49442 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations

approval for the Clean Air Act program

under which they are implemented may

be withdrawn, or other appropriate

action may be taken, as necessary.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Sulfur dioxide.

Dated: September 9, 1997.

David A. Ullrich,

Acting Regional Administrator.

For the reasons stated in the

preamble, part 52, chapter I, title 40 of

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 KK—Ohio

2. Section 52.1870 is amended as

follows by adding paragraph (c)(115) to

read as follows:

§ 52.1870 Identification of plan.

* * * * *

(c) * * *

(115) On January 3, 1997, the Ohio

EPA submitted a revision to the

Hamilton County sulfur dioxide

implementation plan for the Procter and

Gamble Company, Ohio Administrative

Code 3745–18–37(GG)(2), which limits

combined average operating rate of all

boilers (B001, B008, B021, and B022) to

a maximum of 922 million BTU per

hour for any calendar day. Boilers B001

and B008 are each allowed to emit 1.1

pounds of sulfur dioxide per million

BTU actual heat input. Boiler B021 is

limited to 1.50 pounds of sulfur dioxide

per million BTU; and boiler B022 is

limited to 2.0 pounds of sulfur dioxide

per million BTU average heat input.

(I) Incorporation by reference.

(A) Ohio Administrative Code (OAC)

Rule 3745–18–37(GG)(2), Hamilton

County emission limits, dated December

17, 1996, for Procter and Gamble

Company.

(B) Director’s Findings and Orders in

the matter of the adoption of amended

Rule 3745–18–37 of the Ohio

Administrative Code, dated December

17, 1996.

(ii) Additional Materials.

(A) Letter from Ohio EPA Director

Donald R. Schregardus to Regional

Administrator Valdas Adamkus, dated

January 3, 1997.

(B) Letter from Ohio EPA Air

Pollution Control Division Chief, Robert

Hodanbosi to EPA dated August 11,

1997.

[FR Doc. 97–25105 Filed 9–19–97; 8:45 am]

BILLING CODE 6560–50–P

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.

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
Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations 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
49444 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations

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 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 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:

§ 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]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5893–8]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the Union

Pacific Railroad Sludge Pit Site from the

National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA), Region 10, announces

the deletion of the Union Pacific

Railroad Sludge Pit site from the

National Priorities List (NPL). The NPL

constitutes Appendix B of 40 CFR part

300 which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental

Response, Compensation and Liability

Act (CERCLA) of 1980, as amended.

EPA and the State of Idaho Division of

Environmental Quality have determined

that no further cleanup under CERLCA

is appropriate and that the selected

remedy has been protective of human

health and the environment.

EFFECTIVE DATE: September 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Deborah J. Yamamoto, U.S.

Environmental Protection Agency, 1200

Sixth Avenue, Mailstop ECL–113,

Seattle, WA 98101, (206) 553–7216 or

1–800–424–4372.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: