[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Proposed Rules]
[Pages 9793-9797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04081]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0003; FRL-9942-85-Region 10]


Approval and Promulgation of Implementation Plans; Spokane, 
Washington: Second 10-Year PM10 Limited Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the limited maintenance plan submitted on January 4, 2016, by 
the State of Washington for the Spokane area, which includes the cities 
of Spokane, Spokane Valley, Millwood and surrounding unincorporated 
areas in Spokane County, Washington. This plan addresses the second 10-
year maintenance period for particulate matter with an aerodynamic 
diameter less than or equal to a nominal 10 micrometers 
(PM10). A limited maintenance plan is used to meet Clean Air 
Act requirements for formerly designated nonattainment areas that meet 
certain qualification criteria. The EPA is proposing to determine 
Washington's submittal meets the limited maintenance plan criteria. The 
Spokane area currently has monitored PM10 levels well below 
the National Ambient Air Quality Standards (NAAQS) and levels have not 
increased since the area was redesignated to attainment in 2005. The 
EPA is also proposing to approve minor updates to the Spokane Regional 
Clean Air Agency (SRCAA) regulations controlling PM10 
related to the maintenance plan.

DATES: Comments must be received on or before March 28, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2016-0003 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. The Limited Maintenance Plan Option for PM10 Areas
    A. Requirements for the Limited Maintenance Plan Option
    B. Conformity Under the Limited Maintenance Plan Option
III. Review of the State's Submittal
    A. Has the State demonstrated that the maintenance area 
qualifies for the limited maintenance plan option?
    B. Does the State have an approved attainment emissions 
inventory?
    C. Does the limited maintenance plan include an assurance of 
continued operation of an appropriate EPA-approved air quality 
monitoring network, in accordance with 40 CFR part 58?
    D. Does the plan meet the Clean Air Act requirements for 
contingency provisions?
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    The Spokane area was designated as nonattainment for 
PM10 by operation of law upon enactment of the Clean Air Act 
Amendments in 1990 (56 FR 56694, November 6, 1991). The Washington 
Department of Ecology (Ecology) and SRCAA worked with the community to 
establish PM10 pollution control

[[Page 9794]]

strategies. Primary control strategies include a residential wood smoke 
control program, paving unpaved streets, requirements for improved 
sweeping and sanding practices on paved roads, and regulatory orders at 
the Kaiser Aluminum and Chemical Corporation Trentwood facility for 
PM10. The Spokane area attained the PM10 NAAQS in 
1994, with continued attainment ever since.
    The EPA partially approved the PM10 attainment plan for 
the Spokane area on January 27, 1997 (62 FR 3800). The EPA then 
approved the remaining attainment plan elements and a 10-year 
maintenance plan, redesignating the area from nonattainment to 
attainment effective August 30, 2005 (70 FR 38029, published July 1, 
2005). The purpose of the current limited maintenance plan is to 
fulfill the second 10-year planning requirement, section 175A(b) of the 
Clean Air Act, to ensure compliance through 2025.

II. The Limited Maintenance Plan Option for PM10 Areas

A. Requirements for the Limited Maintenance Plan Option

    On August 9, 2001, the EPA issued guidance on streamlined 
maintenance plan provisions for certain moderate PM10 
nonattainment areas. See memo from Lydia Wegman, Director, Air Quality 
Standards and Strategies Division, entitled ``Limited Maintenance Plan 
Option for Moderate PM10 Nonattainment Areas'' (limited 
maintenance plan option memo). The limited maintenance plan option memo 
contains a statistical demonstration that areas meeting certain air 
quality criteria will, with a high degree of probability, maintain the 
standard ten years into the future. Thus, the EPA provided the 
maintenance demonstration for areas meeting the criteria outlined in 
the memo. It follows that future year emission inventories for these 
areas, and some of the standard analyses to determine transportation 
conformity with the State Implementation Plan (SIP) are no longer 
necessary.
    To qualify for the limited maintenance plan option the State must 
demonstrate the area meets the criteria described below. First, the 
area should have attained the PM10 NAAQS. Second, the most 
recent five years of air quality data at all monitors in the area, 
called the 24-hour average design value, should be at or below 98 
micrograms per cubic meter ([mu]g/m\3\). Third, the State should expect 
only limited growth in on-road motor vehicle PM10 emissions 
and should have passed a motor vehicle regional emissions analysis 
test. Lastly, the memo identifies core provisions that must be included 
in all limited maintenance plans. These provisions include an 
attainment year emissions inventory, assurance of continued operation 
of an EPA-approved air quality monitoring network, and contingency 
provisions.

