[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Proposed Rules]
[Pages 29515-29518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14679]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[WA52-7125; FRL-5513-2]


Approval and Promulgation of Maintenance Plan and Designation of 
Areas for Air Quality Planning Purposes for Carbon Monoxide; State of 
Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing its 
intent to redesignate the Seattle-Tacoma-Everett nonattainment area to 
attainment for the carbon monoxide (CO) air quality standard and to 
approve a maintenance plan that will insure that the area remains in 
attainment. Under the Clean Air Act as amended in 1990 (CAA), 
designations can be revised if sufficient data is available to warrant 
such revisions. In this action, EPA is proposing to approve the 
Seattle-Tacoma-Everett redesignation as meeting the requirements set 
forth in the CAA.

DATES: Comments must be postmarked on or before July 11, 1996.

ADDRESSES: Written comments should be addressed to: Montel Livingston, 
SIP Manager, EPA, Office of Air Quality (OAQ-107), 1200 Sixth Avenue, 
Seattle, Washington 98101.
    Copies of the State's redesignation request and other information 
supporting this proposed action are available for public review during 
normal business hours at the addresses listed below: EPA, Alaska-
Washington Unit (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 
98101, and the Washington State Department of Ecology, Air Quality 
Program, P.O. Box 47600, Olympia, Washington 98504-7600.

FOR FURTHER INFORMATION CONTACT: Christi Lee, EPA Region 10 Washington 
Operation's Office, at (360) 753-9079.

SUPPLEMENTARY INFORMATION:

I. Background

    In a March 15, 1991, letter to the EPA Region 10 Administrator, the 
Governor of Washington recommended the Seattle-Tacoma-Everett area, 
including the western portions of King, Pierce, and Snohomish Counties, 
be designated as nonattainment for CO as required by section 
107(d)(1)(A) of the 1990 Clean Air Act Amendments (CAA) (Public Law 
101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). The area, 
which includes lands within the Puyallup Reservation, Tulalip 
Reservation and Muckleshoot Reservation, was designated nonattainment 
and classified as ``moderate'' under the provisions outlined in 
sections 186 and 187 of the CAA. (See 56 FR 56694 (Nov. 6, 1991), 
codified at 40 CFR part 81, Sec. 81.348.) Because the Seattle-Tacoma-
Everett area had a design value of 14.8 ppm (based on 1987 data), it 
was classified as ``moderate > 12.7 ppm'' (moderate plus).
    The CAA established an attainment date of December 31, 1995, for 
all moderate CO areas. The Seattle-Tacoma-Everett area has ambient 
monitoring data showing attainment of the CO National Ambient Air 
Quality Standards (NAAQS), since 1991. Therefore, in an effort to 
comply with the CAA and to ensure continued attainment of the NAAQS, on 
March 6, 1996, the Washington State Department of Ecology (WDOE) 
submitted a CO redesignation request and a maintenance plan for the 
Seattle-Tacoma-Everett nonattainment area. The WDOE submitted evidence 
that public hearings were held on October 26, 1995 in Seattle at the 
office of the Puget Sound Air Pollution Control Agency.
    On April 8, 1996, EPA Region 10 determined that the information 
received from the WDOE constituted a complete redesignation request 
under the general completeness criteria of 40 CFR part 51, appendix V, 
Secs. 2.1 and 2.2.

II. Evaluation Criteria

    Section 107(d)(3)(E) of the CAA lists specific requirements that an 
area must meet in order to be redesignated from nonattainment to 
attainment. They are:

1. The area must have attained the applicable NAAQS;
2. The area must have a fully approved SIP under section 110(k) of the 
CAA and the area must have met all relevant requirements under section 
110 and Part D of the CAA.
3. The air quality improvement must be permanent and enforceable;
4. The area must have a fully approved maintenance plan pursuant to 
section 175A of the CAA.

