[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Rules and Regulations]
[Pages 22285-22287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11048]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WA 32-1-6894a; FRL-5192-1]


Approval and Promulgation of State Implementation Plan: 
Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State of Washington's contingency measure 
plan as a revision to Washington's State Implementation Plan (SIP) for 
carbon [[Page 22286]] monoxide (CO). EPA's action is based upon a 
revision request which was submitted by the state to satisfy the 
requirement of the Clean Air Act Amendments for the Puget Sound Carbon 
Monoxide Nonattainment Area.

DATES: This final rule is effective on July 5, 1995 unless by June 
5,1995 someone submits adverse or critical comments. 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, Air & Radiation Branch (AT-082), EPA, Docket WA 32-1-6894, 
1200 Sixth Avenue, Seattle, Washington 98101.
    Documents which are incorporated by reference are available for 
public inspection at the Air and Radiation Docket and Information 
Center, Environmental Protection Agency, 401 M Street, SW., Washington, 
DC 20460. Copies of material submitted to EPA may be examined during 
normal business hours at the following locations: EPA, Region 10, Air & 
Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington 
98101, and the Washington State Department of Ecology, P.O. Box 47600, 
Olympia, Washington, 98504-7600.

FOR FURTHER INFORMATION CONTACT: Stephanie Cooper, Air & Radiation 
Branch (AT-082), EPA, Seattle, Washington 98101, (206) 553-6917.

SUPPLEMENTARY INFORMATION:

I. Background

    States containing CO nonattainment areas with design values of 12.7 
ppm or more were required to submit, among other things, contingency 
measures to satisfy the provisions under section 172(c)(9) and 
187(a)(3). These provisions require contingency measures to be 
implemented in the event that, among other things, an area fails to 
reach attainment by the applicable attainment date, December 31, 1995.
    Contingency measures must be implemented within 12 months after the 
finding of failure to attain the CO NAAQS. Once triggered they must 
take effect without further action by the state or EPA. Therefore, all 
contingency measures must be adopted and enforceable prior to submittal 
to EPA.
    The CAAA do not specify how many contingency measures are needed or 
the magnitude of emission reductions they must provide if an area fails 
to attain the CO NAAQS. The EPA believes that one appropriate choice of 
contingency measures would be to provide for the implementation of 
sufficient vehicle miles traveled (VMT) reductions or emissions 
reductions to counteract the effect of one year's growth in VMT while 
the state revises its SIP to incorporate all of the new requirements of 
a serious CO area.

II. This Action

    In this action, EPA is approving Washington's SIP revision 
submitted to EPA on December 6, 1994 for the Puget Sound Carbon 
Monoxide Nonattainment Area, because it meets the applicable 
requirements of the Act.
    The state of Washington held a public hearing on July 7, 1994, at 
the Department of Ecology's Northwest Regional Office in Bellevue, 
Washington, to entertain public comment on the CO contingency measure 
SIP revision. Ecology submitted the plan to EPA on December 6, 1994 as 
a proposed revision to the SIP.
    The SIP revision was reviewed by EPA to determine completeness 
shortly after its submittal, in accordance with the completeness 
criteria delineated at 40 CFR part 51, appendix V (1991), as amended by 
57 FR 42216 (August 26, 1991). The submittal was found to be complete 
on January 26, 1994 and a letter dated February 2, 1995 was forwarded 
to the Director indicating the completeness of the submittal.

