[Federal Register Volume 62, Number 183 (Monday, September 22, 1997)]
[Rules and Regulations]
[Pages 49442-49444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24420]


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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this action because they have been superseded by subsequent revisions 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

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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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