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Approval and Promulgation of State Implementation Plans; State of Washington; Spokane Carbon Monoxide Attainment Plan
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: March 8, 2005 (Volume 70, Number 44)]
[Proposed Rules]
[Page 11179-11184]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr05-26]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA-01-003; FRL-7881-9]
Approval and Promulgation of State Implementation Plans; State of
Washington; Spokane Carbon Monoxide Attainment Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA invites public comment on its proposal to approve
Washington State Implementation Plan (SIP) revisions submitted to EPA
by the State of Washington on September 20, 2001, September 26, 2001
and November 22, 2004. The revisions consist of changes to the State of
Washington Inspection and Maintenance Program and a Plan for attaining
carbon monoxide (CO) National Ambient Air Quality Standards (NAAQS) in
the Spokane Serious CO Nonattainment Area.
The EPA also invites public comment on its proposal to approve
certain source-specific SIP revisions relating to Kaiser Aluminum and
Chemical Corporation.
DATES: Written comments must be received by April 7, 2005.
ADDRESSES: Submit your comments, identified by Docket ID No. WA-01-003,
by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
? E-mail: R10aircom@epa.gov.
? Fax: (206)-553-0110.
? Mail: Office of Air, Waste, and Toxics, Environmental
Protection Agency, Mail code: OAWT-107, 1200 Sixth Ave., Seattle,
Washington 98101.
? Hand Delivery: Environmental Protection Agency, Office of
Air, Waste, and Toxics, OAWT-107, 9th Floor, 1200 Sixth Ave., Seattle,
Washington 98101. Such deliveries are only accepted during normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. WA-01-003.
EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise
[[Page 11180]]
protected through regulations.gov, or e-mail. The federal
regulations.gov Web site is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to I. General Information in
the SUPPLEMENTARY INFORMATION section of this document.
Docket: Publicly available docket materials are available in hard
copy at the Office of Air, Waste, and Toxics, EPA Region 10, Mail code:
OAWT-107, 1200 Sixth Ave., Seattle, Washington 98101, open from 8 a.m.-
4:30 p.m. Monday through Friday, excluding legal holidays. The
telephone number is (206) 553-4273. Copies of the State's request and
other information relevant to this action are also available at the
State of Washington Department of Ecology, P.O. Box 47600, Olympia,
Washington, 98504-7600.
FOR FURTHER INFORMATION CONTACT: Connie Robinson, Office of Air, Waste
and Toxics (OAWT-107), EPA, 1200 Sixth Avenue, Seattle, Washington
98101, (206) 553-4273.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA. Information is organized
as follows:
Table of Contents
I. General Information
II. Background Information
A. What NAAQS Is Considered in Today's Proposal?
B. What Is the History Behind This Proposal?
C. What Statutory, Regulatory, and Policy Requirements Must be
Met to Approve This Proposal?
III. EPA's Review of the Spokane CO Plan
A. Does the Spokane CO Plan Meet All the Procedural Requirements
as Required by Section 110(a)(2) of the Clean Air Act (the Act)?
B. Does the Spokane CO Plan Include a Comprehensive, Accurate,
Current Base Year Inventory From All Sources as Required in Sections
172(c)(3) and 187(a)(1)?
C. Does the Spokane CO Plan Include Periodic Inventories as
Required in Section 187(a)(5) of the Act?
D. Does the Spokane CO Plan Meet the Requirement of Section
187(a)(7) of the Act That Serious CO Areas Submit an Attainment
Demonstration Which Includes Annual Emissions Reductions Necessary
for Reaching Attainment by the Deadline?
E. Has Spokane Adopted Transportation Control Measures (TCMs)
for the Purpose of Reducing CO Emissions as Required by Sections
182(d)(1) and 187(b)(2) and Described in Section 108(f)(1)(A) of the Act?
F. Does the Spokane CO Plan Include a Forecast of Vehicle Miles
Traveled (VMT) for Each Year Before the Attainment Year of 2000 as
Required by Section 187(a)(2)(A) of the Act?
G. Does the Spokane CO Plan Include Contingency Measures as
Required by Section 187(a)(3) of the Act?
H. Is the Motor Vehicle Emission Budget Approvable as Required
by Section 176(c)(2)(A) of the Act and Outlined in Conformity Rule
40 CFR 93.118(e)(4)?
I. Does Spokane Have an I/M Program in Place That Meets the
Requirements in Sections 182(a)(2)(B) and 187(a)(6) of the Act?
