[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Proposed Rules]
[Pages 39378-39383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19196]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[WA 53-7126; FRL-5543-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA invites public comment on its proposed approval of two
related State Implementation Plan (SIP) revisions submitted by the
Washington Department of Ecology (Washington). Washington has submitted
a SIP revision to redesignate the Vancouver, Washington, carbon
monoxide (CO) nonattainment area, which is located within the southern
portion of Clark County, Washington, from nonattainment to 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
[[Page 39379]]
proposing to approve the Washington request because it meets the
redesignation requirements set forth in the CAA. This action is being
proposed under section 110 of the CAA.
In addition, Washington has submitted for inclusion into its SIP
the 1990 base year emission inventory for CO emissions, which includes
emissions data for sources of CO in the Vancouver, Washington CO
nonattainment area. EPA is proposing to approve this SIP revision,
also, as part of this action.
DATES: Comments must be received in writing and postmarked on or before
August 28, 1996.
ADDRESSES: Written comments should be sent to Montel Livingston, SIP
Manager, Office of Air Quality, M/S OAQ-107, EPA Region 10, Docket # WA
53-7126, 1200 Sixth Avenue, Seattle, Washington 98101. Copies of the
redesignation request and Washington's submittal are available for
public review during normal business hours at the following locations:
EPA, Region 10, Office of Air Quality, M/S OAQ-107, 1200 Sixth Avenue,
Seattle, Washington 98101; Washington Department of Ecology, Attention
Tami Dahlgren, Olympia, Washington 98504-7600, telephone (360) 407-
6830; and the Southwest Air Pollution Control Authority, 1308 NE 134th
Street, Vancouver, Washington 98685.
FOR FURTHER INFORMATION CONTACT: William M. Hedgebeth of the EPA Region
10 Office of Air Quality at (206) 553-7369.
SUPPLEMENTARY INFORMATION:
I. Background
On March 15, 1991, the Governor of Washington recommended that the
Vancouver portion of the Portland-Vancouver Air Quality Maintenance
Area be designated as nonattainment for CO as required by section
107(d)(1)(A) of the 1990 Clean Air Act Amendments (CAAA) (Public Law
101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). The area
was designated nonattainment and classified as ``moderate'' with a
design value less than or equal to 12.7 ppm under the provisions
outlined in sections 186 and 187 of the CAA. (See 56 FR 56694 (November
6, 1991), codified at 40 CFR 81.348). On September 29, 1995, EPA
approved the separation of the Portland-Vancouver carbon monoxide
nonattainment area into two distinct nonattainment areas, effective
November 28, 1995. Because the Vancouver area had a design value of 10
ppm (based on 1988-1989 data), the area was considered moderate. The
CAA established an attainment date of December 31, 1995, for all
moderate CO areas. The Vancouver area has ambient monitoring data
showing attainment of the CO National Ambient Air Quality Standard
(NAAQS) since 1992. On March 19, 1996, Washington submitted a CO
redesignation request and a maintenance plan for the Vancouver area.
Washington submitted evidence that two public hearings were held in
Vancouver: one on December 19, 1995, by the Southwest Air Pollution
Control Authority (SWAPCA), and the other on January 30, 1996, by
Washington.
II. Evaluation Criteria
Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides
five specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment.
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;
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; and
5. The area must meet all applicable requirements under section 110
and Part D of the CAA.
III. Review of State Submittal
On April 1, 1996, EPA Region 10 determined that the information
received from Washington constituted a complete redesignation request
under the general completeness criteria of 40 CFR part 51, appendix V,
Secs. 2.1 and 2.2.
The Washington redesignation request for the Vancouver area meets
the five requirements of section 107(d)(3)(E), noted above. The
following is a brief description of how Washington has fulfilled each
of these requirements.
1. Attainment of the CO NAAQS
Quality-assured CO ambient air monitoring data shows that the
Vancouver area has met the CO NAAQS. The Washington request is based on
an analysis of quality-assured CO air monitoring data which is relevant
to the maintenance plan and to the redesignation request. 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 ambient air CO monitoring data for calendar year
1992 through calendar year 1995, relied upon by Washington in its
redesignation request, shows only one exceedance in 1994 of the CO
NAAQS in the Vancouver area. Because the area has complete quality
assured data showing no more than one exceedance of the standard per
year over at least two consecutive years, the area has met the first
statutory criterion of attainment of the CO NAAQS (40 CFR 50.8 and
appendix C). Washington has committed to continue monitoring in this
area in accordance with 40 CFR part 58.
