Approval and Promulgation of Implementation Plans: Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA5-1-5539a; FRL-5309-1]

Approval and Promulgation of Implementation Plans: Washington

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) approves a revision to

the State implementation plan (SIP) submitted by the State of

Washington for the purpose of bringing about the attainment of the

national ambient air quality standards (NAAQS) for particulate matter

with an aerodynamic diameter less than or equal to a nominal 10

micrometers (PM-10). The implementation plan was submitted by the State

to satisfy certain Federal requirements for an approvable moderate

nonattainment area PM-10 SIP for Tacoma, Washington. On October 12,

1994, EPA approved certain separable sections and conditionally

approved other sections of the Tacoma PM-10 SIP revision (59 FR 51506

(October 12, 1994)). In this action, EPA finds the State has fulfilled

the terms of the conditional approval and that the SIP submitted fully

satisfies the requirements of the Federal Clean Air Act.

DATES: This action is effective on December 26, 1995 unless adverse or

critical comments are received by November 24, 1995. 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, 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,

DC 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, 4450 Third Avenue

SE., Lacey, Washington 98504.

FOR FURTHER INFORMATION CONTACT: Claire Hong, Air & Radiation Branch

(AT-082), EPA, 1200 Sixth Avenue, Seattle, Washington 98101, (206) 553-

1813.

SUPPLEMENTARY INFORMATION:

I. Background

The Tacoma, Washington, area was designated nonattainment for PM-10

and classified as moderate under sections 107(d)(4)(B) and 188(a) of

the Clean Air Act (CAA), upon enactment of the Clean Air Act Amendments

(CAAA) of 1990.\1\ See 56 FR 56694 (November 6, 1991) (official

designation codified at 40 CFR 81.348). The air quality planning

requirements for moderate PM-10 nonattainment areas are set out in

subparts 1 and 4 of Part D, Title I of the Act.\2\ EPA has issued a

``General Preamble'' describing EPA's preliminary views on how EPA

intends to review SIPs and SIP revisions submitted under Title I of the

Act, including those State submittals containing moderate PM-10

nonattainment area SIP requirements (see generally 57 FR 13498 (April

16, 1992) and 57 FR 18070 (April 28, 1992)). Because EPA is describing

its interpretations here only in broad terms, the reader should refer

to the General Preamble for a more detailed discussion of the

interpretations of Title I advanced in this document and the supporting

rationale. In this rulemaking action on the State of Washington's

moderate PM-10 SIP for the Tacoma nonattainment area (referred to as

Tacoma or the Tacoma Tideflats), EPA is applying its interpretations

taking into consideration the specific factual issues presented.

Additional information supporting EPA's action on this particular area

is available for inspection at the addresses indicated above. Those

States containing initial moderate PM-10 nonattainment areas (those

areas designated nonattainment under CAA section 107(d)(4)(B)) were

required to submit, among other things, the following provisions by

November 15, 1991:

\1\The 1990 Amendments to the Clean Air Act made significant

changes to the Act. See Pub. L. No. 101-549, 104 Stat. 2399.

References herein are to the Clean Air Act, as amended (``the

Act''). The Clean Air Act is codified, as amended, in the U.S. Code

at 42 U.S.C. sections 7401, et seq.

\2\Subpart 1 contains provisions applicable to nonattainment

areas generally and subpart 4 contains provisions specifically

applicable to PM-10 nonattainment areas. At times, subpart 1 and

subpart 4 overlap or conflict. EPA has attempted to clarify the

relationship among these provisions in the ``General Preamble'' and,

as appropriate, in today's notice and supporting information.

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1. Provisions to ensure that reasonably available control measures

(RACM) (including such reductions in emissions from existing sources in

the area as may be obtained through the adoption, at a minimum, of

reasonably available control technology (RACT)) shall be implemented no

later than December 10, 1993;

2. Either a demonstration (including air quality modeling) that the

plan will provide for attainment as expeditiously as practicable but no

later than December 31, 1994, or a demonstration that attainment by

that date is impracticable;

3. Quantitative milestones which are to be achieved every three

years and which demonstrate reasonable further progress (RFP) toward

attainment by December 31, 1994; and

4. Provisions to ensure that the control requirements applicable to

major stationary sources of PM-10 also apply to major stationary

sources of PM-10 precursors except where the Administrator determines

that such sources do not contribute significantly to PM-10 levels which

exceed the NAAQS in the area (see sections 172(c), 188, and 189 of the

Act).

Additional provisions are due at a later date. States with initial

moderate PM-10 nonattainment areas were required to submit a permit

program for the construction and operation of new and modified major

stationary sources of PM-10 by June 30, 1992 (see CAA section 189(a)).

The Washington State Department of Ecology (WDOE) submitted the new

source review requirements for this area, which were approved by EPA on

August 29, 1994 (59 FR 44385).

Such States also were required to submit contingency measures by

November 15, 1993, which become effective without further action by the

State or EPA, upon a determination by EPA that the area has failed to

achieve RFP or to attain the PM-10 NAAQS by the applicable statutory

deadline (see CAA section 172(c)(9) and 57 FR 13510-13512 and 13543-

13544). EPA addresses the contingency measures the State has submitted

for Tacoma below.

II. This Action

In this action, EPA is granting full approval of the plan revisions

submitted to EPA for Tacoma, Washington on

[[Page 54600]]

November 15, 1991, June 30, 1994 and May 2, 1995 (hereafter generally

referred to as a single submittal). On October 12, 1994, EPA approved

certain separable sections and conditionally approved other sections of

the Tacoma PM-10 SIP revision (59 FR 51506 (October 12, 1994)). At that

time, EPA fully approved the separable exclusion from precursor

controls, the monitoring network, the procedures for consultation and

public notification, the provisions for revising the plan and the

adequacy of funding and authority. As such, those portions of the

submittal will not be discussed in this Federal Register. In that same

document, EPA granted conditional approval of other major portions of

the submission on the condition that Washington adopt and submit to EPA

specific industrial control orders with enforceable emission limits by

January 1, 1995 for the following facilities located in the Tacoma

nonattainment area: Simpson Tacoma Kraft Company (Simpson), Kaiser

Aluminum and Chemical Corporation (Kaiser), Buffelen Woodworking,

Continental Grain, Continental Lime, Domtar Gypsum, Puget Sound

Plywood, USG Interiors, US Oil & Refining, and Woodworth. In May 1995,

the State submitted a Supplement to the PM-10 State Implementation Plan

which included these enforceable emission limits, demonstrations of

attainment and maintenance and contingency measures, thus fulfilling

the conditions of the conditional approval. In this document, EPA finds

the SIP submittal meets the requirements established under the Clean

Air Act.

Analysis of State Submission

1. Procedural Background

Section 110(a)(2) of the Act provides that each implementation plan

submitted by a State must be adopted after reasonable notice and public

hearing.\3\ Section 110(l) of the Act similarly provides that each

revision to an implementation plan submitted by a State under the Act

must be adopted by such State after reasonable notice and public

hearing. The EPA also must determine whether a submittal is complete

and therefore warrants further EPA review and action (see CAA section

110(k)(1) and 57 FR 13565). EPA's completeness criteria for SIP

submittals are set out at 40 CFR part 51, appendix V.

\3\Also Section 172(c)(7) of the Act requires that plan

provisions for nonattainment areas meet the applicable provisions of

section 110(a)(2).

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The State of Washington Department of Ecology (WDOE) conducted a

public hearing to receive public comment on a supplement to the State

implementation plan revision for PM-10 in Tacoma on February 8, 1995.

WDOE adopted the implementation plan for the area and submitted it to

EPA on May 2, 1995. A letter dated May 11, 1995 was forwarded to the

WDOE indicating the completeness of the submittal.