J. Are There Controls on Stationary Sources of CO as Required by
Section 172(c)(5) of the Act?
K. Has Spokane Implemented an Oxygenated Fuel Program as
Described in Section 187(b)(3) of the Act?
IV. EPA's Evaluation of the Washington Inspection and Maintenance
(I/M) Program Revision
A. What is Being Revised in the Washington I/M Program?
B. Have All the Procedural Requirements for Approval of This
Revision Been Met?
C. How Does This Revision to the Washington I/M Program Affect
the Attainment Demonstration for the Spokane CO Serious
Nonattainment Area?
V. Kaiser Aluminum and Chemical Corporation, Administrative Orders
VI. Summary of EPA's Proposals
VII. Statutory and Executive Order Reviews
I. General Information
What Should I Consider as I Prepare My Comments for EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit this information to EPA through regulations.gov or e-mail.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark
the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 Code of
Federal Regulations (CFR) part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a CFR part or
section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background Information
A. What NAAQS Is Considered in Today's Proposal?
CO is among the ambient air pollutants for which EPA has
established a health-based standard and is the pollutant that is the
subject of this action. CO is a colorless, odorless gas emitted in
combustion processes. CO enters the bloodstream through the lungs and
reduces oxygen delivery to the body's organs and tissues. Exposure to
elevated CO levels is associated with impairment of visual perception,
work capacity, manual dexterity, and learning ability, and with illness
and death for those who already suffer from cardiovascular disease,
particularly angina or peripheral vascular disease.
Under section 109(a)(1)(A) of the Act, we have established primary,
health-related NAAQS for CO: 9 parts per million (ppm) averaged over an
8-hour period, and 35 ppm averaged over 1 hour. Spokane has never
exceeded the
[[Page 11181]]
1-hour NAAQS; therefore, the Spokane CO Plan and this proposal address
only the 8-hour CO NAAQS. Attainment of the 8-hour CO NAAQS is achieved
if not more than one non-overlapping 8-hour average per monitoring site
exceeds 9 ppm (values below 9.5 are rounded down to 9.0 and are not
considered exceedances) in either year of a consecutive 2-year period.
The area has been monitoring ambient air for CO levels since the
early 1980's. In 1987, the Spokane area recorded 87 exceedances of the
8-hour NAAQS; however, the area has recorded no violations of the
standard since 1995.
B. What Is the History Behind This Proposal?
Upon enactment of the 1990 Clean Air Act Amendments (the Act),
areas meeting the requirements of section 107(d) of the Act were
designated nonattainment for CO by operation of law. Under section
186(a) of the Act, each CO nonattainment area was also classified by
operation of law as either moderate or serious depending on the
severity of the area's air quality problems. Spokane was classified as
a moderate CO nonattainment area. Moderate CO nonattainment areas were
expected to attain the CO NAAQS as expeditiously as practicable but no
later than December 31, 1995. If a moderate CO nonattainment area was
unable to attain the CO NAAQS by December 31, 1995, the area was
reclassified as a serious CO nonattainment area by operation of law.
Spokane was unable to meet the CO NAAQS by December 31, 1995, and was
reclassified as a serious nonattainment area effective April 13, 1998.
Spokane monitored 2 years of clean data to attain the standard by
December 31, 2000, the required attainment date for all serious CO
areas. Therefore, EPA made a determination that Spokane attained the CO
NAAQS by the attainment date deadline (66 FR 44060, August 22, 2001).
On September 20, 2001, the Washington State Department of Ecology
(Ecology) submitted the Spokane CO Plan as a revision to the Washington
SIP. On November 22, 2004, Ecology submitted an addendum to the Spokane
CO Plan to replace a TCM commitment which they had not been able to
implement.
C. What Statutory, Regulatory, and Policy Requirements Must be Met To
Approve This Proposal?
Section 172 of the Act contains general requirements applicable to
SIP revisions for nonattainment areas. Sections 186 and 187 of the Act
set out additional air quality planning requirements for CO
nonattainment areas.
