50438 Federal Register / Vol. 61, No. 188 / Thursday, September 26, 1996 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[WA51–7124a; FRL–5613–3]

Approval and Promulgation of

Implementation Plans and

Redesignation of Puget Sound,

Washington for Air Quality Planning

Purposes: Ozone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is announcing its

determination that the Puget Sound

(parts of King, Pierce, and Snohomish

Counties) Ozone Nonattainment area

has attained the public health-based

National Ambient Air Quality Standard

(NAAQS) for ozone (O3). This

determination is based upon three years

of complete, quality-assured, ambient

air monitoring data for the 1991 to 1993

ozone seasons that demonstrate that the

ozone NAAQS has been attained. The

EPA is also approving the redesignation

to attainment of the Puget Sound Area

and the associated maintenance plan.

DATES: This action will be effective

November 25, 1996 unless adverse or

critical comments are received by

October 28, 1996. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), EPA, 1200 Sixth Avenue, Seattle,

Washington 98101.

FOR FURTHER INFORMATION CONTACT:

Stephanie Cooper, Office of Air Quality,

EPA Region 10, 1200 6th Avenue,

Seattle, WA 98101, (206) 553–6917.

SUPPLEMENTARY INFORMATION:

I. Background

On November 15, 1990, the Clean Air

Act Amendments of 1990 (CAA) were

enacted. (Pub. L. 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q.)

Under section 107(d)(1) of the CAA, in

conjunction with the Governor of

Washington, EPA designated the Puget

Sound Area as nonattainment because

the area violated the ozone standard

during the period from 1989–1991. The

Puget Sound Area, which includes

lands within the Puyallup, Tulalip,

Muckleshoot, Stillaguamish, and

Nisqually Reservations, was classified

as ‘‘marginal’’ under section 181(a)(1) of

the CAA.

The Puget Sound Area has ambient

monitoring data that show no violations

of the ozone NAAQS during the period

from 1991 to the present. On January 28,

1993 the State of Washington submitted

a State Implementation Plan (SIP) for

compliance with the ozone NAAQS.

Public hearings were held respectively

in Vancouver, SeaTac, and Spokane on

November 9, 10, and 12, 1992. Also, the

State submitted an Ozone Maintenance

Plan and Redesignation Request on

March 4, 1996. A public hearing was

held in Seattle on October 26, 1995.

II. Review of the State Submittal

The Puget Sound redesignation

request for the nonattainment areas

meets the five requirements of section

107(d)(3)(E) of the CAA for

redesignation to attainment. EPA also

finds that information and requirements

provided in the WDOE redesignation

request and maintenance plan for the

Puget Sound nonattainment area

demonstrate that the 107(d)(3)(E) of the

CAA requirements have been met for

the affected tribal lands which include

portions of the Stillaguamish

Reservation, Nisqually Reservation,

Tulalip Reservation, Puyallup

Reservation and Muckleshoot

Reservation. The Agency has not

determined whether it is bound to

follow the formal requirements of

section 107(d)(3)(E) of the CAA when

taking such redesignation actions for

tribal lands. The action to redesignate

tribal lands to attainment is being taken

today without answering that question

because information submitted by

WDOE satisfies each required element

for redesignation.

The following is a brief description of

how each of the requirements of section

107(d)(3)(E) of the CAA is met. Because

the maintenance plan is a critical

element of the redesignation request,

EPA will discuss its evaluation of the

maintenance plan under its analysis of

the redesignation request.

A. The Area Must Have Attained the O3

NAAQS

The State of Washington’s

redesignation request is based on an

analysis of quality assured ambient air

quality monitoring data which is

relevant to the maintenance plan and to

the redesignation request. The most

recent ambient air quality monitoring

data for calendar year 1991 through

calendar year 1995 show an expected

exceedance rate of less than 1.0 per year

of the ozone NAAQS in the Puget Sound

area. Because the Puget Sound area has

complete quality-assured data showing

no violations of the standard over the

most recent consecutive three-calendaryear period, the area has met the first

statutory criterion of attainment of the

ozone NAAQS. There are four ambient

O3 monitoring stations in the Puget

Sound nonattainment area, and the

State of Washington has committed to

continue monitoring this area in

accordance with 40 CFR part 58.

