[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Rules and Regulations]
[Pages 54599-54604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26466]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WA5-1-5539a; FRL-5309-1]


Approval and Promulgation of Implementation Plans: Washington

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) approves a revision to 
the State implementation plan (SIP) submitted by the State of 
Washington for the purpose of bringing about the attainment of the 
national ambient air quality standards (NAAQS) for particulate matter 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM-10). The implementation plan was submitted by the State 
to satisfy certain Federal requirements for an approvable moderate 
nonattainment area PM-10 SIP for Tacoma, Washington. On October 12, 
1994, EPA approved certain separable sections and conditionally 
approved other sections of the Tacoma PM-10 SIP revision (59 FR 51506 
(October 12, 1994)). In this action, EPA finds the State has fulfilled 
the terms of the conditional approval and that the SIP submitted fully 
satisfies the requirements of the Federal Clean Air Act.

DATES: This action is effective on December 26, 1995 unless adverse or 
critical comments are received by November 24, 1995. 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, 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, 
DC 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, 4450 Third Avenue 
SE., Lacey, Washington 98504.

FOR FURTHER INFORMATION CONTACT: Claire Hong, Air & Radiation Branch 
(AT-082), EPA, 1200 Sixth Avenue, Seattle, Washington 98101, (206) 553-
1813.

SUPPLEMENTARY INFORMATION:

I. Background

    The Tacoma, Washington, area was designated nonattainment for PM-10 
and classified as moderate under sections 107(d)(4)(B) and 188(a) of 
the Clean Air Act (CAA), upon enactment of the Clean Air Act Amendments 
(CAAA) of 1990.\1\ See 56 FR 56694 (November 6, 1991) (official 
designation codified at 40 CFR 81.348). The air quality planning 
requirements for moderate PM-10 nonattainment areas are set out in 
subparts 1 and 4 of Part D, Title I of the Act.\2\ EPA has issued a 
``General Preamble'' describing EPA's preliminary views on how EPA 
intends to review SIPs and SIP revisions submitted under Title I of the 
Act, including those State submittals containing moderate PM-10 
nonattainment area SIP requirements (see generally 57 FR 13498 (April 
16, 1992) and 57 FR 18070 (April 28, 1992)). Because EPA is describing 
its interpretations here only in broad terms, the reader should refer 
to the General Preamble for a more detailed discussion of the 
interpretations of Title I advanced in this document and the supporting 
rationale. In this rulemaking action on the State of Washington's 
moderate PM-10 SIP for the Tacoma nonattainment area (referred to as 
Tacoma or the Tacoma Tideflats), EPA is applying its interpretations 
taking into consideration the specific factual issues presented. 
Additional information supporting EPA's action on this particular area 
is available for inspection at the addresses indicated above. Those 
States containing initial moderate PM-10 nonattainment areas (those 
areas designated nonattainment under CAA section 107(d)(4)(B)) were 
required to submit, among other things, the following provisions by 
November 15, 1991:

    \1\The 1990 Amendments to the Clean Air Act made significant 
changes to the Act. See Pub. L. No. 101-549, 104 Stat. 2399. 
References herein are to the Clean Air Act, as amended (``the 
Act''). The Clean Air Act is codified, as amended, in the U.S. Code 
at 42 U.S.C. sections 7401, et seq.
    \2\Subpart 1 contains provisions applicable to nonattainment 
areas generally and subpart 4 contains provisions specifically 
applicable to PM-10 nonattainment areas. At times, subpart 1 and 
subpart 4 overlap or conflict. EPA has attempted to clarify the 
relationship among these provisions in the ``General Preamble'' and, 
as appropriate, in today's notice and supporting information.
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    1. Provisions to ensure that reasonably available control measures 
(RACM) (including such reductions in emissions from existing sources in 
the area as may be obtained through the adoption, at a minimum, of 
reasonably available control technology (RACT)) shall be implemented no 
later than December 10, 1993;
    2. Either a demonstration (including air quality modeling) that the 
plan will provide for attainment as expeditiously as practicable but no 
later than December 31, 1994, or a demonstration that attainment by 
that date is impracticable;
    3. Quantitative milestones which are to be achieved every three 
years and which demonstrate reasonable further progress (RFP) toward 
attainment by December 31, 1994; and
    4. Provisions to ensure that the control requirements applicable to 
major stationary sources of PM-10 also apply to major stationary 
sources of PM-10 precursors except where the Administrator determines 
that such sources do not contribute significantly to PM-10 levels which 
exceed the NAAQS in the area (see sections 172(c), 188, and 189 of the 
Act).
    Additional provisions are due at a later date. States with initial 
moderate PM-10 nonattainment areas were required to submit a permit 
program for the construction and operation of new and modified major 
stationary sources of PM-10 by June 30, 1992 (see CAA section 189(a)). 
The Washington State Department of Ecology (WDOE) submitted the new 
source review requirements for this area, which were approved by EPA on 
August 29, 1994 (59 FR 44385).
    Such States also were required to submit contingency measures by 
November 15, 1993, which become effective without further action by the 
State or EPA, upon a determination by EPA that the area has failed to 
achieve RFP or to attain the PM-10 NAAQS by the applicable statutory 
deadline (see CAA section 172(c)(9) and 57 FR 13510-13512 and 13543-
13544). EPA addresses the contingency measures the State has submitted 
for Tacoma below.

II. This Action

    In this action, EPA is granting full approval of the plan revisions 
submitted to EPA for Tacoma, Washington on 

[[Page 54600]]
November 15, 1991, June 30, 1994 and May 2, 1995 (hereafter generally 
referred to as a single submittal). On October 12, 1994, EPA approved 
certain separable sections and conditionally approved other sections of 
the Tacoma PM-10 SIP revision (59 FR 51506 (October 12, 1994)). At that 
time, EPA fully approved the separable exclusion from precursor 
controls, the monitoring network, the procedures for consultation and 
public notification, the provisions for revising the plan and the 
adequacy of funding and authority. As such, those portions of the 
submittal will not be discussed in this Federal Register. In that same 
document, EPA granted conditional approval of other major portions of 
the submission on the condition that Washington adopt and submit to EPA 
specific industrial control orders with enforceable emission limits by 
January 1, 1995 for the following facilities located in the Tacoma 
nonattainment area: Simpson Tacoma Kraft Company (Simpson), Kaiser 
Aluminum and Chemical Corporation (Kaiser), Buffelen Woodworking, 
Continental Grain, Continental Lime, Domtar Gypsum, Puget Sound 
Plywood, USG Interiors, US Oil & Refining, and Woodworth. In May 1995, 
the State submitted a Supplement to the PM-10 State Implementation Plan 
which included these enforceable emission limits, demonstrations of 
attainment and maintenance and contingency measures, thus fulfilling 
the conditions of the conditional approval. In this document, EPA finds 
the SIP submittal meets the requirements established under the Clean 
Air Act.

Analysis of State Submission

1. Procedural Background
    Section 110(a)(2) of the Act provides that each implementation plan 
submitted by a State must be adopted after reasonable notice and public 
hearing.\3\ Section 110(l) of the Act similarly provides that each 
revision to an implementation plan submitted by a State under the Act 
must be adopted by such State after reasonable notice and public 
hearing. The EPA also must determine whether a submittal is complete 
and therefore warrants further EPA review and action (see CAA section 
110(k)(1) and 57 FR 13565). EPA's completeness criteria for SIP 
submittals are set out at 40 CFR part 51, appendix V.

