[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18996]


[[Page Unknown]]

[Federal Register: August 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[WA-19-1-6140a; FRL-5007-2]

 

Approval and Promulgation of Designation of Areas for Air Quality 
Planning Purposes; Washington

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves the 
redesignation of Tacoma, Washington, from unclassifiable to attainment 
for sulfur dioxide (SO2). On September 22, 1993, the State of 
Washington, through the Washington State Department of Ecology, 
submitted a request to redesignate Tacoma from unclassifiable to 
attainment for sulfur (SO2). The state has met the applicable 
requirements for redesignation contained in the Clean Air Act, as 
amended in 1990 (CAA).

EFFECTIVE DATE: This action will be effective on October 3, 1994 unless 
adverse or critical comments are received by September 6, 1994. 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, Air & Radiation Branch (AT-082), EPA, Docket WA-19-1-6140, 
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, Air & 
Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington 
98101, and Washington State Department of Ecology, 300 Desmond Drive, 
Lacey, Washington 98504.

FOR FURTHER INFORMATION CONTACT: Kelly McFadden, Air and Radiation 
Branch (AT-082), EPA, Seattle, Washington 98101, (206) 553-1059.

SUPPLEMENTARY INFORMATION:

I. Background

    Prior to the 1990 Clean Air Act Amendments the parabolic shaped 
area of Tacoma extending approximately 3\1/2\
miles SSW from the American Smelting and Refining Company (ASARCO) 
Plant was designated nonattainment for sulfur dioxide (SO2) in 
relation to the national ambient air quality standards (NAAQS). 43 FR 
9043 (March 3, 1978). The primary source of the pollutant in the Tacoma 
area was the ASARCO copper smelter, emitting an average of 100 tons of 
SO2 per year. On August 6, 1979, based on a stipulated agreement 
between EPA and ASARCO which was entered in the United States Court of 
Appeals for the Ninth Circuit (No. 78-1929), EPA proposed redesignation 
of Tacoma from nonattainment to unclassifiable for SO2 (44 FR 
45970). EPA revoked the nonattainment designation on November 30, 1979 
(44 FR 68834). The redesignation was intended to defer the requirement 
for a Part D (Plan Requirements for Nonattainment Areas) SIP revision. 
Part D of the CAA requires an applicable implementation plan within 18 
months of the designation to nonattainment. The redesignation to 
unclassifiable allowed EPA to complete rulemaking action under Section 
123 of the Act which would allow the use of meteorological curtailment 
programs to meet ambient air quality standards if the program was in 
place before 1970. The final rules interpreting Section 123 were 
published by EPA on April 2, 1986. Through that publication, EPA met 
the terms of the settlement agreement and was qualified to redesignate 
Tacoma under Section 107 of the Act.
    On September 22, 1993, the State of Washington, on behalf of the 
Governor, submitted to the EPA Regional Administrator a request to 
redesignate the Tacoma area from unclassifiable to attainment. The CAA 
does not set forth specific requirements for areas seeking 
redesignation from unclassifiable to attainment. However, the CAA 
provides that an attainment area is an area that meets the national 
ambient air quality standard (NAAQS) for a specific pollutant and does 
not contribute to poor air quality in a nearby area that does not meet 
the NAAQS for that pollutant. Therefore, at a minimum, an area needs to 
meet the NAAQS in order to be redesignated from unclassifiable to 
attainment.
    Ambient air quality monitoring from 1980 through 1993 shows 
attainment of the SO2 NAAQS in the Tacoma area. The National Air 
Monitor System (NAMS) and State/Local Air Monitor System (SLAM) 
monitoring locations changed throughout the 11 years. The NAMS 
locations include 54th Ave NE, Alexander Ave, 26th and Pearl, Mt Tacoma 
High School, and Benny's Nursery. Moreover, the state and local 
standards for air quality are more stringent than the NAAQS, and 
exceedances have not been recorded for either of these standards since 
the ASARCO copper smelter plant ceased operation as of March 1984. 
Therefore, EPA has determined that the SO2 NAAQS in the Tacoma 
area has been attained.
    EPA is further assured that the area will remain in attainment 
because the ASARCO Copper Smelter, the primary source of SO2 
emissions, permanently ceased operations in March 1984. ASARCO's 
permanent closure is strengthened by the stack demolition that occurred 
on January 17, 1993. After the copper smelter ceased operation there 
was a considerable decrease in sulfur dioxide emissions, as indicated 
by the continuing emission monitoring of the Tacoma area.

II. This Action

    EPA, in this action, is redesignating Tacoma from unclassifiable to 
attainment for sulfur dioxide. This action is being taken without prior 
proposal because the changes are noncontroversial, the State has 
demonstrated that the area has attained the standard and that the 
primary source of SO2 emissions has permanently ceased operation. 
Therefore, EPA anticipates no adverse comments on this action.

III. Administrative Review

    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. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).
    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 October 3, 1994 unless, within 30 days of its publication, 
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 October 3, 1994.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments enacted on November 15, 1990. The EPA has determined 
that this action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The OMB has exempted this regulatory action from 
E.O. 12866 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 October 3, 1994. 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 Parts 52 and 81

    Environmental protection, Air pollution control, Incorporation by 
reference, Sulfur oxides, National parks, Wilderness areas.

    Dated: June 23, 1994.
Gerald A. Emison,
Acting 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.

    Parts 52 and 81, 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)(44) to read 
as follows:


Sec. 52.2470  Identification of plan.

* * * * *
    (c) * * *
    (44) On September 22, 1993, the state of Washington, through the 
Washington State Department of Ecology, submitted a request to 
redesignate Tacoma to attainment for sulfur dioxide (SO2).
    (i) Incorporation by reference.
    (A) September 22, 1993 letter from Washington State Department of 
Ecology to EPA Region 10 submitting a redesignation request for the 
Tacoma SO2 Air Quality Maintenance Area (AQMA).

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7407, 7501-7515, 7601.

    2. Section 81.348 is amended in the table for ``Washington-
SO2'' by removing the indication, X, in the column ``Cannot be 
classified'' and adding it in the column ``Better than national 
standards'' for Tacoma to read as follows:


Sec. 81.348  Washington.

* * * * * 

                                                Washington--SO2                                                 
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                                                                                                        Better  
                               Does not meet primary       Does not meet                                 than   
      Designated area               standards          secondary standards     Cannot be classified    national 
                                                                                                       standards
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                                                  * * * * * * *                                                 
Puget Sound Intrastate AQCR                                                                                     
 229:                                                                                                           
    Tacoma-a parabolic        ......................  ......................  ......................          x 
     shaped area extending                                                                                      
     approximately 3\1/2\                                                                                       
     miles SSW from the                                                                                         
     ASARCO copper smelter.                                                                                     
                                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
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[FR Doc. 94-18996 Filed 8-3-94; 8:45 am]
BILLING CODE 6560-50-P