Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WA 53-7126; FRL-5543-4]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; State of Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA invites public comment on its proposed approval of two

related State Implementation Plan (SIP) revisions submitted by the

Washington Department of Ecology (Washington). Washington has submitted

a SIP revision to redesignate the Vancouver, Washington, carbon

monoxide (CO) nonattainment area, which is located within the southern

portion of Clark County, Washington, from nonattainment to 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

[[Page 39379]]

proposing to approve the Washington request because it meets the

redesignation requirements set forth in the CAA. This action is being

proposed under section 110 of the CAA.

In addition, Washington has submitted for inclusion into its SIP

the 1990 base year emission inventory for CO emissions, which includes

emissions data for sources of CO in the Vancouver, Washington CO

nonattainment area. EPA is proposing to approve this SIP revision,

also, as part of this action.

DATES: Comments must be received in writing and postmarked on or before

August 28, 1996.

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

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

53-7126, 1200 Sixth Avenue, Seattle, Washington 98101. Copies of the

redesignation request and Washington's submittal are available for

public review during normal business hours at the following locations:

EPA, Region 10, Office of Air Quality, M/S OAQ-107, 1200 Sixth Avenue,

Seattle, Washington 98101; Washington Department of Ecology, Attention

Tami Dahlgren, Olympia, Washington 98504-7600, telephone (360) 407-

6830; and the Southwest Air Pollution Control Authority, 1308 NE 134th

Street, Vancouver, Washington 98685.

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

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

SUPPLEMENTARY INFORMATION:

I. Background

On March 15, 1991, the Governor of Washington recommended that the

Vancouver portion of the Portland-Vancouver Air Quality Maintenance

Area be designated as nonattainment for CO as required by section

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

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

was designated nonattainment and classified as ``moderate'' with a

design value less than or equal to 12.7 ppm under the provisions

outlined in sections 186 and 187 of the CAA. (See 56 FR 56694 (November

6, 1991), codified at 40 CFR 81.348). On September 29, 1995, EPA

approved the separation of the Portland-Vancouver carbon monoxide

nonattainment area into two distinct nonattainment areas, effective

November 28, 1995. Because the Vancouver area had a design value of 10

ppm (based on 1988-1989 data), the area was considered moderate. The

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

moderate CO areas. The Vancouver area has ambient monitoring data

showing attainment of the CO National Ambient Air Quality Standard

(NAAQS) since 1992. On March 19, 1996, Washington submitted a CO

redesignation request and a maintenance plan for the Vancouver area.

Washington submitted evidence that two public hearings were held in

Vancouver: one on December 19, 1995, by the Southwest Air Pollution

Control Authority (SWAPCA), and the other on January 30, 1996, by

Washington.

II. Evaluation Criteria

Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides

five specific requirements that an area must meet in order to be

redesignated from nonattainment to attainment.

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;

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; and

5. The area must meet all applicable requirements under section 110

and Part D of the CAA.

III. Review of State Submittal

On April 1, 1996, EPA Region 10 determined that the information

received from Washington constituted a complete redesignation request

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

Secs. 2.1 and 2.2.

The Washington redesignation request for the Vancouver area meets

the five requirements of section 107(d)(3)(E), noted above. The

following is a brief description of how Washington has fulfilled each

of these requirements.

1. Attainment of the CO NAAQS

Quality-assured CO ambient air monitoring data shows that the

Vancouver area has met the CO NAAQS. The Washington request is based on

an analysis of quality-assured CO air monitoring data which is relevant

to the maintenance plan and to the redesignation request. 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 ambient air CO monitoring data for calendar year

1992 through calendar year 1995, relied upon by Washington in its

redesignation request, shows only one exceedance in 1994 of the CO

NAAQS in the Vancouver area. Because the area has complete quality

assured data showing no more than one exceedance of the standard per

year over at least two consecutive years, the area has met the first

statutory criterion of attainment of the CO NAAQS (40 CFR 50.8 and

appendix C). Washington has committed to continue monitoring in this

area in accordance with 40 CFR part 58.

2. Fully Approved SIP Under Section 110(k) of the CAA

With the exception of the 1990 Emission Inventory, which is

discussed and proposed for approval herein, and the vehicle inspection

and maintenance program, Washington's CO SIP is fully approved by EPA

as meeting all the requirements of section 110(a)(2)(I) of the Act,

including the requirements of Part D (relating to nonattainment), which

were due prior to the date of Washington's redesignation request.