EPA has issued a ``General Preamble'' describing the agency's
preliminary views on how EPA intends to review SIP revisions submitted
under Title I of the Act. See generally 57 FR 13498 (April 16, 1992)
and 57 FR 18070 (April 28, 1992). The reader should refer to the
General Preamble for a more detailed discussion of the interpretations
of Title I requirements. In this proposed rulemaking, we are applying
these policies to the Spokane CO Plan, taking into consideration the
specific factual issues presented.
III. EPA's Review of the Spokane CO Plan
A. Does the Spokane CO Plan Meet All the Procedural Requirements as
Required by Section 110(a)(2) of the Clean Air Act (the Act)?
Yes. The Act requires States to observe certain procedural
requirements in developing implementation plans for submission to EPA.
Section 110(a)(2) of the Act provides that each implementation plan
submitted by a State must be adopted after reasonable notice and public
hearing. Public noticing for public meetings held on August 28, 2001,
and October 26, 2004, occurred through advertisements in the Spokesman
Review and the Washington State Register. The SIP submittal includes a
hearing summary and notes that during the public meetings no public
testimony was offered. Written comments were received from the public
and included in the submittal along with the response developed by
Ecology staff. Following the required public participation, the State
adopted the Spokane CO Plan on September 19, 2001, and the addendum on
November 17, 2004. The Spokane CO Plan demonstrates it has met the
procedural requirements of section 110(a)(2) of the Act.
B. Does the Spokane CO Plan Include a Comprehensive, Accurate, Current
Base Year Inventory From All Sources as Required in Sections 172(c)(3)
and 187(a)(1)?
Yes. Spokane submitted a 1996 base year emissions inventory in the
Spokane CO Plan consistent with our guidance documents. The motor
vehicle emission factors used in the plan were generated by the
MOBILE5b program. The base year inventory is an estimate of actual
emissions representative of a typical peak CO season day. The table
below contains a detailed listing of average daily, CO season emissions
by source category.
Table 1.--1996 Base Year Emissions
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Non-road On-road Total
Emission category Point Area sources mobile mobile emissions
sources sources sources (tons/day)
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Base Year 1996... 79.9 70.4 31.3 167.2 348.8
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The methodologies used to prepare the base year emissions
inventory, as described in the Spokane CO Plan, are acceptable. The
inventory meets base year emissions inventory requirements of sections
172(c)(3) and 187(a)(1) of the Act and is approvable. A discussion of
how the inventory meets the requirements for approval is in the
technical support document (TSD) for this proposal. Detailed inventory
data is contained in the docket maintained by EPA.
C. Does the Spokane CO Plan Include Periodic Inventories as Required in
Section 187(a)(5) of the Act?
Yes. Section 187(a)(5) of the Act requires the submission of
periodic emission inventories at 3-year intervals until an area is
redesignated to attainment. Ecology submitted the Spokane 1999 periodic
emission inventory in September 2001, and submitted the 2002 periodic
emission inventory on November 29, 2004, as the base year inventory in
their Spokane CO Maintenance Plan. Ecology has agreed to submit
periodic inventories at 3-year intervals until Spokane is redesignated
to attainment.
[[Page 11182]]
D. Does the Spokane CO Plan Meet the Requirement of Section 187(a)(7)
of the Act That Serious CO Areas Submit an Attainment Demonstration
Which Includes Annual Emissions Reductions Necessary for Reaching
Attainment by the Deadline?
Yes. The Spokane CO Plan contains an attainment demonstration that
includes both an area-wide and a hot-spot modeling analysis at heavily-
traveled intersections. The area-wide modeling is used to assess the
cumulative impact of all sources of CO in an urban area. The modeled
concentrations define the background CO concentration. The intersection
modeling assesses the direct impact of traffic on CO concentrations at
intersections.
The area-wide modeling resulted in two key findings. First, the
modeling results indicated that elevated CO concentrations generally
occur in the grids covering Spokane's central business district (CBD)
where major traffic intersections with significant congestion exist. CO
levels appear to rise and fall with traffic activity in the CBD.
Secondly, the Kaiser Aluminum and Chemical Corporation, Mead Works
aluminum smelter appeared at times to contribute significantly to
widespread elevated CO concentrations. Since the modeled concentration
was close to the CO standard of 9 ppm, Kaiser was required to verify
that CO exceedances were not occurring on the hilltop to the southeast
of the plant during smelter operations. See section V. Kaiser Aluminum
and Chemical Corporation Administrative Orders.
