[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Rules and Regulations]
[Pages 7347-7352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02619]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R10-OAR-2014-0808; FRL 9922-81-Region 10]


Approval and Promulgation of Air Quality Implementation Plans; 
Washington; Redesignation to Attainment for the Tacoma-Pierce County 
Nonattainment Area and Approval of Associated Maintenance Plan for the 
2006 24-Hour Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is redesignating to 
attainment the entire Tacoma-Pierce County nonattainment area 
(hereafter ``the Tacoma area'' or ``the area'') for the 2006 24-hour 
fine particulate matter (PM2.5) national ambient air quality

[[Page 7348]]

standard (NAAQS). The EPA is also approving as a revision to the 
Washington State Implementation Plan (SIP), the associated maintenance 
plan that provides for continued compliance of the 2006 24-hour 
PM2.5 NAAQS. Additionally, the EPA is approving the 2017 and 
2026 motor vehicle emissions budgets included in Washington's 
maintenance plan for PM2.5 and nitrogen oxides.

DATES: This final rule is effective on March 12, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2014-0808. All documents in the docket are 
listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information the disclosure of which 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Programs Unit, Office of Air Waste and Toxics, EPA 
Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The EPA requests that 
if at all possible, you contact the individual listed in the FOR 
FURTHER INFORMATION CONTACT section to view the hard copy of the 
docket. You may view the hard copy of the docket Monday through Friday, 
8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, 
[email protected], or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to 
certain words or initials as follows:
    (i) The words or initials ``Act'' or ``CAA'' mean or refer to 
the Clean Air Act, unless the context indicates otherwise.
    (ii) The words ``EPA,'' ``we,'' ``us'' and ``our'' mean or refer 
to the Environmental Protection Agency.
    (iii) The initials ``SIP'' mean or refer to State Implementation 
Plan.
    (iv) The words ``Washington'' and ``State'' mean the State of 
Washington.

