Approval and Promulgation of State Implementation Plans: Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA7-1-5542; FRL-5343-2]

Approval and Promulgation of State Implementation Plans:

Washington

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this action, Environmental Protection Agency (EPA) invites

public comment on its proposed granting of a temporary waiver of the

attainment date for the Wallula, Washington particulate nonattainment

area. This is based on EPA's review of the State implementation plan

(SIP) revision submitted by the State of Washington for the purpose of

bringing about 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 Clean Air Act

requirements for an approvable moderate nonattainment area PM-10 SIP

for a geographic area referred to as Wallula, Washington due on

November 15, 1991.

DATES: Comments on this proposed action must be postmarked by January

8, 1996.

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

SIP Manager, United States Environmental Protection Agency, Air

Programs Branch (AT-082), 1200 Sixth Avenue, Seattle, Washington 98101.

Copies of the State's submittals and other information supporting

this proposed action are available for inspection during normal

business hours at the following locations: United States Environmental

Protection Agency, Office of Air, 1200 Sixth Avenue (AT-082), Seattle,

Washington 98101, and the State of Washington Department of Ecology,

4450 Third Ave. SE, Lacey, Washington 98504.

FOR FURTHER INFORMATION CONTACT: George Lauderdale, Office of Air (AT-

082), US Environmental Protection Agency, 1200 Sixth Avenue, Seattle,

Washington 98101, (206) 553-6511.

SUPPLEMENTARY INFORMATION:

I. Background

The Wallula, 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, by operation of law upon enactment of the Clean Air

Act Amendments of 1990.1 See 56 FR 56694 (Nov. 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 The EPA has

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

EPA intends to review SIP's 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 proposal and the supporting

rationale. In this rulemaking action on the Washington moderate PM-10

SIP for the Wallula nonattainment area, EPA is proposing to apply 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 address indicated

above. EPA will consider any timely submitted comments before taking

final action on today's proposal.

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

changes to the Act. See Pub. L. 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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Those States containing initial moderate PM-10 nonattainment areas

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

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

November 15, 1991:

1. Provisions to assure 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 3 years

and which demonstrate reasonable further progress (RFP) toward

attainment by December 31, 1994; and

4. Provisions to assure 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.

Some provisions were due at a date later than November 15, 1991.

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

section 189(a)). Such States also were 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 section 172(c)(9) and 57 FR 13543-44).

II. Today's Action

Section 110(k) of the Act sets out provisions governing EPA's

review of SIP submittals (see 57 FR 13565-66). For PM-10 nonattainment

areas Section 188(f), Waivers for Certain Areas, can apply as well.

In this action, EPA is proposing to grant a temporary waiver of the

attainment date for the Wallula nonattainment area. Discussion of EPA's

requirements for a temporary waiver are detailed in 59 FR 41998-42017

(August 16, 1994). In this guidance EPA provides certain flexibility

for areas where the significance of anthropogenic and nonanthropogenic

sources is unknown. The Washington Department of Ecology (Ecology) has

presented preliminary data, based on a crude emission inventory of

eastern Washington, indicating that nonanthropogenic sources may be

significant in the Wallula situation. EPA

[[Page 63020]]

proposes to accept this preliminary information and grant a temporary

waiver of the moderate area attainment date to allow Ecology and EPA to

evaluate further the Wallula nonattainment area. Once the evaluation is

completed, and/or the temporary waiver expires, EPA will make a final

determination on the plan for the Wallula nonattainment area, including

the applicability of a permanent waiver for the area.

The preliminary information presented by Ecology to date indicates

that windblown dust from both anthropogenic and nonanthropogenic

sources are impacting the Columbia Plateau geographic area which

includes most of eastern Washington as well as northern Idaho and

northeastern Oregon. In addition, the primary sources causing

exceedences of the PM-10 standard may be many miles outside of the

currently designated nonattainment areas in the Columbia Plateau

region. Additional monitoring has been initiated in the region to

evaluate further the extent of the problem. Extensive analysis is being

done to distinguish anthropogenic sources from nonanthropogenic

sources.