2. PM-10 Emissions Inventory

Section 172(c)(3) of the Act requires that nonattainment plan

provisions include a comprehensive, accurate and current inventory of

actual emissions from all sources of relevant pollutants in the

nonattainment area. The emissions inventory should also include a

comprehensive, accurate and current inventory of allowable emissions in

the area. See, e.g., CAA section 110(a)(2)(K). Because the submission

of such inventories is necessary to an area's attainment demonstration

(or demonstration that the area cannot practicably attain), the

emissions inventories must be received with the attainment/

nonattainment demonstration submission (see 57 FR 13539).

In the submissions previous to 1995, WDOE submitted an emissions

inventory that was based on estimated actual emissions for the base

year of 1987, the attainment year of 1994, and maintenance year of

1997. However, this emissions inventory reflected estimated actual

emissions, not allowable limits. As was discussed in the October 12,

1994 Federal Register document and the associated Technical Support

Document, the use of estimated actual rather than allowable emissions

means that these emission levels in the emissions inventory are not

enforceable, and thus the emissions inventory was not approvable (59 FR

51506).

The May 1995 submission included consent orders that established

allowable emission limits for major point sources in the Tacoma

Tideflats. The 1995 submission also included a revised emissions

inventory that based its 1994 and 1997 attainment and maintenance

demonstrations on the emission levels in these consent orders. Thus,

the emissions inventory evaluated here includes the 1987 base year

inventory (based on estimated actual emissions) included in the 1991

submission, and the revised 1994 attainment and 1997 maintenance

demonstrations (based on the new allowable emission limits) included

the 1995 submission. For sources within the nonattainment area, the

emissions inventory provides a comprehensive list of particulate

sources and utilizes appropriate factor and estimations that were

available at the time the SIP revision was prepared. The emissions

inventory cites industrial point sources and area sources as the

largest contributors of PM-10 in the area. The emissions inventory

shows no growth in industrial point or fugitive sources between 1994

and 1997 due to the new emission limits imposed on those sources.

Mobile source emissions are estimated to increase approximately eight

percent between 1994 and 1997. This increase is slightly offset by

reductions due to lower sulfur fuel content and implementation of an

inspection and maintenance program for diesel engines.

As discussed in the October 12, 1994 Federal Register document and

in the Technical Support Document accompanying that document, EPA found

that there is a substantial weight of evidence that residential wood

combustion imported into the nonattainment area is a significant

contributor to PM-10 in the Tacoma Tideflats. WDOE included an

increased estimate of imported residential wood combustion in its

attainment and maintenance demonstrations, although WDOE did not

specifically list it as a source category in the 1995 emissions

inventory. EPA has reviewed and approves the emissions inventory for

the Tacoma Tideflats.

3. RACM (Including RACT)

As noted, the initial moderate PM-10 nonattainment areas must

submit provisions to ensure that RACM (including RACT) are implemented

no later than December 10, 1993 (see CAA sections 172(c)(1) and

189(a)(1)(C)). The General Preamble contains a detailed discussion of

EPA's interpretation of the RACM (including RACT) requirement (see 57

FR 13539-45 and 13560-61).

In broad terms, the State should identify available control

measures evaluating them for their reasonableness in light of the

feasibility of the controls and the attainment needs of the area. A

State may reject available control measures if the measures are

technologically infeasible or the cost of the control is unreasonable.

In addition, RACM, does not require controls on emissions from sources

that are insignificant (i.e. de minimis) and RACM does not require the

implementation of all available control measures where an area

demonstrates timely attainment of the NAAQS and the implementation of

additional controls would not expedite attainment. 57 FR 13540-44.