B. The Area Has Met All Applicable

Requirements Under Section 110, and

Part D of the Act

1. Section 110 Requirements

Although section 110 was amended in

1990 (CAAA or the Act), the

Washington SIP approved by EPA for

the ozone marginal nonattainment areas

meets the requirements of amended

section 110(a)(2). A number of the

requirements did not change in

substance and, therefore, EPA believes

that the pre-amendment SIP met these

requirements.

2. Part D Requirements

Before the nonattainment areas may

be redesignated to attainment, they must

have fulfilled the applicable

requirements of part D of the CAA.

Under part D, an area’s classification

indicates the requirements to which it

will be subject. Subpart 1 of part D sets

forth the basic nonattainment

requirements applicable to all

nonattainment areas, classified as well

as non-classifiable. Subpart 2 of part D

establishes additional requirements for

O3 nonattainment areas classified under

table 1 of section 181(a).

(a). Subpart 1 of Part D. The State of

Washington currently has a fully

approved New Source Review (NSR)

program which was last revised and

approved June 2, 1995 (60 FR 28726).

Upon redesignation of the Puget Sound

area to attainment, the Prevention of

Significant Deterioration (PSD)

provisions contained in part C of title I

are applicable. EPA’s PSD regulations in

40 CFR 52.21 will apply to the Puget

Sound area.

Under section 176(c) of the CAA,

States were 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. of 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
Federal Register / Vol. 61, No. 188 / Thursday, September 26, 1996 / Rules and Regulations 50439

conformity regulations on November 30,

1993 (58 FR 63214). These conformity

rules require that the States adopt both

transportation and general conformity

provisions in the SIP for areas

designated nonattainment or subject to

a maintenance plan approved under

CAA section 175A. Pursuant to 40 CFR

§ 51.396 of the transportation

conformity rule, the WDOE 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 40 CFR 51.851 of the general

conformity rule, the WDOE 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. The WDOE

submitted its transportation conformity

SIP revision to EPA on December 1,

1995. This SIP has not been fully

approved by EPA. The WDOE 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

comply with the conformity provisions

of the Act continues to apply to areas

after redesignation to attainment.

Therefore, the State 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, the 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, EPA has modified its

national policy regarding the

interpretation of the provisions of

section 107(d)(3)(E) concerning the

applicable requirements for purposes of

reviewing an ozone redesignation

request. (See 61 FR 2918, January 30,

1996). Under this policy, for the reasons

just discussed, EPA believes that the

ozone redesignation request for the

Puget Sound area may be approved

notwithstanding the lack of submitted

and approved state transportation and

general conformity rules.

(b). Subpart 2 of Part D. The CAA was

amended on November 15, 1990, Public

Law 101–549, 104 Stat. 2399, codified at

42 U.S.C. 7401–7671q. EPA was

required to classify O3 nonattainment

areas according to the severity of their

problem. The Puget Sound area (parts of

King, Pierce, and Snohomish Counties)

was designated as marginal O3

nonattainment. Because this area is

marginal, the area must meet the

requirements of section 182(a) of the

CAA. EPA has analyzed the SIP and

determined that it is consistent with the

requirements of amended section 182.

Below is a summary of how the area has

met the requirements of these sections.

(i) Emissions Inventory. The CAA

required an inventory of all actual

emissions from all sources, as described

in section 172(c)(3) by November 15,

1992. As part of the redesignation

request submitted on March 4, 1996,

WDOE submitted a base year 1993

emission inventory for the Puget Sound

area. With this notice, EPA is approving

the base year inventory for the Puget

Sound area.

