Approval and Promulgation of State Implementation Plans: State of
Washington; Central Puget Sound Carbon Monoxide and Ozone Second 10-
Year Maintenance Plans
[Federal Register: August 5, 2004 (Volume 69, Number 150)]
[Rules and Regulations]
[Page 47365-47366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au04-12]
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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: robinson.connie@epa.gov.
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.
? Part 52, chapter I, title 40 of the Code of Federal Regulations are
amended as follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
? 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.
? 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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