Washington's control strategy for the Tacoma area provides for

attainment of the 24-hour standard based on control of industrial

emissions, fugitive industrial

[[Page 54601]]

emissions including resuspended road dust, and residential wood

combustion. The Tacoma PM-10 plan includes enforceable consent orders

that establish allowable emission limits for industrial point sources

as well as fugitive emissions.

a. Industrial Controls

At first glance, the emissions inventory shows an apparent increase

of 481 kg/day of PM-10 emissions from industrial point sources from

1987 to 1994. In reviewing these numbers, however, it should be

remembered that this apparent increase is based on a comparison of

unlike numbers: that is, the 1987 numbers are the estimated historical

``actual'' emission rates while the 1994 numbers are the current

``allowable'' emission limits as reflected in enforceable orders. Had

the emissions inventory compared 1987 allowable limits to 1994

allowable limits, there would have been a decrease in the allowable

emissions of several thousand kilograms of PM-10 per day. Therefore,

contrary to its initial appearance, the emissions inventory reflects a

decrease in allowable emissions. Additionally, two facilities,

Woodworth and Puget Sound Plywood, located in the Tideflats have

permanently ceased operation after the 1987 emissions were calculated

without banking any emission reduction credits, resulting in an

unquestionable decrease in these point source emissions. This issue of

``actuals'' versus ``allowables'' is discussed in the October 12, 1994

Federal Register document on the Tacoma Tideflats and its associated

Technical Support Document (59 FR 51506 (October 12, 1994)).

The consent orders included in the May 1995 submission and in

previous submissions establish enforceable emission limits for the

major point sources in the Tideflats. Emission units regulated by these

orders include baghouses, dryers, oil burners and major ducts and

vents. In addition to specifying emission limits, these orders also

establish test methods for compliance.

b. Industrial Fugitive and Resuspended Road Dust

The Tacoma emission inventory identified industrial fugitive

emissions and resuspended road dust as significant contributors of

particulate matter to the airshed. The Puget Sound Air Pollution

Control Agency (PSAPCA) is a local air pollution control agency that

has jurisdiction over four counties in Washington State; PSAPCA's

jurisdiction includes the Tacoma Tideflats. PSAPCA's fugitive dust

regulation (Regulation I, section 9.15) was designed to reduce fugitive

dust from commercial and industrial activities and also to reduce dust

emissions from paved and unpaved roads and parking lots.

PSAPCA requires ``Best Available Control Technology (BACT)'' under

section 9.15 for all fugitive emissions from all incinerators, boilers,

manufacturing equipment and air pollution control equipment. For the

reasons described in the October 12, 1994 Federal Register and

accompanying Technical Support Document, EPA finds that these area

controls are reasonable and appropriate (59 FR 51508).

c. Residential Wood Combustion

There is a substantial body of evidence indicating that imported

residential wood combustion is a large source of Tacoma's PM-10 (See 59

FR 51506 and the accompanying Technical Support Document for further

discussion of imported residential wood combustion). In the May 1995

submission, WDOE modified its demonstrations of attainment and

maintenance to account for the significant influx of residential wood

combustion. WDOE also claimed a 70 percent reduction credit for

imposition of a mandatory residential woodstove ban in PSAPCA's four-

county jurisdiction. (See 59 FR 51509 and the accompanying Technical

Support Document for a description of the specifics of the mandatory

woodstove curtailment program). In the October 12, 1994 conditional

approval, EPA evaluated and accepted the 70 percent emission reduction

credit associated with the woodstove curtailment program.

The Tacoma SIP identifies industrial point sources, industrial

fugitives, residential wood combustion and re-entrained road dust as

significant sources of PM-10 in the airshed. The SIP then provides

emissions limits for the industrial sources, and cites regulatory

programs with a broad array of controls to address area sources.

In the Tacoma situation, EPA believes the significant sources, as

well as several less significant sources, of PM-10 in the area have

been reasonably controlled. EPA believes implementation of additional

controls in this area would not expedite attainment.

4. Demonstration

As noted, the initial moderate PM-10 nonattainment areas must

submit a demonstration (including air quality modeling) showing that

the plan will provide for attainment as expeditiously as practicable

but no later than December 31, 1994 (see section 189(a)(1)(B) of the

Act). The General Preamble sets out EPA's guidance on the use of

modeling for moderate area attainment demonstrations (57 FR 13539).

Alternatively, if the State does not submit a demonstration of

attainment, the State must show that attainment by December 31, 1994,

is impracticable (CAA section 189(a)(1)(B)(ii)).

