[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]


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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.

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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