If granted, the proposed temporary waiver will extend the

attainment date to December 31, 1997. The temporary three-year waiver

will provide Ecology and EPA sufficient time to determine conclusively

the significance of anthropogenic and nonanthropogenic PM-10 sources

that are impacting the area. As required in the EPA guidance, Ecology

and EPA are proceeding under a written agreement which sets out the

protocol for both technical analysis (emission inventory, emission

factor development, dispersion modeling, receptor modeling, etc.) and

evaluation of alternative control measures, including Best Available

Control Measures. The activities required under the protocol are

generally referred to as the Columbia Plateau PM-10 Project funded by

EPA, Ecology and USDA. Cooperating agencies include USDA's Agricultural

Research Service and Natural Resources Conservation Service, as well as

several local conservation districts, Washington State University the

University of Idaho, and others. Once the technical information from

this project is finalized, EPA will determine if a permanent waiver of

the attainment date is appropriate for the Wallula area or if the area

should be reclassified as a serious PM-10 nonattainment area.

The temporary waiver of the attainment date, if finalized by EPA,

will defer approval/disapproval actions on several otherwise required

elements of the moderate area plan for Wallula. The submission of the

attainment demonstration, emission inventory, and contingency measures

will be deferred. EPA will take final action on these elements after

the analysis is completed and/or the expiration of the temporary waiver

along with a decision on the eligibility of the area for a permanent

waiver. EPA's reasoning for this approach is described in more detail

under the various SIP element headings of this notice.

The Wallula plan was submitted to EPA on November 15, 1991. Ecology

also submitted additional information on May 18, 1993 which further

described the control measures being implemented in the area (letter

from Joseph R. Williams to Jim McCormick, forwarding a report titled,

``Addendum to the State Implementation Plan for the Wallula PM-10

Nonattainment Area, Reasonably Available Control Measure Analysis'',

undated). Additional information describing the status of the control

measures and forwarding an analysis of windblown dust in the area was

submitted on June 23, 1994 (letter from Joseph R. Williams to Jim

McCormick). In a June 1, 1995, letter Ecology provided information on

allowable emissions. Finally, Ecology forwarded a revised emission

inventory for point sources within the nonattainment area on September

6, 1995 (letter from Joseph R. Williams to Michael A. Bussell).

EPA is proposing to approve the exclusion from precursor controls

as described in part II. 5 below. EPA invites public comment on the

proposed action described in this section.

A. Analysis of State Submission

1. Procedural Background

The Act requires States to observe certain procedural requirements

in developing implementation plans and plan revisions for submission to

EPA. 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 section

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

submittals are set out at 40 CFR Part 51, Appendix V (1992). The EPA

attempts to make completeness determinations within 60 days of

receiving a submission. However, a submittal is deemed complete by

operation of law if a completeness determination is not made by EPA six

months after receipt of the submission.

\3\ 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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Ecology held a public hearing to receive public comment on the

Wallula implementation plan on October 23, 1991. WDOE adopted the

implementation plan for the area on November 14, 1991 and the plan was

submitted to EPA on November 15, 1991. The SIP submittal was reviewed

by EPA to determine completeness in accordance with the completeness

criteria set out at 40 CFR Part 51, Appendix V. A letter dated May 5,

1992, was forwarded to the WDOE indicating the completeness of the

submittal and the next steps to be taken in the review process.

2. PM-10 Emissions Inventory

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

provisions include a comprehensive, accurate, current inventory of

actual emissions from all sources of relevant pollutants in the

nonattainment area. Because the submission of the emissions inventory

is a necessary adjunct to an area's attainment demonstration (or

demonstration that the area cannot practicably attain) the emissions

inventory must be received with the demonstration (see 57 FR 13539).

