96-24529. Approval and Promulgation of Implementation Plans and Redesignation of Puget Sound, Washington for Air Quality Planning Purposes: Ozone  

  • [Federal Register Volume 61, Number 188 (Thursday, September 26, 1996)]
    [Rules and Regulations]
    [Pages 50438-50443]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-24529]
    
    
    
    [[Page 50438]]
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Parts 52 and 81
    
    [WA51-7124a; FRL-5613-3]
    
    
    Approval and Promulgation of Implementation Plans and 
    Redesignation of Puget Sound, Washington for Air Quality Planning 
    Purposes: Ozone
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The EPA is announcing its determination that the Puget Sound 
    (parts of King, Pierce, and Snohomish Counties) Ozone Nonattainment 
    area has attained the public health-based National Ambient Air Quality 
    Standard (NAAQS) for ozone (O3). This determination is based upon 
    three years of complete, quality-assured, ambient air monitoring data 
    for the 1991 to 1993 ozone seasons that demonstrate that the ozone 
    NAAQS has been attained. The EPA is also approving the redesignation to 
    attainment of the Puget Sound Area and the associated maintenance plan.
    
    DATES: This action will be effective November 25, 1996 unless adverse 
    or critical comments are received by October 28, 1996. 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, Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue, 
    Seattle, Washington 98101.
    
    FOR FURTHER INFORMATION CONTACT: Stephanie Cooper, Office of Air 
    Quality, EPA Region 10, 1200 6th Avenue, Seattle, WA 98101, (206) 553-
    6917.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA) 
    were enacted. (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
    7401-7671q.) Under section 107(d)(1) of the CAA, in conjunction with 
    the Governor of Washington, EPA designated the Puget Sound Area as 
    nonattainment because the area violated the ozone standard during the 
    period from 1989-1991. The Puget Sound Area, which includes lands 
    within the Puyallup, Tulalip, Muckleshoot, Stillaguamish, and Nisqually 
    Reservations, was classified as ``marginal'' under section 181(a)(1) of 
    the CAA.
        The Puget Sound Area has ambient monitoring data that show no 
    violations of the ozone NAAQS during the period from 1991 to the 
    present. On January 28, 1993 the State of Washington submitted a State 
    Implementation Plan (SIP) for compliance with the ozone NAAQS. Public 
    hearings were held respectively in Vancouver, SeaTac, and Spokane on 
    November 9, 10, and 12, 1992. Also, the State submitted an Ozone 
    Maintenance Plan and Redesignation Request on March 4, 1996. A public 
    hearing was held in Seattle on October 26, 1995.
    
    II. Review of the State Submittal
    
        The Puget Sound redesignation request for the nonattainment areas 
    meets the five requirements of section 107(d)(3)(E) of the CAA for 
    redesignation to attainment. EPA also finds that information and 
    requirements provided in the WDOE redesignation request and maintenance 
    plan for the Puget Sound nonattainment area demonstrate that the 
    107(d)(3)(E) of the CAA requirements have been met for the affected 
    tribal lands which include portions of the Stillaguamish Reservation, 
    Nisqually Reservation, Tulalip Reservation, Puyallup Reservation and 
    Muckleshoot Reservation. The Agency has not determined whether it is 
    bound to follow the formal requirements of section 107(d)(3)(E) of the 
    CAA when taking such redesignation actions for tribal lands. The action 
    to redesignate tribal lands to attainment is being taken 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 
    requirements of section 107(d)(3)(E) of the CAA is met. Because the 
    maintenance plan is a critical element of the redesignation request, 
    EPA will discuss its evaluation of the maintenance plan under its 
    analysis of the redesignation request.
    
    A. The Area Must Have Attained the O3 NAAQS
    
        The State of Washington's redesignation request is based on an 
    analysis of quality assured ambient air quality monitoring data which 
    is relevant to the maintenance plan and to the redesignation request. 
    The most recent ambient air quality monitoring data for calendar year 
    1991 through calendar year 1995 show an expected exceedance rate of 
    less than 1.0 per year of the ozone NAAQS in the Puget Sound area. 
    Because the Puget Sound area has complete quality-assured data showing 
    no violations of the standard over the most recent consecutive three-
    calendar-year period, the area has met the first statutory criterion of 
    attainment of the ozone NAAQS. There are four ambient O3 
    monitoring stations in the Puget Sound nonattainment area, and the 
    State of Washington has committed to continue monitoring this area in 
    accordance with 40 CFR part 58.
    
