Clean Air Act Reclassification; Spokane, Washington Carbon Monoxide Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[WA 54-7127; FRL-5529-9]

Clean Air Act Reclassification; Spokane, Washington Carbon

Monoxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA proposes to find that the Spokane, Washington carbon

monoxide (CO) nonattainment area has not attained the CO national

ambient air quality standard (NAAQS) by the Clean Air Act (CAA)

mandated attainment date for moderate nonattainment areas, December 31,

1995. This proposed finding is based on EPA's review of monitored air

quality data for compliance with the CO NAAQS. If EPA takes final

action on this proposed finding, the Spokane CO nonattainment area will

be reclassified by operation of law as a serious nonattainment area.

The intended effect of such a reclassification would be to allow the

State additional time to submit a new State implementation plan (SIP)

providing for attainment of the CO NAAQS by no later than December 31,

2000, the CAA attainment deadline for serious CO areas.

DATES: Written comments on this proposal must be received by July 31,

1996.

ADDRESSES: Written comments should be sent to: Montel Livingston, SIP

Manager, Office of Air Quality, M/S OAQ-107, EPA Region 10, Docket #54-

7127, 1200 Sixth Avenue, Seattle, Washington 98101. The rulemaking

docket for this notice is available for public review during normal

business hours at the following location: EPA, Region 10, Office of Air

Quality, M/S OAQ-107, 1200 Sixth Avenue, Seattle, Washington 98101.

Copies of the docket are also available at the Washington Department of

Ecology, Attention Tami Dahlgren, Olympia, Washington 98504-7600,

telephone (360) 407-6830; and at the Spokane County Air Pollution

Control Authority, West 1101 College, Suite 403, Spokane, Washington

99201, telephone (509) 456-4727.

FOR FURTHER INFORMATION CONTACT: William M. Hedgebeth of the EPA Region

10 Office of Air Quality, (206) 553-7369.

SUPPLEMENTARY INFORMATION:

I. Background

A. CAA Requirements and EPA Actions Concerning Designation and

Classifications

The CAA Amendments of 1990 (CAAA) were enacted on November 15,

1990. Under section 107(d)(1)(C) of the CAA, each carbon monoxide (CO)

area designated nonattainment prior to enactment of the 1990

Amendments, such as the Spokane area, was designated nonattainment by

operation of law upon enactment of the 1990 Amendments. Under section

186(a) of

[[Page 33880]]

the CAA, each CO area designated nonattainment under section 107(d) was

also classified by operation of law as either ``moderate'' or

``serious'' depending on the severity of the area's air quality

problem. CO areas with design values between 9.1 and 16.4 parts per

million (ppm), such as the Spokane area, were classified as moderate.

These nonattainment designations and classifications were codified in

40 CFR part 81. See 56 FR 56694 (November 6, 1991). States containing

areas that were classified as moderate nonattainment by operation of

law under section 107(d) were required to submit State implementation

plans (SIPs) designed to attain the CO national ambient air quality

standard (NAAQS) as expeditiously as practicable but no later than

December 31, 1995.1

---------------------------------------------------------------------------

\1\ The moderate area SIP requirements are set forth in section

187(a) of the Act and differ depending on whether the area's design

value is below or above 12.7 ppm. The Spokane area has a design

value above 12.7 ppm. 40 CFR part 81.348.

---------------------------------------------------------------------------

B. Reclassification to a Serious Nonattainment Area

1. EPA has the responsibility, pursuant to sections 179(c) and

186(b)(2) of the CAA, of determining, within six months of the

applicable attainment date whether the Spokane area has attained the CO

NAAQS. Under section 186(b)(2)(A), if EPA finds that the area has not

attained the CO NAAQS, it is reclassified as serious by operation of

law. Pursuant to section 186(b)(2)(B) of the Act, EPA must publish a

notice in the Federal Register identifying areas which failed to attain

the standard and therefore must be reclassified as serious by operation

of law. EPA makes attainment determinations for CO nonattainment areas

based upon whether an area has two years (or eight consecutive

quarters) of clean air quality data.2 Section 179(c)(1) of the CAA

states that the attainment determination must be based upon an area's

``air quality as of the attainment date.'' Consequently, EPA will

determine whether an area's air quality has met the CO NAAQS by

December 31, 1995, based upon the most recent two years of air quality

data entered into the Aerometric Information Retrieval System (AIRS)

data base.