2. Fully Approved SIP Under Section 110(k) of the CAA
With the exception of the 1990 Emission Inventory, which is
discussed and proposed for approval herein, and the vehicle inspection
and maintenance program, Washington's CO SIP is fully approved by EPA
as meeting all the requirements of section 110(a)(2)(I) of the Act,
including the requirements of Part D (relating to nonattainment), which
were due prior to the date of Washington's redesignation request.
Washington's CO SIP for Vancouver (Attainment Plan) was submitted on
January 22, 1993. No previous CO SIP for the Vancouver area had been
submitted. The 1990 CAAA required that nonattainment areas meet
specific new requirements depending on the severity of the
nonattainment classification. Requirements for the Vancouver area
included a vehicle inspection and maintenance program, the preparation
of a 1990 emission inventory with periodic updates, adoption of an
oxygenated fuels program, the development of contingency measures, and
development of conformity procedures. Each of these requirements added
by the 1990 Amendments to the CAA is discussed in greater detail below.
Final approval of this redesignation request is contingent upon final
action by EPA to approve the 1990 emission inventory and the vehicle
inspection and maintenance program originally submitted on January 22,
1993.
All moderate CO nonattainment areas with a design value of 12.7 ppm
or less were required to submit proposed Part D New Source Review (NSR)
programs no later than November 15, 1993, pursuant to sections 172(b),
172(c)(5), and 173 of the Act. Washington submitted amendments to the
SIP on April 11, 1994, which included SWAPCA's NSR requirements. The
NSR portion was approved by EPA on May 3, 1995. Washington submitted
its amended Part D NSR rules to EPA on March 8, 1994, as a SIP
revision. These rules were approved by EPA on June 2, 1995.
Washington's visibility NSR rules were approved by EPA on June 26,
1986, and remain in effect. Because the Vancouver area is being
redesignated to attainment by this action, Washington's
[[Page 39380]]
Prevention of Significant Deterioration (PSD) requirements will be
applicable to new or modified sources in the Vancouver area for CO. The
Washington PSD requirements incorporate by reference 40 CFR 52.21(b)
through (w), which are part of the SIP. See 40 CFR 52.2497(b).
A. Emission Inventory
Washington submitted its 1990 base year inventory to EPA on January
22, 1993, which included estimates for CO emissions for the Vancouver
portion of the Portland-Vancouver CO nonattainment area, as required
under Section 187(a)(1) of the CAA. EPA is proposing to approve the
Vancouver portion of the 1990 CO Base Year emission inventory with this
redesignation request.
Section 172(c)(3) of the CAA requires that nonattainment plan
provisions include a comprehensive, accurate, and current inventory of
actual emissions from all sources of relevant pollutants in the
nonattainment area. Washington included the requisite inventory in the
CO SIP. The base year for the inventory was 1990, using a three month
CO season of November 1990 through January 1991. Stationary point
sources, stationary area sources, on-road mobile sources, and nonroad
mobile sources of CO were included in the inventory. Stationary sources
with emissions of greater than 50 tons per year were also included in
the inventory.
The following list presents a summary of the CO peak season daily
emissions estimates in tons per winter day by source category: Point
Sources, 81.85 tons per day; Area Sources, 67.39 tons per day; Mobile
On-Road Sources, 223.38 tons per day; Mobile Nonroad Sources, 17.59
tons per day; Total Sources, 390.21 tons per day. Available guidance
for preparing emission inventories is provided in the General Preamble
(57 FR 13498, April 16, 1992).
Section 110(k) of the CAA sets out provisions governing the EPA's
review of base year emission inventory submittals in order to determine
approval or disapproval under section 187(a)(1). The EPA is proposing
to approve the Washington 1990 base year CO emissions inventory for the
Vancouver area submitted on January 22, 1993, based on the EPA's
technical review of the CO inventory. For further details, the reader
is referred to the Technical Support Document, which is available for
review at the addresses provided above.
B. Oxygenated Gasoline
Motor vehicles are significant contributors of CO emissions. An
important measure toward reducing these emissions is the use of
cleaner-burning oxygenated gasoline. Extra oxygen, contained within the
oxygenate in the fuel, enhances fuel combustion and helps to offset
fuel-rich operating conditions, particularly during vehicle starting,
which are more prevalent in the winter.
