Approval and Promulgation of State; Implementation Plan: Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA-23-1-6438a; FRL-5092-1]

Approval and Promulgation of State; Implementation Plan:

Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State of Washington's contingency measure

plan as a revision to Washington's State Implementation Plan (SIP) for

carbon monoxide (CO). EPA's action is based upon a revision request

which was submitted by the state to satisfy the requirement of the

Clean Air Act Amendments (CAAA) for Vancouver, Washington.

DATES: This final rule is effective on December 30, 1994 unless adverse

or critical comments are received by November 30, 1994. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston,

SIP Manager, Air & Radiation Branch (AT-082), EPA, Docket # WA23-1-

6438, 1200 Sixth Avenue, Seattle, Washington 98101.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, Environmental Protection Agency, 401 M Street, SW., Washington,

DC 20460. Copies of material submitted to EPA may be examined during

normal business hours at the following locations: EPA, Region 10, Air &

Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington

98101, and the Washington State Department of Ecology, P.O. Box 47600,

Olympia, Washington, 98504-7600.

FOR FURTHER INFORMATION CONTACT: Stephanie Cooper, Air & Radiation

Branch (AT-082), EPA, Seattle, Washington 98101, (206) 553-6917.

SUPPLEMENTARY INFORMATION:

I. Background

States containing CO nonattainment areas with design values of 12.7

ppm or less were required to submit, among other things, contingency

measures to satisfy the provisions under section 172(c)(9). These

provisions require contingency measures to be implemented in the event

that an area fails to reach attainment by the applicable attainment

date, December 31, 1995. Contingency measures were due by November 15,

1993, as set by EPA under section 172(b) of the Act.

Contingency measures must be implemented within 12 months after the

finding of failure to attain the CO National Ambient Air Quality

Standards (NAAQS). Once triggered they must take effect without further

action by the state or EPA, therefore, all contingency measures must be

adopted and enforceable prior to submittal to EPA.

The CAAA do not specify how many contingency measures are needed or

the magnitude of emission reductions they must provide if an area fails

to attain the CO NAAQS. The EPA believes that one appropriate choice of

contingency measures would be to provide for the implementation of

sufficient vehicle miles traveled (VMT) reductions or emissions

reductions to counteract the effect of one year's growth in VMT while

the state revises its SIP to incorporate all of the new requirements of

a serious CO area.

II. This Action

In this action, EPA is approving Washington's SIP revision

submitted to EPA on November 15, 1993 for Vancouver, Washington because

it meets the applicable requirements of the Act.

The state of Washington held public hearings in Vancouver,

Washington on November 9, 1993 to entertain public comment on the CO

contingency measure SIP revision. Following the public hearing the plan

was adopted by the Department of Ecology on November 15, 1993 and

signed by the Governor's designee on November 15, 1993, becoming

effective on December 15, 1993. Ecology submitted the plan to EPA on

November 15, 1993 as a proposed revision to the SIP.

The SIP revision was reviewed by EPA to determine completeness

shortly after its submittal, in accordance with the completeness

criteria delineated at 40 CFR part 51, appendix V (1991), as amended by

57 FR 42216 (August 26, 1991). The submittal was found to be complete

on April 13, 1994 and a letter dated May 6, 1994 was forwarded to the

Director indicating the completeness of the submittal.

A. Analysis of State Submission

Washington's CO contingency plan for Vancouver calls for the early

implementation of improvements to Washington State's basic inspection

and maintenance (I/M) program. These improvements are part of

Vancouver's inspection and maintenance program that began on June 1,

1993. While these technical enhancements are already being implemented,

their use as a contingency measure is consistent with EPA guidance. The

early implementation of the ``improved'' vehicle inspection and

maintenance program helps to ensure that the area will attain the

NAAQS. Ecology anticipates that improvements to the basic I/M program

in Vancouver will reduce 1996 motor vehicle carbon monoxide emissions

by an additional four percent when compared to the EPA program.

Washington's improved I/M program consists of the following

elements: a loaded steady state test for light duty gasoline vehicles,

two-speed test for heavy duty gas vehicles, and opacity check for

diesels; biennial testing of all gasoline vehicles; tampering checks

for 1981 and newer vehicles; a stringency rate of 28% for pre-1981

vehicles, a waiver rate of 15% of failed vehicles, a compliance rate of

90%. EPA's basic I/M program consists of the following elements: idle

testing of 1968 and newer vehicles; annual testing of light duty

gasoline vehicles; no tampering checks; a stringency rate of 20% for

pre-1981 vehicles; no waiver rate; and a compliance rate of 100%.

III. Administrative Review

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 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, 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 CAA,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

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 on December 30, 1994 unless, by November 30, 1994, 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 notice that will

withdraw the final action. All public comments received will 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 on December 30, 1994.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the 1990 Clean Air

Act Amendments enacted on November 15, 1990. The EPA has determined

that this action conforms with those requirements.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic and

environmental factors and in relation to relevant statutory and

regulatory requirements.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The OMB has exempted this regulatory action from

Executive Order 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 December 30, 1994. 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), 42 U.S.C.

7607(b)(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Ozone, Volatile organic compounds.

Note: Incorporation by reference of the Implementation Plan for

the State of Washington was approved by the Director of the Office

of Federal Register on July 1, 1982.

Dated: October 5, 1994.

Chuck Clarke,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations 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 WW--Washington

2. Section 52.2470 is amended by adding paragraph (c) (49) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(49) On November 10, 1993, the State of Washington Department of

Ecology submitted a CO State Implementation Plan for Clark County,

Washington.

(i) Incorporation by reference.

(A) November 10, 1993 letter from the State of Washington

Department of Ecology to EPA Region 10 submitting the CO State

Implementation Plan for Clark County, Washington.

(B) Supplement to a Plan for Attaining and Maintaining National

Ambient Air Quality Standards for Carbon Monoxide in the Vancouver Air

Quality Maintenance Area, Replacement Pages, as adopted by the

Washington State Department of Ecology on November 15, 1993.

[FR Doc. 94-26842 Filed 10-28-94; 8:45 am]

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