(ii) Reasonably Available Control

Technology (RACT). The CAA also

amended section 182(a)(2)(A), in which

Congress statutorily adopted the

requirement that O3 nonattainment

areas fix their deficient Reasonably

Available Control Technology (RACT)

rules for O3. Areas designated

nonattainment before amendment of the

CAA and which retained that

designation and were classified as

marginal or above as of enactment are

required to meet the RACT fix-up

requirement. The Puget Sound area was

designated nonattainment after 1990,

and therefore, this area is not subject to

the RACT fix-up requirement.

(iii) Emissions Statements. The CAA

required that the SIP be revised by

November 15, 1992, to require

stationary sources of oxides of nitrogen

(NOX) and VOCs to provide the state

with a statement showing actual

emissions each year. The WDOE

submitted an Emission Statement

program as part of its O3 SIP on January

28, 1993, and EPA approved the

program on November 14, 1994.

C. The Area Has a Fully Approved SIP

Under Section 110(k) of the CAA

EPA has determined that Washington

has a fully approvable O3 SIP under

section 110(k) for the ozone marginal

nonattainment areas, which also meets

the applicable requirements of section

110 and part D as discussed above.

D. The Air Quality Improvement Must

Be Permanent and Enforceable

Several control measures have been

put into place since the nonattainment

area violated the O3 NAAQS. One

control measure is the improvement in

tailpipe emissions associated with the

Federal Motor Vehicle Control Program

(FMVCP). This program reduces VOC

and NOx emissions as newer, cleaner

vehicles replace older, high emitting

vehicles. Additionally, in 1993 the state

expanded and intensified its vehicle

inspection and maintenance (I/M)

program. Implementation of this control

measure has led to additional

reductions in emissions. This I/M

program meets EPA’s low enhanced

performance standard.

In association with the emission

inventory discussed below, the State of

Washington has demonstrated that

actual enforceable emission reductions

are responsible for the recent air quality

improvement.

E. The Area Must Have a Fully

Approved Maintenance Plan Pursuant

to Section 175A of the CAA

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 approving

Washington’s maintenance plan for the

Puget Sound marginal nonattainment

area because EPA finds that the

submittal meets the requirements of

section 175A.
50440 Federal Register / Vol. 61, No. 188 / Thursday, September 26, 1996 / Rules and Regulations

1. Emissions Inventory—Base Year

Inventory

Along with the submittal of the

redesignation request and maintenance

plan, Washington submitted

comprehensive O3 emission inventories

for the base year and subsequent years

for the Puget Sound area on March 4,

1996. The inventories included

biogenic, area, stationary, and mobile

sources using 1993 as the base year for

calculations to demonstrate

maintenance. The 1993 inventory is

considered representative of attainment

conditions because the NAAQS was not

violated during that year.

The State of Washington submittal

contains the detailed inventory data and

summaries by county and source

category. This inventory was compiled

in accordance with EPA guidance. A

summary of the base year and projected

maintenance year inventories are shown

for VOCs and NOX in the following

tables.

2. Demonstration of Maintenance—

Projected Inventories

On March 4, 1996, the State of

Washington submitted the Central Puget

Sound Ozone Nonattainment Area

1993–2010 Emission Inventory

Projections. Total VOC, NOX, and CO

emissions were projected from the 1993

base year out to 2010. These projected

inventories were prepared in

accordance with EPA guidance. Refer to

EPA’s Technical Support Document

(TSD) (located in docket WA51–7124)

prepared for this notice for more details

regarding the projected inventory for the

Puget Sound area.