    \3\Also Section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
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    The State of Washington Department of Ecology (WDOE) conducted a 
public hearing to receive public comment on a supplement to the State 
implementation plan revision for PM-10 in Tacoma on February 8, 1995. 
WDOE adopted the implementation plan for the area and submitted it to 
EPA on May 2, 1995. A letter dated May 11, 1995 was forwarded to the 
WDOE indicating the completeness of the submittal.
2. PM-10 Emissions Inventory
    Section 172(c)(3) of the Act requires that nonattainment plan 
provisions include a comprehensive, accurate and current inventory of 
actual emissions from all sources of relevant pollutants in the 
nonattainment area. The emissions inventory should also include a 
comprehensive, accurate and current inventory of allowable emissions in 
the area. See, e.g., CAA section 110(a)(2)(K). Because the submission 
of such inventories is necessary to an area's attainment demonstration 
(or demonstration that the area cannot practicably attain), the 
emissions inventories must be received with the attainment/
nonattainment demonstration submission (see 57 FR 13539).
    In the submissions previous to 1995, WDOE submitted an emissions 
inventory that was based on estimated actual emissions for the base 
year of 1987, the attainment year of 1994, and maintenance year of 
1997. However, this emissions inventory reflected estimated actual 
emissions, not allowable limits. As was discussed in the October 12, 
1994 Federal Register document and the associated Technical Support 
Document, the use of estimated actual rather than allowable emissions 
means that these emission levels in the emissions inventory are not 
enforceable, and thus the emissions inventory was not approvable (59 FR 
51506).
    The May 1995 submission included consent orders that established 
allowable emission limits for major point sources in the Tacoma 
Tideflats. The 1995 submission also included a revised emissions 
inventory that based its 1994 and 1997 attainment and maintenance 
demonstrations on the emission levels in these consent orders. Thus, 
the emissions inventory evaluated here includes the 1987 base year 
inventory (based on estimated actual emissions) included in the 1991 
submission, and the revised 1994 attainment and 1997 maintenance 
demonstrations (based on the new allowable emission limits) included 
the 1995 submission. For sources within the nonattainment area, the 
emissions inventory provides a comprehensive list of particulate 
sources and utilizes appropriate factor and estimations that were 
available at the time the SIP revision was prepared. The emissions 
inventory cites industrial point sources and area sources as the 
largest contributors of PM-10 in the area. The emissions inventory 
shows no growth in industrial point or fugitive sources between 1994 
and 1997 due to the new emission limits imposed on those sources. 
Mobile source emissions are estimated to increase approximately eight 
percent between 1994 and 1997. This increase is slightly offset by 
reductions due to lower sulfur fuel content and implementation of an 
inspection and maintenance program for diesel engines.
    As discussed in the October 12, 1994 Federal Register document and 
in the Technical Support Document accompanying that document, EPA found 
that there is a substantial weight of evidence that residential wood 
combustion imported into the nonattainment area is a significant 
contributor to PM-10 in the Tacoma Tideflats. WDOE included an 
increased estimate of imported residential wood combustion in its 
attainment and maintenance demonstrations, although WDOE did not 
specifically list it as a source category in the 1995 emissions 
inventory. EPA has reviewed and approves the emissions inventory for 
the Tacoma Tideflats.
3. RACM (Including RACT)
    As noted, the initial moderate PM-10 nonattainment areas must 
submit provisions to ensure that RACM (including RACT) are implemented 
no later than December 10, 1993 (see CAA sections 172(c)(1) and 
189(a)(1)(C)). The General Preamble contains a detailed discussion of 
EPA's interpretation of the RACM (including RACT) requirement (see 57 
FR 13539-45 and 13560-61).
    In broad terms, the State should identify available control 
measures evaluating them for their reasonableness in light of the 
feasibility of the controls and the attainment needs of the area. A 
State may reject available control measures if the measures are 
technologically infeasible or the cost of the control is unreasonable. 
In addition, RACM, does not require controls on emissions from sources 
that are insignificant (i.e. de minimis) and RACM does not require the 
implementation of all available control measures where an area 
demonstrates timely attainment of the NAAQS and the implementation of 
additional controls would not expedite attainment. 57 FR 13540-44.
    Washington's control strategy for the Tacoma area provides for 
attainment of the 24-hour standard based on control of industrial 
emissions, fugitive industrial 

