Approval and Promulgation of Designation of Areas for Air Quality Planning Purposes; Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WA-19-1-6140a; FRL-5007-2]

Approval and Promulgation of Designation of Areas for Air Quality

Planning Purposes; Washington

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves the

redesignation of Tacoma, Washington, from unclassifiable to attainment

for sulfur dioxide (SO2). On September 22, 1993, the State of

Washington, through the Washington State Department of Ecology,

submitted a request to redesignate Tacoma from unclassifiable to

attainment for sulfur (SO2). The state has met the applicable

requirements for redesignation contained in the Clean Air Act, as

amended in 1990 (CAA).

EFFECTIVE DATE: This action will be effective on October 3, 1994 unless

adverse or critical comments are received by September 6, 1994. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston,

SIP Manager, Air & Radiation Branch (AT-082), EPA, Docket WA-19-1-6140,

1200 Sixth Avenue, Seattle, Washington 98101.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, Environmental Protection Agency, 401 M Street, SW, Washington,

D.C. 20460. Copies of material submitted to EPA may be examined during

normal business hours at the following locations: EPA, Region 10, Air &

Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington

98101, and Washington State Department of Ecology, 300 Desmond Drive,

Lacey, Washington 98504.

FOR FURTHER INFORMATION CONTACT: Kelly McFadden, Air and Radiation

Branch (AT-082), EPA, Seattle, Washington 98101, (206) 553-1059.

SUPPLEMENTARY INFORMATION:

I. Background

Prior to the 1990 Clean Air Act Amendments the parabolic shaped

area of Tacoma extending approximately 3\1/2\

miles SSW from the American Smelting and Refining Company (ASARCO)

Plant was designated nonattainment for sulfur dioxide (SO2) in

relation to the national ambient air quality standards (NAAQS). 43 FR

9043 (March 3, 1978). The primary source of the pollutant in the Tacoma

area was the ASARCO copper smelter, emitting an average of 100 tons of

SO2 per year. On August 6, 1979, based on a stipulated agreement

between EPA and ASARCO which was entered in the United States Court of

Appeals for the Ninth Circuit (No. 78-1929), EPA proposed redesignation

of Tacoma from nonattainment to unclassifiable for SO2 (44 FR

45970). EPA revoked the nonattainment designation on November 30, 1979

(44 FR 68834). The redesignation was intended to defer the requirement

for a Part D (Plan Requirements for Nonattainment Areas) SIP revision.

Part D of the CAA requires an applicable implementation plan within 18

months of the designation to nonattainment. The redesignation to

unclassifiable allowed EPA to complete rulemaking action under Section

123 of the Act which would allow the use of meteorological curtailment

programs to meet ambient air quality standards if the program was in

place before 1970. The final rules interpreting Section 123 were

published by EPA on April 2, 1986. Through that publication, EPA met

the terms of the settlement agreement and was qualified to redesignate

Tacoma under Section 107 of the Act.

On September 22, 1993, the State of Washington, on behalf of the

Governor, submitted to the EPA Regional Administrator a request to

redesignate the Tacoma area from unclassifiable to attainment. The CAA

does not set forth specific requirements for areas seeking

redesignation from unclassifiable to attainment. However, the CAA

provides that an attainment area is an area that meets the national

ambient air quality standard (NAAQS) for a specific pollutant and does

not contribute to poor air quality in a nearby area that does not meet

the NAAQS for that pollutant. Therefore, at a minimum, an area needs to

meet the NAAQS in order to be redesignated from unclassifiable to

attainment.

Ambient air quality monitoring from 1980 through 1993 shows

attainment of the SO2 NAAQS in the Tacoma area. The National Air

Monitor System (NAMS) and State/Local Air Monitor System (SLAM)

monitoring locations changed throughout the 11 years. The NAMS

locations include 54th Ave NE, Alexander Ave, 26th and Pearl, Mt Tacoma

High School, and Benny's Nursery. Moreover, the state and local

standards for air quality are more stringent than the NAAQS, and

exceedances have not been recorded for either of these standards since

the ASARCO copper smelter plant ceased operation as of March 1984.

Therefore, EPA has determined that the SO2 NAAQS in the Tacoma

area has been attained.

EPA is further assured that the area will remain in attainment

because the ASARCO Copper Smelter, the primary source of SO2

emissions, permanently ceased operations in March 1984. ASARCO's

permanent closure is strengthened by the stack demolition that occurred

on January 17, 1993. After the copper smelter ceased operation there

was a considerable decrease in sulfur dioxide emissions, as indicated

by the continuing emission monitoring of the Tacoma area.

II. This Action

EPA, in this action, is redesignating Tacoma from unclassifiable to

attainment for sulfur dioxide. This action is being taken without prior

proposal because the changes are noncontroversial, the State has

demonstrated that the area has attained the standard and that the

primary source of SO2 emissions has permanently ceased operation.

Therefore, EPA anticipates no adverse comments on this action.

III. Administrative Review

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, Part D of the CAA

do not create any new requirements, but simply approve requirements

that the state is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective October 3, 1994 unless, within 30 days of its publication,

adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective October 3, 1994.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the 1990 Clean Air

Act Amendments enacted on November 15, 1990. The EPA has determined

that this action conforms with those requirements.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic and

environmental factors and in relation to relevant statutory and

regulatory requirements.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The OMB has exempted this regulatory action from

E.O. 12866 review.

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 October 3, 1994. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule 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), 42 U.S.C.

7607(b)(2).

List of Subjects in 40 CFR Parts 52 and 81

Environmental protection, Air pollution control, Incorporation by

reference, Sulfur oxides, National parks, Wilderness areas.

Dated: June 23, 1994.

Gerald A. Emison,

Acting Regional Administrator.

Note: Incorporation by reference of the Implementation Plan for

the State of Washington was approved by the Director of the Office

of Federal Register on July 1, 1982.

Parts 52 and 81, chapter I, title 40 of the Code of Federal

Regulations is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart WW--Washington

2. Section 52.2470 is amended by adding paragraph (c)(44) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(44) On September 22, 1993, the state of Washington, through the

Washington State Department of Ecology, submitted a request to

redesignate Tacoma to attainment for sulfur dioxide (SO2).

(i) Incorporation by reference.

(A) September 22, 1993 letter from Washington State Department of

Ecology to EPA Region 10 submitting a redesignation request for the

Tacoma SO2 Air Quality Maintenance Area (AQMA).

PART 81--[AMENDED]

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

Authority: 42 U.S.C. 7407, 7501-7515, 7601.

2. Section 81.348 is amended in the table for ``Washington-

SO2'' by removing the indication, X, in the column ``Cannot be

classified'' and adding it in the column ``Better than national

standards'' for Tacoma to read as follows:

Sec. 81.348 Washington.

* * * * *

Washington--SO2

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Better

Does not meet primary Does not meet than

Designated area standards secondary standards Cannot be classified national

standards

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Puget Sound Intrastate AQCR

229:

Tacoma-a parabolic ...................... ...................... ...................... x

shaped area extending

approximately 3\1/2\

miles SSW from the

ASARCO copper smelter.

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[FR Doc. 94-18996 Filed 8-3-94; 8:45 am]

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