PUGET SOUND VOC EMISSION INVENTORY SUMMARY

[Tons per summer day]

1993

base

year

1995 1998 2001 2005 2007 2010

On-road ............................................................................................... 248.20 222.22 191.42 174.05 165.31 164.00 159.83

Non-road ............................................................................................. 136.00 136.00 143.80 142.10 133.10 131.10 131.60

Stationary Area ................................................................................... 148.63 118.68 121.47 124.18 128.46 131.20 134.32

Point .................................................................................................... 31.49 20.24 20.24 20.24 20.24 20.24 20.24

Biogenic ............................................................................................... 291.25 291.25 291.25 291.25 291.25 291.25 291.25

Totals ........................................................................................ 855.57 788.39 768.18 751.82 738.36 737.79 737.24

PUGET SOUND NOX EMISSION INVENTORY SUMMARY

[Tons per summer day]

1993

base

year

1995 1998 2001 2005 2007 2010

On-road ............................................................................................... 279.30 266.03 245.24 235.91 228.26 223.13 217.67

Non-road ............................................................................................. 79.90 80.80 87.50 88.90 91.00 93.10 97.60

Stationary Area ................................................................................... 19.26 19.55 18.41 17.61 17.62 17.75 17.85

Point .................................................................................................... 24.31 24.31 24.31 24.31 24.31 24.31 24.31

Totals ........................................................................................ 402.77 390.69 375.46 366.73 361.19 358.29 357.43

As indicated in the following table, an

emissions decrease in VOCs and NOX in

the Puget Sound nonattainment area is

projected throughout the maintenance

period. EPA believes that these

emissions projections demonstrate that

the Puget Sound nonattainment area

will continue to maintain the O3

NAAQS.

VOC AND NOX PROJECTED

EMISSIONS CHANGES (1993–2010)

[In percent]

VOCs NOX

Puget Sound ............. ¥13.80 ¥11.25

3. Verification of Continued Attainment

Continued attainment of the O3

NAAQS in the marginal nonattainment

areas depends, in part, on the State of

Washington’s efforts toward tracking

indicators of continued attainment

during the maintenance period. On an

annual basis the Department of Ecology

will analyze the most recent three

consecutive years of ambient ozone data

to verify continued attainment of the

NAAQS for ozone. Additionally, a First

Implementation Phase Report will be

published in 1998 to chronicle the

results of in-use vehicle emissions

projects and research activities related

to the Maintenance Plan.

4. Contingency Plan

The level of VOC and NOX emissions

in the nonattainment area will largely

determine its ability to stay in

compliance with the O3 NAAQS in the

future. Despite the State of

Washington’s best efforts to demonstrate

continued compliance with the NAAQS,

the ambient air pollutant concentrations

may exceed or violate the NAAQS.

Therefore, the State of Washington has

provided contingency measures with a

schedule for implementation in the

event of a future O3 air quality problem.

The plan contains two tiers of

contingency measures. The first tier

involves improving the existing motor

vehicle inspection and maintenance (I/

M) program (within the current

statutory authority of the Department of

Ecology) to reduce VOC vehicle

emissions. The I/M improvements will

be triggered if the ozone standard is

exceeded three times at any one

permanent monitoring site over two

consecutive calendar years, or in the

event of a quality assured ozone

standard violation. The measure will be

implemented no later than June 15th of

the year following the three exceedances

or the violation.

The second tier contingency measure

is a mandatory reduction in gasoline
Federal Register / Vol. 61, No. 188 / Thursday, September 26, 1996 / Rules and Regulations 50441

volatility, which will decrease the

emission of volatile organic compounds.

The measure would be triggered

pending a measured ozone violation. If

triggered, the measure would require all

gasoline made available for sale in King,

Pierce, and Snohomish Counties

between June 15 and September 15 to

have a Reid Vapor Pressure (RVP) of 7.8

psi. If both triggers and hence both

contingency measures are activated, the

Ozone Maintenance Plan will be

amended to include one or more new

contingency measures.

EPA finds that the contingency

measures provided in the State of

Washington’s submittal meet the

requirements of section 175A(d) of the

CAA.

5. Subsequent Maintenance Plans

Revisions

In accordance with section 175A(b) of

the CAA, the State of Washington is

required to submit a revised

maintenance SIP eight years after the

marginal nonattainment areas

redesignate to attainment. Such a

revised SIP will provide for an

additional ten years maintenance.