---------------------------------------------------------------------------

\2\ See generally memorandum from Sally L. Shaver, Director, Air

Quality Strategies and Standards Division, EPA, to Regional Air

Office Directors, entitled ``Criteria for Granting Attainment Date

Extensions, Making Attainment Determinations, and Determinations of

Failure to Attain the NAAQS for Moderate CO Nonattainment Areas,''

October 23, 1995 (Shaver memorandum).

---------------------------------------------------------------------------

EPA determines a CO nonattainment area's air quality status in

accordance with 40 CFR part 50.8 and EPA policy.\3\ EPA has promulgated

two NAAQS for CO: an 8-hour average concentration and a 1-hour average

concentration. Because there were no violations of the 1-hour standard

in the Spokane area in 1994 and 1995, this notice addresses only the

air quality status of the Spokane area with respect to the 8-hour

standard. The 8-hour CO NAAQS requires that not more than one non-

overlapping 8-hour average per year per monitoring site can exceed 9.0

ppm (values below 9.5 are rounded down to 9.0 and they are not

considered exceedances). The second exceedance of the 8-hour CO NAAQS

at a given monitoring site within the same year constitutes a violation

of the CO NAAQS.

---------------------------------------------------------------------------

\3\ See memorandum from William G. Laxton, Director Technical

Support Division, entitled ``Ozone and Carbon Monoxide Design Value

Calculations'', June 18, 1990. See also Shaver memorandum.

---------------------------------------------------------------------------

2. SIP Requirements for Serious CO Areas: CO nonattainment areas

reclassified as serious under section 186(b)(2) of the CAA are required

to submit, within 18 months of the area's reclassification, SIP

revisions demonstrating attainment of the CO NAAQS as expeditiously as

practicable but no later than December 31, 2000. The serious CO area

planning requirements are set forth in section 187(b) of the CAA. EPA

has issued two general guidance documents related to the planning

requirements for CO SIPs. The first is the ``General Preamble for the

Implementation of Title I of the CAAA of 1990'' that sets forth EPA's

preliminary views on how the Agency intends to act on SIPs submitted

under Title I of the CAA. See generally 57 FR 13498 (April 16, 1992)

and 57 FR 18070 (April 28, 1992). The second general guidance document

for CO SIPs issued by EPA is the ``Technical Support Document to Aid

the States with the Development of Carbon Monoxide State Implementation

Plans,'' July 1992. If the Spokane area is reclassified to serious, the

State would have to submit a SIP revision to EPA that, in addition to

the attainment demonstration, includes: (1) A forecast of vehicle miles

travelled (VMT) for each year before the attainment year and provisions

for annual updates of these forecasts; (2) adopted contingency

measures; and (3) adopted transportation control measures and

strategies to offset any growth in CO emissions from growth in VMT or

number of vehicle trips. See CAA sections 187(a)(7), 187(a)(2)(A),

187(a)(3), 187(b)(2), and 187(b)(1). Upon reclassification, contingency

measures in the moderate area plan for the Spokane area must be

implemented.

C. Attainment Date Extensions

If a state does not have the two consecutive years of clean data

necessary to show attainment of the NAAQS, it may apply, under section

186(a)(4) of the CAA, for a one year attainment date extension. EPA

may, in its discretion, grant such an extension if the state has: (1)

Complied with the requirements and commitments pertaining to the

applicable implementation plan for the area, and (2) the area has

measured no more than one exceedance of the CO NAAQS at any monitoring

site in the nonattainment area in the year preceding the extension

year. Under section 186(a)(4), EPA may grant up to two such extensions

if these conditions have been met. Because the Spokane nonattainment

area had four exceedances in 1995, the area does not qualify for an

extension.

II. This Action

By today's action, EPA is proposing to find that the Spokane CO

nonattainment area has failed to demonstrate attainment of the CO NAAQS

by December 31, 1995. This proposed finding is based upon air quality

data showing violations of the CO NAAQS during 1995.