Table of Contents

I. Background Information
II. Final Action
III. Statutory and Executive Orders Review

I. Background Information

    The first air quality standards for PM2.5 were 
established on July 16, 1997 (62 FR 38652, July 18, 1997). The EPA 
promulgated an annual standard at a level of 15 micrograms per cubic 
meter ([mu]g/m\3\), based on a three-year average of annual mean 
PM2.5 concentrations (the 1997 annual PM2.5 
standard). In the same rulemaking action, the EPA promulgated a 24-hour 
standard of 65 [mu]g/m\3\, based on a three-year average of the 98th 
percentile of 24-hour concentrations. On October 17, 2006 (71 FR 
61144), the EPA retained the annual average standard at 15 [mu]g/m\3\, 
but revised the 24-hour standard to 35 [mu]g/m\3\, based again on the 
three-year average of the 98th percentile of 24-hour concentrations 
(the 2006 24-hour PM2.5 standard or daily standard). On 
November 13, 2009, the EPA published designations for the 2006 24-hour 
PM2.5 NAAQS, which became effective on December 14, 2009 (74 
FR 58688). In that rulemaking action, the EPA designated the Tacoma 
area as nonattainment for the 2006 24-hour PM2.5 NAAQS (see 
77 FR 58774 and 40 CFR 81.348).
    On September 4, 2012, the EPA determined that the Tacoma area had 
attained the 2006 24-hour PM2.5 NAAQS based upon complete, 
quality-controlled, certified 2009-2011 ambient air monitoring data 
available in the EPA's Air Quality System database (77 FR 53772). 
Pursuant to 40 CFR 51.1004(c), in effect at that time, the requirements 
for the Tacoma area to submit an attainment demonstration and 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
the attainment of the 2006 24-hour PM2.5 NAAQS are suspended 
until such time as: The area is redesignated to attainment, at which 
time the requirements no longer apply; or the EPA determines that the 
area has again violated the standard, at which time such plans are 
required to be submitted. On September 19, 2013, the EPA finalized a 
subsequent determination of attainment, updated with 2010-2012 data, 
considering the effect of the D.C. Circuit Court's January 4, 2013 
decision to remand the implementation rule containing the provisions of 
40 CFR 51.1004(c) on the area (78 FR 57503). Natural Resources Defense 
Council v. EPA, 706 F.3d 428 (2013). A full description of the EPA's 
rationale for the determination of attainment is contained in the 
proposal for that action (78 FR 42095, July 18, 2013).
    A determination of attainment does not relieve a state from 
submitting, and the EPA from approving, certain planning SIP revisions 
for the 2006 PM2.5 NAAQS. On November 28, 2012, Washington 
submitted a 2008 baseline emissions inventory for direct 
PM2.5 and precursors to the formation of PM2.5 
including nitrogen oxides (NOX), volatile organic compounds 
(VOCs), ammonia (NH3), and sulfur dioxide (SO2) 
to meet the comprehensive emissions inventory requirement of Clean Air 
Act (CAA) section 172(c) for the 2006 24-hour PM2.5 NAAQS. 
Also included in Washington's submittal were SIP strengthening rules to 
implement the recommendations of the Tacoma-Pierce County Clean Air 
Task Force, an advisory committee of community leaders, citizen 
representatives, public health advocates, and other affected parties, 
formed to develop PM2.5 reduction strategies. These SIP 
strengthening rules were focused on controlling PM2.5 
emissions from residential wood combustion, which at that time 
comprised 74% of direct PM2.5 emissions on winter days when 
24-hour PM2.5 NAAQS exceedances were most likely. The EPA 
approved the 2008 baseline emissions inventory and SIP strengthening 
rules on May 29, 2013 (78 FR 32131).
    On November 3, 2014, Ecology submitted a request to redesignate the 
Tacoma area from nonattainment to attainment for the 2006 24-hour 
PM2.5 NAAQS. The submittal included a maintenance plan as a 
SIP revision to ensure continued attainment of the standard over the 
next 10 years. On December 11, 2014, the EPA proposed to redesignate 
the entire Tacoma area, including tribal trust and non-trust lands, 
from nonattainment to attainment for the 2006 24-hour PM2.5 
NAAQS (79 FR 73525).\1\ The EPA also proposed to approve the associated 
maintenance plan, including motor vehicle emission budgets for 2017 and 
2026. An explanation of the CAA requirements, a detailed explanation of 
the revisions, and the EPA's reasons for approval were provided in the 
notice of proposed rulemaking, and will not be restated here. The 
public comment period for the proposed rule ended on January 12, 2015. 
We did not receive any comments on the proposal.
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    \1\ Control measures on tribal trust land will continue to be 
regulated pursuant to 40 CFR part 49, which includes the Federal 
Implementation Plans under the Clean Air Act for Indian Reservations 
in Idaho, Oregon and Washington (70 FR 18074, April 8, 2005) and 
Review of New Sources and Modifications in Indian Country (76 FR 
38748, July 1, 2011).
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II. Final Action

    The EPA is changing the official designation of the Tacoma area for 
the 2006 24-hour PM2.5 NAAQS found at 40 CFR part 81, from 
nonattainment to

[[Page 7349]]

attainment, because the area meets the criteria set forth in CAA 
section 107(d)(3)(E). This final action was reached after offering 
consultation to the Puyallup Tribe of Indians and after reviewing 
technical analyses, emissions inventories, and monitoring data covering 
the entire area, including tribal trust and non-trust lands as 
described in the proposed rule. The EPA is also approving and 
incorporating into the Washington SIP the associated maintenance plan 
ensuring continued attainment of the 2006 24-hour PM2.5 
NAAQS in the area for the next 10 years. For transportation conformity 
purposes, the EPA is approving the 2017 and 2026 motor vehicle 
emissions budgets included in Washington's maintenance plan for 
PM2.5 and nitrogen oxides.

III. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve State choices, 
provided that they meet the criteria of the Clean Air Act. Accordingly, 
this action merely approves State law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because this action does not involve technical standards; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land in 
Washington except for as specifically noted below and is also not 
approved to apply in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law. Washington's SIP is approved to apply on non-trust land within the 
exterior boundaries of the Puyallup Indian Reservation, also known as 
the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement 
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and 
local agencies in Washington authority over activities on non-trust 
lands within the 1873 Survey Area. Consistent with EPA policy, the EPA 
provided a consultation opportunity to the Puyallup Tribe in a letter 
dated September 8, 2014. The EPA did not receive a request for 
consultation.
    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. The EPA will submit a report containing this action 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 April 13, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: January 28, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.2470, in paragraph (e), Table 2, is amended by adding at 
the end of the table a section heading entitled ``Recently Approved 
Plans'' followed by the entry entitled ``Particulate Matter 
(PM2.5) Maintenance Plan'' to read as follows:


Sec.  52.2470  Identification of plan.

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    (e) * * *

[[Page 7350]]



                                                    Table 2--Attainment, Maintenance, and Other Plans
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                                    Applicable geographic
       Name of SIP provision          or  nonattainment         State                 EPA Approval date                           Comments
                                             area          submittal date
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                                                                      * * * * * * *
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                                                                 Recently Approved Plans
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Particulate Matter (PM2.5)          Tacoma, Pierce County        11/03/14  2/10/15 [insert Federal Register
 Maintenance Plan.                                                          citation].
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.348 amend in the table entitled ``Washington--2006 24-
Hour PM2.5 NAAQS'' by revising the entry for ``Tacoma, WA'' 
and footnote 2 to read as follows:


Sec.  81.348  Washington.

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                                      Washington--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
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                                                     Designation \a\                      Classification
            Designated area            -------------------------------------------------------------------------
                                           Date \1\               Type               Date \2\          Type
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Tacoma, WA
    Pierce County (part)..............         3/12/15  Attainment..............

[[Page 7351]]

 
        Starting from where an
         extension of Kennedy Road
         Northeast would intersect
         Commencement Bay, proceed
         north to the intersection of
         Marine View Drive (State
         Route 509) and Kennedy Road
         Northeast. Proceed south on
         Marine View Drive to Hylebos
         Creek. Proceed south along
         Hylebos Creek to 12th Street
         East. Proceed east on 12th
         Street East to 70th Avenue
         East. Proceed south on 70th
         Avenue East to State Route 99
         (S.R. 99). Proceed north on
         S.R. 99 0.1 mile north of
         Birch Street to a driveway to
         the east. Proceed east along
         the driveway and continue
         east along the same alignment
         to the Pierce County Line/
         Comprehensive Urban Growth
         Area (CUGA) boundary. Proceed
         east along the Pierce County
         Line/CUGA boundary to the
         eastern boundary of Edgewood.
         Proceed south along the
         eastern boundary of Edgewood
         to eastern boundary of the
         Sumner Urban Service Area.
         Proceed south along eastern
         boundary of the Sumner Urban
         Service Area to the eastern
         boundary of the Puyallup
         Urban Service Area. Proceed
         south along the eastern
         boundary of the Puyallup
         Urban Service Area to the
         eastern boundary of Puyallup/
         CUGA boundary. Proceed south
         and then west along the CUGA
         boundary to the eastern
         boundary of McChord Air Force
         Base. Proceed north along the
         eastern boundary of McChord
         Air Force Base to the
         northernmost point on the
         eastern boundary. Proceed
         from the northernmost point
         on the eastern boundary of
         McChord Air Force Base to the
         south right-of-way of S.R.
         512. Proceed west along the
         south right-of-way of S.R.
         512 to the south right-of-way
         of I-5. Proceed south along
         the south right-of-way to I-5
         to the point opposite the
         boundary between Lakewood and
         Camp Murray. Proceed north
         across I-5 to the boundary
         between Lakewood and Camp
         Murray. Proceed north along
         the western boundary of
         Lakewood to the point where
         the western boundary
         coincides with the CUGA
         boundary. Proceed north along
         the CUGA boundary to the
         southern boundary of Point
         Defiance Park. Proceed east
         along the southern boundary
         of Point Defiance Park to
         Commencement Bay/CUGA
         boundary. Proceed southeast,
         then northeast, and finally
         northwest along the CUGA
         boundary to the starting
         point.
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

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[FR Doc. 2015-02619 Filed 2-9-15; 8:45 am]
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