In the 1991 plan Ecology submitted an emissions inventory of

estimated actual emissions for the base year of 1990 and the attainment

year of 1994, and the 3-year maintenance year of 1997. Ecology sent a

letter to EPA on September 6, 1995, partially amending that 1991

inventory. The amended inventory adds an additional point source and

revises emission from one area source. EPA considers the changes as

minor and they do not significantly impact the overall inventory for

the area. Based on the 1995 letter the base year (1990) inventory the

major source of particulate matter impacting the area was wind blown

dust (98%, an average of 1,553,334 kilograms/day). The remainder of the

emission inventory included point sources (less that 1%, 693 kilograms/

day) and other area sources (less than 1%, 1215 kilograms/day).

A report titled ``An Analysis of the Impact of Biogenic PM-10

Sources on the Spokane PM-10 Nonattainment Area'', prepared by the

Washington State Department of Ecology, February 1992, presents the

most recent

[[Page 63021]]

information on the emission sources in the Columbia Plateau region of

eastern Washington (which includes both the Spokane and Wallula

nonattainment areas). The report attempts to determine gross annual

emissions from anthropogenic and nonanthropogenic sources of PM-10.

Preliminary information is presented indicating that about 40% of the

annual emissions in eastern Washington are from anthropogenic sources

and 60% from nonanthropogenic sources. No attempt was made to estimate

the highest 24-hour emissions which, depending on the location, is

expected to vary greatly. As discussed previously, the emission

inventory information suggests, but does not conclusively show, that

nonanthropogenic sources contribute significantly to the Wallula

nonattainment area.

The emissions inventory estimating actual emissions generally

appears to be accurate and comprehensive consistent with the

requirements of section 172(c)(3) of the Clean Air Act and national

guidance.4 Although, recent information from studies being

conducted in eastern Washington indicate that the emission factors used

for wind blown dust in the SIP revision are probably inappropriate, EPA

thinks that the assumptions were the best available at the time the

plan was prepared. The Columbia Plateau PM-10 Project will include the

development of emission factors specifically for eastern Washington and

preparation of regional emission inventories that will be used to

update the Wallula plan.

\4\ The EPA issued guidance on PM-10 emissions inventories prior

to the enactment of the Clean Air Act Amendments in the form of the

1987 PM-10 SIP Development Guideline. The guidance provided in this

document appears to be consistent with the Act.

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One additional emission inventory issue relates to the actual and

allowable emissions from stack sources. Ecology used highest actuals in

the 1991 SIP submission. For one of the point sources, a papermill,

allowable emissions are much greater (by a factor of 9) from the actual

emissions used in the plan. However, by using the higher allowable

emission estimates submitted in the September 6, 1995, letter, the

papermill still only represents less than 1% of the emission inventory.

EPA proposes to take no approval or disapproval action on the

emission inventory at this time. EPA is requiring, as well as

participating in, the development of a detailed emission inventory as

part of the Columbia Plateau project. When completed the detailed

emission inventory will be used to supplement the current one.

3. RACM (Including RACT)

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

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

no later than December 10, 1993 (see 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).

The current Wallula emission inventory identified wind blown dust

as the dominant contributor of PM-10 emissions. There are two principal

sources of windblown dust: Undisturbed land and agricultural fields.

Ecology submitted an analysis of RACM for agricultural sources of PM-10

based on soil conservation measures required by the federal

government's implementation of the United States Department of

Agriculture's (USDA) Food Security Act (FSA) of 1985, in the Wallula

nonattainment area and surrounding areas. EPA Title I preamble guidance

suggests states ``rely upon the soil conservation requirements (e.g.

conservation plans, conservation reserve) of the Food Security Act to

reduce emissions from agricultural operations'' (see 57 FR 18072).

EPA proposes to accept Ecology's RACM analysis and concludes that

RACM is being applied to agricultural sources not only in the

nonattainment area but throughout the region surrounding Wallula.

Ecology did not evaluate the application of reasonable controls on

undisturbed lands. This analysis will be accomplished as part of the

Columbia Plateau PM-10 Project.