    B. The Area Has Met All Applicable Requirements Under Section 110, and 
    Part D of the Act
    
    1. Section 110 Requirements
        Although section 110 was amended in 1990 (CAAA or the Act), the 
    Washington SIP approved by EPA for the ozone marginal nonattainment 
    areas meets the requirements of amended section 110(a)(2). A number of 
    the requirements did not change in substance and, therefore, EPA 
    believes that the pre-amendment SIP met these requirements.
    2. Part D Requirements
        Before the nonattainment areas may be redesignated to attainment, 
    they must have fulfilled the applicable requirements of part D of the 
    CAA. Under part D, an area's classification indicates the requirements 
    to which it will be subject. Subpart 1 of part D sets forth the basic 
    nonattainment requirements applicable to all nonattainment areas, 
    classified as well as non-classifiable. Subpart 2 of part D establishes 
    additional requirements for O3 nonattainment areas classified 
    under table 1 of section 181(a).
        (a). Subpart 1 of Part D. The State of Washington currently has a 
    fully approved New Source Review (NSR) program which was last revised 
    and approved June 2, 1995 (60 FR 28726). Upon redesignation of the 
    Puget Sound area to attainment, the Prevention of Significant 
    Deterioration (PSD) provisions contained in part C of title I are 
    applicable. EPA's PSD regulations in 40 CFR 52.21 will apply to the 
    Puget Sound area.
        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. of 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
    
    [[Page 50439]]
    
    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 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 an ozone 
    redesignation request. (See 61 FR 2918, January 30, 1996). Under this 
    policy, for the reasons just discussed, EPA believes that the ozone 
    redesignation request for the Puget Sound area may be approved 
    notwithstanding the lack of submitted and approved state transportation 
    and general conformity rules.
        (b). Subpart 2 of Part D. The CAA was amended on November 15, 1990, 
    Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. 
    EPA was required to classify O3 nonattainment areas according to 
    the severity of their problem. The Puget Sound area (parts of King, 
    Pierce, and Snohomish Counties) was designated as marginal O3 
    nonattainment. Because this area is marginal, the area must meet the 
    requirements of section 182(a) of the CAA. EPA has analyzed the SIP and 
    determined that it is consistent with the requirements of amended 
    section 182. Below is a summary of how the area has met the 
    requirements of these sections.
        (i) Emissions Inventory. The CAA required an inventory of all 
    actual emissions from all sources, as described in section 172(c)(3) by 
    November 15, 1992. As part of the redesignation request submitted on 
    March 4, 1996, WDOE submitted a base year 1993 emission inventory for 
    the Puget Sound area. With this notice, EPA is approving the base year 
    inventory for the Puget Sound area.
        (ii) Reasonably Available Control Technology (RACT). The CAA also 
    amended section 182(a)(2)(A), in which Congress statutorily adopted the 
    requirement that O3 nonattainment areas fix their deficient 
    Reasonably Available Control Technology (RACT) rules for O3. Areas 
    designated nonattainment before amendment of the CAA and which retained 
    that designation and were classified as marginal or above as of 
    enactment are required to meet the RACT fix-up requirement. The Puget 
    Sound area was designated nonattainment after 1990, and therefore, this 
    area is not subject to the RACT fix-up requirement.
        (iii) Emissions Statements. The CAA required that the SIP be 
    revised by November 15, 1992, to require stationary sources of oxides 
    of nitrogen (NOX) and VOCs to provide the state with a statement 
    showing actual emissions each year. The WDOE submitted an Emission 
    Statement program as part of its O3 SIP on January 28, 1993, and 
    EPA approved the program on November 14, 1994.
    
    C. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA
    
        EPA has determined that Washington has a fully approvable O3 
    SIP under section 110(k) for the ozone marginal nonattainment areas, 
    which also meets the applicable requirements of section 110 and part D 
    as discussed above.
    