The May 1995 submission included revised demonstrations of

attainment and maintenance. WDOE's demonstrations used rollback, a

modified demonstration of attainment or maintenance. The guidelines for

using rollback are outlined in EPA guidance (Attachment 5 of ``PM-10

Moderate Area SIP Guidance: Final Staff Work Product,'' April 2, 1990).

As discussed in the Technical Support Document associated with the

October 12, 1994 action, Tacoma's SIP meets the criteria for using

rollback. This action reviews the adequacy of the rollback analysis

included in the 1995 submission.

In the October 12, 1994 action granting conditional approval to the

Tacoma PM-10 SIP, EPA noted that WDOE had not adequately addressed the

evidence indicating that residential wood combustion was a significant

source of particulate matter in the Tideflats (59 FR 51510). Therefore,

in the 1995 submission, WDOE relied on a rollback demonstration to

account for the impact of imported residential wood combustion. WDOE

estimates that approximately 40 percent of the PM-10 in the Tacoma

Tideflats on the design day is attributable to imported residential

wood combustion. As mentioned above, EPA has found that the mandatory

residential wood combustion curtailment program, implemented by PSAPCA

throughout a four county area, is approximately 70 percent effective

(See 59 FR 51509 and the accompanying Technical Support Document for

further discussion). Therefore, granting an emission reduction credit

for a residential woodstove curtailment program is appropriate since

the curtailment program applies to the Tideflats and all contiguous and

surrounding areas. After accounting for the reduction in particulate

matter due to the efficiency of the curtailment program, the rollback

analysis presented in the 1995 submission shows that the limits in the

emissions inventory for 1994 would be sufficient to attain the PM-10

NAAQS in 1994 and to maintain the standard in 1997. Further, there has

been no

[[Page 54602]]

measured exceedance of the PM-10 NAAQS for nearly five years. EPA

approves the demonstrations of attainment and maintenance submitted in

the Tacoma PM-10 SIP.

5. Quantitative Milestones and Reasonable Further Progress (RFP)

The PM-10 nonattainment area plan revisions demonstrating

attainment must contain quantitative milestones which are to be

achieved every three (3) years until the area is redesignated

attainment and which demonstrate RFP, as defined in section 171(1),

toward attainment by December 31, 1994 (see section 189(c) of the Act).

Reasonable further progress is defined in CAA section 171(1) as such

annual incremental reductions in emissions of the relevant air

pollutant as are required by Part D of the Act or may reasonably be

required by the Administrator for the purpose of ensuring attainment of

the applicable NAAQS by the applicable date.

While section 189(c) plainly provides that quantitative milestones

are to be achieved until an area is redesignated attainment, it is

silent in indicating the starting point for counting the first 3-year

period or how many milestones must be initially addressed. In the

General Preamble, EPA addressed the statutory gap in the starting point

for counting the 3-year milestones, indicating that it would begin from

the due date for the applicable implementation plan revision containing

the control measures for the area (i.e., November 15, 1991 for initial

moderate PM-10 nonattainment areas). See 57 FR 13539. As to the number

of milestones, EPA believes that at least two milestones must be

initially addressed. Thus, submittals to address the SIP revisions due

on November 15, 1991 for the initial moderate PM-10 nonattainment areas

must demonstrate timely attainment of the PM-10 NAAQS, the second

milestone should, at a minimum, provide for continued maintenance of

the standards.4

\4\Section 189(c) provides that quantitative milestones are to

be achieved ``until the area is redesignated attainment.'' However,

this endpoint for quantitative milestones is speculative because

redesignation of an area as attainment is contingent upon several

factors and future events.

EPA believes it is unreasonable to require planning for each

nonattainment area to cover quantitative milestones years into the

future because of the possibility that such time may elapse before

an area is in fact redesignated attainment. On the other hand, EPA

believes it is reasonable for States initially to submit a

sufficient number of milestones to ensure that there is continuing

air quality protection beyond the attainment deadline. Addressing

two milestones will ensure that the State continues to maintain the

NAAQS beyond the attainment date for at least some period during

which an area could be redesignated attainment. However, in all

instances, additional milestones must be addressed if an area is not

redesignated attainment within the time period covered by the

initial milestones.

