[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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