B. Conformity Under the Limited Maintenance Plan Option

    The transportation conformity rule and the general conformity rule 
(40 CFR parts 51 and 93) apply to nonattainment areas and maintenance 
areas covered by an approved maintenance plan. Under either conformity 
rule, an acceptable method of demonstrating a Federal action conforms 
to the applicable SIP is to demonstrate that expected emissions from 
the planned action are consistent with the emissions budget for the 
area.
    While qualification for the limited maintenance plan option does 
not exempt an area from the need to affirm conformity, conformity may 
be demonstrated without submitting an emissions budget. Under the 
limited maintenance plan option, emissions budgets are treated as 
essentially not constraining for the length of the maintenance period 
because it is unreasonable to expect that the qualifying areas would 
experience so much growth in that period that a violation of the 
PM10 NAAQS would result. For transportation conformity 
purposes, the EPA would conclude that emissions in these areas need not 
be capped for the maintenance period and therefore a regional emissions 
analysis would not be required. Similarly, Federal actions subject to 
the general conformity rule could be considered to satisfy the ``budget 
test'' specified in 40 CFR 93.158 (a)(5)(i)(A) for the same reasons 
that the budgets are essentially considered to be unlimited.
    Under the limited maintenance plan option, emissions budgets are 
treated as essentially not constraining for the maintenance period 
because it is unreasonable to expect that qualifying areas would 
experience so much growth in that period that a NAAQS violation would 
result. While areas with maintenance plans approved under the limited 
maintenance plan option are not subject to the budget test, the areas 
remain subject to the other transportation conformity requirements of 
40 CFR part 93, subpart A. Thus, the metropolitan planning organization 
(MPO) in the area or the State must document and ensure that:
     Transportation plans and projects provide for timely 
implementation of SIP transportation control measures (TCMs) in 
accordance with 40 CFR 93.113;
     Transportation plans and projects comply with the fiscal 
constraint element as set forth in 40 CFR 93.108;
     The MPO's interagency consultation procedures meet the 
applicable requirements of 40 CFR 93.105;
     Conformity of transportation plans is determined no less 
frequently than every four years, and conformity of plan amendments and 
transportation projects is demonstrated in accordance with the timing 
requirements specified in 40 CFR 93.104;
     The latest planning assumptions and emissions model are 
used as set forth in 40 CFR 93.110 and 40 CFR 93.111;
     Projects do not cause or contribute to any new localized 
carbon monoxide or particulate matter violations, in accordance with 
procedures specified in 40 CFR 93.123; and
     Project sponsors and/or operators provide written 
commitments as specified in 40 CFR 93.125.
    In approving the 2nd 10-year limited maintenance plan, the Spokane 
maintenance area will continue to be exempt from performing a regional 
emissions analysis, but must meet project-level conformity analyses as 
well as the transportation conformity criteria mentioned above.

III. Review of the State's Submittal

A. Has the State demonstrated that the maintenance areas qualify for 
the limited maintenance plan option?

    As discussed above, the limited maintenance plan option memo 
outlines the requirements to be met for an area to qualify. First, the 
area should be attaining the PM10 NAAQS. Under 40 CFR 50.6, 
the primary and secondary PM10 NAAQS are attained when the 
expected number of days per calendar year with a 24-hour average 
concentration above 150 [mu]g/m\3\ is equal to or less than one. The 
EPA determined that the Spokane area attained the PM10 NAAQS 
and formally redesignated the area from nonattainment to attainment, 
beginning the first 10-year maintenance period effective August 30, 
2005 (70 FR 38029, published July 1, 2005). We have evaluated the most 
recent monitoring data that shows that the Spokane area continues to 
attain the PM10 NAAQS with the number of annual exceedances 
equal to 0.3 for the period 2012 through 2014, well below the 1.0 
threshold for meeting the NAAQS.\1\
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    \1\ The data evaluated includes a 2013 flagged exceptional event 
that has not been fully evaluated by the EPA to date. If this 
flagged data were factored into the analysis, the calculated number 
of annual exceedances would drop to 0.0.