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In implementing RFP for this initial moderate area, EPA has

reviewed the attainment demonstration and control strategy for the area

to assess whether the initial milestones have been satisfied and to

determine whether annual incremental reductions, different from those

provided in the SIP, should be required in order to ensure attainment

of the PM-10 NAAQS by December 31, 1994 (see CAA section 171(1)). As

indicated, the State of Washington's PM-10 SIP for Tacoma demonstrates

attainment in 1994 and maintenance through 1997, and therefore

satisfies RFP and initial quantitative milestones (see 57 FR 13539).

CAA section 110(k)(4).

6. Enforceability Issues

All measures and other elements in the SIP must be enforceable by

WDOE and EPA (see CAA sections 172(c)(6), 110(a)(2)(A) and 57 FR

13556). EPA criteria addressing the enforceability of SIP's and SIP

revisions were stated in a September 23, 1987, memorandum (with

attachments) from J. Craig Potter, Assistant Administrator for Air and

Radiation, et al. (see 57 FR 13541). Nonattainment area plan provisions

must also contain a program that provides for enforcement of the

control measures and other elements in the SIP (see CAA section

110(a)(2)(C)).

WDOE's control measures and regulations for control of particulate

matter, which are contained in the SIP, are addressed above under the

section headed ``RACM (including RACT).'' These control measures apply

to the types of activities identified in that discussion including, for

example, point source emissions; fugitive emissions from point sources;

vehicle resuspended road dust; and residential wood combustion. The SIP

provides that the affected activities will be controlled throughout the

entire nonattainment area. For measures controlling area source

emissions, the control measures apply in the entire nonattainment area

as well as in the four-county jurisdiction of PSAPCA, as in the case of

the residential woodstove curtailment program.

The Technical Support Document accompanying the October 12, 1994

Federal Register document provides a description of the rules contained

in the SIP and the source types subject to them; test methods and

compliance schedules; malfunction provisions; excess emission

provisions; correctly cited references of incorporated methods/rules;

and reporting and recordkeeping requirements.

Both WDOE and PSAPCA have responsibilities in the implementation

and enforcement of control measures in the Tacoma nonattainment area.

PSAPCA retains authority over all area sources and all but the two

stationary sources in Tacoma that are regulated by WDOE. EPA considers

PSAPCA's staffing level adequate to ensure that the Tacoma attainment

plan is fully implemented. As a necessary adjunct of its enforcement

program, PSAPCA also has broad powers to adopt rules and regulations,

issue orders, assess penalties, require access to records and

information, and receive and disburse funds. WDOE has adequate

authority to implement and enforce the plan in the event PSAPCA fails

to make a good faith effort to implement and/or enforce the

regulations.

The two point sources in the Tacoma nonattainment area not under

PSAPCA's jurisdiction are the Simpson Tacoma Kraft Company and Kaiser

Aluminum and Chemical Corporation. These sources are regulated by WDOE.

WDOE's legal authorities, personnel and funding sources are discussed

in the Technical Support Document that accompanies the October 12, 1994

Federal Register. EPA finds these authorities and funding mechanisms

adequate to ensure that the State will be able to enforce the control

measures in the Tacoma nonattainment area.

7. Contingency Measures

As provided in section 172(c)(9) of the Act, all moderate

nonattainment area SIP's that demonstrate attainment must include

contingency measures (see generally 57 FR 13510-13512 & 13543-44).

These measures must be submitted by November 15, 1993, for the initial

moderate nonattainment areas. Contingency measures should consist of

other available measures that are not part of the area's core control

strategy. These measures must take effect without further action by the

State or EPA, upon a determination by EPA that the area has failed to

make RFP or attain the PM-10 NAAQS by the applicable statutory

deadline.

The May 1995 submission of the Tacoma PM-10 SIP changed the

contingency measures submitted to EPA for inclusion in the SIP.