    D. The Air Quality Improvement Must Be Permanent and Enforceable
    
        Several control measures have been put into place since the 
    nonattainment area violated the O3 NAAQS. One control measure is 
    the improvement in tailpipe emissions associated with the Federal Motor 
    Vehicle Control Program (FMVCP). This program reduces VOC and NOx 
    emissions as newer, cleaner vehicles replace older, high emitting 
    vehicles. Additionally, in 1993 the state expanded and intensified its 
    vehicle inspection and maintenance (I/M) program. Implementation of 
    this control measure has led to additional reductions in emissions. 
    This I/M program meets EPA's low enhanced performance standard.
        In association with the emission inventory discussed below, the 
    State of Washington has demonstrated that actual enforceable emission 
    reductions are responsible for the recent air quality improvement.
    
    E. The Area Must Have a Fully Approved Maintenance Plan Pursuant to 
    Section 175A of the CAA
    
        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 approving Washington's maintenance plan for 
    the Puget Sound marginal nonattainment area because EPA finds that the 
    submittal meets the requirements of section 175A.
    
    [[Page 50440]]
    
    1. Emissions Inventory--Base Year Inventory
        Along with the submittal of the redesignation request and 
    maintenance plan, Washington submitted comprehensive O3 emission 
    inventories for the base year and subsequent years for the Puget Sound 
    area on March 4, 1996. The inventories included biogenic, area, 
    stationary, and mobile sources using 1993 as the base year for 
    calculations to demonstrate maintenance. The 1993 inventory is 
    considered representative of attainment conditions because the NAAQS 
    was not violated during that year.
        The State of Washington submittal contains the detailed inventory 
    data and summaries by county and source category. This inventory was 
    compiled in accordance with EPA guidance. A summary of the base year 
    and projected maintenance year inventories are shown for VOCs and 
    NOX in the following tables.
    2. Demonstration of Maintenance--Projected Inventories
        On March 4, 1996, the State of Washington submitted the Central 
    Puget Sound Ozone Nonattainment Area 1993-2010 Emission Inventory 
    Projections. Total VOC, NOX, and CO emissions were projected from 
    the 1993 base year out to 2010. These projected inventories were 
    prepared in accordance with EPA guidance. Refer to EPA's Technical 
    Support Document (TSD) (located in docket WA51-7124) prepared for this 
    notice for more details regarding the projected inventory for the Puget 
    Sound area.
    
                                       Puget Sound VOC Emission Inventory Summary                                   
                                                  [Tons per summer day]                                             
    ----------------------------------------------------------------------------------------------------------------
                                                  1993                                                              
                                                  base      1995      1998      2001      2005      2007      2010  
                                                  year                                                              
    ----------------------------------------------------------------------------------------------------------------
    On-road...................................    248.20    222.22    191.42    174.05    165.31    164.00    159.83
    Non-road..................................    136.00    136.00    143.80    142.10    133.10    131.10    131.60
    Stationary Area...........................    148.63    118.68    121.47    124.18    128.46    131.20    134.32
    Point.....................................     31.49     20.24     20.24     20.24     20.24     20.24     20.24
    Biogenic..................................    291.25    291.25    291.25    291.25    291.25    291.25    291.25
                                               ---------------------------------------------------------------------
          Totals..............................    855.57    788.39    768.18    751.82    738.36    737.79    737.24
    ----------------------------------------------------------------------------------------------------------------
    
    
                                       Puget Sound NOX Emission Inventory Summary                                   
                                                  [Tons per summer day]                                             
    ----------------------------------------------------------------------------------------------------------------
                                                  1993                                                              
                                                  base      1995      1998      2001      2005      2007      2010  
                                                  year                                                              
    ----------------------------------------------------------------------------------------------------------------
    On-road...................................    279.30    266.03    245.24    235.91    228.26    223.13    217.67
    Non-road..................................     79.90     80.80     87.50     88.90     91.00     93.10     97.60
    Stationary Area...........................     19.26     19.55     18.41     17.61     17.62     17.75     17.85
    Point.....................................     24.31     24.31     24.31     24.31     24.31     24.31     24.31
                                               ---------------------------------------------------------------------
          Totals..............................    402.77    390.69    375.46    366.73    361.19    358.29    357.43
    ----------------------------------------------------------------------------------------------------------------
    
        As indicated in the following table, an emissions decrease in VOCs 
    and NOX in the Puget Sound nonattainment area is projected 
    throughout the maintenance period. EPA believes that these emissions 
    projections demonstrate that the Puget Sound nonattainment area will 
    continue to maintain the O3 NAAQS.
    
