Approval and Promulgation of Maintenance Plan and Designation of Areas for Air Quality Planning Purposes for Carbon Monoxide; State of Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WA52-7125; FRL-5513-2]

Approval and Promulgation of Maintenance Plan and Designation of

Areas for Air Quality Planning Purposes for Carbon Monoxide; State of

Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing its

intent to redesignate the Seattle-Tacoma-Everett nonattainment area to

attainment for the carbon monoxide (CO) air quality standard and to

approve a maintenance plan that will insure that the area remains in

attainment. Under the Clean Air Act as amended in 1990 (CAA),

designations can be revised if sufficient data is available to warrant

such revisions. In this action, EPA is proposing to approve the

Seattle-Tacoma-Everett redesignation as meeting the requirements set

forth in the CAA.

DATES: Comments must be postmarked on or before July 11, 1996.

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

SIP Manager, EPA, Office of Air Quality (OAQ-107), 1200 Sixth Avenue,

Seattle, Washington 98101.

Copies of the State's redesignation request and other information

supporting this proposed action are available for public review during

normal business hours at the addresses listed below: EPA, Alaska-

Washington Unit (OAQ-107), 1200 Sixth Avenue, Seattle, Washington

98101, and the Washington State Department of Ecology, Air Quality

Program, P.O. Box 47600, Olympia, Washington 98504-7600.

FOR FURTHER INFORMATION CONTACT: Christi Lee, EPA Region 10 Washington

Operation's Office, at (360) 753-9079.

SUPPLEMENTARY INFORMATION:

I. Background

In a March 15, 1991, letter to the EPA Region 10 Administrator, the

Governor of Washington recommended the Seattle-Tacoma-Everett area,

including the western portions of King, Pierce, and Snohomish Counties,

be designated as nonattainment for CO as required by section

107(d)(1)(A) of the 1990 Clean Air Act Amendments (CAA) (Public Law

101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). The area,

which includes lands within the Puyallup Reservation, Tulalip

Reservation and Muckleshoot Reservation, was designated nonattainment

and classified as ``moderate'' under the provisions outlined in

sections 186 and 187 of the CAA. (See 56 FR 56694 (Nov. 6, 1991),

codified at 40 CFR part 81, Sec. 81.348.) Because the Seattle-Tacoma-

Everett area had a design value of 14.8 ppm (based on 1987 data), it

was classified as ``moderate > 12.7 ppm'' (moderate plus).

The CAA established an attainment date of December 31, 1995, for

all moderate CO areas. The Seattle-Tacoma-Everett area has ambient

monitoring data showing attainment of the CO National Ambient Air

Quality Standards (NAAQS), since 1991. Therefore, in an effort to

comply with the CAA and to ensure continued attainment of the NAAQS, on

March 6, 1996, the Washington State Department of Ecology (WDOE)

submitted a CO redesignation request and a maintenance plan for the

Seattle-Tacoma-Everett nonattainment area. The WDOE submitted evidence

that public hearings were held on October 26, 1995 in Seattle at the

office of the Puget Sound Air Pollution Control Agency.

On April 8, 1996, EPA Region 10 determined that the information

received from the WDOE constituted a complete redesignation request

under the general completeness criteria of 40 CFR part 51, appendix V,

Secs. 2.1 and 2.2.

II. Evaluation Criteria

Section 107(d)(3)(E) of the CAA lists specific requirements that an

area must meet in order to be redesignated from nonattainment to

attainment. They are:

1. The area must have attained the applicable NAAQS;

2. The area must have a fully approved SIP under section 110(k) of the

CAA and the area must have met all relevant requirements under section

110 and Part D of the CAA.

3. The air quality improvement must be permanent and enforceable;

4. The area must have a fully approved maintenance plan pursuant to

section 175A of the CAA.

III. Review of State Submittal

EPA proposes to find that the Washington redesignation request for

the Seattle-Tacoma-Everett area meets the requirements of section

107(d)(3)(E), noted above. EPA also proposes to find that information

and requirements provided in the WDOE redesignation request and

maintenance plan for the Seattle-Tacoma-Everett nonattainment area

demonstrate that the 107(d)(3)(E) requirements have been met for the

affected tribal lands which include portions of the Tulalip

Reservation, the Puyallup Reservation and the Muckleshoot Reservation.

The Agency has not determined whether it is bound to follow the formal

requirements of section 107(d)(3)(E) when taking such redesignation

actions for tribal lands. The action to redesignate to attainment these

tribal lands is being proposed today without answering that question

because information submitted by WDOE satisfies each required element

for redesignation.

The following is a brief description of how each of the

107(d)(3)(E) requirements are met. A Technical Support Document, on

file at the EPA Region 10 office, contains a more detailed analysis of

this redesignation proposal.