Previous submissions included two contingency measures related to

mobile sources: a sulfur reduction in fuels program and the inspection

and maintenance program for diesel engines as the contingency measures

for the Tacoma Tideflats. These contingency measures

[[Page 54603]]

were not fully approved because their adequacy could not be fully

evaluated in the absence of an approved attainment demonstration.

Therefore, EPA conditionally approved these measures based on the

WDOE's commitment to submit enforceable emission limits for the

stationary sources in the nonattainment area and to demonstrate

attainment without relying on the reductions to be achieved from the

implementation of the contingency measures (59 FR 51513).

In the May 1995 submission, WDOE acknowledged that the

establishment of an inspection and maintenance program and the

reduction in sulfur content of on-highway diesel fuel were already in

place. Therefore, WDOE used the emission reduction credits associated

with these measures as part of their attainment and maintenance

demonstrations, and submitted a new contingency measure, a geographic

ban on uncertified woodstoves.

The new contingency measure is the implementation of a year-round

prohibition on the use of uncertified woodstoves in an area to be

defined by PSAPCA. This ban on uncertified woodstoves is authorized by

the Washington Clean Air Act, 70.94.473 and PSAPCA's Regulation I

section 13.07. Pursuant to those authorities, if EPA makes written

findings that an area has failed to attain or maintain the national

ambient air quality standard and, in consultation with WDOE, finds that

the emissions from solid fuel burning devices are a contributing factor

to such failure to attain or maintain the standard, then the use of

woodstoves not meeting the standards set forth in RCW 70.94.457 shall

be prohibited within the area that PSAPCA has determined contributed to

the violation.

The SIP states that the contingency measure would be ``activated''

one year after the EPA makes its findings that the standard has been

violated and that woodstoves are a contributing factor. EPA recognizes

that this language would seem to contradict the requirement that the

contingency measure be implemented immediately. However, EPA believes

this to be a semantic difference. In order for the ban to be in place

and fully operational within one year, PSAPCA would initiate

implementation of the ban immediately. In light of the severity and

extent of this ban, a one year phase-in period is reasonable.

This contingency measure is authorized by both the State and

PSAPCA's regulations and will take effect immediately upon EPA finding

that the standard has been violated and that woodstoves are a

contributing factor. EPA approves the contingency measure.

III. Implications of this Action

EPA fully approves the plan revisions submitted to EPA for the

Tacoma, Washington, PM-10 nonattainment area on November 15, 1991, June

30, 1994, and May 1995. In a previous Federal Register document, EPA

approved the separable exclusion from precursor controls; the

monitoring network; the procedures for consultation and public

notification; the provisions for revising the plan and the adequacy of

funding and authority. 59 FR 51506 (October 12, 1994) In this action,

EPA fully approves the control measures for industrial sources,

residential wood combustion and industrial and road fugitives; the

emissions inventory; the attainment demonstration; the maintenance

demonstration; the enforceability of control measures; the contingency

measures and the quantitative milestones and reasonable further

progress provisions.

IV. 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).

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

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 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

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 December 26, 1995 unless, by November 24, 1995 adverse or

critical comments are received.

[[Page 54604]]

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

before the effective date by publishing a subsequent document 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 December 26, 1995.

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 December 26, 1995. 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 Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Particulate matter, Reporting and recordkeeping

requirements.

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.

Dated: September 22, 1995.

Charles Findley,

Acting Regional Administrator.

Part 52, 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)(57) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(57) On May 2, 1995, WDOE submitted to EPA revisions to the

Washington SIP addressing the conditional approval of the State

Implementation Plan (SIP) for particulate matter (PM10) in the Tacoma

TIdeflats PM10 Nonattainment Area.

(i) Incorporation by reference.

(A) May 2, 1995 letter from WDOE to EPA Region submitting the SIP

revision for Particulate Matter in the Tacoma Tideflats, A Plan for

Attaining and Maintaining the National Ambient Air Quality Standard for

PM10, Supplement May 1995, adopted on May 4, 1995.

[FR Doc. 95-26466 Filed 10-24-95; 8:45 am]

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