Approval and Promulgation of State Implementation Plans: State of Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA 13-6-6121; WA 55-7130; and WA 57-7132; FRL-5889-5]

Approval and Promulgation of State Implementation Plans: State of

Washington

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving parts

of four revisions to the Washington State Implementation Plan (SIP)

which were submitted by the Washington Department of Ecology

(Washington) on January 22, 1993; September 14, 1993; and April 30,

1996 (two revisions), to address the attainment of the National Ambient

Air Quality Standard (NAAQS) for carbon monoxide (CO) in the Spokane,

Washington urbanized area. In addition, EPA is deferring action on

several parts of the SIP revisions and not addressing other parts in

this action because they have been superseded by subsequent revisions

and were or will be addressed in separate actions. The SIP revisions

were submitted by Washington to satisfy certain Federal requirements

for an approvable nonattainment area CO SIP for the Spokane

nonattainment area in the State of Washington.

EFFECTIVE DATE: October 22, 1997.

ADDRESSES: Copies of Washington's request and other information

supporting this action are available for inspection during normal

business hours at the following locations: EPA, Office of Air Quality

(OAQ-107), 1200 Sixth Avenue, Seattle, Washington 98101; and the

Washington Department of Ecology, Attention: Tami Dahlgren, Olympia,

Washington 98504-7600, telephone (360) 407-6830; and the Spokane County

Air Pollution Control Authority, West 1101 College, suite 403, Spokane,

Washington 99201, telephone (509) 456-4727.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, EPA, 401 M Street, SW., Washington, DC 20460, as well as the

above addresses.

FOR FURTHER INFORMATION CONTACT: William M. Hedgebeth, Office of Air

Quality (OAQ-107), EPA, Seattle, Washington, (206) 553-7369.

SUPPLEMENTARY INFORMATION:

I. Background

A. January 22, 1993, Submittal, Docket # WA 13-6-6121

On January 22, 1993, Washington submitted a SIP revision consisting

of a plan for the attainment of the CO NAAQS in the Spokane area. This

included a demonstration of attainment by December 31, 1995, of the CO

NAAQS and provisions for forecasting and tracking vehicle miles

traveled (VMT) in the Spokane area, with contingency measures to be

implemented if any estimate of actual VMT in the nonattainment area, or

any updated forecast of VMT contained in an annual report for any year

prior to attainment, exceeds the number predicted in the most recent

VMT forecast. Also included were provisions which have been superseded

by subsequent SIP revisions: Reasonably Available Control Measures for

residential wood combustion; Reasonably Available Control Technology

for point sources; New Source Review; Vehicle Emission Inspection and

Maintenance Program; oxygenated fuel; and transportation conformity. On

September 14, 1993, Washington submitted a revision to the January 22,

1993, SIP submittal consisting of the 1990 base year emissions

inventory and the 1995 projected year emissions inventory. Washington

also submitted, on September 29, 1995, a 1993 updated (periodic)

emissions inventory for the Spokane area, to meet the requirement of

section 187(a)(5) of the CAA for periodic inventories.

B. April 30, 1996, Submittal, Docket # WA 57-7132 (Re VMT, Emissions

Estimates, and Oxygenated Fuel Contingency Measure)

On April 30, 1996, Washington submitted a SIP revision consisting

of revisions to the previously submitted vehicle emission estimates

portion of the 1990 base year emissions inventory and of the 1995

projected year inventory; the emissions budget; VMT estimates and

forecasts; and the attainment demonstration. The revision also added a

contingency measure (3.5% oxygenated fuel) for failure to attain the

NAAQS.

C. April 30, 1996, Submittal (Removal of Two Transportation Control

Measures (TCMs)), Docket # WA 55-7130

On April 30, 1996, Washington submitted a SIP revision consisting

of

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the removal of two unimplemented TCMs which had previously been

approved by EPA on March 22, 1982, as part of the 1982 Spokane CO SIP.

II. Response To Comments

No comments were received on the June 9, 1997, Notice of Proposed

Rulemaking in this matter.

III. Final Action

A. Emissions Inventories (Base Year and Periodic)

EPA is approving that part of the SIP revision submitted by

Washington on January 22, 1993, consisting of the 1990 Base Year

emissions inventory, and the revisions to that inventory submitted by

Washington on April 30, 1996, as meeting the requirements of section

187(a)(1) of the CAA. EPA is also approving the 1993 periodic emissions

inventory submitted by Washington on September 29, 1995, as meeting the

requirements of section 187(a)(5) of the CAA.

B. VMT/VMT Contingency Measures

EPA is approving that part of the SIP revision submitted by

Washington on January 22, 1993, for the purpose of forecasting and

tracking VMT in the Spokane area. This approval includes the VMT

contingency measures submitted with this revision. EPA is also

approving that part of the SIP revision submitted on April 30, 1996,

consisting of revisions to the VMT estimates and forecasts.

C. Contingency Measures (3.5 Percent Oxygenated Fuel)

EPA is approving that part of the SIP revision submitted by

Washington on April 30, 1996, consisting of a contingency measure which

implements a 3.5 percent oxygenated fuel requirement during the CO

season in the event that the Spokane area failed to reach attainment of

the CO NAAQS by December 31, 1995. It should be noted that EPA has

proposed to determine that the Spokane CO nonattainment area did not

attain the CO NAAQS by December 31, 1995, as required, and to

reclassify the Spokane CO nonattainment area as a ``serious''

nonattainment area. See 61 FR 33879, July 1, 1996. No final action has

been taken by EPA to date on that proposal. The oxygenated fuel

contingency measure was implemented starting with the 1996/1997 CO

season.