Washington's CO SIP for Vancouver (Attainment Plan) was submitted on

January 22, 1993. No previous CO SIP for the Vancouver area had been

submitted. The 1990 CAAA required that nonattainment areas meet

specific new requirements depending on the severity of the

nonattainment classification. Requirements for the Vancouver area

included a vehicle inspection and maintenance program, the preparation

of a 1990 emission inventory with periodic updates, adoption of an

oxygenated fuels program, the development of contingency measures, and

development of conformity procedures. Each of these requirements added

by the 1990 Amendments to the CAA is discussed in greater detail below.

Final approval of this redesignation request is contingent upon final

action by EPA to approve the 1990 emission inventory and the vehicle

inspection and maintenance program originally submitted on January 22,

1993.

All moderate CO nonattainment areas with a design value of 12.7 ppm

or less were required to submit proposed Part D New Source Review (NSR)

programs no later than November 15, 1993, pursuant to sections 172(b),

172(c)(5), and 173 of the Act. Washington submitted amendments to the

SIP on April 11, 1994, which included SWAPCA's NSR requirements. The

NSR portion was approved by EPA on May 3, 1995. Washington submitted

its amended Part D NSR rules to EPA on March 8, 1994, as a SIP

revision. These rules were approved by EPA on June 2, 1995.

Washington's visibility NSR rules were approved by EPA on June 26,

1986, and remain in effect. Because the Vancouver area is being

redesignated to attainment by this action, Washington's

[[Page 39380]]

Prevention of Significant Deterioration (PSD) requirements will be

applicable to new or modified sources in the Vancouver area for CO. The

Washington PSD requirements incorporate by reference 40 CFR 52.21(b)

through (w), which are part of the SIP. See 40 CFR 52.2497(b).

A. Emission Inventory

Washington submitted its 1990 base year inventory to EPA on January

22, 1993, which included estimates for CO emissions for the Vancouver

portion of the Portland-Vancouver CO nonattainment area, as required

under Section 187(a)(1) of the CAA. EPA is proposing to approve the

Vancouver portion of the 1990 CO Base Year emission inventory with this

redesignation request.

Section 172(c)(3) of the CAA requires that nonattainment plan

provisions include a comprehensive, accurate, and current inventory of

actual emissions from all sources of relevant pollutants in the

nonattainment area. Washington included the requisite inventory in the

CO SIP. The base year for the inventory was 1990, using a three month

CO season of November 1990 through January 1991. Stationary point

sources, stationary area sources, on-road mobile sources, and nonroad

mobile sources of CO were included in the inventory. Stationary sources

with emissions of greater than 50 tons per year were also included in

the inventory.

The following list presents a summary of the CO peak season daily

emissions estimates in tons per winter day by source category: Point

Sources, 81.85 tons per day; Area Sources, 67.39 tons per day; Mobile

On-Road Sources, 223.38 tons per day; Mobile Nonroad Sources, 17.59

tons per day; Total Sources, 390.21 tons per day. Available guidance

for preparing emission inventories is provided in the General Preamble

(57 FR 13498, April 16, 1992).

Section 110(k) of the CAA sets out provisions governing the EPA's

review of base year emission inventory submittals in order to determine

approval or disapproval under section 187(a)(1). The EPA is proposing

to approve the Washington 1990 base year CO emissions inventory for the

Vancouver area submitted on January 22, 1993, based on the EPA's

technical review of the CO inventory. For further details, the reader

is referred to the Technical Support Document, which is available for

review at the addresses provided above.

B. Oxygenated Gasoline

Motor vehicles are significant contributors of CO emissions. An

important measure toward reducing these emissions is the use of

cleaner-burning oxygenated gasoline. Extra oxygen, contained within the

oxygenate in the fuel, enhances fuel combustion and helps to offset

fuel-rich operating conditions, particularly during vehicle starting,

which are more prevalent in the winter.

Section 211(m) of the CAA requires that for CO nonattainment areas

with a design value of 9.5 or greater parts per million based on data

for the 2-year period of 1988 and 1989, a SIP revision be submitted for

an oxygenated fuel program for the area. The oxygenated fuel

requirement must apply to all fuel refiners or marketers who sell or

dispense gasoline in the Metropolitan Statistical Area (MSA) or in the

Consolidated Metropolitan Statistical Area (CMSA) in which the

nonattainment area is located. The Vancouver area has a design value

above 9.5 parts per million based on 1988 and 1989 data and,

consequently, Washington was subject to the requirement to adopt an

oxygenated fuel program for the Vancouver area.

