[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.

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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

[[Page 50441]]

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.                                                                                                                                   
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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\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