[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Rules and Regulations]
[Pages 47365-47366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17782]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. WA-04-001; FRL-7792-5]


Approval and Promulgation of State Implementation Plans: State of 
Washington; Central Puget Sound Carbon Monoxide and Ozone Second 10-
Year Maintenance Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, the EPA is approving the Central Puget Sound 
carbon monoxide (CO) and Ozone Second 10-Year Maintenance Plans. 
Specifically EPA is approving Washington's demonstration that the 
Central Puget Sound area will maintain air quality standards for CO and 
ozone through the year 2016; a revised CO motor vehicle emissions 
budget for transportation conformity purposes using the MOBILE6.2 
emissions model and latest growth and planning assumptions; updates and 
enhancements of state implementation plan (SIP) control measures and 
contingency measures; and identification of emissions associated with 
the Seattle Tacoma International Airport included in the area-wide 
emissions inventory through the maintenance period.

DATES: This final rule is effective on September 7, 2004.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. WA-04-001. Publicly available docket materials are available in 
hard copy at the EPA, Region 10, Office of Air, Waste and Toxics, 1200 
Sixth Avenue, Seattle, WA. This Docket facility is open from 8:30-4, 
Monday through Friday, excluding legal holidays. The Docket telephone 
number is (206) 553-4273.

FOR FURTHER INFORMATION CONTACT: Connie L. Robinson, Office of Air, 
Waste and Toxics (OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle, 
WA; telephone number: (206) 553-1086; fax number: (206) 553-0110; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. Information is organized 
as follows:

I. Background
II. Public Comments on the Proposed Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On June 1, 2004, EPA published in the Federal Register, a proposal 
to approve the Central Puget Sound CO and Ozone second 10-year 
maintenance plans. A detailed description of our action was published 
in the Federal Register on June 1, 2004. The reader is referred to the 
proposed rulemaking (69 FR 30847, June 1, 2004) for details.

II. Public Comments on the Proposed Action

    EPA provided a 30-day review and comment period and solicited 
comments on our proposal published in the June 1, 2004, Federal 
Register. No comments were received for the proposed rulemaking. EPA is 
now taking final action on the SIP revision consistent with the 
published proposal.

III. Final Action

    In this action, the EPA is approving the Central Puget Sound CO and 
Ozone Second 10-Year Maintenance Plans. Specifically EPA is approving 
Washington's demonstration that the Central Puget Sound area will 
maintain air quality standards for CO and ozone through the year 2016; 
a revised CO motor vehicle emissions budget for transportation 
conformity purposes using the MOBILE6.2 emissions model and latest 
growth and planning assumptions; updates and enhancements of state 
implementation plan (SIP) control measures and contingency measures; 
and identification of emissions associated with the Seattle Tacoma 
International Airport included in the area-wide emissions inventory 
through the maintenance period. A Technical Support Document on file at 
the EPA Region 10 office contains a detailed analysis and rationale in 
support of the Central Puget Sound CO and Ozone Second 10-Year 
Maintenance Plans.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a State rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the

[[Page 47366]]

absence of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the Clean Air Act. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 October 4, 2004. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: July 27, 2004.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations are 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart WW--Washington

0
2. Section 52.2470 is amended by adding paragraph (c)(83) to read as 
follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *
    (83) On December 17, 2003, the Washington Department of Ecology 
submitted carbon monoxide and ozone second 10-year maintenance plans. 
The State's maintenance plans, meet the requirements of the Clean Air 
Act.
    (i) Incorporation by reference.
    (A) Puget Sound Clean Air Agency, Regulation I, Section 8.06, 
Outdoor Burning Ozone Contingency Measure, as in effect December 19, 
2002.
    (B) Puget Sound Clean Air Agency, Regulation II, Section 2.09, 
Oxygenated Gasoline Carbon Monoxide Contingency Measures and Fee 
Schedule, as in effect December 19, 2002.
    (C) Puget Sound Clean Air Agency, Regulation II, Section 2.10, 
Gasoline Station Ozone Contingency Measure, as in effect December 19, 
2002.

0
3. Amend Sec.  52.2475 by adding paragraph (a)(3) to read as follows:


Sec.  52.2475  Approval of plans.

    (a) * * *
    (3) Central Puget Sound.
    (i) EPA approves as a revision to the Washington State 
Implementation Plan, the Central Puget Sound Carbon Monoxide and Ozone 
Second 10-Year Maintenance Plans submitted by the State on December 17, 
2003.
    (ii) [Reserved]
* * * * *

[FR Doc. 04-17782 Filed 8-4-04; 8:45 am]
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