Approval and Promulgation of State Implementation Plan: Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA 32-1-6894a; FRL-5192-1]

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 [[Page 22286]] 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 for the Puget Sound Carbon

Monoxide Nonattainment Area.

DATES: This final rule is effective on July 5, 1995 unless by June

5,1995 someone submits adverse or critical comments. 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 WA 32-1-6894,

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 more were required to submit, among other things, contingency

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

187(a)(3). These provisions require contingency measures to be

implemented in the event that, among other things, an area fails to

reach attainment by the applicable attainment date, December 31, 1995.

Contingency measures must be implemented within 12 months after the

finding of failure to attain the CO 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 December 6, 1994 for the Puget Sound Carbon

Monoxide Nonattainment Area, because it meets the applicable

requirements of the Act.

The state of Washington held a public hearing on July 7, 1994, at

the Department of Ecology's Northwest Regional Office in Bellevue,

Washington, to entertain public comment on the CO contingency measure

SIP revision. Ecology submitted the plan to EPA on December 6, 1994 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 January 26, 1994 and a letter dated February 2, 1995 was forwarded

to the Director indicating the completeness of the submittal.

A. Analysis of State Submission

Washington's CO contingency plan for Puget Sound consists of a two-

tiered program relying upon separate trigger mechanisms. The first tier

of the contingency measures is a public outreach and education program.

The measure, if triggered, will provide information to the public about

carbon monoxide problems and discourage individuals from using single-

occupancy-vehicle (SOV) transit modes and encourage reduced transit

use, particularly during bad air quality episodes. The implementing

agencies would include the State Departments of Ecology and

Transportation, the Puget Sound Air Pollution Control Agency (PSAPCA),

the Puget Sound Regional Council, cities, counties, and local transit

agencies. Implementation of the public outreach and information

contingency measure will be triggered if there is a violation of the

NAAQS prior to the attainment date of December 31, 1995. The measure is

estimated to cost $320,000 and to reduce emissions by .5 percent to 1

percent (of estimated 1995 CO emissions). This contingency measure is

similar to the contingency measure for vehicle miles travelled

forecasts (VMT), but is funded through a different mechanism. If the

contingency measures for both VMT and maintaining the NAAQS are

activated simultaneously, the additional funds would be used to

increase the number, variety, and frequency of direct outreach

mechanisms such as press releases, busboard advertisements, etc.

Tier two of the contingency measures consists of increasing the

minimum required winter gasoline oxygenate content from the federally

required 2.7 percent to 3.1 percent. If triggered, this contingency

measure would be implemented by the Puget Sound Air Pollution Control

Agency and the fuel industry. The measure would be triggered if the

Puget Sound area fails to attain the NAAQS by the attainment date and

EPA Region 10 provides notification for implementation of the measure.

Once triggered, gasoline suppliers will be required to increase the

oxygenate percentage beginning the following winter season. To ensure

that oxygenated gasoline with a minimum content of 3.1 percent or

higher is used for the entire subsequent winter season, PSAPCA will

notify suppliers no later than March 1st. In the meantime, PSAPCA will

issue a written advisory to encourage gasoline suppliers to aim for an

average minimum oxygenate content of 3.1 percent or higher for the

remainder of the winter season in which the measure is triggered.

Increasing the minimum oxygenate percentage is estimated to reduce

emissions 4.6 percent to 9.4 percent (from estimated 1995 CO

emissions).

The Washington State Department of Ecology chose a two-tiered

contingency measure based on input received during the public review

process. The rationale behind the separate triggers was to proactively

implement the Tier 1 measure in the event that the region appeared to

be ``at risk'' for failing to attain the federal standards, and the

Tier 2 measure (which includes continuation of the Tier 1 measure) if

the region subsequently failed to attain the federal standards.

Both contingency measures have committed funding. The public

outreach and information program will be funded by delaying unobligated

transportation projects in the regional Transportation Improvement

Program (TIP), and diverting funding to the contingency measure.

Gasoline consumers and the fuel industry would bear the cost of

implementing the wintertime oxygenated fuel measure.

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 [[Page 22287]] 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 July 5, 1995 unless, by June 5, 1995, adverse or critical

comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on the separate 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 July 5, 1995.

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

E.O. 12866 review.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by July 5, 1995. 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

Environmental protection, 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: April 7, 1995.

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)(52) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(52) On December 6, 1994, the Director of WDOE submitted to EPA a

contingency measure SIP revision for the Puget Sound Carbon Monoxide

Nonattainment Area to satisfy certain applicable requirements of the

Act.

(i) Incorporation by reference.

(A) Letter dated November 30, 1994 from WDOE to EPA submitting the

CO revision for the Puget Sound area and, ``A Plan for Attaining and

Maintaining National Ambient Air Quality Standards for the Puget Sound

Carbon Monoxide Nonattainment Area,'' replacement pages 10-1 through

10-3, dated November 16, 1994, adopted November 29, 1994, and

Attachment B of Addendum E, ``Contingency Measure Plan Element for the

Central Puget Sound Region Carbon Monoxide State Implementation Plan--

Final Plan,'' pages 1-15, dated May 26, 1994, and adopted November 29,

1994.

[FR Doc. 95-11048 Filed 5-4-95; 8:45 am]

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