Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 22285

States Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

A copy of this SIP revision is

available for inspection at the following

location: Office of Air and Radiation

(OAR) Docket and Information Center

(Air Docket 6102), room M1500, United

States Environmental Protection

Agency, 401 M Street S.W., Washington,

D.C. 20460, (202) 260–7548.

FOR FURTHER INFORMATION CONTACT:

Michael G. Leslie, Regulation

Development Section (AT–18J), Air

Toxics and Radiation Branch, Air and

Radiation Division, United States

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, Telephone

Number (312) 353–6680.

SUPPLEMENTARY INFORMATION:

I. Background Information

Section 182(d)(1)(A) of the Act

requires States that contain severe ozone

nonattainment areas to adopt

transportation control measures and

transportation control strategies to offset

growth in emissions from growth in

VMT or number of vehicle trips and to

attain reductions in motor vehicle

emissions (in combination with other

measures) as needed to comply with the

Act’s RFP milestones and attainment

requirements. The requirements for

establishing a VMT Offset program are

set forth in 182(d)(1)(A) and discussed

in the General Preamble to Title I of the

Act (57 FR 13498 April 16, 1992).

As described in the proposal, section

182(d)(1)(A) sets forth three elements

that must be met by a VMT Offset SIP.

Under USEPA’s alternative

interpretation, the three required

elements of section 182(d)(1)(A) are

separable, and can be divided into three

separate submissions that could be

submitted on different dates. Section

179(a) of the Act, in establishing how

USEPA would be required to apply

mandatory sanctions if a State fails to

submit a full SIP, also provides that the

sanctions clock starts if a State fails to

submit one or more SIP elements, as

determined by the Administrator. The

USEPA believes that this language

provides USEPA the authority to

determine that the different elements of

the SIP submissions are separable.

Moreover, given the continued timing

problems addressed above, USEPA

believes it is appropriate to allow States

to separate the VMT Offset SIP into

three elements, each to be submitted at

different times: (1) The initial

requirement to submit TCMs that offset

growth in emissions; (2) the requirement

to comply with the 15 percent periodic

reduction requirement of the Act; and

(3) the requirement to comply with the

post-1996 periodic reduction and

attainment requirements of the Act.

II. Final Rulemaking Action

In this action, USEPA is approving

the first element of the VMT offset SIP

revision submitted by the State of

Wisconsin. As noted in the January 10,

1995, proposal, the USEPA will not take

final action on the second element until

the State has submitted a complete 15

percent ROP plan. The third element of

the Wisconsin VMT offset SIP will also

be the subject of a future rulemaking.

This action has been classified as a

Table 3 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 Office of

Management and Budget (OMB) has

exempted this regulatory action from

Executive Order 12866 review.

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 any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., USEPA 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, USEPA may

certify that the rule will not have a

significant economic 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.

The SIP approvals under section 110

and subchapter I, part D, of the 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, I

certify that it does not have a significant

impact on small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

Act, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The Act

forbids USEPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. USEPA, 427 U.S.

246, 256–66 (1976).

Under section 307(b)(1) of the 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)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Ozone.

Dated: April 20, 1995.

Valdas V. Adamkus,

Regional Administrator.

40 CFR part 52 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 YY—Wisconsin

2. Section 52.2585 is amended by

adding paragraph (g) to read as follows:

§ 52.2585 Control strategy: Ozone.

* * * * *

(g) Approval—On November 15, 1993,

the Wisconsin Department of Natural

Resources submitted a revision to the

ozone State Implementation Plan. The

submittal pertained to a plan for

forecasting VMT in the severe ozone

nonattainment area of southeastern

Wisconsin and demonstrated that

Transportation Control Measures would

not be necessary to offset growth in

emissions.

[FR Doc. 95–11046 Filed 5–4–95; 8:45 am]

BILLING CODE 6560–50–P

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.

SUMMARY: EPA is approving the State of

Washington’s contingency measure plan

as a revision to Washington’s State

Implementation Plan (SIP) for carbon
22286 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

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 singleoccupancy-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
Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 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:

§ 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]

BILLING CODE 6560–50–P

40 CFR Part 52

[MS–19–1–6758a; FRL–5195–1]

Mississippi: Revisions to Prevention of

Significant Deterioration of Air Quality

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the State Implementation Plan (SIP) to

include modifications of the state

prevention of significant deterioration

(PSD) of air quality regulation to update

the adoption by reference in Regulation

APC–S–5, of the amendments and

revisions to the Federal regulations

promulgated in 40 CFR 52.21 and

51.166 as of the date of adoption of this

revision. This plan revision provides for

inclusion of particulate matter

increment requirements measured as

PM10 (particulate matter with an

aerodynamic diameter less than or equal

to a nominal ten micrometers) and

incorporation of revisions to the

Guideline on Air Quality Models

(including Supplement B) as

promulgated by EPA in 40 CFR 51.166(l)

and 40 CFR part 51, appendix W. This

plan revision further provides for

inclusion of amendments and revisions

to definitions and any other sections of

40 CFR 52.21 and 51.166 as

promulgated by EPA. The revision and

associated regulation amendments were

adopted on December 9, 1993, by the

Mississippi Commission on

Environmental Quality and became state

effective on January 9, 1994.

DATES: This action will be effective July

5, 1995 unless adverse or critical

comments are received by June 5, 1995.

If the effective date is delayed, timely

notice will be published in the Federal

Register.