1. Attainment of the CO NAAQS

To attain the CO NAAQS, an area must have complete quality-assured

data showing no more than one exceedance of the standard per year over

at least two consecutive years. The redesignation is based on air

quality data that showed that the CO standard was not violated in 1993

and 1994. These data were collected by WDOE in accordance with 40 CFR

50.8, following EPA guidance on quality assurance and quality control

and are in the EPA Aerometric Information and Retrieval System (AIRS).

Since the Seattle-Tacoma-Everett area has complete quality-assured

monitoring data showing attainment of the standard over two consecutive

years (1993 and 1994), and has not violated the standard since that

time, the area has met the first statutory criterion for attainment of

the CO NAAQS. The WDOE has committed to continue monitoring in this

area in accordance with 40 CFR part 58.

[[Page 29516]]

2. Fully Approved SIP That Meets Applicable Requirements of Section 110

and Part D of the CAA

Section 107(d)(3)(E)(ii) of the CAA states that EPA may not approve

redesignation of a nonattainment area to attainment unless EPA has

fully approved all of the SIP requirements that were due under the 1990

CAA. The 1990 CAA required that nonattainment areas achieve specific

new requirements depending on the severity of the nonattainment

classification. As noted earlier, Seattle-Tacoma-Everett was classified

as a moderate CO nonattainment area with a design value greater than

12.7 ppm. Therefore, the 1990 CAA requirements for the Seattle-Tacoma-

Everett nonattainment area include the preparation of a 1990 emission

inventory with periodic updates, adoption of an oxygenated fuels

program, the development of contingency measures, adoption of an

enhanced inspection and maintenance program, a forecast of vehicle

miles traveled, development of conformity procedures, and the

establishment of a permit program for new or modified major stationary

sources.

For the purposes of evaluating the request for redesignation to

attainment, EPA has approved all but three elements of the WDOE CO SIP.

Specifically, the three elements of the WDOE CO SIP that have not been

fully approved by EPA are the 1990 base year emission inventory, the

inspection and maintenance program and the attainment demonstration.

EPA is reviewing the SIP revisions for each of these three

requirements, which have been submitted by the WDOE. Final approval of

the Seattle-Tacoma-Everett CO area redesignation request is contingent

on final action by EPA to approve these three elements.

A. Conformity

Under section 176(c) of the CAA, states were required to submit

revisions to their SIPs that include criteria and procedures to ensure

that Federal actions conform to the air quality planning goals in the

applicable SIPs. The requirement to determine conformity applies to

transportation plans, programs and projects developed, funded or

approved under Title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as all other Federal actions

(``general conformity''). Congress provided for the State revisions to

be submitted one year after the date of promulgation of final EPA

conformity regulations. EPA promulgated final transportation conformity

regulations on November 24, 1993 (58 FR 62188) and final general

conformity regulations on November 30, 1993 (58 FR 63214). These

conformity rules require that the States adopt both transportation and

general conformity provisions in the SIP for areas designated

nonattainment or subject to a maintenance plan approved under CAA

section 175A. Pursuant to 40 CFR Sec. 51.396 of the transportation

conformity rule, the WDOE was required to submit a SIP revision

containing transportation conformity criteria and procedures consistent

with those established in the Federal rule by November 25, 1994.

Similarly, pursuant to 40 CFR Sec. 51.851 of the general conformity

rule, the WDOE was required to submit a SIP revision containing general

conformity criteria and procedures consistent with those established in

the Federal rule by December 1, 1994. The WDOE submitted its

transportation conformity SIP revision to EPA on December 1, 1995. This

SIP has not been fully approved by EPA. The WDOE has not submitted its

general conformity SIP revision.

Although this redesignation request was submitted to EPA after the

due dates for the SIP revisions for transportation conformity (58 FR

62188) and general conformity (58 FR 63214) rules, EPA believes it is

reasonable to interpret the conformity requirements as not being

applicable requirements for purposes of evaluating the redesignation

request under section 107(d). The rationale for this is based on a

combination of two factors. First, the requirement to submit SIP

revisions to comply with the conformity provisions of the Act continues

to apply to areas after redesignation to attainment. Therefore, the

State remains obligated to adopt the transportation and general

conformity rules even after redesignation and would risk sanctions for

failure to do so. While redesignation of an area to attainment enables

the area to avoid further compliance with most requirements of section

110 and part D, since those requirements are linked to the

nonattainment status of an area, the conformity requirements apply to

both nonattainment and maintenance areas. Second, the federal

conformity rules require the performance of conformity analyses in the

absence of state-adopted rules. Therefore, a delay in adopting State

rules does not relieve an area from the obligation to implement

conformity requirements.

Because areas are subject to the conformity requirements regardless

of whether they are redesignated to attainment, and must implement

conformity under Federal rules if State rules are not yet adopted, EPA

believes it is reasonable to view these requirements as not being

applicable requirements for purposes of evaluating a redesignation

request.