Section 211(m) of the CAA requires that for CO nonattainment areas
with a design value of 9.5 or greater parts per million based on data
for the 2-year period of 1988 and 1989, a SIP revision be submitted for
an oxygenated fuel program for the area. The oxygenated fuel
requirement must apply to all fuel refiners or marketers who sell or
dispense gasoline in the Metropolitan Statistical Area (MSA) or in the
Consolidated Metropolitan Statistical Area (CMSA) in which the
nonattainment area is located. The Vancouver area has a design value
above 9.5 parts per million based on 1988 and 1989 data and,
consequently, Washington was subject to the requirement to adopt an
oxygenated fuel program for the Vancouver area.
Washington submitted an oxygenated fuel SIP revision for the
Vancouver CO nonattainment area to EPA on November 16, 1992, having
implemented the program on November 1, 1992. EPA approved this SIP
revision on January 20, 1994. As noted in Washington's redesignation
request, Washington intends to relegate the oxygenated fuel program to
contingency status upon EPA's approval of its redesignation request.
The oxygenated gasoline program is one in which all oxygenated
gasoline must contain an average minimum oxygen content of 2.7 percent
by weight of oxygen. Under section 211(m)(4) of the CAA, EPA also
issued requirements for the labeling of gasoline pumps used to dispense
oxygenated gasoline, as well as guidelines on the establishment of an
appropriate control period. These labeling requirements and control
period guidelines may be found in the Federal Register, 57 FR 47849,
dated October 20, 1992. Washington's oxygenated gasoline regulation
requires the minimum 2.7 percent oxygen content in the Washington State
portion of the Portland-Vancouver CMSA (Clark County). The regulation
also contains the necessary labeling regulations, enforcement
procedures, and oxygenate test methods.
As mentioned above, Washington has chosen to convert its oxygenated
fuels requirement in the Washington State portion of the Portland-
Vancouver CMSA (Clark County) to a contingency measure in its
maintenance plan upon redesignation. In its demonstration of
maintenance, described below, Washington has shown that oxygenated
gasoline in the Washington State portion of the Portland-Vancouver CMSA
(Clark County) is not necessary for continued maintenance of the CO
NAAQS.
C. Conformity
Under section 176(c) of the CAA, states are 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 their SIPs for areas designated
nonattainment or subject to a maintenance plan approved under CAA
section 175A. Pursuant to Sec. 51.396 of the transportation conformity
rule, Washington 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 Sec. 51.851 of the general conformity rule, Washington 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. Washington submitted its
transportation conformity SIP revision to EPA on May 10, 1994, but it
has not yet been approved by EPA. Washington 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
[[Page 39381]]
comply with the conformity provisions of the Act continues to apply to
areas after redesignation to attainment. Therefore, Washington 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, EPA's 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, on April 1, 1996, EPA 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 (61 FR 2918, January 30, 1996).
Under this new policy, for the reasons just discussed, EPA believes
that the CO redesignation request for the Vancouver area may be
approved notwithstanding the lack of submitted and approved state
transportation and general conformity rules.
For transportation conformity purposes, the on-road emission totals
outlined in the chart below for each year will be designated as the
emissions budget for the Vancouver CO nonattainment/maintenance area.
This budget explicitly contains a surplus above the 2006 mobile source
emissions estimate to provide a ``safety margin'' to the mobile
emission budget of about one to ten percent, depending on the year;
including this ``safety margin'' still results in total emissions
remaining below the 1992 attainment level by three to five percent.
Vancouver CO Emission Budget
[Pounds per winter day]
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1992 1995 1997 2001 2003 2006
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Other sources..................... 318,823 318,259 327,317 344,693 350,365 359,089
Mobile budget..................... 328,606 300,000 300,000 270,000 270,000 260,000
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Total....................... 647,429 618,259 627,317 614,693 620,365 619,089
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D. Inspection and Maintenance
Section 187(a)(4) requires that the applicable CO implementation
plan include the vehicle inspection and maintenance (I/M) program
described in section 182(a)(2)(B). This requires that Washington
implement at least a basic inspection and maintenance program.
Washington submitted its I/M SIP on January 22, 1993, and submitted a
revised I/M SIP on August 24, 1995, to meet the requirements of EPA's
``low enhanced I/M'' as delineated in the rulemaking of September 18,
1995. Washington is applying low enhanced I/M to all nonattainment
areas, over and above the statutory requirements for basic I/M. EPA is
currently reviewing this SIP revision.
E. Contingency Measures
States containing CO nonattainment areas with design values of 12.7
ppm or less were required to submit, among other things, contingency
measures to satisfy the provisions under section 172(c)(9). These
provisions require contingency measures to be implemented in the event
that an area failed to reach attainment by the applicable attainment
date, December 31, 1995. The SIP revision for the contingency measures
portion of the Attainment Plan was submitted on November 10, 1993. This
was approved by EPA on October 31, 1994.