               VOC and NOX Projected Emissions Changes (1993-2010)          
                                  [In percent]                              
    ------------------------------------------------------------------------
                                                           VOCs       NOX   
    ------------------------------------------------------------------------
    Puget Sound.......................................     -13.80     -11.25
    ------------------------------------------------------------------------
    
    3. Verification of Continued Attainment
        Continued attainment of the O3 NAAQS in the marginal 
    nonattainment areas depends, in part, on the State of Washington's 
    efforts toward tracking indicators of continued attainment during the 
    maintenance period. On an annual basis the Department of Ecology will 
    analyze the most recent three consecutive years of ambient ozone data 
    to verify continued attainment of the NAAQS for ozone. Additionally, a 
    First Implementation Phase Report will be published in 1998 to 
    chronicle the results of in-use vehicle emissions projects and research 
    activities related to the Maintenance Plan.
    4. Contingency Plan
        The level of VOC and NOX emissions in the nonattainment area 
    will largely determine its ability to stay in compliance with the 
    O3 NAAQS in the future. Despite the State of Washington's best 
    efforts to demonstrate continued compliance with the NAAQS, the ambient 
    air pollutant concentrations may exceed or violate the NAAQS. 
    Therefore, the State of Washington has provided contingency measures 
    with a schedule for implementation in the event of a future O3 air 
    quality problem. The plan contains two tiers of contingency measures. 
    The first tier involves improving the existing motor vehicle inspection 
    and maintenance (I/M) program (within the current statutory authority 
    of the Department of Ecology) to reduce VOC vehicle emissions. The I/M 
    improvements will be triggered if the ozone standard is exceeded three 
    times at any one permanent monitoring site over two consecutive 
    calendar years, or in the event of a quality assured ozone standard 
    violation. The measure will be implemented no later than June 15th of 
    the year following the three exceedances or the violation.
        The second tier contingency measure is a mandatory reduction in 
    gasoline
    
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    volatility, which will decrease the emission of volatile organic 
    compounds. The measure would be triggered pending a measured ozone 
    violation. If triggered, the measure would require all gasoline made 
    available for sale in King, Pierce, and Snohomish Counties between June 
    15 and September 15 to have a Reid Vapor Pressure (RVP) of 7.8 psi. If 
    both triggers and hence both contingency measures are activated, the 
    Ozone Maintenance Plan will be amended to include one or more new 
    contingency measures.
        EPA finds that the contingency measures provided in the State of 
    Washington's submittal meet the requirements of section 175A(d) of the 
    CAA.
    5. Subsequent Maintenance Plans Revisions
        In accordance with section 175A(b) of the CAA, the State of 
    Washington is required to submit a revised maintenance SIP eight years 
    after the marginal nonattainment areas redesignate to attainment. Such 
    a revised SIP will provide for an additional ten years maintenance.
    
    III. Final Action
    
        EPA is approving the Puget Sound nonattainment area's O3 
    maintenance plan because it meets the requirements of section 175A of 
    the CAA. The EPA is redesignating the Puget Sound O3 nonattainment 
    area to attainment for O3 because the State of Washington has 
    demonstrated compliance with the requirements of section 107(d)(3)(E) 
    of the CAA for redesignation. In addition, EPA, after consultation with 
    the affected tribal governments, is redesignating to attainment those 
    areas in the Puget Sound ozone nonattainment area that are located 
    within the Tulalip Reservation, the Stilliguamish Reservation, the 
    Puyallup Reservation, the Nisqually Reservation, and the Muckleshoot 
    Reservation. The Agency believes that the redesignation requirements 
    are effectively satisfied here because of information provided by WDOE 
    and requirements contained in the WDOE SIP and Maintenance Plan. 
    Additionally, EPA is approving the 1993 base year emission inventory 
    for the Puget Sound nonattainment area.
        The O3 SIP is designed to satisfy the requirements of part D 
    of the CAA and to provide for attainment and maintenance of the O3 
    NAAQS. This final redesignation should not be interpreted as 
    authorizing the State of Washington to delete, alter, or rescind any of 
    the VOC or NOX emission limitations and restrictions contained in 
    the approved O3 SIP. Changes to O3 SIP VOC 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(b) of the CAA) and in a SIP deficiency 
    call made pursuant to section 110(a)(2)(H) of the CAA.
        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 November 25, 1996 unless, by October 28, 1996, 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 notice that will 
    withdraw the final action. All public comments received will be 
    addressed in a subsequent final rule based on this action serving as a 
    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 November 25, 1996.
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any state implementation plan. Each request for revision to 
    the state implementation plan shall be considered separately in light 
    of specific technical, economic, and environmental factors and in 
    relation to relevant statutory and regulatory requirements.
    