D. TCM Deletions

EPA is approving the SIP revision submitted by Washington on April

30, 1996, consisting of the deletion of two unimplemented TCMs from the

Spokane CO portion of the SIP. These TCMs were projects involving the

widening of Rowan Avenue and the installation of traffic lights along

Rowan Avenue; and the construction of an additional part of North River

Drive, both of which had been previously approved as part of a SIP

revision on March 22, 1982.

E. Attainment Demonstration

EPA is deferring action on that part of the SIP revision submitted

by Washington on January 22, 1993, and revised by the SIP revision

submitted by Washington on April 30, 1996, which consists of the

Spokane CO Attainment Demonstration. EPA has not promulgated a final

action on its July 1, 1996, proposal to determine that the Spokane,

Washington CO nonattainment area did not attain the CO NAAQS by

December 31, 1995, and is unable to take action on the attainment

demonstration until a final action is taken on that proposal.

F. Emissions Budget

EPA is deferring action on that part of the SIP revision submitted

by Washington on April 30, 1996, consisting of the CO emissions budget.

Approval of the emissions budget cannot occur until an attainment

demonstration is approved by EPA in the SIP.

G. Reasonably Available Control Measures (RACM)/Reasonably Available

Control Technology (RACT)

The SIP revision related to RACM submitted by Washington on January

22, 1993, was superseded by a revision submitted on December 9, 1994,

which was approved by EPA on January 27, 1997. See 62 FR 3800. The RACT

requirements were approved by EPA in the redesignation to attainment of

the Puget Sound and Vancouver CO nonattainment areas. See 61 FR 53323,

October 11, 1996, and 61 FR 54560, October 21, 1996.

H. New Source Review

The SIP revision relating to New Source Review which was submitted

by Washington on January 22, 1993, was superseded by a revision

submitted by Washington on March 8, 1994, which was approved by EPA on

June 2, 1995. See 60 FR 28726.

I. Vehicle Emission Inspection and Maintenance Program

The SIP revision relating to the Vehicle Emission Inspection and

Maintenance Program which was submitted by Washington on January 22,

1993, was superseded by a revision submitted by Washington on August

21, 1995, which was approved by EPA on September 25, 1996. See 61 FR

50235.

J. Oxygenated Fuels

The SIP revision related to oxygenated fuels submitted by

Washington on January 22, 1993, was approved by EPA on January 20,

1994. See 59 FR 2994.

K. Transportation Conformity

EPA is taking no action at this time on that part of the SIP

revision relating to transportation conformity submitted by Washington

on January 22, 1993. This was superseded by a revision submitted by

Washington on May 30, 1995, which was further revised by a SIP revision

submitted by Washington on November 30, 1995. EPA will act on this

submittal separately 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 state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors, and in

relation to relevant statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

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

Clean Air Act 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, the Regional

Administrator certifies 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 flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its

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actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates Reform Act

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 approval action promulgated herein 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

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives, and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial 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 November 21, 1997. 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations.

Dated: August 25, 1997.

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)(75) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(75) On January 22, 1993, September 14, 1993, and April 30, 1996,

the Director of the Washington Department of Ecology (Washington)

submitted to the Regional Administrator of EPA four revisions to the

State Implementation Plan consisting of amendments to the Spokane CO

SIP.

(i) Incorporation by reference.

(A) Letter dated January 22, 1993, from Washington to EPA

requesting approval of revisions to the Spokane CO portion of the

Washington State Implementation Plan; the ``Supplement to the State

Implementation Plan for Washington State, Spokane Carbon Monoxide

Nonattainment Area,'' dated January 1993, Sections 6.0, 6.1, 6.3, and

6.4.

(B) Letter dated September 14, 1993, from Washington to EPA

providing supplementary information to that submitted on January 22,

1993; ``Spokane County Carbon Monoxide Non-attainment Area 1990 Base

Year Emissions Inventory,'' dated November 1992.

(C) Two letters dated April 30, 1996, from Washington to EPA

submitting two revisions to the State Implementation Plan; ``Supplement

to A Plan for Attaining and Maintaining National Ambient Air Quality

Standards for the Spokane Carbon Monoxide Nonattainment Area,'' dated

March 1995; and ``Supplement to the State Implementation Plan for

Washington State, Spokane County Carbon Monoxide Nonattainment Area,

Supplement 1 of 2,'' replacement pages for Sections 2.5 and 6.2 of

Section 4.5.2.CO.1 of the State Implementation Plan, dated January

1996; and ``Supplement to the State Implementation Plan for Washington

State, Spokane County Carbon Monoxide Nonattainment Area, Supplement 2

of 2,'' new Section 10.0, Contingency Measures, of Section 4.5.2.CO.1

of the State Implementation Plan, dated January 1996.

(ii) Additional material.

(A) Letter of September 29, 1995, submitting CO Periodic Emission

Inventory Reports; ``Spokane County Carbon Monoxide Nonattainment Area,

1993 Periodic Update Emissions Inventory,'' dated September 1995.

[FR Doc. 97-24420 Filed 9-19-97; 8:45 am]

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