Washington submitted an oxygenated fuel SIP revision for the

Vancouver CO nonattainment area to EPA on November 16, 1992, having

implemented the program on November 1, 1992. EPA approved this SIP

revision on January 20, 1994. As noted in Washington's redesignation

request, Washington intends to relegate the oxygenated fuel program to

contingency status upon EPA's approval of its redesignation request.

The oxygenated gasoline program is one in which all oxygenated

gasoline must contain an average minimum oxygen content of 2.7 percent

by weight of oxygen. Under section 211(m)(4) of the CAA, EPA also

issued requirements for the labeling of gasoline pumps used to dispense

oxygenated gasoline, as well as guidelines on the establishment of an

appropriate control period. These labeling requirements and control

period guidelines may be found in the Federal Register, 57 FR 47849,

dated October 20, 1992. Washington's oxygenated gasoline regulation

requires the minimum 2.7 percent oxygen content in the Washington State

portion of the Portland-Vancouver CMSA (Clark County). The regulation

also contains the necessary labeling regulations, enforcement

procedures, and oxygenate test methods.

As mentioned above, Washington has chosen to convert its oxygenated

fuels requirement in the Washington State portion of the Portland-

Vancouver CMSA (Clark County) to a contingency measure in its

maintenance plan upon redesignation. In its demonstration of

maintenance, described below, Washington has shown that oxygenated

gasoline in the Washington State portion of the Portland-Vancouver CMSA

(Clark County) is not necessary for continued maintenance of the CO

NAAQS.

C. Conformity

Under section 176(c) of the CAA, states are 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 their SIPs for areas designated

nonattainment or subject to a maintenance plan approved under CAA

section 175A. Pursuant to Sec. 51.396 of the transportation conformity

rule, Washington 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 Sec. 51.851 of the general conformity rule, Washington 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. Washington submitted its

transportation conformity SIP revision to EPA on May 10, 1994, but it

has not yet been approved by EPA. Washington 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

[[Page 39381]]

comply with the conformity provisions of the Act continues to apply to

areas after redesignation to attainment. Therefore, Washington 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, EPA's 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, on April 1, 1996, EPA 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 (61 FR 2918, January 30, 1996).

Under this new policy, for the reasons just discussed, EPA believes

that the CO redesignation request for the Vancouver area may be

approved notwithstanding the lack of submitted and approved state

transportation and general conformity rules.

For transportation conformity purposes, the on-road emission totals

outlined in the chart below for each year will be designated as the

emissions budget for the Vancouver CO nonattainment/maintenance area.

This budget explicitly contains a surplus above the 2006 mobile source

emissions estimate to provide a ``safety margin'' to the mobile

emission budget of about one to ten percent, depending on the year;

including this ``safety margin'' still results in total emissions

remaining below the 1992 attainment level by three to five percent.

Vancouver CO Emission Budget

[Pounds per winter day]

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1992 1995 1997 2001 2003 2006

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Other sources..................... 318,823 318,259 327,317 344,693 350,365 359,089

Mobile budget..................... 328,606 300,000 300,000 270,000 270,000 260,000

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Total....................... 647,429 618,259 627,317 614,693 620,365 619,089

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D. Inspection and Maintenance

Section 187(a)(4) requires that the applicable CO implementation

plan include the vehicle inspection and maintenance (I/M) program

described in section 182(a)(2)(B). This requires that Washington

implement at least a basic inspection and maintenance program.

Washington submitted its I/M SIP on January 22, 1993, and submitted a

revised I/M SIP on August 24, 1995, to meet the requirements of EPA's

``low enhanced I/M'' as delineated in the rulemaking of September 18,

1995. Washington is applying low enhanced I/M to all nonattainment

areas, over and above the statutory requirements for basic I/M. EPA is

currently reviewing this SIP revision.

E. Contingency Measures

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 failed to reach attainment by the applicable attainment

date, December 31, 1995. The SIP revision for the contingency measures

portion of the Attainment Plan was submitted on November 10, 1993. This

was approved by EPA on October 31, 1994.

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

Once this action and the vehicle inspection and maintenance program

are approved, EPA will have completed its approval of Washington's 1993

CO SIP (attainment plan). Emission reductions achieved through the

implementation of the primary control measures contained in that SIP

are enforceable. These measures are: a low-enhanced Inspection and

Maintenance Program and the Federal Motor Vehicle Control Program.