Therefore, EPA has modified its national policy regarding the

interpretation of the provisions of section 107(d)(3)(E) concerning the

applicable requirements for purposes of reviewing a carbon monoxide

redesignation request. (See 61 FR 2918, January 30, 1996). Under this

policy, for the reasons just discussed, EPA believes that the CO

redesignation request for the Seattle-Tacoma-Everett area may be

approved notwithstanding the lack of submitted and approved state

transportation and general conformity rules.

B. Periodic Emission Inventory

Under Part D of the CAA a 1993 CO periodic emission inventory is

required to be submitted to EPA for approval into the Washington SIP.

Ecology submitted a 1993 emission inventory as an element of the

maintenance plan for purposes of meeting the attainment emission

inventory requirement of section 175A. EPA is accepting and proposing

to approve the 1993 emission inventory as satisfying both the Part D

and section 175A requirements.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

EPA approved the WDOE's CO SIP under the 1990 CAA. Emission

reductions achieved through the implementation of control measures

contained in that SIP are enforceable. These measures were: an enhanced

inspection and maintenance program, the Federal Motor Vehicle Control

Program, and an oxygenated fuels program. As discussed above, the

Seattle-Tacoma-Everett area initially attained the NAAQS in 1991 (prior

to implementation of the oxygenated fuels program) with monitored

attainment through the 1995-1996 CO season. This indicates that the

improvements are due to the permanent and enforceable measures

contained in the 1990 CO SIP and did not rely on the oxygenated fuels

program.

The WDOE has demonstrated that actual enforceable emission

reductions are responsible for the air quality improvement and that the

CO emissions in the base year are not artificially low due to local

economic downturn or unusual or extreme occurrences in the weather

patterns. EPA finds that the combination of certain existing EPA-

approved SIP and federal measures contribute to the permanence and

enforceability of reduction in ambient

[[Page 29517]]

CO levels that have allowed the area to attain the NAAQS.

4. Fully Approved Maintenance Plan Under Section 175A

Section 175A of the CAA sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable NAAQS

for at least ten years after the Administrator approves a redesignation

to attainment. Eight years after the redesignation, the state must

submit a revised maintenance plan which demonstrates attainment for the

ten years following the initial ten-year period. To provide for the

possibility of future NAAQS violations, the maintenance plan must

contain contingency measures, with a schedule for implementation

adequate to assure prompt correction of any air quality problems. In

this notice, EPA is proposing to approve the WDOE's maintenance plan

for the Seattle-Tacoma-Everett area because EPA finds that it meets the

requirements of section 175A.

A. Attainment Emission Inventory

The WDOE submitted comprehensive inventories of CO emissions from

point, area, stationary and mobile sources using 1993 as the attainment

year for calculations to demonstrate that the CO standard will be

maintained in the Seattle-Tacoma-Everett area. Since air monitoring

recorded attainment in 1993, 1993 is an acceptable year for the

attainment inventory. The 1993 emission inventory summaries by source

category are in Table 1 and detailed inventory data is contained in the

docket maintained by EPA.

Although the 1993 inventory can be considered representative of

attainment conditions because the NAAQS was not violated during 1993,

the WDOE established CO emissions for the attainment year, 1993, as

well as five forecast years out to the year 2010 (1995, 1998, 2005,

2007 and 2010) in their redesignation request. The future emission

estimates are based on forecast assumptions about growth of the

regional economy and vehicle miles traveled. The assumptions for the

annual VMT growth rate and the annual employment growth rate were

calculated using the State Highway Performance Monitor System, regional

VMT data and the Central Puget Sound Regional Econometric Model

respectively. Stationary and mobile source inventories were compiled

following EPA guidance. Mobile source emission estimates were prepared

following the approach recommended by EPA. The WDOE used the Highway

Performance Monitor System and regional transportation system network

data to estimate vehicle miles traveled and used the MOBILE 5.1

emission model for CO emissions estimates.

Table 1.--1993 CO Attainment Year Emissions Inventory for the Seattle-Tacoma-Everett Nonattainment Area (Tons

per Winter Day)

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Year Area Nonroad Mobile Point Total

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1993........................................... 316 214 1497 61 2088

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Seattle-Tacoma-Everett Nonattainment Area CO Emissions Inventory Projections (Tons per Winter Day)

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Year Area Nonroad Mobile Point Total

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1995........................................... 317 211 1290 61 1879

1998........................................... 317 221 1458 61 2057

2001........................................... 318 218 1317 61 1914

2005........................................... 319 198 1262 61 1840

2007........................................... 320 195 1259 61 1835

2010........................................... 321 198 1253 61 1833

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B. Demonstration of Maintenance: Projected Inventories

Total CO emissions were projected from the 1993 attainment year out

to 2010. These projected inventories were prepared in accordance with

EPA guidance. The projections show that calculated CO emissions,

assuming no oxygenated fuels program, are not expected to exceed the

level of the 1993 attainment year inventory during this time period.