III. Review of State Submittal

    EPA proposes to find that the Washington redesignation request for 
the Seattle-Tacoma-Everett area meets the requirements of section 
107(d)(3)(E), noted above. EPA also proposes to find that information 
and requirements provided in the WDOE redesignation request and 
maintenance plan for the Seattle-Tacoma-Everett nonattainment area 
demonstrate that the 107(d)(3)(E) requirements have been met for the 
affected tribal lands which include portions of the Tulalip 
Reservation, the Puyallup Reservation and the Muckleshoot Reservation. 
The Agency has not determined whether it is bound to follow the formal 
requirements of section 107(d)(3)(E) when taking such redesignation 
actions for tribal lands. The action to redesignate to attainment these 
tribal lands is being proposed 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 
107(d)(3)(E) requirements are met. A Technical Support Document, on 
file at the EPA Region 10 office, contains a more detailed analysis of 
this redesignation proposal.

1. Attainment of the CO NAAQS

    To attain the CO NAAQS, an area must have complete quality-assured 
data showing no more than one exceedance of the standard per year over 
at least two consecutive years. The redesignation is based on air 
quality data that showed that the CO standard was not violated in 1993 
and 1994. These data were collected by WDOE in accordance with 40 CFR 
50.8, following EPA guidance on quality assurance and quality control 
and are in the EPA Aerometric Information and Retrieval System (AIRS). 
Since the Seattle-Tacoma-Everett area has complete quality-assured 
monitoring data showing attainment of the standard over two consecutive 
years (1993 and 1994), and has not violated the standard since that 
time, the area has met the first statutory criterion for attainment of 
the CO NAAQS. The WDOE has committed to continue monitoring in this 
area in accordance with 40 CFR part 58.

[[Page 29516]]

2. Fully Approved SIP That Meets Applicable Requirements of Section 110 
and Part D of the CAA

    Section 107(d)(3)(E)(ii) of the CAA states that EPA may not approve 
redesignation of a nonattainment area to attainment unless EPA has 
fully approved all of the SIP requirements that were due under the 1990 
CAA. The 1990 CAA required that nonattainment areas achieve specific 
new requirements depending on the severity of the nonattainment 
classification. As noted earlier, Seattle-Tacoma-Everett was classified 
as a moderate CO nonattainment area with a design value greater than 
12.7 ppm. Therefore, the 1990 CAA requirements for the Seattle-Tacoma-
Everett nonattainment area include the preparation of a 1990 emission 
inventory with periodic updates, adoption of an oxygenated fuels 
program, the development of contingency measures, adoption of an 
enhanced inspection and maintenance program, a forecast of vehicle 
miles traveled, development of conformity procedures, and the 
establishment of a permit program for new or modified major stationary 
sources.
    For the purposes of evaluating the request for redesignation to 
attainment, EPA has approved all but three elements of the WDOE CO SIP. 
Specifically, the three elements of the WDOE CO SIP that have not been 
fully approved by EPA are the 1990 base year emission inventory, the 
inspection and maintenance program and the attainment demonstration. 
EPA is reviewing the SIP revisions for each of these three 
requirements, which have been submitted by the WDOE. Final approval of 
the Seattle-Tacoma-Everett CO area redesignation request is contingent 
on final action by EPA to approve these three elements.
A. Conformity
    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. or 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 
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 Sec. 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 Sec. 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 a carbon monoxide 
redesignation request. (See 61 FR 2918, January 30, 1996). Under this 
policy, for the reasons just discussed, EPA believes that the CO 
redesignation request for the Seattle-Tacoma-Everett area may be 
approved notwithstanding the lack of submitted and approved state 
transportation and general conformity rules.
B. Periodic Emission Inventory
    Under Part D of the CAA a 1993 CO periodic emission inventory is 
required to be submitted to EPA for approval into the Washington SIP. 
Ecology submitted a 1993 emission inventory as an element of the 
maintenance plan for purposes of meeting the attainment emission 
inventory requirement of section 175A. EPA is accepting and proposing 
to approve the 1993 emission inventory as satisfying both the Part D 
and section 175A requirements.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