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[[Page 9795]]

    Second, the average design value for the past five years of 
monitoring data must be at or below the critical design value of 98 
[mu]g/m\3\ for the PM10 NAAQS. The critical design value is 
a margin of safety in which an area has a one in ten probability of 
exceeding the NAAQS. The 5-year average design value for Spokane based 
on PM10 monitoring data from 2009 through 2014 is 80 [mu]g/
m\3\. The EPA reviewed the data and methodology provided by the State 
and finds that the Spokane area 5-year average design value is below 
the critical design value of 98 [mu]g/m\3\ outlined in the limited 
maintenance plan option memo and therefore, meets the requirement for 
the limited maintenance plan option.
    Third, the area must meet the motor vehicle regional emissions 
analysis test described in the limited maintenance plan option memo. 
The State submitted an analysis showing that growth in on-road mobile 
PM10 emissions sources was minimal and would not threaten 
the assumption of maintenance that underlies the limited maintenance 
plan policy. Using the EPA's methodology, the State calculated total 
growth in on-road motor vehicle PM10 emissions over the ten-
year period for the Spokane area. This calculation is derived using 
Attachment B of the EPA's limited maintenance plan memo, where the 
projected percentage increase in vehicle miles traveled over the next 
ten years (VMTpi) is multiplied by the on-road mobile 
portion of the attainment year inventory (DVmv), including 
both primary and secondary PM10 emissions and re-entrained 
road dust. The EPA reviewed the calculations in the State's limited 
maintenance plan submittal and concurs with the determination that the 
area meets the motor vehicle regional emissions analysis test. This 
test is met when (VMTpi x DVmv) plus the design 
value for the most recent five years of quality assured data is below 
the limited maintenance plan threshold of 98 [mu]g/m\3\. The result for 
Spokane is 82 [mu]g/m\3\.
    As described above, the Spokane maintenance area meets the 
qualification criteria set forth in the limited maintenance plan option 
memo. To ensure these requirements continue to be met, the State has 
committed to evaluate monitoring data annually to ensure the area 
continues to qualify for the limited maintenance plan option. The State 
will report this information to the EPA in the annual monitoring 
network report.

B. Does the State have an approved attainment emissions inventory?

    Pursuant to the limited maintenance plan option memo, the State's 
submission should include an emissions inventory which can be used to 
demonstrate attainment of the relevant NAAQS. The inventory should 
represent emissions during the same five-year period associated with 
air quality data used to determine whether the area meets the 
applicability requirements of the limited maintenance plan option.
    The limited maintenance plan submittal includes an emissions 
inventory based on the State's 2011 Triennial Emissions Inventory. This 
inventory is prepared as part of the 2011 National Emissions Inventory 
under the EPA's Air Emissions Reporting Rule (73 FR 76539, December 17, 
2008). The information was supplemented with annual 2011 industrial 
emissions reported to SRCAA and Ecology. The 2011 base years represent 
the most recent emissions inventory data available and is consistent 
with the data used to determine applicability of the limited 
maintenance plan option (i.e., having no violations of the 
PM10 NAAQS). The most significant emission source categories 
for the Spokane area are residential wood combustion and dust from 
paved and unpaved roads. The 2011 emission inventory results compare 
favorably to the 2002 emission inventory submitted with the first 10-
year limited maintenance plan. Particulate matter from residential wood 
combustion has declined by almost one half. These emission were 2,052 
tons per year (tpy) in 2002 versus 1,062 tpy in 2011. Particulate 
matter from unpaved roads declined from 5,855 tpy in 2002 to 623 tpy in 
2011. The only significant source category from the 2002 emission 
inventory to increase was particulate matter from paved roads, which 
increased from 325 tpy in 2002 to 623 tpy in 2011. Emissions from point 
sources remained relatively stable at 147 tpy in 2002 and 160 tpy in 
2011. The EPA reviewed and is proposing to approve the emissions 
inventory and methodology. The emissions inventory data supports the 
State's conclusion that the existing control measures in place will 
continue to protect and maintain the PM10 NAAQS.

C. Does the limited maintenance plan include an assurance of continued 
operation of an appropriate EPA-approved air quality monitoring 
network, in accordance with 40 CFR Part 58?

    The limited maintenance plan memo states, ``[t]o verify the 
attainment status of the area over the maintenance period, the 
maintenance plan should contain a provision to assure continued 
operation of an appropriate, EPA-approved air quality monitoring 
network, in accordance with 40 CFR part 58.'' SRCAA currently operates 
a Federal Equivalent Method (FEM) Tapered Element Oscillating 
Microbalance (TEOM) PM10 monitor. SRCAA commits to 
maintaining a PM10 NAAQS compliance monitor through the 
limited maintenance plan period to verify the attainment status of the 
area, confirm continued qualification for the limited maintenance plan 
option, and to provide a means for triggering contingency measures if 
needed. The EPA last approved the State's monitoring network in a 
letter dated October 28, 2015, included in the docket for this action. 
Table 1 shows 98th percentile PM10 monitored values at the 
site to provide a sense of trends since the area came into attainment 
in 2005.