Also, the oxygenated fuel program, from its implementation in 1992

until its transfer to contingency status after redesignation, has been

and is fully enforceable. As discussed above, Vancouver area initially

attained the NAAQS in 1992 with monitored attainment through the 1994-

1995 CO season. This indicates that the improvements were due to the

permanent and enforceable measures contained in the 1993 CO SIP. An

analysis by SWAPCA using historical trends in Clark County's population

and employment data as indices of the overall level of economic

activity and growth in the area supports this conclusion.

Washington 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 a local

economic downturn. EPA finds that the combination of certain existing

EPA-approved SIP and federal measures contribute to the permanence and

enforceability of reduction in ambient 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 Washington's

maintenance plan for the Vancouver area because EPA finds that

[[Page 39382]]

Washington's submittal meets the requirements of section 175A.

A. Attainment Emission Inventory

On March 19, 1996, Washington submitted, as part of its

redesignation and maintenance plan approval request, a comprehensive

inventory of CO emissions for the Vancouver area. The inventory

includes emissions from area, stationary, and mobile sources using 1992

as the base year for calculations.

The Washington submittal contains the detailed inventory data and

summaries by source category. The comprehensive base year emissions

inventory was submitted in the National Emission Data System format.

This inventory was prepared in accordance with EPA guidance.

Although the 1992 inventory can be considered representative of

attainment conditions because the NAAQS was not violated during 1992,

Washington established CO emissions for the attainment year, 1992, as

well as forecast years out to the year 2006. These estimates were

derived from the State's 1992 emissions inventory. The future emission

estimates are based on assumptions about vehicle miles travelled and

economic growth. The economic growth assumptions are documented in

``BEA Regional Projections to 2040, Volume 2: Metropolitan Statistical

Areas,'' dated October 1990. The population, household, and VMT

(vehicle miles traveled) growth estimates are from the Southwest

Washington Regional Transportation Council.

1992 CO Base Year Emissions Inventory Vancouver Nonattainment Area

[Tons per day]

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Year Area Nonroad Mobile Point Total

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1992........................................... 76.43 15.14 164.30 67.84 323.71

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B. Demonstration of Maintenance: Projected Inventories

Total CO emissions were forecast from 1992 base year out to 2010,

although the Maintenance Plan projects maintenance through 2006. These

projected inventories were prepared in accordance with EPA guidance.

Washington will not implement the oxygenated fuel program in the

Washington State portion of the Portland-Vancouver CMSA (Clark County)

unless a violation is measured or if it is determined that

implementation of the program is the most appropriate response to an

exceedance. The projections show that calculated CO emissions, assuming

no oxygenated fuels program, are not expected to exceed the level of

the base year inventory during this time period. Therefore, it is

anticipated that the Vancouver area will maintain the CO standard

without the program, and the oxygenated fuel program would not need to

be implemented following redesignation, except as a contingency

measure.

Vancouver Nonattainment Area CO Emissions Inventory Summary

(Tons per day)

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Year Area Nonroad Mobile Point Total

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1992........................................... 76.43 15.14 164.30 67.84 323.71

1993........................................... 76.16 15.42 159.16 70.36 321.10

1995........................................... 70.60 16.67 129.43 71.86 288.56

2000........................................... 76.02 19.62 137.47 75.34 308.45

2005........................................... 79.85 21.52 124.76 76.76 302.89

2010........................................... 84.16 23.55 128.89 77.79 314.38

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C. Verification of Continued Attainment

Washington will document continued attainment of the CO NAAQS in

the Vancouver area, in part, by tracking indicators of continued

attainment during the maintenance period. Washington has also committed

to submit periodic inventories of CO emissions every three years.

D. Contingency Plan

The level of CO emissions in the Vancouver area will largely

determine the area's ability to stay in compliance with the CO NAAQS in

the future. Despite Washington's best efforts to demonstrate continued

compliance with the NAAQS, the ambient air pollutant concentrations may

exceed or violate the NAAQS. Section 175A(d) of the CAA requires that,

when violations of the NAAQS occur, Washington implement all measures

with respect to the control of CO which were contained in the SIP for

the area before redesignation of the area as an attainment area.

Therefore, Washington has provided contingency measures with a schedule

for implementation in the event of future exceedances or violations of

the CO NAAQS. The plan contains triggering mechanisms to determine when

contingency measures are needed.