Microscale intersection modeling was conducted for seven
intersections within the CBD. These seven intersections were selected
based on their level of service, congestion volume, and potentials for
elevated levels of CO buildup. Only one intersection failed to
demonstrate attainment of the 8-hour CO NAAQS of 9 ppm. However, with
inclusion of the TCM implementation at Third Avenue & Washington
Street, the modeled results demonstrate attainment. See Table 2.
Table 2.--Intersection Maximum Predicted 8-Hour CO Levels (ppm)
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CAL3QHCR+UAM maximum 8-hour average (ppm)
Intersection -----------------------------------------------
Uncontrolled Controlled
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Third Avenue & Washington... 9.38 8.93 with TCM.
Hamilton St. & Sharp........ 8.71 Not affected by TCM.
Second Avenue & Browne...... 8.08 Not affected by TCM.
Third Avenue & Browne....... 8.68 Not affected by TCM.
Second Avenue & Division.... 8.59 Not affected by TCM.
Third Avenue & Division..... 7.59 Not affected by TCM.
Northwest Blvd. & Indiana... 8.76 Not affected by TCM.
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Attainment of the standard in 2000 is demonstrated for all analyzed
intersections. A detailed description of all the control measures used
to demonstrate attainment, including those previously approved, is
contained in the TSD for this proposal.
E. Has Spokane Adopted Transportation Control Measures (TCMs) for the
Purpose of Reducing CO Emissions as Required by Sections 182(d)(1) and
187(b)(2) and Described in Section 108(f)(1)(A) of the Act?
Yes. Sections 182(d)(1) and 187(b)(2) of the Act require states
with serious CO nonattainment areas to submit a SIP revision that
includes transportation control strategies and measures to offset any
growth in emissions due to growth in VMT or vehicle trips. In
developing such strategies, a state must consider measures specified in
section 108(f)(1)(A) of the Act and choose and implement such measures
as are necessary to demonstrate attainment with the NAAQS. TCMs are
designed to reduce mobile pollutant emissions by either improving
transportation efficiency or reducing single-occupant vehicle trips.
The TCM that is used in the Spokane CO attainment demonstration
adds a new left turn channel on eastbound Third Avenue at Washington
Street. The TCM focuses on geometric improvements at the intersection
designed to accommodate left turns and prevent an exceedance during
worse case wintertime conditions. The EPA has reviewed the TCM in the
Spokane CO Plan and is proposing to approve it.
F. Does the Spokane CO Plan Include a Forecast of Vehicle Miles
Traveled (VMT) for Each Year Before the Attainment Year of 2000 as
Required by Section 187(a)(2)(A) of the Act?
Yes. The Spokane Regional Transportation Council (SRTC) developed
the daily VMT forecasts for the period 1993 to 2000 using a network-
based travel demand model. The Transportation Data Office of the
Washington State Department of Transportation developed the estimates
of actual VMT from the Highway Performance Monitoring System (HPMS)
data. Tracking results presented in the Spokane CO Plan demonstrate
that actual VMT is consistently less than forecasted.
SRTC has committed to prepare annual VMT estimates and forecasts
and to submit these reports (``VMT tracking reports'') to Ecology for
submittal to EPA until Spokane is redesignated to attainment. Under
section 187(a)(3) of the Act, annual VMT tracking reports provide a
potential basis for triggering implementation of contingency measures
in the event that estimates of actual VMT exceed the forecasts
contained in the prior annual VMT tracking report.
G. Does the Spokane CO Plan Include Contingency Measures as Required by
Section 187(a)(3) of the Act?
Section 187(a)(3) of the Act requires serious CO nonattainment
areas, such as Spokane, to submit a plan that provides for contingency
measures. The Act specifies that such measures are to be implemented if
any estimate of actual VMT submitted in an annual VMT tracking report
exceeds the VMT predicted in the most recent prior forecast or if the
area fails to attain the NAAQS by the attainment date. As a general
rule, contingency measures must be structured to take effect without
further action by the State or EPA upon the occurrence of certain
triggering events.
The Spokane CO Plan includes contingency measures that meet the
requirements of section 187(a)(3) of the Act. If Spokane exceeds the
ambient CO standard, two contingency measures have been established to
provide additional emission reduction. The two
[[Page 11183]]
contingency measures are channelization on Browne Street, and signage
improvements on Division Street. Both measures have been modeled to
show a reduction in CO concentrations by improving traffic flow.