Ambient Air Monitoring Data: The following table lists the

monitoring site in the Spokane CO nonattainment area where the 8-hour

CO NAAQS has been exceeded during 1995, based on data validated by the

Washington Department of Ecology and entered into the AIRS data base.

Exceedances of 8-hour CO NAAQS for Spokane Nonattainment Area

------------------------------------------------------------------------

1995

Monitoring site ----------------------------------------

Concentration Date of exceedance

------------------------------------------------------------------------

3rd and Washington............. 10.4 ppm....... Jan. 9, 1995.

3rd and Washington............. 13.1 ppm....... Dec. 11, 1995.

3rd and Washington............. 11.2 ppm....... Dec. 12, 1995.

3rd and Washington............. 9.6 ppm........ Dec. 15, 1995.

------------------------------------------------------------------------

In letters to EPA of February 20, 1996, and March 19, 1996, the

City of Spokane raised questions whether the monitoring data from the

CO monitor located at 3rd Avenue and Washington Street is

representative of the ambient air. In a letter to the City of Spokane

dated April

[[Page 33881]]

9, 1996, EPA Region 10 advised that any analysis of whether the monitor

was properly sited would need to be conducted in the context of 40 CFR

part 58, Appendix E, which provides specific criteria for the placement

of CO monitors, including consideration of the placement of such

monitors vis-a-vis street canyons and traffic corridors. In addition,

the State of Washington Department of Ecology provided EPA with copies

of four audit reports from 1995 which indicate that that CO monitor met

the Part 58 siting criteria and that the monitor was reporting

accurately with the acceptance criteria. This information was provided

to the City of Spokane in a letter dated May 28, 1996.

EPA believes that the 1995 exceedances are valid for use in

determining the attainment status of the Spokane area. EPA is therefore

proposing to find, based on the 1995 CO violations discussed above,

that the area did not attain the CO NAAQS by December 31, 1995.

III. Executive Order (EO) 12866

Under E.O. 12866, 58 FR 51735 (October 4, 1993), EPA is required to

determine whether regulatory actions are significant and therefore

should be subject to OMB review, economic analysis, and the

requirements of the Executive Order. The Executive Order defines a

``significant regulatory action'' as one that is likely to result in a

rule that may meet at least one of the four criteria identified in

section 3(f), including, under paragraph (1), that the rule may ``have

an annual effect on the economy of $100 million or more or adversely

affect, in a material way, the economy, a sector of the economy,

productivity, competition, jobs, the environment, public health or

safety, or State, local, or tribal governments or communities.'' The

Agency has determined that the finding of failure to attain proposed

today would result in none of the effects identified in section 3(f).

Under section 186(b)(2) of the CAA, findings of failure to attain and

reclassification of nonattainment areas are based upon air quality

considerations and must occur by operation of law in light of certain

air quality conditions. They do not, in and of themselves, impose any

new requirements on any sectors of the economy. In addition, because

the statutory requirements are clearly defined with respect to the

differently classified areas, and because those requirements are

automatically triggered by classifications that, in turn, are triggered

by air quality values, findings of failure to attain and

reclassification cannot be said to impose a materially adverse impact

on State, local, or tribal governments or communities.

IV. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. 601 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 economic 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. As discussed in section III of this notice,

findings of failure to attain and reclassification of nonattainment

areas under section 186(b)(2) of the CAA do not in and of themselves

create any new requirements. Therefore, I certify that today's proposed

action does not have a significant impact on small entities.

V. Unfunded Mandates

Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act

of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995, EPA

must assess whether various actions undertaken in association with

proposed or final regulations include a Federal mandate that may result

in estimated costs of $100 million or more to the private sector, or to

State, local or tribal governments in the aggregate. EPA believes, as

discussed above, that the proposed finding of failure to attain and

reclassification of the Spokane nonattainment area are factual

determinations based upon air quality considerations and must occur by

operation of law and, hence, do not impose any Federal

intergovernmental mandate, as defined in section 101 of the Unfunded

Mandates Act.

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, Intergovernmental

relations, Carbon monoxide.

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

Dated: June 17, 1996.

Chuck Clarke,

Regional Administrator.

[FR Doc. 96-16670 Filed 6-28-96; 8:45 am]

BILLING CODE 6560-50-P