III. Final Action

EPA is approving the Puget Sound

nonattainment area’s O3 maintenance

plan because it meets the requirements

of section 175A of the CAA. The EPA

is redesignating the Puget Sound O3

nonattainment area to attainment for O3

because the State of Washington has

demonstrated compliance with the

requirements of section 107(d)(3)(E) of

the CAA for redesignation. In addition,

EPA, after consultation with the affected

tribal governments, is redesignating to

attainment those areas in the Puget

Sound ozone nonattainment area that

are located within the Tulalip

Reservation, the Stilliguamish

Reservation, the Puyallup Reservation,

the Nisqually Reservation, and the

Muckleshoot Reservation. The Agency

believes that the redesignation

requirements are effectively satisfied

here because of information provided by

WDOE and requirements contained in

the WDOE SIP and Maintenance Plan.

Additionally, EPA is approving the 1993

base year emission inventory for the

Puget Sound nonattainment area.

The O3 SIP is designed to satisfy the

requirements of part D of the CAA and

to provide for attainment and

maintenance of the O3 NAAQS. This

final redesignation should not be

interpreted as authorizing the State of

Washington to delete, alter, or rescind

any of the VOC or NOX emission

limitations and restrictions contained in

the approved O3 SIP. Changes to O3 SIP

VOC 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 nonimplementation (section 179(b) of the

CAA) and in a SIP deficiency call made

pursuant to section 110(a)(2)(H) of the

CAA.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective November 25,

1996 unless, by October 28, 1996,

adverse or critical comments are

received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent notice that will withdraw

the final action. All public comments

received will be addressed in a

subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective November 25, 1996.

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

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), 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.

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 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, I

certify 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 regulatory

flexibility analysis would constitute

federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. versus E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

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.

I certify that the approval of the

redesignation request will not affect a

substantial number of small entities.

C. Unfunded Mandates

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 costeffective 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 does not include a
50442 Federal Register / Vol. 61, No. 188 / Thursday, September 26, 1996 / Rules and Regulations

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 Federal 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 25,

1996. 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), 42 U.S.C. 7607(b)(2).

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Ozone, Volatile organic

compounds.

40 CFR Part 81

Air pollution control, National parks,

Wilderness areas.

Note: Incorporation by reference of the

Implementation Plan for the State of

Washington was approved by the Director of

the Office of Federal Register on July 1, 1982.

Dated: September 16, 1996.

Chuck Clarke,

Regional Administrator.

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)(66) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(66) On March 4, 1996 the Director of

WDOE submitted to the Regional

Administrator of EPA a revision to the

Ozone State Implementation Plan for

the Puget Sound area requesting the

Puget Sound Nonattainment Area be

reclassified to attainment and

containing a maintenance plan that

demonstrates continued attainment of

the NAAQS for ozone. The emission

inventory projections are included in

the maintenance plan.

(i) Incorporation by reference.

(A) Letter submitted on March 4, 1996

from the Washington State Department

of Ecology requesting the redesignation

and submitting the maintenance plan;

Central Puget Sound Region

Redesignation Request and Maintenance

Plan for the National Ambient Ozone

Standard adopted on Febuary 6, 1996.

(ii) Additional material.

(A) Appendices to the Central Puget

Sound Region Redesignation Request

and Maintenance Plan for the National

Ambient Ozone Standard, November

1995: Appendix A, Technical Analysis

Protocol; Appendix B, Ozone Air

Quality Monitoring Site Network;

Appendix C, Ambient Ozone

Monitoring Data; Appendix D,

Historical and Projected Puget Sound

Region VMT and Employment;

Appendix E, 1993–2010 Emission

Inventory Projection; Appendix F,

Transportation Conformity Process;

Appendix G, Outline of Puget Sound

Tropospheric Ozone Research Plan; and

Appendix H, Prospective Vehicle

Inspection and Maintenance (Vehicle I/

M) Program Evaluation Outline.

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In § 81.348, the table for

‘‘Washington-Ozone’’ is amended by

revising the entry for Seattle-Tacoma

Area to read as follows:

§ 81.348 Washington.