                 Table 1--98th Percentile PM10 Trends in Micrograms per Cubic Meter [[mu]g/m\3\]
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   2005        2006        2007        2008        2009       2010       2011       2012       2013       2014
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      89          72          61          65          48         43         43         67         49         60
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[[Page 9796]]

D. Does the plan meet the Clean Air Act requirements for contingency 
provisions?

    Clean Air Act section 175A states that a maintenance plan must 
include contingency provisions, as necessary, to ensure prompt 
correction of any violation of the relevant NAAQS which may occur after 
redesignation of the area to attainment. SRCAA Regulation 1 Section 
6.15.G contains additional requirements for road paving should the EPA 
find that the Spokane area has violated the PM10 NAAQS. The 
EPA approved this provisions into the SIP on April 12, 1999 (64 FR 
17545). Similarly, Regulation 1 Sections 8.07.A.5 and 8.09 provide for 
prohibition of the use of uncertified woodstoves for the sole purpose 
of meeting Clean Air Act requirements for contingency measures, which 
the EPA approved into the SIP on January 27, 1997 (62 FR 3800). These 
contingency provisions remain in effect today.

IV. Proposed Action

    The EPA is proposing to approve the limited maintenance plan 
submitted by the State of Washington, on January 4, 2016, for the 
Spokane PM10 area. If finalized, the EPA's approval of this 
limited maintenance plan will satisfy the section 175A Clean Air Act 
requirements for the second 10-year period in the Spokane 
PM10 area. Additionally, Ecology and SRCAA requested that 
the EPA update the Washington SIP to include minor regulatory changes 
associated with the limited maintenance plan adopted in 2004 and 2007, 
since the EPA's last approval (64 FR 17545, April 12, 1999). These 
regulatory changes update and clarify the general PM10 
control measures, including minor revisions to the emission reduction 
strategies for both paved and unpaved roads. In a prior approval on 
January 27, 1997, the EPA inadvertently approved SRCAA section 6.05(A) 
which is a nuisance provision addressing the deposition of particulate 
and not related to attainment or maintenance of the NAAQS (62 FR 3800). 
Ecology and SRCAA requested, and the EPA proposes to approve, 
correcting the SIP to remove this nuisance provision. A full copy of 
the regulatory changes, in redline/strikeout format, is included in 
Appendix D of the State submittal. The EPA reviewed these changes and 
is proposing to approve and incorporate by reference the updated 
versions of SRCAA Regulation I, sections 6.05, 6.14, and 6.15, shown in 
the table below.

   Spokane Regional Clean Air Agency (SRCAA) Regulations for Proposed Approval and Incorporation by Reference
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                                                                          State/Local
         State/Local citation                    Title/Subject          effective date         Explanation
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                                                  Regulation I
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6.05..................................  Particulate Matter and                04/10/04  Except 6.05(A).
                                         Preventing Particulate Matter
                                         from Becoming Airborne.
6.14..................................  Standards for Control of              06/03/07
                                         Particulate Matter on Paved
                                         Surfaces.
6.15..................................  Standards for Control of              06/03/07
                                         Particulate Matter on Unpaved
                                         Roads.
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V. Incorporation by Reference

    In accordance with requirements of 1 CFR 51.5, the EPA is proposing 
to revise our incorporation by reference of 40 CFR 52.2470(c)--Table 9 
``Additional Regulations Approved for the Spokane Regional Clean Air 
Agency (SRCAA) Jurisdiction'' to reflect the regulations shown in the 
Proposed Action section. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 the 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).
    In addition, this proposed rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it will not impose substantial direct costs on tribal 
governments or preempt tribal law. This SIP revision is not approved to 
apply in Indian reservations in the State or any other area where the 
EPA or an Indian tribe has demonstrated that a tribe has

[[Page 9797]]

jurisdiction. Consistent with EPA policy, the EPA provided a 
consultation opportunity to the Spokane Tribe in a letter dated May 21, 
2015. The EPA did not receive a request for consultation.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: February 12, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2016-04081 Filed 2-25-16; 8:45 am]
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