    EPA approved the WDOE's CO SIP under the 1990 CAA. Emission 
reductions achieved through the implementation of control measures 
contained in that SIP are enforceable. These measures were: an enhanced 
inspection and maintenance program, the Federal Motor Vehicle Control 
Program, and an oxygenated fuels program. As discussed above, the 
Seattle-Tacoma-Everett area initially attained the NAAQS in 1991 (prior 
to implementation of the oxygenated fuels program) with monitored 
attainment through the 1995-1996 CO season. This indicates that the 
improvements are due to the permanent and enforceable measures 
contained in the 1990 CO SIP and did not rely on the oxygenated fuels 
program.
    The WDOE has demonstrated that actual enforceable emission 
reductions are responsible for the air quality improvement and that the 
CO emissions in the base year are not artificially low due to local 
economic downturn or unusual or extreme occurrences in the weather 
patterns. EPA finds that the combination of certain existing EPA-
approved SIP and federal measures contribute to the permanence and 
enforceability of reduction in ambient

[[Page 29517]]

CO levels that have allowed the area to attain the NAAQS.

4. Fully Approved Maintenance Plan Under Section 175A

    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 proposing to approve the WDOE's maintenance plan 
for the Seattle-Tacoma-Everett area because EPA finds that it meets the 
requirements of section 175A.
A. Attainment Emission Inventory
    The WDOE submitted comprehensive inventories of CO emissions from 
point, area, stationary and mobile sources using 1993 as the attainment 
year for calculations to demonstrate that the CO standard will be 
maintained in the Seattle-Tacoma-Everett area. Since air monitoring 
recorded attainment in 1993, 1993 is an acceptable year for the 
attainment inventory. The 1993 emission inventory summaries by source 
category are in Table 1 and detailed inventory data is contained in the 
docket maintained by EPA.
    Although the 1993 inventory can be considered representative of 
attainment conditions because the NAAQS was not violated during 1993, 
the WDOE established CO emissions for the attainment year, 1993, as 
well as five forecast years out to the year 2010 (1995, 1998, 2005, 
2007 and 2010) in their redesignation request. The future emission 
estimates are based on forecast assumptions about growth of the 
regional economy and vehicle miles traveled. The assumptions for the 
annual VMT growth rate and the annual employment growth rate were 
calculated using the State Highway Performance Monitor System, regional 
VMT data and the Central Puget Sound Regional Econometric Model 
respectively. Stationary and mobile source inventories were compiled 
following EPA guidance. Mobile source emission estimates were prepared 
following the approach recommended by EPA. The WDOE used the Highway 
Performance Monitor System and regional transportation system network 
data to estimate vehicle miles traveled and used the MOBILE 5.1 
emission model for CO emissions estimates.

  Table 1.--1993 CO Attainment Year Emissions Inventory for the Seattle-Tacoma-Everett Nonattainment Area (Tons 
                                                 per Winter Day)                                                
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                      Year                           Area       Nonroad       Mobile       Point        Total   
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1993...........................................          316          214         1497           61         2088
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       Seattle-Tacoma-Everett Nonattainment Area CO Emissions Inventory Projections (Tons per Winter Day)       
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                      Year                           Area       Nonroad       Mobile       Point        Total   
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1995...........................................          317          211         1290           61         1879
1998...........................................          317          221         1458           61         2057
2001...........................................          318          218         1317           61         1914
2005...........................................          319          198         1262           61         1840
2007...........................................          320          195         1259           61         1835
2010...........................................          321          198         1253           61         1833
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B. Demonstration of Maintenance: Projected Inventories
    Total CO emissions were projected from the 1993 attainment year out 
to 2010. These projected inventories were prepared in accordance with 
EPA guidance. The projections show that calculated CO emissions, 
assuming no oxygenated fuels program, are not expected to exceed the 
level of the 1993 attainment year inventory during this time period. 
The WDOE will discontinue implementation of the Oxygenated Fuel program 
in the Seattle-Tacoma-Everett Consolidated Metropolitan Statistical 
Area (CMSA) once approval of the CO maintenance plan becomes effective. 
Therefore, it is anticipated that the Seattle-Tacoma-Everett area will 
maintain the CO standard without the oxygenated fuels program, and this 
program would not need to be implemented following redesignation, 
except as a contingency measure.
C. Verification of Continued Attainment
    Verification of continued attainment of the CO NAAQS in the 
Seattle-Tacoma-Everett area depends, in part, on the State's efforts 
toward tracking indicators of continued attainment during the 
maintenance period. The WDOE has also committed to perform 
comprehensive reviews of the CO maintenance plan commencing in the year 
2000 and occurring again at four year intervals in 2004 and 2008. The 
plan elements to be reviewed at each of these times include VMT and 
socioeconomic forecasts; emission inventory projections and control 
strategy implementation effectiveness. The results of the plan review 
in 2008 will be used as the basis for developing a CO maintenance plan 
for the next maintenance planning period.
    In addition, the WDOE has committed to pursuing amendments to the 
maintenance plan if substantive changes are required as a result of the 
above reviews.
D. Contingency Plan
    Section 175A(d) of the CAA requires that all control measures 
contained in the SIP prior to redesignation be retained as contingency 
measures in the CO maintenance plan. Since the oxygenated fuels program 
was a control measure contained in the SIP prior to redesignation, the 
WDOE SIP retains oxygenated fuels as the contingency measure in the 
maintenance plan. The plan contains a triggering mechanism to determine 
when the contingency measure is needed. In the event of a future CO 
violation, implementation of the oxygenated fuels program will be 
triggered. This contingency measure would require all gasoline blended 
for