3. Improvement in Air Quality Due to Permanent and Enforceable Measures
Once this action and the vehicle inspection and maintenance program
are approved, EPA will have completed its approval of Washington's 1993
CO SIP (attainment plan). Emission reductions achieved through the
implementation of the primary control measures contained in that SIP
are enforceable. These measures are: a low-enhanced Inspection and
Maintenance Program and the Federal Motor Vehicle Control Program.
Also, the oxygenated fuel program, from its implementation in 1992
until its transfer to contingency status after redesignation, has been
and is fully enforceable. As discussed above, Vancouver area initially
attained the NAAQS in 1992 with monitored attainment through the 1994-
1995 CO season. This indicates that the improvements were due to the
permanent and enforceable measures contained in the 1993 CO SIP. An
analysis by SWAPCA using historical trends in Clark County's population
and employment data as indices of the overall level of economic
activity and growth in the area supports this conclusion.
Washington 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 a local
economic downturn. EPA finds that the combination of certain existing
EPA-approved SIP and federal measures contribute to the permanence and
enforceability of reduction in ambient 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 Washington's
maintenance plan for the Vancouver area because EPA finds that
[[Page 39382]]
Washington's submittal meets the requirements of section 175A.
A. Attainment Emission Inventory
On March 19, 1996, Washington submitted, as part of its
redesignation and maintenance plan approval request, a comprehensive
inventory of CO emissions for the Vancouver area. The inventory
includes emissions from area, stationary, and mobile sources using 1992
as the base year for calculations.
The Washington submittal contains the detailed inventory data and
summaries by source category. The comprehensive base year emissions
inventory was submitted in the National Emission Data System format.
This inventory was prepared in accordance with EPA guidance.
Although the 1992 inventory can be considered representative of
attainment conditions because the NAAQS was not violated during 1992,
Washington established CO emissions for the attainment year, 1992, as
well as forecast years out to the year 2006. These estimates were
derived from the State's 1992 emissions inventory. The future emission
estimates are based on assumptions about vehicle miles travelled and
economic growth. The economic growth assumptions are documented in
``BEA Regional Projections to 2040, Volume 2: Metropolitan Statistical
Areas,'' dated October 1990. The population, household, and VMT
(vehicle miles traveled) growth estimates are from the Southwest
Washington Regional Transportation Council.
1992 CO Base Year Emissions Inventory Vancouver Nonattainment Area
[Tons per day]
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Year Area Nonroad Mobile Point Total
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1992........................................... 76.43 15.14 164.30 67.84 323.71
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B. Demonstration of Maintenance: Projected Inventories
Total CO emissions were forecast from 1992 base year out to 2010,
although the Maintenance Plan projects maintenance through 2006. These
projected inventories were prepared in accordance with EPA guidance.
Washington will not implement the oxygenated fuel program in the
Washington State portion of the Portland-Vancouver CMSA (Clark County)
unless a violation is measured or if it is determined that
implementation of the program is the most appropriate response to an
exceedance. The projections show that calculated CO emissions, assuming
no oxygenated fuels program, are not expected to exceed the level of
the base year inventory during this time period. Therefore, it is
anticipated that the Vancouver area will maintain the CO standard
without the program, and the oxygenated fuel program would not need to
be implemented following redesignation, except as a contingency
measure.
Vancouver Nonattainment Area CO Emissions Inventory Summary
(Tons per day)
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Year Area Nonroad Mobile Point Total
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1992........................................... 76.43 15.14 164.30 67.84 323.71
1993........................................... 76.16 15.42 159.16 70.36 321.10
1995........................................... 70.60 16.67 129.43 71.86 288.56
2000........................................... 76.02 19.62 137.47 75.34 308.45
2005........................................... 79.85 21.52 124.76 76.76 302.89
2010........................................... 84.16 23.55 128.89 77.79 314.38
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C. Verification of Continued Attainment
Washington will document continued attainment of the CO NAAQS in
the Vancouver area, in part, by tracking indicators of continued
attainment during the maintenance period. Washington has also committed
to submit periodic inventories of CO emissions every three years.
D. Contingency Plan
The level of CO emissions in the Vancouver area will largely
determine the area's ability to stay in compliance with the CO NAAQS in
the future. Despite Washington's best efforts to demonstrate continued
compliance with the NAAQS, the ambient air pollutant concentrations may
exceed or violate the NAAQS. Section 175A(d) of the CAA requires that,
when violations of the NAAQS occur, Washington implement all measures
with respect to the control of CO which were contained in the SIP for
the area before redesignation of the area as an attainment area.