* * * * *

WASHINGTON—OZONE

Designated area

Designation Classification

Date 1 Type Date 1 Type

* * * * * * *

Seattle-Tacoma Area:
Federal Register / Vol. 61, No. 188 / Thursday, September 26, 1996 / Rules and Regulations 50443

WASHINGTON—OZONE—Continued

Designated area

Designation Classification

Date 1 Type Date 1 Type

The following boundary includes all of Pierce County, and all of

King County except a small portion on the north-east corner

and the western portion of Snohomish County: Starting at the

mouth of the Nisqually river extend northwesterly along the

Pierce County line to the southernmost point of the west couty

line of King County; thence northerly along the county line to

the southermost point of the west county ling of Snohomish

County; thence northerly along the county line to the intersection with SR 532; thence easterly along the north line of SR

532 to the intersection of I–5, continuing east along the same

road now identified as Henning Rd., to the intersection with

SR 9 at Bryant; thence continuing easterly on Bryant East Rd.

and Rock Creek Rd., also identified as Grandview Rd., approximately 3 miles to the point at which it is crossed by the

existing BPA electrical transmission line; thence southeasterly

along the BPA transmission line approximately 8 miles to point

of the crossing of the south fork of the Stillaguamish River;

thence continuing in a southeasterly direction in a meander

line following the bed of the River to Jordan Road; southerly

along Jordan Road to the north city limits of Granite Falls;

thence following the north and east city limits to 92nd St. N.E.

and Menzel Lake Rd.; thence south-southeasterly along the

Menzel Lake Rd. and the Lake Roesiger Rd. a distance of approximately 6 miles to the northernmost point of Lake

Roesiger; thence southerly along a meander line following the

middle of the Lake and Roesiger Creek to Woods Creek;

thence southerly along a meader line following the bed of the

Creek approximately 6 miles to the point the Creek is crossed

by the existing BPA electrical transmission line; thence easterly along the BPA transmission line approximately 0.2 miles;

thence southerly along the BPA Chief Joseph-Covington electrical transmission line approximately 3 miles to the north line

of SR 2; thence southeasterly along SR 2 to the intersection

with the east county line of King County; thence south along

the county line to the northernmost point of the east county

line of Pierce County; thence along the county line to the point

of beginning at the mouth of the Nisqually River.

[Insert date 60

days from

date of publication]

Attainment

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

[FR Doc. 96–24529 Filed 9–25–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5614–7]

National Oil and Hazardous Substance

Contingency Plan; National Priorities

List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the

McChord AFB (Wash Rack/Treatment)

site located in Pierce County, Tacoma,

Washington, from the National Priorities

List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the McChord AFB (Wash Rack/

Treatment) site, located in Pierce

County, Tacoma, Washington, from the

National Priorities List. The NPL is

Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Contingency Plan (NCP)

which EPA promulgated pursuant to

Section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

as amended (CERCLA). EPA and the

State of Washington have determined

that no further cleanup under CERCLA

is appropriate and that the selected

remedy has been protective of public

health, welfare and the environment.

EFFECTIVE DATE: September 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Kathleen Stryker, Site Manager, U.S.

Environmental Protection Agency,

Region 10, 1200 6th Avenue, ECL–115,

Seattle, WA 98101, (206) 553–1171.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: McChord

AFB (Wash Rack/Treatment), Pierce

County, Tacoma, Washington.

A Notice of Intent to Delete for the

site was published July 22, 1996 (61 FR

37877). The closing date for comments

was August 21, 1996. McChord Air

Force base received three inquiries

regarding the delisting. Responses to

these inquiries are documented in a

responsiveness summary which is

available in the public information

repositories.

EPA identifies sites which appear to

present a significant risk to public

health, welfare and the environment

and it maintains the NPL as the list of

those sites. Any site deleted from the

NPL remains eligible for remedial

actions in the unlikely event that

conditions at the site warrant such

action. Deletion of a site from the NPL

does not affect responsible party

liability or impede Agency efforts to

recover costs associated with response

efforts.