[[Page 29518]]

sale in the Puget Sound CO nonattainment area during the winter months 
to contain an average oxygenate content of at least 2.7 percent by 
weight. Program requirements would be identical to those incorporated 
into the current oxygenated gasoline program (Chapter 173-492, 
Washington Administrative Code, Motor Fuel Specifications for 
Oxygenated Gasoline, adopted October 6, 1992 and PSAPCA Regulation II, 
Section 2.09, Oxygenated Gasoline, adopted October 14, 1993).
    This contingency measure will be triggered in the event of a 
quality-assured violation of the NAAQS for CO at any one of the 
permanent monitoring sites in the nonattainment area. Thus, this 
triggering will occur when any one monitoring site records two 8-hour 
average CO concentrations that equal or exceed 9.5 ppm in a single 
calendar year.
    The oxygenated fuels program will be fully implemented no later 
than the next full winter season following the date when the trigger 
was activated. Implementation will continue throughout the balance of 
the CO maintenance period, or until such time that a reassessment of 
the ambient CO monitoring data establishes that the contingency measure 
is no longer necessary.
    As mentioned above, the WDOE has chosen to convert its oxygenated 
fuels requirement in the Seattle-Tacoma-Everett CMSA to a contingency 
measure in its maintenance plan upon redesignation. EPA is approving 
the WDOE's contingency measure for the Seattle-Tacoma-Everett area.
E. Subsequent Maintenance Plan Revisions
    In accordance with section 175A(b) of the CAA, the State has agreed 
to submit a revised maintenance SIP eight years after the area is 
redesignated to attainment. That revised SIP will provide for 
maintenance for an additional ten years.

Conclusion

    EPA proposes to approve the Seattle-Tacoma-Everett, Washington CO 
maintenance plan and request for redesignation to attainment because 
WDOE has demonstrated compliance with the requirements of section 
107(d)(3)(E) for redesignation.
    In addition, EPA, after notification of and consultation with the 
affected tribal governments, proposes to redesignate to attainment 
those areas in the Seattle-Tacoma-Everett CO nonattainment area that 
are located within the Tulalip Reservation, the Puyallup Reservation 
and the Muckleshoot Reservation. The Agency believes that the 
redesignation requirements are effectively satisfied here based on 
information provided by WDOE and requirements contained in the WDOE SIP 
and maintenance plan.
    EPA is soliciting public comments on this notice and on issues 
relevant to EPA's proposed action. Comments will be considered before 
taking final action. Interested parties may participate in the federal 
rule making procedure by submitting written comments to the person and 
address listed in the ADDRESSES section at the beginning of this 
notice.

IV. 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 final rule on small entities. 5 U.S.C. Secs. 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).
    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 proposed action promulgated 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 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result 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 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.
    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 2214-2224), 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.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations.

40 CFR Part 81

    Air pollution control, National parks, and Wilderness areas.

    Authority: 42 U.S.C 7401-7671q.

    Dated: May 22, 1996.
Jane S. Moore,
Acting Regional Administrator.
[FR Doc. 96-14679 Filed 6-10-96; 8:45 am]
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