[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.
* * * * *
(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.
* * * * *
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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