    IV. Administrative Requirements
    
    A. Executive Order 12866
    
        This action has been classified as a Table 3 action for signature 
    by the Regional Administrator under the procedures published in the 
    Federal Register on January 19, 1989 (54 FR 2214-2225), 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.
    
    B. Regulatory Flexibility Act
    
        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, 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. versus E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
    U.S.C. 7410(a)(2).
        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. I 
    certify that the approval of the redesignation request will not affect 
    a substantial number of small entities.
    
    C. Unfunded Mandates
    
        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 approval action promulgated does not 
    include a
    
    [[Page 50442]]
    
    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.
    
    D. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
    containing this rule and other required information to the U.S. Senate, 
    the U.S. House of Representatives and the Comptroller General of the 
    General Accounting Office prior to publication of the rule in today's 
    Federal Register. This rule is not a ``major rule'' as defined by 5 
    U.S.C. 804(2).
    
    E. Petitions for Judicial 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 November 25, 1996. 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
    
    40 CFR Part 52
    
        Environmental protection, Air pollution control, Carbon monoxide, 
    Hydrocarbons, Incorporation by reference, Ozone, Volatile organic 
    compounds.
    
    40 CFR Part 81
    
        Air pollution control, National parks, Wilderness areas.
    
        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: September 16, 1996.
    Chuck Clarke,
    Regional Administrator.
    
        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)(66) to read 
    as follows:
    
    
    Sec. 52.2470  Identification of plan.
    
    * * * * *
        (c) * * *
        (66) On March 4, 1996 the Director of WDOE submitted to the 
    Regional Administrator of EPA a revision to the Ozone State 
    Implementation Plan for the Puget Sound area requesting the Puget Sound 
    Nonattainment Area be reclassified to attainment and containing a 
    maintenance plan that demonstrates continued attainment of the NAAQS 
    for ozone. The emission inventory projections are included in the 
    maintenance plan.
        (i) Incorporation by reference.
        (A) Letter submitted on March 4, 1996 from the Washington State 
    Department of Ecology requesting the redesignation and submitting the 
    maintenance plan; Central Puget Sound Region Redesignation Request and 
    Maintenance Plan for the National Ambient Ozone Standard adopted on 
    Febuary 6, 1996.
        (ii) Additional material.
        (A) Appendices to the Central Puget Sound Region Redesignation 
    Request and Maintenance Plan for the National Ambient Ozone Standard, 
    November 1995: Appendix A, Technical Analysis Protocol; Appendix B, 
    Ozone Air Quality Monitoring Site Network; Appendix C, Ambient Ozone 
    Monitoring Data; Appendix D, Historical and Projected Puget Sound 
    Region VMT and Employment; Appendix E, 1993-2010 Emission Inventory 
    Projection; Appendix F, Transportation Conformity Process; Appendix G, 
    Outline of Puget Sound Tropospheric Ozone Research Plan; and Appendix 
    H, Prospective Vehicle Inspection and Maintenance (Vehicle I/M) Program 
    Evaluation Outline.
    
    PART 81--[AMENDED]
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
        2. In Sec. 81.348, the table for ``Washington-Ozone'' is amended by 
    revising the entry for Seattle-Tacoma Area to read as follows:
    
    
    Sec. 81.348  Washington.
    