A. Analysis of State Submission

    Washington's CO contingency plan for Puget Sound consists of a two-
tiered program relying upon separate trigger mechanisms. The first tier 
of the contingency measures is a public outreach and education program. 
The measure, if triggered, will provide information to the public about 
carbon monoxide problems and discourage individuals from using single-
occupancy-vehicle (SOV) transit modes and encourage reduced transit 
use, particularly during bad air quality episodes. The implementing 
agencies would include the State Departments of Ecology and 
Transportation, the Puget Sound Air Pollution Control Agency (PSAPCA), 
the Puget Sound Regional Council, cities, counties, and local transit 
agencies. Implementation of the public outreach and information 
contingency measure will be triggered if there is a violation of the 
NAAQS prior to the attainment date of December 31, 1995. The measure is 
estimated to cost $320,000 and to reduce emissions by .5 percent to 1 
percent (of estimated 1995 CO emissions). This contingency measure is 
similar to the contingency measure for vehicle miles travelled 
forecasts (VMT), but is funded through a different mechanism. If the 
contingency measures for both VMT and maintaining the NAAQS are 
activated simultaneously, the additional funds would be used to 
increase the number, variety, and frequency of direct outreach 
mechanisms such as press releases, busboard advertisements, etc.
    Tier two of the contingency measures consists of increasing the 
minimum required winter gasoline oxygenate content from the federally 
required 2.7 percent to 3.1 percent. If triggered, this contingency 
measure would be implemented by the Puget Sound Air Pollution Control 
Agency and the fuel industry. The measure would be triggered if the 
Puget Sound area fails to attain the NAAQS by the attainment date and 
EPA Region 10 provides notification for implementation of the measure. 
Once triggered, gasoline suppliers will be required to increase the 
oxygenate percentage beginning the following winter season. To ensure 
that oxygenated gasoline with a minimum content of 3.1 percent or 
higher is used for the entire subsequent winter season, PSAPCA will 
notify suppliers no later than March 1st. In the meantime, PSAPCA will 
issue a written advisory to encourage gasoline suppliers to aim for an 
average minimum oxygenate content of 3.1 percent or higher for the 
remainder of the winter season in which the measure is triggered. 
Increasing the minimum oxygenate percentage is estimated to reduce 
emissions 4.6 percent to 9.4 percent (from estimated 1995 CO 
emissions).
    The Washington State Department of Ecology chose a two-tiered 
contingency measure based on input received during the public review 
process. The rationale behind the separate triggers was to proactively 
implement the Tier 1 measure in the event that the region appeared to 
be ``at risk'' for failing to attain the federal standards, and the 
Tier 2 measure (which includes continuation of the Tier 1 measure) if 
the region subsequently failed to attain the federal standards.
    Both contingency measures have committed funding. The public 
outreach and information program will be funded by delaying unobligated 
transportation projects in the regional Transportation Improvement 
Program (TIP), and diverting funding to the contingency measure. 
Gasoline consumers and the fuel industry would bear the cost of 
implementing the wintertime oxygenated fuel measure.

III. Administrative Review

    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 [[Page 22287]] 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. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).
    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 July 5, 1995 unless, by June 5, 1995, 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 document that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on the separate 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 July 5, 1995.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments enacted on November 15, 1990. The EPA has determined 
that this action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The OMB has exempted this regulatory action from 
E.O. 12866 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 July 5, 1995. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Ozone, Volatile organic 
compounds.

    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: April 7, 1995.
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)(52) to read 
as follows:


Sec. 52.2470  Identification of plan.

* * * * *
    (c) * * *
    (52) On December 6, 1994, the Director of WDOE submitted to EPA a 
contingency measure SIP revision for the Puget Sound Carbon Monoxide 
Nonattainment Area to satisfy certain applicable requirements of the 
Act.
    (i) Incorporation by reference.
    (A) Letter dated November 30, 1994 from WDOE to EPA submitting the 
CO revision for the Puget Sound area and, ``A Plan for Attaining and 
Maintaining National Ambient Air Quality Standards for the Puget Sound 
Carbon Monoxide Nonattainment Area,'' replacement pages 10-1 through 
10-3, dated November 16, 1994, adopted November 29, 1994, and 
Attachment B of Addendum E, ``Contingency Measure Plan Element for the 
Central Puget Sound Region Carbon Monoxide State Implementation Plan--
Final Plan,'' pages 1-15, dated May 26, 1994, and adopted November 29, 
1994.

[FR Doc. 95-11048 Filed 5-4-95; 8:45 am]
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