 NAAQS as of December
31, 1995
Whether an area has attained the PM10 NAAQS is based
exclusively upon measured air quality levels over the most recent and
complete three calendar year period. See 40 CFR part 50 and 40 CFR part
50, appendix K. If we finalize this action, the extended attainment
date for Salt Lake County will be December 31, 1995, and the three year
period will cover calendar years 1993, 1994, and 1995.
The PM10 concentrations reported at six different
monitoring sites showed one measured exceedance of the 24-hour
PM10 NAAQS between 1993 and 1995. Because data collection
was less than 100% at these monitoring sites, the expected exceedance
rate for 1994 was 1.03. For 1993 and 1995, it was 0.0. Thus, the three-
year average was less than 1.0, which indicates Salt Lake County
attained the 24-hour PM10 NAAQS as of December 31, 1995.
Review of the annual standard for calendar years 1993, 1994 and
1995 reveals that Utah also attained the annual PM10 NAAQS
by December 31, 1995. There was no violation of the annual standard for
the three year period from 1993 through 1995.
B. Utah County
1. Explanation of the Attainment Date Extension for the Utah County
PM10 Nonattainment Area
a. Air Quality Data. The Utah County PM10 nonattainment
area includes the entire county. In 1994 and 1995, UDAQ operated four
PM10 monitoring sites, which were either SLAMS or NAMS, in
Utah County. We deemed the data from these sites valid and the data was
submitted by Utah to be included in AIRS.
We are using data from calendar year 1994 to determine whether the
area met the air quality criteria for granting a one-year extension of
the attainment date, from December 31, 1994 to December 31, 1995, under
section 188(d) of the CAA. We are using calendar year 1995
[[Page 57131]]
data to determine whether the Utah County area met the air quality
criteria for granting an extension of the attainment date from December
31, 1995 to December 31, 1996.
In 1994, there were no exceedances of the 24-hour or annual
PM10 NAAQS in Utah County. Since no exceedances of the
PM10 NAAQS were recorded in 1994, the area met one of the
requirements to qualify for a one-year attainment date extension under
section 188(d).\3\ In 1995, there were no exceedances of the 24-hour or
annual PM10 NAAQS in Utah County. Since no exceedances of
the PM10 NAAQS were recorded in 1995, the area met one of
the requirements to qualify for a second one-year attainment date
extension under section 188(d).
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\3\ The Act states that no more than one exceedance may have
occurred in the area (see section 189(d)(2)). The EPA interprets
this to prohibit extensions if there is more than one measured
exceedance of the 24-hour standard at any monitoring site in the
nonattainment area. The number of exceedances will not be adjusted
to expected exceedances as long as the minimum required sampling
frequencies have been met.
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b. Compliance with the Applicable SIP. The State of Utah submitted
the PM10 SIP for Utah County on November 14, 1991. On
December 18, 1992 (57 FR 60149), EPA proposed to approve the plan as
satisfying those moderate PM10 nonattainment area
requirements due November 15, 1991. On July 8, 1994 (59 FR 35036), EPA
took final action approving the Utah County PM10 SIP. The
SIP control strategies consist of controls for stationary sources and
area sources (including controls for woodburning, mobile sources, and
road salting and sanding) of primary PM10 emissions as well
as sulfur oxide (SOX) and nitrogen oxide (NOX)
emissions, which are secondary sources of particulate emissions.
Based on information the State submitted in 1995, we believe that
Utah was in compliance with the requirements and commitments in the
applicable implementation plan that pertained to the Utah County
PM10 nonattainment area when Utah submitted its first
extension request. The milestone report indicates that Utah County had
implemented most of its adopted control measures, and therefore we
believe Utah substantially implemented its RACM/RACT requirements.
Based on information the State submitted in 1996, we believe that Utah
was in compliance with the requirements and commitments in the
applicable implementation plan that pertained to the Utah County
PM10 nonattainment area when the State submitted its second
extension request. The milestone report indicates that the State
continued to implement its adopted control measures, and therefore we
believe Utah substantially implemented its RACM/RACT requirements.
c. Emission Reduction Progress. With its May 11, 1995, request for
a one-year attainment date extension for Utah County, the State of Utah
also submitted a milestone report as required by section 189(c)(2) of
the Act to demonstrate annual incremental emission reductions and RFP.
On September 29, 1995, Utah submitted a revised version of the
milestone report. The revised 1995 milestone report estimated current
emissions from all source categories covered by the SIP and compared
those estimates to 1988 actual emissions. These estimates of current
emissions indicated that total emissions of PM10,
SO2, and NOX had been reduced by approximately
3,129 tons per year, from a 1988 value of 25,920 tons per year to a
then current value of 22,791 tons per year.
With its March 27, 1996 request for an additional one-year
attainment date extension for Utah County, the State of Utah submitted
another milestone report. Utah submitted a revised version of this
milestone report on May 17, 1996. The March 27, 1996 milestone report
estimated current emissions from all source categories covered by the
SIP and compared those estimates to 1988 actual emissions. These
estimates of current emissions indicated that total emissions of
PM10, SO2, and NOX had been reduced
from the 1988 total by approximately 8,391 tons per year.
The effect of these emission reductions appears to be reflected in
ambient measurements at the monitoring sites. Data from these sites
show no exceedances of either the annual or the 24-hour PM10
standard in 1994 or 1995. The vast majority of monitored values were
well below the 24-hour standard. The highest annual value recorded at
any monitor during 1994 and 1995 was 39/m3. This is evidence
that the State's implementation of PM10 SIP control measures
resulted in emission reductions amounting to RFP in the Utah County
PM10 nonattainment area.
2. Determination that the Utah County PM10 Nonattainment
Area Attained the PM10 NAAQS as of December 31, 1996.
Whether an area has attained the PM10 NAAQS is based
exclusively upon measured air quality levels over the most recent and
complete three calendar year period. See 40 CFR part 50 and 40 CFR part
50, appendix K. If we finalize this action, the extended attainment
date for Utah County will be December 31, 1996, and the three year
period will cover calendar years 1994, 1995, and 1996.
The PM10 concentrations reported at four different
monitoring sites showed no measured exceedances of the 24-hour
PM10 NAAQS between 1994 and 1996, which indicates Utah
County attained the 24-hour PM10 NAAQS as of December 31,
1996.
Review of the annual standard for calendar years 1994, 1995 and
1996 reveals that Utah also attained the annual PM10 NAAQS
by December 31, 1996. No monitoring sites showed a violation of the
annual standard in the three year period from 1994 through 1996.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. This proposed action merely approves a state request as meeting
federal requirements and imposes no requirements. Accordingly, the
Administrator certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this proposed rule would not impose any enforceable duty, it does not
contain any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4). For the same reason, this proposed rule also does
not significantly or uniquely affect the communities of tribal
governments, as specified by Executive Order 13084 (63 FR 27655, May
10, 1998). This proposed rule will not have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely approves a state
request for an attainment date extension, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This proposed rule also is not
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because
it is not economically significant.
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this proposed rule, EPA has taken the
necessary steps to
[[Page 57132]]
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Dated: September 13, 2000.
Patricia D. Hull,
Acting Regional Administrator, Region VIII.
[FR Doc. 00-24310 Filed 9-20-00; 8:45 am]
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