[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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