[[Page 54601]]
emissions including resuspended road dust, and residential wood 
combustion. The Tacoma PM-10 plan includes enforceable consent orders 
that establish allowable emission limits for industrial point sources 
as well as fugitive emissions.
a. Industrial Controls
    At first glance, the emissions inventory shows an apparent increase 
of 481 kg/day of PM-10 emissions from industrial point sources from 
1987 to 1994. In reviewing these numbers, however, it should be 
remembered that this apparent increase is based on a comparison of 
unlike numbers: that is, the 1987 numbers are the estimated historical 
``actual'' emission rates while the 1994 numbers are the current 
``allowable'' emission limits as reflected in enforceable orders. Had 
the emissions inventory compared 1987 allowable limits to 1994 
allowable limits, there would have been a decrease in the allowable 
emissions of several thousand kilograms of PM-10 per day. Therefore, 
contrary to its initial appearance, the emissions inventory reflects a 
decrease in allowable emissions. Additionally, two facilities, 
Woodworth and Puget Sound Plywood, located in the Tideflats have 
permanently ceased operation after the 1987 emissions were calculated 
without banking any emission reduction credits, resulting in an 
unquestionable decrease in these point source emissions. This issue of 
``actuals'' versus ``allowables'' is discussed in the October 12, 1994 
Federal Register document on the Tacoma Tideflats and its associated 
Technical Support Document (59 FR 51506 (October 12, 1994)).
    The consent orders included in the May 1995 submission and in 
previous submissions establish enforceable emission limits for the 
major point sources in the Tideflats. Emission units regulated by these 
orders include baghouses, dryers, oil burners and major ducts and 
vents. In addition to specifying emission limits, these orders also 
establish test methods for compliance.
b. Industrial Fugitive and Resuspended Road Dust
    The Tacoma emission inventory identified industrial fugitive 
emissions and resuspended road dust as significant contributors of 
particulate matter to the airshed. The Puget Sound Air Pollution 
Control Agency (PSAPCA) is a local air pollution control agency that 
has jurisdiction over four counties in Washington State; PSAPCA's 
jurisdiction includes the Tacoma Tideflats. PSAPCA's fugitive dust 
regulation (Regulation I, section 9.15) was designed to reduce fugitive 
dust from commercial and industrial activities and also to reduce dust 
emissions from paved and unpaved roads and parking lots.
    PSAPCA requires ``Best Available Control Technology (BACT)'' under 
section 9.15 for all fugitive emissions from all incinerators, boilers, 
manufacturing equipment and air pollution control equipment. For the 
reasons described in the October 12, 1994 Federal Register and 
accompanying Technical Support Document, EPA finds that these area 
controls are reasonable and appropriate (59 FR 51508).
c. Residential Wood Combustion
    There is a substantial body of evidence indicating that imported 
residential wood combustion is a large source of Tacoma's PM-10 (See 59 
FR 51506 and the accompanying Technical Support Document for further 
discussion of imported residential wood combustion). In the May 1995 
submission, WDOE modified its demonstrations of attainment and 
maintenance to account for the significant influx of residential wood 
combustion. WDOE also claimed a 70 percent reduction credit for 
imposition of a mandatory residential woodstove ban in PSAPCA's four-
county jurisdiction. (See 59 FR 51509 and the accompanying Technical 
Support Document for a description of the specifics of the mandatory 
woodstove curtailment program). In the October 12, 1994 conditional 
approval, EPA evaluated and accepted the 70 percent emission reduction 
credit associated with the woodstove curtailment program.
    The Tacoma SIP identifies industrial point sources, industrial 
fugitives, residential wood combustion and re-entrained road dust as 
significant sources of PM-10 in the airshed. The SIP then provides 
emissions limits for the industrial sources, and cites regulatory 
programs with a broad array of controls to address area sources.
    In the Tacoma situation, EPA believes the significant sources, as 
well as several less significant sources, of PM-10 in the area have 
been reasonably controlled. EPA believes implementation of additional 
controls in this area would not expedite attainment.
4. Demonstration
    As noted, the initial moderate PM-10 nonattainment areas must 
submit a demonstration (including air quality modeling) showing that 
the plan will provide for attainment as expeditiously as practicable 
but no later than December 31, 1994 (see section 189(a)(1)(B) of the 
Act). The General Preamble sets out EPA's guidance on the use of 
modeling for moderate area attainment demonstrations (57 FR 13539). 
Alternatively, if the State does not submit a demonstration of 
attainment, the State must show that attainment by December 31, 1994, 
is impracticable (CAA section 189(a)(1)(B)(ii)).
    The May 1995 submission included revised demonstrations of 
attainment and maintenance. WDOE's demonstrations used rollback, a 
modified demonstration of attainment or maintenance. The guidelines for 
using rollback are outlined in EPA guidance (Attachment 5 of ``PM-10 
Moderate Area SIP Guidance: Final Staff Work Product,'' April 2, 1990). 
As discussed in the Technical Support Document associated with the 
October 12, 1994 action, Tacoma's SIP meets the criteria for using 
rollback. This action reviews the adequacy of the rollback analysis 
included in the 1995 submission.
    In the October 12, 1994 action granting conditional approval to the 
Tacoma PM-10 SIP, EPA noted that WDOE had not adequately addressed the 
evidence indicating that residential wood combustion was a significant 
source of particulate matter in the Tideflats (59 FR 51510). Therefore, 
in the 1995 submission, WDOE relied on a rollback demonstration to 
account for the impact of imported residential wood combustion. WDOE 
estimates that approximately 40 percent of the PM-10 in the Tacoma 
Tideflats on the design day is attributable to imported residential 
wood combustion. As mentioned above, EPA has found that the mandatory 
residential wood combustion curtailment program, implemented by PSAPCA 
throughout a four county area, is approximately 70 percent effective 
(See 59 FR 51509 and the accompanying Technical Support Document for 
further discussion). Therefore, granting an emission reduction credit 
for a residential woodstove curtailment program is appropriate since 
the curtailment program applies to the Tideflats and all contiguous and 
surrounding areas. After accounting for the reduction in particulate 
matter due to the efficiency of the curtailment program, the rollback 
analysis presented in the 1995 submission shows that the limits in the 
emissions inventory for 1994 would be sufficient to attain the PM-10 
NAAQS in 1994 and to maintain the standard in 1997. Further, there has 
been no 