Therefore, Washington has provided contingency measures with a schedule
for implementation in the event of future exceedances or violations of
the CO NAAQS. The plan contains triggering mechanisms to determine when
contingency measures are needed.
Washington has developed a contingency plan which utilizes actual
validated CO monitoring results to trigger activation of the CO
contingency measures. A four-tiered level of escalating response and
contingencies is proposed for the Vancouver CO Contingency Plan as
follows.
An exceedance of the 8-hour standard at one monitoring site will
result in the analysis and identification of the exceedance. If the
cause is transportation related, SWAPCA will coordinate with the
Regional Transportation Council (RTC) to identify an appropriate
localized control measure to solve the problem; SWAPCA and the RTC will
coordinate to identify the appropriate transportation project. Examples
of localized control measures include, but are not limited to, SWAPCA's
requesting the acceleration of construction to open an interchange
sooner to alleviate heavy traffic at an intersection, traffic signal
synchronization changes, and/or the construction of additional turn
lanes.
An exceedance of the 8-hour standard at both monitoring sites shall
result in an evaluation of the reason for the condition with the
possibility of implementing the oxygenated fuel
[[Page 39383]]
program, if such action is determined to be a prudent response.
A violation (more than one exceedance within a one-year period)
shall trigger the implementation of the oxygenated fuel program (2.7%
oxygen), as soon as practical but no later than the following winter
season.
A second violation shall trigger the re-implementation of the New
Source Review requirements, LAER (lowest achievable emission rate), and
offsets for major new (and major modifications of existing) CO
industrial sources.
E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, Washington has
agreed to submit a revised maintenance SIP eight years after the area
is redesignated to attainment. Such revised SIP will provide for
maintenance for an additional ten years.
5. Meeting Applicable Requirements of Section 110 and Part D
In Section III.2. above, EPA sets forth the basis for its
conclusion that Washington has a fully approved SIP which meets the
applicable requirements of Section 110 and Part D of the CAA.
IV. This Action
EPA is proposing to approve the Vancouver area CO maintenance plan
because it meets the requirements set forth in section 175A of the CAA.
In addition, the Agency is proposing to approve the request to
redesignate the Vancouver CO area to attainment, because Washington has
demonstrated compliance with the requirements of section 107(d)(3)(E)
for redesignation. EPA is also proposing to approve Washington's 1990
base year CO emissions inventory.
V. Administrative Review
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.
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.
The CO SIP is designed to satisfy the requirements of part D of the
CAA and to provide for attainment and maintenance of the CO NAAQS. This
proposed redesignation should not be interpreted as authorizing or
proposing to authorize Washington to delete, alter, or rescind any of
the CO emission limitations and restrictions contained in the approved
CO SIP. Changes to CO SIP regulations rendering them less stringent
than those contained in the EPA approved plan cannot be made unless a
revised plan for attainment and maintenance is submitted to and
approved by EPA. Unauthorized relaxations, deletions, and changes could
result in both a finding of non-implementation (section 179(a) of the
CAA) and in a SIP deficiency call made pursuant to sections
110(a)(2)(H) and 110(k)(2) of the CAA.
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 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, it does not
have any economic impact on any small entities. Redesignation of an
area to attainment under section 107(d)(3)(E) of the CAA does not
impose any new requirements on small entities.
Redesignation is an action that affects the status of a
geographical area and does not impose any regulatory requirements on
sources. Accordingly, I certify that the approval of the redesignation
request will not have an impact on any small entities.
VI. Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 25,
1995, EPA must undertake various actions in association with proposed
or final rules that include a federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
state, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, Washington and any affected local or tribal governments have
elected to adopt the program provided for under section 175A and
section 187(a)(1) of the Clean Air Act. The rules and commitments
proposed for approval in this action may bind State, local, and tribal
governments to perform certain actions and also may ultimately lead to
the private sector being required to perform certain duties. To the
extent that any mandate is imposed upon the State, local, or tribal
governments either as the owner or operator of a source or as mandate
upon the private sector, EPA's proposed action will impose no new
requirements under State law; such sources are already subject to these
requirements under State law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, results
from this action. EPA has also determined that this final action does
not include a mandate that may result in estimated costs of $100
million or more to State, local, or tribal governments in the aggregate
or to the private sector.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Ozone.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Authority: 42 U.S.C. 7401-7671q.
Dated: July 15, 1996.
Chuck Clarke,
Regional Administrator.
[FR Doc. 96-19196 Filed 7-26-96; 8:45 am]
BILLING CODE 6560-50-P