In addition, in the event that Spokane's actual VMT exceeds the
forecasted VMT, a contingency measure has been established to provide
emission reductions. The measure is a voluntary no-drive day program
called Air Watch. The measure focuses on notifying the public of poor
air quality days and encourages alternatives to single occupancy
vehicles. Public education along with daily CO forecasts for the
following day and drive times and funds for free bus rides are used to
encourage motorists to reduce their use of motor vehicles on bad air
quality days. Air Watch reduces actual VMT and resulting emissions on
the worst air quality days. This contingency measure is structured to
take effect without any further action by the State or EPA. In fact,
Spokane is currently implementing this measure on bad air quality days.
States may implement contingency measures early to obtain
additional emission reductions without being required to adopt
replacement contingency measures to put in place should one of the
triggering events for implementation of contingency measures occur.
This policy is described in a memorandum from Tom Helms, Chief of the
OAQPS Ozone Policy and Strategies Group entitled ``Early Implementation
of Contingency Measures for Ozone and Carbon Monoxide Nonattainment
Areas,'' August 13, 1993.
H. Is the Motor Vehicle Emission Budget Approvable as Required by
Section 176(c)(2)(A) of the Act and Outlined in Conformity Rule 40 CFR
93.118(e)(4)?
EPA found the Spokane 2001 motor vehicle emissions budget (MVEB)
adequate for conformity purposes in 67 FR 69740, November 19, 2002.
Section 176(c)(2)(A) of the Act requires regional transportation plans
to be consistent with the MVEB contained in the applicable air quality
plan for the area. The MVEB for 2001 is as follows:
Spokane 2001 Motor Vehicle Emissions Budget
------------------------------------------------------------------------
CO emissions
Source category (pounds/winter
weekday)
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On-Road Sources--Total Rural......................... 633
On-Road Sources--Total Urban......................... 268,238
Motor Vehicle Emissions Budget....................... 268,871
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The TSD summarizes how the 2001 MVEB meets the criteria contained
in the conformity rule (40 CFR 93.118(e)(4)). EPA is proposing approval
of the 2001 MVEB.
I. Does Spokane Have an I/M Program in Place That Meets the
Requirements in Sections 182(a)(2)(B) and 187(a)(6) of the Act?
Yes. EPA previously approved the Washington I/M program (61 FR
50235, September 25, 1996). Ecology submitted a SIP revision on
September, 26, 2001, to two sections of 173-422 WAC, Motor Vehicle
Emission Inspection, to provide an inspection schedule for motor
vehicles between five and 25 years old. Vehicles less than five years
old and more than twenty-five years are exempt beginning January 1,
2000. See section IV below.
J. Are There Controls on Stationary Sources of CO as Required by
Section 172(c)(5) of the Act?
Yes. Section 172(c)(5) of the Act requires states with
nonattainment areas to include in their SIPs a permit program for the
construction and operation of new or modified major stationary sources
in nonattainment areas. In a separate, prior action, we approved the
new source review permit program for Washington. (See 60 FR 28726, June
2, 1995.)
K. Has Spokane Implemented an Oxygenated Fuel Program as Described in
Section 187(b)(3) of the Act?
Yes. In a separate, prior action, we approved the oxygenated
gasoline program for Spokane (59 FR 2994, January 20, 1994). However,
in the 1995 attainment year, the 8-hour CO standard was exceeded four
times at the monitor located at the intersection of Third & Washington.
An April 24, 1996, letter from EPA Region 10 informed Ecology that
Spokane had not met the CO standard. As a result of EPA's letter,
SCAPCA implemented the contingency measure specified in the moderate
attainment plan. The measure requires the maximum allowable oxygenate
in wintertime gasoline beginning with the 1996-1997 CO season. This
requirement raised the amount of ethanol, the oxygenate normally used
in Spokane, to 3.5 percent by weight.
IV. EPA's Evaluation of the Washington Inspection and Maintenance (I/M)
Program Revision
A. What Is Being Revised in the Washington I/M Program?
On September 26, 2001, Washington Department of Ecology submitted a
revision to the State Implementation Plan (SIP) for the state of
Washington. The revision is to two sections of 173-422 WAC, Motor
Vehicle Emission Inspection, to provide an inspection schedule for
motor vehicles between five and 25 years old. Vehicles less than five
years old and more than twenty-five years old are exempt. The testing
schedule and exemption provisions are changed accordingly. This rule
revision addresses when different model-year vehicles are required to
have an emission inspection.