[[Page 54602]]
measured exceedance of the PM-10 NAAQS for nearly five years. EPA 
approves the demonstrations of attainment and maintenance submitted in 
the Tacoma PM-10 SIP.
5. Quantitative Milestones and Reasonable Further Progress (RFP)
    The PM-10 nonattainment area plan revisions demonstrating 
attainment must contain quantitative milestones which are to be 
achieved every three (3) years until the area is redesignated 
attainment and which demonstrate RFP, as defined in section 171(1), 
toward attainment by December 31, 1994 (see section 189(c) of the Act). 
Reasonable further progress is defined in CAA section 171(1) as such 
annual incremental reductions in emissions of the relevant air 
pollutant as are required by Part D of the Act or may reasonably be 
required by the Administrator for the purpose of ensuring attainment of 
the applicable NAAQS by the applicable date.
    While section 189(c) plainly provides that quantitative milestones 
are to be achieved until an area is redesignated attainment, it is 
silent in indicating the starting point for counting the first 3-year 
period or how many milestones must be initially addressed. In the 
General Preamble, EPA addressed the statutory gap in the starting point 
for counting the 3-year milestones, indicating that it would begin from 
the due date for the applicable implementation plan revision containing 
the control measures for the area (i.e., November 15, 1991 for initial 
moderate PM-10 nonattainment areas). See 57 FR 13539. As to the number 
of milestones, EPA believes that at least two milestones must be 
initially addressed. Thus, submittals to address the SIP revisions due 
on November 15, 1991 for the initial moderate PM-10 nonattainment areas 
must demonstrate timely attainment of the PM-10 NAAQS, the second 
milestone should, at a minimum, provide for continued maintenance of 
the standards.4