The 1991 SIP revision contained a commitment from Ecology to adopt

provisions of the FSA into state regulation. Ecology has not developed

such a regulation. EPA proposes to determine that Ecology need not

develop, adopt and submit state regulations that accomplish the same

results as the current federal law and regulations. Such action would

be unnecessary since the federal government (USDA) has the primary

responsibility for implementation, and enforcement, of provisions of

the FSA.

Where sources of PM-10 contribute insignificantly to the PM-10

problem in the area, EPA's policy is that it would be unreasonable (and

would not constitute RACM) to require the implementation of potentially

available control measures. 57 FR 13540. Further, EPA has indicated

that for some sources in areas which demonstrate attainment, RACM does

not require the implementation of otherwise available control measures

that are not ``reasonably'' available because their implementation

would not expedite attainment (See 57 FR 13543).

In the Wallula situation, RACM for agricultural windblown dust is

necessary and all other sources combined do not meet the de minimus

guidance for requiring RACM. Even though not required under PM-10 SIP

development guidance, Ecology did justify that RACM (including RACT)

requirements were being met for two additional sources in the Wallula

nonattainment area. Boise Cascade paper mill and the Simplot Feeders

Limited Partnership cattle feedlot were evaluated by Ecology and found

to be implementing RACM.

The only major (greater than 100 tons per year) stationary source

facility within the nonattainment area, the Boise Cascade paper mill,

was evaluated in the 1991 SIP submittal. Ecology concluded and

documented that RACT is being applied to all stack sources in the

facility. The SIP revision does not include any additional control of

stack emissions. However, Ecology's RACT analysis did note that one

unpaved road needed paving to meet RACT for fugitive dust sources

within the facility. Ecology's June 23, 1994 letter documented that the

road was paved, thus meeting the final RACT requirement. EPA proposes

to accept Ecology's determination and considers the papermill to be at

RACT.

The second source, the cattle feedlot, was determined by Ecology as

meeting RACM in the 1991 SIP submittal. In 1992, new owners of the

feedlot implemented an additional dust abatement measure, a sprinkler

system to further reduce fugitive emissions. EPA proposes to accept

Ecology's determination of RACM being applied at the feedlot.

EPA is proposing to grant a temporary waiver of the attainment date

to December 31, 1997, which will allow Ecology and EPA to determine

conclusively the significance of anthropogenic and nonanthropogenic

sources impacting Wallula. This action does not relieve the area from

the requirement to implement RACM. In the Wallula situation EPA thinks

the significant source, as well as the two less significant sources, of

PM-10 in the area have been reasonably controlled. Thus, EPA thinks it

would be unreasonable to require other smaller sources of PM-10 in the

area to implement potentially available control measures or technology.

Further, EPA believes implementation of such additional controls in

this area would not expedite attainment.

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A more detailed discussion of the individual source contributions,

their associated control measures and an explanation as to why certain

available control measures were not implemented, can be found in the

TSD. EPA has reviewed the State's explanation and associated

documentation and is proposing to conclude that it adequately justifies

the control measures to be implemented.

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 (section 189(a)(1)(B)(ii).

In the 1991, Wallula SIP submission, Ecology demonstrated

attainment of the annual and 24-hour PM-10 standards by 1994. The SIP

utilized simple rollback modeling for the demonstration. As with the

emission inventory discussion above, EPA finds the attainment

evaluation is inadequate. The emission inventory does not adequately

document the anthropogenic and nonanthropogenic mix in the dominant

emission source, windblown dust. However, since EPA is proposing to

grant a temporary, three year, waiver of the attainment date, the

approval or disapproval of the attainment demonstration will be

deferred until after expiration of the temporary waiver. EPA proposes

to make a final decision on the attainment status and classification of

the area soon after the temporary waiver expires on December 31, 1997.