    * * * * *
    
                                                                        Washington--Ozone                                                                   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Designation                                             Classification                     
               Designated area           -------------------------------------------------------------------------------------------------------------------
                                                    Date \1\                       Type                       Date \1\                       Type           
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                        *                *                  *                  *                  *                  *                  *                   
    Seattle-Tacoma Area:                                                                                                                                    
    
    [[Page 50443]]
    
                                                                                                                                                            
        The following boundary includes   [Insert date 60 days from    Attainment                                                                           
         all of Pierce County, and all     date of publication]                                                                                             
         of King County except a small                                                                                                                      
         portion on the north-east                                                                                                                          
         corner and the western portion                                                                                                                     
         of Snohomish County: Starting                                                                                                                      
         at the mouth of the Nisqually                                                                                                                      
         river extend northwesterly                                                                                                                         
         along the Pierce County line to                                                                                                                    
         the southernmost point of the                                                                                                                      
         west couty line of King County;                                                                                                                    
         thence northerly along the                                                                                                                         
         county line to the southermost                                                                                                                     
         point of the west county ling                                                                                                                      
         of Snohomish County; thence                                                                                                                        
         northerly along the county line                                                                                                                    
         to the intersection with SR                                                                                                                        
         532; thence easterly along the                                                                                                                     
         north line of SR 532 to the                                                                                                                        
         intersection of I-5, continuing                                                                                                                    
         east along the same road now                                                                                                                       
         identified as Henning Rd., to                                                                                                                      
         the intersection with SR 9 at                                                                                                                      
         Bryant; thence continuing                                                                                                                          
         easterly on Bryant East Rd. and                                                                                                                    
         Rock Creek Rd., also identified                                                                                                                    
         as Grandview Rd., approximately                                                                                                                    
         3 miles to the point at which                                                                                                                      
         it is crossed by the existing                                                                                                                      
         BPA electrical transmission                                                                                                                        
         line; thence southeasterly                                                                                                                         
         along the BPA transmission line                                                                                                                    
         approximately 8 miles to point                                                                                                                     
         of the crossing of the south                                                                                                                       
         fork of the Stillaguamish                                                                                                                          
         River; thence continuing in a                                                                                                                      
         southeasterly direction in a                                                                                                                       
         meander line following the bed                                                                                                                     
         of the River to Jordan Road;                                                                                                                       
         southerly along Jordan Road to                                                                                                                     
         the north city limits of                                                                                                                           
         Granite Falls; thence following                                                                                                                    
         the north and east city limits                                                                                                                     
         to 92nd St. N.E. and Menzel                                                                                                                        
         Lake Rd.; thence south-                                                                                                                            
         southeasterly along the Menzel                                                                                                                     
         Lake Rd. and the Lake Roesiger                                                                                                                     
         Rd. a distance of approximately                                                                                                                    
         6 miles to the northernmost                                                                                                                        
         point of Lake Roesiger; thence                                                                                                                     
         southerly along a meander line                                                                                                                     
         following the middle of the                                                                                                                        
         Lake and Roesiger Creek to                                                                                                                         
         Woods Creek; thence southerly                                                                                                                      
         along a meader line following                                                                                                                      
         the bed of the Creek                                                                                                                               
         approximately 6 miles to the                                                                                                                       
         point the Creek is crossed by                                                                                                                      
         the existing BPA electrical                                                                                                                        
         transmission line; thence                                                                                                                          
         easterly along the BPA                                                                                                                             
         transmission line approximately                                                                                                                    
         0.2 miles; thence southerly                                                                                                                        
         along the BPA Chief Joseph-                                                                                                                        
         Covington electrical                                                                                                                               
         transmission line approximately                                                                                                                    
         3 miles to the north line of SR                                                                                                                    
         2; thence southeasterly along                                                                                                                      
         SR 2 to the intersection with                                                                                                                      
         the east county line of King                                                                                                                       
         County; thence south along the                                                                                                                     
         county line to the northernmost                                                                                                                    
         point of the east county line                                                                                                                      
         of Pierce County; thence along                                                                                                                     
         the county line to the point of                                                                                                                    
         beginning at the mouth of the                                                                                                                      
         Nisqually River.                                                                                                                                   
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ This date is November 15, 1990, unless otherwise noted.                                                                                             
    
    [FR Doc. 96-24529 Filed 9-25-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
11/25/1996
Published:
09/26/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
96-24529
Dates:
This action will be effective November 25, 1996 unless adverse or critical comments are received by October 28, 1996. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
50438-50443 (6 pages)
Docket Numbers:
WA51-7124a, FRL-5613-3
PDF File:
96-24529.pdf
CFR: (2)
40 CFR 52.2470
40 CFR 81.348