[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
                                   -----------------------------------------------------------------------------
      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   
----------------------------------------------------------------------------------------------------------------
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