Approval and Promulgation of State Implementation Plans: State of
Washington
Related Material
[Federal Register: September 22, 1997 (Volume 62, Number 183)]
[Rules and Regulations]
[Page 49442-49444]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se97-11]
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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this action because they have been superseded by subsequent revisions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
[[Page 49443]]
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
[[Page 49444]]
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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