Washington has developed a contingency plan which utilizes actual

validated CO monitoring results to trigger activation of the CO

contingency measures. A four-tiered level of escalating response and

contingencies is proposed for the Vancouver CO Contingency Plan as

follows.

An exceedance of the 8-hour standard at one monitoring site will

result in the analysis and identification of the exceedance. If the

cause is transportation related, SWAPCA will coordinate with the

Regional Transportation Council (RTC) to identify an appropriate

localized control measure to solve the problem; SWAPCA and the RTC will

coordinate to identify the appropriate transportation project. Examples

of localized control measures include, but are not limited to, SWAPCA's

requesting the acceleration of construction to open an interchange

sooner to alleviate heavy traffic at an intersection, traffic signal

synchronization changes, and/or the construction of additional turn

lanes.

An exceedance of the 8-hour standard at both monitoring sites shall

result in an evaluation of the reason for the condition with the

possibility of implementing the oxygenated fuel

[[Page 39383]]

program, if such action is determined to be a prudent response.

A violation (more than one exceedance within a one-year period)

shall trigger the implementation of the oxygenated fuel program (2.7%

oxygen), as soon as practical but no later than the following winter

season.

A second violation shall trigger the re-implementation of the New

Source Review requirements, LAER (lowest achievable emission rate), and

offsets for major new (and major modifications of existing) CO

industrial sources.

E. Subsequent Maintenance Plan Revisions

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

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

is redesignated to attainment. Such revised SIP will provide for

maintenance for an additional ten years.

5. Meeting Applicable Requirements of Section 110 and Part D

In Section III.2. above, EPA sets forth the basis for its

conclusion that Washington has a fully approved SIP which meets the

applicable requirements of Section 110 and Part D of the CAA.

IV. This Action

EPA is proposing to approve the Vancouver area CO maintenance plan

because it meets the requirements set forth in section 175A of the CAA.

In addition, the Agency is proposing to approve the request to

redesignate the Vancouver CO area to attainment, because Washington has

demonstrated compliance with the requirements of section 107(d)(3)(E)

for redesignation. EPA is also proposing to approve Washington's 1990

base year CO emissions inventory.

V. Administrative Review

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.

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.

The CO SIP is designed to satisfy the requirements of part D of the

CAA and to provide for attainment and maintenance of the CO NAAQS. This

proposed redesignation should not be interpreted as authorizing or

proposing to authorize Washington to delete, alter, or rescind any of

the CO emission limitations and restrictions contained in the approved

CO SIP. Changes to CO SIP regulations rendering them less stringent

than those contained in the EPA approved plan cannot be made unless a

revised plan for attainment and maintenance is submitted to and

approved by EPA. Unauthorized relaxations, deletions, and changes could

result in both a finding of non-implementation (section 179(a) of the

CAA) and in a SIP deficiency call made pursuant to sections

110(a)(2)(H) and 110(k)(2) of the CAA.

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, it does not

have any economic impact on any small entities. Redesignation of an

area to attainment under section 107(d)(3)(E) of the CAA does not

impose any new requirements on small entities.

Redesignation is an action that affects the status of a

geographical area and does not impose any regulatory requirements on

sources. Accordingly, I certify that the approval of the redesignation

request will not have an impact on any small entities.

VI. Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 25,

1995, EPA must undertake various actions in association with proposed

or final rules that 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.

Through submission of this state implementation plan or plan

revision, Washington and any affected local or tribal governments have

elected to adopt the program provided for under section 175A and

section 187(a)(1) of the Clean Air Act. The rules and commitments

proposed for approval in this action may bind State, local, and tribal

governments to perform certain actions and also may ultimately lead to

the private sector being required to perform certain duties. To the

extent that any mandate is imposed upon the State, local, or tribal

governments either as the owner or operator of a source or as mandate

upon the private sector, EPA's proposed action will impose no new

requirements under State law; such sources are already subject to these

requirements under State law. Accordingly, no additional costs to

State, local, or tribal governments, or to the private sector, results

from this action. EPA has also determined that this final action does

not include a mandate that may result in estimated costs of $100

million or more to State, local, or tribal governments in the aggregate

or to the private sector.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Ozone.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

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

Dated: July 15, 1996.

Chuck Clarke,

Regional Administrator.

[FR Doc. 96-19196 Filed 7-26-96; 8:45 am]

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