The alternative decisions include reclassifying the area to a serious

PM-10 nonattainment area or granting the area a permanent waiver. EPA

invites comments on this approach.

5. PM-10 Precursors

The control requirements which are applicable to major stationary

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

precursors unless EPA determines such sources do not contribute

significantly to PM-10 levels in excess of the NAAQS in that area (see

section 189(e) of the Act). The General Preamble contains guidance

addressing how EPA intends to implement section 189(e) (see 57 FR

13539-40 and 13541-42).

Ecology submitted the emission inventory for PM-10 from the one

major stationary source and several small sources. Due to the small

contribution of stationary sources to the Wallula nonattainment area,

EPA believes that stationary sources of precursors provide an

insignificant contribution to the Wallula, Washington, ambient PM-10

concentration and EPA is proposing to grant the area an exclusion from

PM-10 precursor control requirements authorized under section 189(e) of

the act. Note that while EPA is proposing to make a general finding for

this area, this proposed finding is based on the current character of

the area including, for example, the existing mix of sources in the

area. It is possible, therefore, that future growth could change the

significance of precursors in the area. EPA intends to issue future

guidance addressing such potential changes in the significance of

precursor emissions in an area.

6. 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 section 171(1) as such annual

incremental reductions in emissions of the relevant air pollutant as

are required by Part D or may reasonably be required by the

Administrator for the purpose of ensuring attainment of the applicable

NAAQS by the applicable date.

As stated earlier, EPA is proposing to grant a temporary waiver of

the attainment date for the Wallula area. If granted, the area would

not be required to meet RFP because in 1998 EPA would determine if the

area would receive a permanent waiver or be reclassified to serious.

7. Enforceability Issues

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

Ecology and EPA (see 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 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, fugitive emissions from agricultural sources. The SIP provides

that the affected activities will be controlled throughout the entire

nonattainment area.

The SIP requires that all the applicable SIP provisions be

implemented by December 10, 1993 (section 189(a)(1)(C). In addition to

the applicable control measures, this includes the applicable record-

keeping requirements which are addressed in the supporting technical

information document (TSD).

The TSD contains further information on enforceability requirements

including enforceable emission limitations; 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. Ecology has the primary

responsibility for implementing the measures in the plan. Ecology has

compliance inspectors and EPA considers the staffing level adequate to

assure that the RACM provision in the Wallula attainment plan are fully

implemented. As a necessary adjunct of its enforcement program, Ecology

also has broad powers to adopt rules and regulations, issue orders,

require access to records and information, and receive and disburse

funds.

8. 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 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 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. Since

the action proposed in this Federal Register notice

[[Page 63023]]

allows for a temporary extension of the attainment date, EPA proposes

to take no action on the contingency measures until after the temporary

waiver has elapsed and EPA has determined the eligibility of the area

for a permanent waiver.

III. Implications of Today's Action

EPA is proposing to grant a temporary waiver of the December 31,

1994, attainment date to December 31, 1997. If granted, the Washington

Department of Ecology will proceed with determining the significance of

anthropogenic and nonanthropogenic sources impacting the Wallula PM-10

nonattainment area. When Ecology has completed its analysis, and/or the

temporary waiver expires, EPA will make a final determination of the

status of the Wallula nonattainment area. EPA is proposing to approve

the control measures submitted by Ecology as meeting RACM and as having

been fully implemented by December 10, 1993. Finally, EPA is also

proposing to grant an exclusion from precursor control requirements as

described in part II. 5 of this notice.

IV. Request for Public Comments

EPA is requesting comments on all aspects of today's proposal. As

indicated at the beginning of this notice, EPA will consider any

comments postmarked by January 8, 1996.

V. 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 proposed 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.

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 any 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 by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2224), 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental

relations, Particulate matter, and Reporting and recordkeeping

requirements.

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

Dated: November 7, 1995.

Chuck Clarke,

Regional Administrator.

[FR Doc. 95-29995 Filed 12-7-95; 8:45 am]

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