    \4\Section 189(c) provides that quantitative milestones are to 
be achieved ``until the area is redesignated attainment.'' However, 
this endpoint for quantitative milestones is speculative because 
redesignation of an area as attainment is contingent upon several 
factors and future events.
    EPA believes it is unreasonable to require planning for each 
nonattainment area to cover quantitative milestones years into the 
future because of the possibility that such time may elapse before 
an area is in fact redesignated attainment. On the other hand, EPA 
believes it is reasonable for States initially to submit a 
sufficient number of milestones to ensure that there is continuing 
air quality protection beyond the attainment deadline. Addressing 
two milestones will ensure that the State continues to maintain the 
NAAQS beyond the attainment date for at least some period during 
which an area could be redesignated attainment. However, in all 
instances, additional milestones must be addressed if an area is not 
redesignated attainment within the time period covered by the 
initial milestones.
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    In implementing RFP for this initial moderate area, EPA has 
reviewed the attainment demonstration and control strategy for the area 
to assess whether the initial milestones have been satisfied and to 
determine whether annual incremental reductions, different from those 
provided in the SIP, should be required in order to ensure attainment 
of the PM-10 NAAQS by December 31, 1994 (see CAA section 171(1)). As 
indicated, the State of Washington's PM-10 SIP for Tacoma demonstrates 
attainment in 1994 and maintenance through 1997, and therefore 
satisfies RFP and initial quantitative milestones (see 57 FR 13539). 
CAA section 110(k)(4).
6. Enforceability Issues
    All measures and other elements in the SIP must be enforceable by 
WDOE and EPA (see CAA sections 172(c)(6), 110(a)(2)(A) and 57 FR 
13556). EPA criteria addressing the enforceability of SIP's and SIP 
revisions were stated in a September 23, 1987, memorandum (with 
attachments) from J. Craig Potter, Assistant Administrator for Air and 
Radiation, et al. (see 57 FR 13541). Nonattainment area plan provisions 
must also contain a program that provides for enforcement of the 
control measures and other elements in the SIP (see CAA section 
110(a)(2)(C)).
    WDOE's control measures and regulations for control of particulate 
matter, which are contained in the SIP, are addressed above under the 
section headed ``RACM (including RACT).'' These control measures apply 
to the types of activities identified in that discussion including, for 
example, point source emissions; fugitive emissions from point sources; 
vehicle resuspended road dust; and residential wood combustion. The SIP 
provides that the affected activities will be controlled throughout the 
entire nonattainment area. For measures controlling area source 
emissions, the control measures apply in the entire nonattainment area 
as well as in the four-county jurisdiction of PSAPCA, as in the case of 
the residential woodstove curtailment program.
    The Technical Support Document accompanying the October 12, 1994 
Federal Register document provides a description of the rules contained 
in the SIP and the source types subject to them; test methods and 
compliance schedules; malfunction provisions; excess emission 
provisions; correctly cited references of incorporated methods/rules; 
and reporting and recordkeeping requirements.
    Both WDOE and PSAPCA have responsibilities in the implementation 
and enforcement of control measures in the Tacoma nonattainment area. 
PSAPCA retains authority over all area sources and all but the two 
stationary sources in Tacoma that are regulated by WDOE. EPA considers 
PSAPCA's staffing level adequate to ensure that the Tacoma attainment 
plan is fully implemented. As a necessary adjunct of its enforcement 
program, PSAPCA also has broad powers to adopt rules and regulations, 
issue orders, assess penalties, require access to records and 
information, and receive and disburse funds. WDOE has adequate 
authority to implement and enforce the plan in the event PSAPCA fails 
to make a good faith effort to implement and/or enforce the 
regulations.
    The two point sources in the Tacoma nonattainment area not under 
PSAPCA's jurisdiction are the Simpson Tacoma Kraft Company and Kaiser 
Aluminum and Chemical Corporation. These sources are regulated by WDOE. 
WDOE's legal authorities, personnel and funding sources are discussed 
in the Technical Support Document that accompanies the October 12, 1994 
Federal Register. EPA finds these authorities and funding mechanisms 
adequate to ensure that the State will be able to enforce the control 
measures in the Tacoma nonattainment area.
7. Contingency Measures
    As provided in section 172(c)(9) of the Act, all moderate 
nonattainment area SIP's that demonstrate attainment must include 
contingency measures (see generally 57 FR 13510-13512 & 13543-44). 
These measures must be submitted by November 15, 1993, for the initial 
moderate nonattainment areas. Contingency measures should consist of 
other available measures that are not part of the area's core control 
strategy. These measures must take effect without further action by the 
State or EPA, upon a determination by EPA that the area has failed to 
make RFP or attain the PM-10 NAAQS by the applicable statutory 
deadline.
    The May 1995 submission of the Tacoma PM-10 SIP changed the 
contingency measures submitted to EPA for inclusion in the SIP. 
Previous submissions included two contingency measures related to 
mobile sources: a sulfur reduction in fuels program and the inspection 
and maintenance program for diesel engines as the contingency measures 
for the Tacoma Tideflats. These contingency measures 