B. Have All the Procedural Requirements for Approval of This Revision
Been Met?
The Act requires states to observe certain procedural requirements
in developing revisions for submission to EPA. Public noticing for a
public meeting held on August 28, 2001, occurred through advertisements
in the Spokesman Review and the Washington State Register. The SIP
submittal notes that during the public meeting no public testimony was
offered. Following the required public participation, the State adopted
the I/M revision on September 26, 2001. The State submittal has met the
public notice requirements for SIP submissions in accordance with 40
CFR 51.102.
C. How Does This Revision to the Washington I/M Program Affect the
Attainment Demonstration for the Spokane CO Serious Nonattainment Area?
Ecology and SRTC evaluated the impact of the modified new car
exemption on the attainment demonstration. The result was an
[[Page 11184]]
estimated CO concentration of 8.93 ppm at the intersection with the
highest modeled concentration (Third & Washington). Since the estimated
CO concentration remained below the CO standard, the dispersion
modeling continues to demonstrate attainment. We are proposing approval
of the revision in this Federal Register.
V. Kaiser Aluminum and Chemical Corporation, Administrative Orders
In order to analyze Kaiser Aluminum and Chemical Corporation, Mead
Works' contribution to the elevated CO level described in Section III
D, Ecology used screening and refined modeling techniques for point
source analysis (40 CFR 51 Appendix W, 6.2.d.). Results of this
analysis indicated a maximum total 8-hour modeled concentration of 8.6
ppm on the hilltop to the southeast of the Kaiser smelter (CO standard
is 9 ppm). Therefore, Kaiser, through enforceable Administrative Order
No. DE 01AQIS-3285 dated October 24, 2001, was only required to verify
that CO exceedances were not occurring on the hilltop. In December
2000, Kaiser fully curtailed its primary aluminum production operations
at Mead Works. Due to the full curtailment of the facility, Ecology
approved a nearby existing ambient air monitoring location as being
satisfactory for gathering background ambient CO concentration levels.
On April 9, 2003, Ecology approved Administrative Order No. DE 01AQIS-
3285, Amendment #1 allowing Kaiser the option to terminate the
collection of data during curtailment once 2 years of background data
was collected. The Order requires Kaiser Mead Works to resume
monitoring and reporting of ambient CO concentrations at a site
approved by Ecology if and when primary aluminum production is resumed
at the site. In this action, EPA is proposing approval of Kaiser Mead
Works Administrative Order No. DE 01AQIS-3285 and Administrative Order
No. DE 01AQIS-3285, Amendment #1.
VI. Summary of EPA's Proposal
We are proposing to approve the following elements of the Spokane
CO Attainment Plan, submitted on September 20, 2001 and November 22, 2004:
A. Procedural requirements, under section 110(a)(2) of the Act;
B. Base year emission inventory, under sections 172(c)(3) and
187(a)(1) and periodic inventories under 187(a)(5) of the Act;
C. Attainment demonstration, under section 187(a)(7) of the Act;
D. The TCM program under 187(b)(2), 182(d)(1) and 108(f)(1)(A) of
the Act;
E. VMT forecasts under section 187(a)(2)(A) of the Act;
F. Contingency measures under section 187(a)(3) of the Act;
G. The conformity budget under section 176(c)(2)(A) of the Act and
Sec. 93.118 of the transportation conformity rule (40 CFR part 93,
subpart A).
H. Administrative Order No. DE 01AQIS-3285 and Order No. DE 01AQIS-
3285, Amendment #1 relating to Kaiser Aluminum and Chemical
Corporation, Mead Works.
We are also proposing to approve a SIP revision submitted on
September 26, 2001, to two sections of 173-422 WAC Motor Vehicle
Emission Inspection, to provide an inspection schedule for motor
vehicles between 5 and 25 years old.
VII. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under State law and does not impose any
additional enforceable duty beyond that required by State law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Public Law 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (59 FR 22951, November 9, 2000). This action also does not
have federalism implications because it does not have substantial
direct effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a State rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental regulations, Reporting and recordkeeping requirements.
Dated: March 1, 2005.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
[FR Doc. 05-4470 Filed 3-7-05; 8:45 am]
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