[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)] [Rules and Regulations] [Pages 23363-23365] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-11162] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [WA60-7135a; WA61-7136a; and WA63-7138a; FRL -5812-7] Approval and Promulgation of Implementation Plans: State of Washington AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) approves three revisions to the Washington State Implementation Plan (SIP). EPA is approving the December 3, 1996, revision consisting of an amendment of the State of Washington Department of Ecology (Washington) regulations addressing the use of oxygenated fuel in the Central Puget Sound carbon monoxide (CO) maintenance area in the Motor Fuel Specifications for Oxygenated Gasoline, Chapter 173-492 WAC (Docket # WA60-7135). EPA is also approving in this action that portion of a November 26, 1996, revision to the Washington State Implementation Plan consisting of an amendment of local air pollution control regulations submitted by Washington from the Puget Sound Air Pollution Control Agency (PSAPCA) which addresses motor fuel specifications for oxygenated gasoline in the Central Puget Sound CO maintenance area, PSAPCA Regulation II, Section 2.09 (Docket # WA61-7136). EPA is further approving in this action that portion of a December 11, 1996, revision to the Washington State Implementation Plan consisting of an amendment of local air pollution control regulations submitted by Washington from the Southwest Air Pollution Control Authority (SWAPCA) which addresses motor fuel specifications for oxygenated gasoline in the Vancouver, Washington CO maintenance area, SWAPCA 492 (Docket #WA63-7138). DATES: This action is effective on June 30, 1997 unless adverse or critical comments are received by May 30, 1997. 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. Documents which are incorporated by reference are available for public inspection at the Air and Radiation Docket and Information Center, Environmental Protection Agency, 401 M Street, SW, Washington, D.C. 20460. Copies of material submitted to EPA may be examined during normal business hours at the following locations: EPA, Region 10, Office of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington 98101; and Washington Department of Ecology, 300 Desmond Drive, Lacey, Washington 98504-8711. FOR FURTHER INFORMATION CONTACT: William M. Hedgebeth, Office of Air Quality (OAQ-107), EPA, Seattle, Washington 98101, (206) 553-7369. SUPPLEMENTARY INFORMATION: I. Background On October 21, 1996, EPA formally redesignated the Vancouver, Washington CO nonattainment area to attainment, and approved a maintenance plan which will ensure that the Vancouver area remains in attainment for CO. On October 11, 1996, EPA formally redesignated the Central Puget Sound CO nonattainment area to attainment, and approved a maintenance plan which will ensure that the Central Puget Sound area remains in attainment for CO. Each of the approved maintenance plans for the Vancouver and Central Puget Sound CO maintenance areas removes the requirement for oxygenated fuel during the CO season but incorporates the requirement for the use of oxygenated fuel as a contingency measure in the event of a violation of the CO national ambient air quality standard. The Clean [[Page 23364]] Air Act (CAA) does not require continued use of oxygenated fuel in these CO maintenance areas. Therefore, Washington has submitted three revisions to the Washington State Implementation Plan: an amendment to the Washington regulations removing the requirement for oxygenated fuel in the Vancouver and Central Puget Sound areas; an amendment to the PSAPCA regulations, removing the PSAPCA requirement for oxygenated fuel in the Central Puget Sound area; and an amendment to the SWAPCA regulations, removing the SWAPCA requirement for oxygenated fuel in the Vancouver area. A Technical Support Document providing further information in this action is available at the address listed above. II. Summary of Action EPA is approving the revision to the Washington State Implementation Plan consisting of an amendment to Washington regulation Chapter 173-492 WAC, Motor Fuel Specifications for Oxygenated Gasoline, removing the requirement for oxygenated fuel in the Vancouver and Central Puget Sound areas. EPA is also approving in this action that portion of a November 26, 1996, revision to the Washington State Implementation Plan consisting of an amendment to PSAPCA regulations (Regulation II) which removes the requirement for oxygenated fuel in the Central Puget Sound area. Those other portions of the November 26, 1996, SIP revision related to PSAPCA Regulations I and III will be acted upon in a separate EPA action. EPA is further approving in this action that portion of a December 11, 1996, revision to the Washington State Implementation Plan consisting of an amendment to SWAPCA regulations (SWAPCA 492) which removes the requirement for oxygenated fuel in the Vancouver area. Those other portions of the December 11, 1996, SIP revision related to amendments to SWAPCA regulations will be acted upon in a separate EPA action, except that EPA will take no action on the SIP revision related to amendments of SWAPCA 476, Standards for Asbestos Control, Demolition, and Renovation, because it is unassociated with criteria pollutants regulated under the SIP. 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 June 30, 1997 unless, by May 30, 1997, adverse or critical comments are received. If EPA receives such comments, this action will be withdrawn before the effective date by publishing a subsequent document 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. 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 June 30, 1997. 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. III. 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. v. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2). 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 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 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 June 30, 1997. [[Page 23365]] 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 in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations. Dated: April 3, 1997. Chuck Clarke, Regional Administrator. 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. Part 52, 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)(72) to read as follows: Sec. 52.2470 Identification of plan. * * * * * (c) * * * (72) On November 26, December 3, and December 11, 1996, the Director of the Washington State Department of Ecology (Washington) submitted to the Regional Administrator of EPA revisions to the State Implementation Plan consisting of amendments to Washington regulations which remove the requirement for oxygenated gasoline in the Vancouver and Central Puget Sound areas. (i) Incorporation by reference. (A) Chapter 173-492, Washington Administrative Code (WAC), Motor Fuel Specifications for Oxygenated Gasoline, adopted December 5, 1996; Southwest Air Pollution Control Authority (SWAPCA) 492, Oxygenated Fuels, effective November 21, 1996; and Puget Sound Air Pollution Control Agency, Regulation II, Section 2.09, Oxygenated Gasoline Contingency Measure and Fee Schedule, revised July 11, 1996. [FR Doc. 97-11162 Filed 4-29-97; 8:45 am] BILLING CODE 6560-50-P