[[Page 54603]]
were not fully approved because their adequacy could not be fully 
evaluated in the absence of an approved attainment demonstration. 
Therefore, EPA conditionally approved these measures based on the 
WDOE's commitment to submit enforceable emission limits for the 
stationary sources in the nonattainment area and to demonstrate 
attainment without relying on the reductions to be achieved from the 
implementation of the contingency measures (59 FR 51513).
    In the May 1995 submission, WDOE acknowledged that the 
establishment of an inspection and maintenance program and the 
reduction in sulfur content of on-highway diesel fuel were already in 
place. Therefore, WDOE used the emission reduction credits associated 
with these measures as part of their attainment and maintenance 
demonstrations, and submitted a new contingency measure, a geographic 
ban on uncertified woodstoves.
    The new contingency measure is the implementation of a year-round 
prohibition on the use of uncertified woodstoves in an area to be 
defined by PSAPCA. This ban on uncertified woodstoves is authorized by 
the Washington Clean Air Act, 70.94.473 and PSAPCA's Regulation I 
section 13.07. Pursuant to those authorities, if EPA makes written 
findings that an area has failed to attain or maintain the national 
ambient air quality standard and, in consultation with WDOE, finds that 
the emissions from solid fuel burning devices are a contributing factor 
to such failure to attain or maintain the standard, then the use of 
woodstoves not meeting the standards set forth in RCW 70.94.457 shall 
be prohibited within the area that PSAPCA has determined contributed to 
the violation.
    The SIP states that the contingency measure would be ``activated'' 
one year after the EPA makes its findings that the standard has been 
violated and that woodstoves are a contributing factor. EPA recognizes 
that this language would seem to contradict the requirement that the 
contingency measure be implemented immediately. However, EPA believes 
this to be a semantic difference. In order for the ban to be in place 
and fully operational within one year, PSAPCA would initiate 
implementation of the ban immediately. In light of the severity and 
extent of this ban, a one year phase-in period is reasonable.
    This contingency measure is authorized by both the State and 
PSAPCA's regulations and will take effect immediately upon EPA finding 
that the standard has been violated and that woodstoves are a 
contributing factor. EPA approves the contingency measure.

III. Implications of this Action

    EPA fully approves the plan revisions submitted to EPA for the 
Tacoma, Washington, PM-10 nonattainment area on November 15, 1991, June 
30, 1994, and May 1995. In a previous Federal Register document, EPA 
approved the separable exclusion from precursor controls; the 
monitoring network; the procedures for consultation and public 
notification; the provisions for revising the plan and the adequacy of 
funding and authority. 59 FR 51506 (October 12, 1994) In this action, 
EPA fully approves the control measures for industrial sources, 
residential wood combustion and industrial and road fugitives; the 
emissions inventory; the attainment demonstration; the maintenance 
demonstration; the enforceability of control measures; the contingency 
measures and the quantitative milestones and reasonable further 
progress provisions.

IV. 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).
    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 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.
    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 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.
    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 December 26, 1995 unless, by November 24, 1995 adverse or 
critical comments are received. 

[[Page 54604]]

    If the 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. 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 December 26, 1995.
    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 December 26, 1995. 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, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    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.

    Dated: September 22, 1995.
Charles Findley,
Acting Regional Administrator.

    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)(57) to read 
as follows:


Sec. 52.2470  Identification of plan.

* * * * *
    (c) * * *
    (57) On May 2, 1995, WDOE submitted to EPA revisions to the 
Washington SIP addressing the conditional approval of the State 
Implementation Plan (SIP) for particulate matter (PM10) in the Tacoma 
TIdeflats PM10 Nonattainment Area.
    (i) Incorporation by reference.
    (A) May 2, 1995 letter from WDOE to EPA Region submitting the SIP 
revision for Particulate Matter in the Tacoma Tideflats, A Plan for 
Attaining and Maintaining the National Ambient Air Quality Standard for 
PM10, Supplement May 1995, adopted on May 4, 1995.

[FR Doc. 95-26466 Filed 10-24-95; 8:45 am]
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