[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Proposed Rules]
[Pages 4804-4806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01339]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2012-0712; FRL-9772-4]
Revision to the Washington State Implementation Plan; Tacoma-
Pierce County Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Washington Department of Ecology (Ecology)
dated November 28, 2012. This SIP revision consists of two elements
proposed for EPA approval. First, EPA is proposing to approve the
``2008 Baseline Emissions Inventory and Documentation'' included as
Appendix A to the SIP revision. The emissions inventory was submitted
to meet Clean Air Act (CAA) requirements related to the Tacoma-Pierce
County nonattainment area for the 2006 fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS).
Second, EPA is proposing to approve updated rules submitted by Ecology
on behalf of the Puget Sound Clean Air Agency (PSCAA), contained in
Appendix B, ``SIP Strengthening Rules.'' The updated PSCAA rules help
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.
DATES: Written comments must be received on or before February 22,
2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2012-0712, by any of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: [email protected].
Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of Air,
Waste and Toxics, AWT-107. Such deliveries are only accepted during
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2012-0712. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov
[[Page 4805]]
index. Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure 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. Publicly available docket materials are available
either electronically in www.regulations.gov or in hard copy during
normal business hours at the Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt at telephone number: (206)
553-0256, email address: [email protected], or the above EPA, Region 10
address.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
The following outline is provided to aid in locating information in
this preamble.
I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA promulgated the 1997 PM2.5 NAAQS,
including an annual standard of 15.0 micrograms per cubic meter ([mu]g/
m\3\) based on a 3-year average of annual mean PM2.5
concentrations, and a 24-hour (or daily) standard of 65 [mu]g/m\3\
based on a 3-year average of the 98th percentile of 24-hour
concentrations (62 FR 38652). EPA established the standards based on
significant evidence and numerous health studies demonstrating that
serious health effects are associated with exposures to
PM2.5. On October 17, 2006, EPA revised the PM2.5
24-hour standard from 65 [mu]g/m\3\ to 35 [mu]g/m\3\ based on
additional evidence and health studies (71 FR 61144).
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. Effective December 14, 2009, EPA
designated Tacoma-Pierce County (partial county designation) as a
nonattainment area for the revised 2006 24-hour PM2.5
standard (74 FR 58688; published on November 13, 2009). Under the CAA,
states are required to submit a revision to the SIP to meet
nonattainment requirements within three years of the effective date of
designation.
Prior to Washington's SIP revision submittal, EPA issued a proposed
finding on July 5, 2012, called a clean data determination, based upon
certified ambient air monitoring data showing that the Tacoma-Pierce
County nonattainment area had met the 2006 PM2.5 NAAQS for
the most recent 2009-2011 monitoring period (77 FR 39657). EPA received
no comments on the proposal and subsequently issued a final clean data
determination on September 4, 2012 (77 FR 53772). In accordance with 40
CFR 51.1004(c), the September 4, 2012 clean data determination suspends
the requirements for Washington to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and most other planning SIP
revisions related to attainment of the standard for so long as the
nonattainment area continues to meet the 2006 PM2.5 NAAQS.
However, 40 CFR 51.1004(c) does not suspend the obligation under CAA
section 172(c)(3) for submission and approval of a comprehensive,
accurate, and current inventory of actual emissions.
II. Summary of SIP Revision
Ecology's November 28, 2012 SIP revision contains two elements for
proposed EPA approval, Appendix A and Appendix B. Appendix A, titled
``2008 Baseline Emissions Inventory and Documentation,'' was submitted
to meet the obligation under CAA section 172(c)(3) for an emissions
inventory. The 2008 base year emissions inventory includes emissions
estimates that cover the general source categories of stationary point
sources, stationary nonpoint sources, nonroad mobile sources, and
onroad mobile sources. The pollutants that comprise the inventory
include PM2.5 and precursors to the formation of
PM2.5 including nitrogen oxides (NOX), volatile
organic compounds (VOCs), ammonia (NH3), and sulfur dioxide
(SO2). EPA reviewed the results, procedures and
methodologies for the 2008 base year emissions inventory in accordance
with current EPA guidance, ``Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter NAAQS and Regional Haze
Regulations,'' August 2005. The year 2008 was selected by Ecology as
the base year for the emissions inventory in accordance with 40 CFR
51.1008(b). Ecology's SIP revision contained a discussion of the
emissions inventory development process and relevant requirements, as
well as the emissions inventory. EPA agrees that the process used to
develop this emissions inventory meets the requirements of CAA section
172(c)(3), the implementing regulations, and EPA guidance for emission
inventories.
Appendix B of the SIP revision, titled ``SIP Strengthening Rules,''
contains the most recent version of Regulation 1--Article 13: Solid
Fuel Burning Device Standards, adopted by the PSCAA Board on October
25, 2012. These rule changes were adopted to help implement the
recommendations of the Tacoma-Pierce County Clean Air Task Force. This
task force was an advisory committee of community leaders, citizen
representatives, public health advocates, and other affected parties
convened from May 2011 through December 2011 to develop
PM2.5 reduction strategies for the Tacoma-Pierce County
area. The task force had three primary recommendations:
Strategy #1: Enhancing enforcement of burn bans--This
strategy is intended to ensure that those who are contributing the most
to the fine particle pollution during periods of the poorest air
quality reduce their emissions.
Strategy #2: Requiring removal of uncertified wood stoves
and inserts--The intent of this strategy is to reduce pollution by
removing the older, more polluting wood stoves and inserts from the
nonattainment area.
Strategy #3: Reducing fine particle pollution from other
sources--Approximately one-quarter to one-third of the reductions
needed to meet the federal fine particle pollution standard will be
achieved through new federal regulations and local initiatives related
to gasoline and diesel engines, ships, and industry.
The SIP revision submitted by Ecology requests EPA approval of the
revised PSCAA Regulation 1--Article 13: Solid Fuel Burning Device
Standards as a regulation that strengthens the SIP. Specifically, the
revised PSCAA regulation implements the task force strategies of
enhancing the enforcement of burn bans and requiring the removal of
uncertified wood stoves and inserts. Strategy 3 is not
included as part of this SIP revision because the emission reductions
will be achieved primarily through changes to the federal regulations
as well as ongoing efforts such as those funded under the Diesel
Emissions Reduction Act. While these strategies were recommended by the
task force specifically to address PM2.5 pollution in the
Tacoma-Pierce County nonattainment area, the rule revisions contained
in PSCAA Regulation 1--Article 13 apply throughout the jurisdiction of
Puget Sound Clean Air Agency.
[[Page 4806]]
III. Proposed Action
EPA is proposing to approve Washington's SIP revision dated
November 28, 2012, specifically Appendix A, ``2008 Baseline Emissions
Inventory and Documentation'' and Appendix B, ``SIP Strengthening
Rules.'' We have made the determination that this action is consistent
with section 110 of the CAA. EPA is soliciting public comments which
will be considered before taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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 application of those requirements would be inconsistent
with the CAA; and
Does not provide 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 approval does not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000). Consistent
with EPA policy, EPA nonetheless provided a consultation opportunity to
the Puyallup Tribe in a letter dated December 11, 2012. EPA did not
receive a request for consultation.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 7, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2013-01339 Filed 1-22-13; 8:45 am]
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