The WDOE will discontinue implementation of the Oxygenated Fuel program

in the Seattle-Tacoma-Everett Consolidated Metropolitan Statistical

Area (CMSA) once approval of the CO maintenance plan becomes effective.

Therefore, it is anticipated that the Seattle-Tacoma-Everett area will

maintain the CO standard without the oxygenated fuels program, and this

program would not need to be implemented following redesignation,

except as a contingency measure.

C. Verification of Continued Attainment

Verification of continued attainment of the CO NAAQS in the

Seattle-Tacoma-Everett area depends, in part, on the State's efforts

toward tracking indicators of continued attainment during the

maintenance period. The WDOE has also committed to perform

comprehensive reviews of the CO maintenance plan commencing in the year

2000 and occurring again at four year intervals in 2004 and 2008. The

plan elements to be reviewed at each of these times include VMT and

socioeconomic forecasts; emission inventory projections and control

strategy implementation effectiveness. The results of the plan review

in 2008 will be used as the basis for developing a CO maintenance plan

for the next maintenance planning period.

In addition, the WDOE has committed to pursuing amendments to the

maintenance plan if substantive changes are required as a result of the

above reviews.

D. Contingency Plan

Section 175A(d) of the CAA requires that all control measures

contained in the SIP prior to redesignation be retained as contingency

measures in the CO maintenance plan. Since the oxygenated fuels program

was a control measure contained in the SIP prior to redesignation, the

WDOE SIP retains oxygenated fuels as the contingency measure in the

maintenance plan. The plan contains a triggering mechanism to determine

when the contingency measure is needed. In the event of a future CO

violation, implementation of the oxygenated fuels program will be

triggered. This contingency measure would require all gasoline blended

for

[[Page 29518]]

sale in the Puget Sound CO nonattainment area during the winter months

to contain an average oxygenate content of at least 2.7 percent by

weight. Program requirements would be identical to those incorporated

into the current oxygenated gasoline program (Chapter 173-492,

Washington Administrative Code, Motor Fuel Specifications for

Oxygenated Gasoline, adopted October 6, 1992 and PSAPCA Regulation II,

Section 2.09, Oxygenated Gasoline, adopted October 14, 1993).

This contingency measure will be triggered in the event of a

quality-assured violation of the NAAQS for CO at any one of the

permanent monitoring sites in the nonattainment area. Thus, this

triggering will occur when any one monitoring site records two 8-hour

average CO concentrations that equal or exceed 9.5 ppm in a single

calendar year.

The oxygenated fuels program will be fully implemented no later

than the next full winter season following the date when the trigger

was activated. Implementation will continue throughout the balance of

the CO maintenance period, or until such time that a reassessment of

the ambient CO monitoring data establishes that the contingency measure

is no longer necessary.

As mentioned above, the WDOE has chosen to convert its oxygenated

fuels requirement in the Seattle-Tacoma-Everett CMSA to a contingency

measure in its maintenance plan upon redesignation. EPA is approving

the WDOE's contingency measure for the Seattle-Tacoma-Everett area.

E. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, the State has agreed

to submit a revised maintenance SIP eight years after the area is

redesignated to attainment. That revised SIP will provide for

maintenance for an additional ten years.

Conclusion

EPA proposes to approve the Seattle-Tacoma-Everett, Washington CO

maintenance plan and request for redesignation to attainment because

WDOE has demonstrated compliance with the requirements of section

107(d)(3)(E) for redesignation.

In addition, EPA, after notification of and consultation with the

affected tribal governments, proposes to redesignate to attainment

those areas in the Seattle-Tacoma-Everett CO nonattainment area that

are located within the Tulalip Reservation, the Puyallup Reservation

and the Muckleshoot Reservation. The Agency believes that the

redesignation requirements are effectively satisfied here based on

information provided by WDOE and requirements contained in the WDOE SIP

and maintenance plan.

EPA is soliciting public comments on this notice and on issues

relevant to EPA's proposed action. Comments will be considered before

taking final action. Interested parties may participate in the federal

rule making procedure by submitting written comments to the person and

address listed in the ADDRESSES section at the beginning of this

notice.

IV. 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. Secs. 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).

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 informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the proposed action promulgated does 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. 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.

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 any 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 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2224), 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.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations.

40 CFR Part 81

Air pollution control, National parks, and Wilderness areas.

Authority: 42 U.S.C 7401-7671q.

Dated: May 22, 1996.

Jane S. Moore,

Acting Regional Administrator.

[FR Doc. 96-14679 Filed 6-10-96; 8:45 am]

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