[Federal Register Volume 60, Number 215 (Tuesday, November 7, 1995)]
[Proposed Rules]
[Pages 56129-56133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27567]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA9-1-5540, WA28-1-6613, WA34-1-6937; FRL-5326-3]
Approval and Promulgation of State Implementation Plans;
Washington
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Environmental Protection Agency (EPA) proposes limited
approval and limited disapproval of 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 (PM10). The implementation plan was
submitted by the State to satisfy certain Federal requirements for a
moderate nonattainment area PM10 SIP for Yakima, Washington.
DATES: Comments must be postmarked on or before December 7, 1995.
ADDRESSES: Written comments should by addressed to: Montel Livingston,
EPA, Office of Air (AT-082), 1200 Sixth Avenue, Seattle, Washington
98101.
Copies of the State's request and other information are available
for inspection during normal business hours at the following locations:
EPA, Office of Air, Docket #'s WA9-1-5540 WA28-1-6613 and WA34-1-6937,
1200 Sixth Avenue (AT-082), Seattle, WA 98101, and the Washington State
Department of Ecology, P.O. Box 47600, Olympia, WA 98504.
FOR FURTHER INFORMATION CONTACT: Kelly Huynh, Office of Air (AT-082),
EPA, Seattle, Washington 98101, (206) 553-1059.
SUPPLEMENTARY INFORMATION:
I. Background
The Yakima, Washington area was designated nonattainment for
PM10 and classified as moderate under sections 107(d)(4)(B) and
188(a) of the Clean Air Act (CAA) upon enactment of the Amendments of
1990 on November 15, 1990. This Yakima nonattainment designation was
announced in a March 15, 1990 Federal Register notice (See 56 FR
11101). The air quality planning requirements for moderate PM10
nonattainment areas are set out in subparts 1 and 4 of Title I of the
CAA. EPA has issued a ``General Preamble'' describing EPA's views on
how EPA intends to review SIP's and SIP revisions submitted under Title
I of the CAA, including those State submittals containing moderate
PM10 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 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 Yakima,
Washington moderate PM10 SIP, EPA is proposing to apply its
interpretations taking into consideration the specific factual issues
presented. Thus, EPA will consider any timely submitted comments before
taking final action on this proposal.
Those States containing initial moderate PM10 nonattainment
areas 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 three
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 PM10 also apply to major stationary
sources of PM10 precursors except where the Administrator
determines that such sources do not contribute significantly to
PM10 levels which exceed the NAAQS in the area. See sections
172(c), 188, and 189 of the CAA.
States with initial moderate PM10 nonattainment areas were
also required to submit a permit program for the construction and
operation of new and modified major stationary sources of PM10 by
June 30, 1992 (see section 189(a)). Such States also must 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 PM10
NAAQS by the applicable statutory deadline. See section 172(c)(9) and
57 FR 13543-44.
II. This Action
Section 110(k) of the CAA sets out provisions governing EPA's
review of SIP submittals (See 57 FR 13565-66). In this action, EPA is
proposing to grant limited approval of the Yakima PM10
nonattainment plan as submitted on March 24, 1989; May 1, 1992; August
19, 1992; February 3, 1994; March 1, 1995; March 10, 1995; June 27,
1995; and August 17, 1995. EPA may grant a limited approval of this
nonattainment plan under section 110(k)(3) of the CAA, in light of
EPA's authority under section 301(a) of the CAA to adopt regulations
necessary to further air quality by strengthening the SIP. EPA is
proposing a limited approval because the nonattainment plan serves the
purpose of improving air quality within the Yakima area and is
providing Reasonable Further Progress (RFP)
[[Page 56130]]
toward attainment. The proposed approval of this implementation is
limited, however, in that EPA is not proposing that this plan satisfies
the specific requirements of section 172(c)(1) and 189(a)(1)(C) of the
CAA to implement RACM, including RACT, in moderate nonattainment areas.
EPA also is not proposing that this plan satisfies the specific
requirements of section 189(c) of the CAA to show quantitative
milestones which demonstrate attainment until the area is redesignated
as well as the 1994 attainment demonstration. EPA believes, however,
that the control measures adopted and submitted as of this date will
achieve PM10 emission reductions in the Yakima nonattainment area.
The submittals as a whole contain inseparable portions the cannot be
approved. Thus, EPA is proposing to approve the control measures of the
complete SIP for the limited purpose of strengthening the SIP and
making them enforceable.
However, because the Washington Department of Ecology (WDOE) and
Yakima County Clean Air Authority (YCCAA) have not yet adopted into the
SIP and submitted to EPA certain control measures necessary for full
approval of the SIP, EPA is proposing to disapprove the RACM (including
RACT) element. In addition, because the attainment demonstration for
1994 was not submitted as well as the maintenance demonstration, which
demonstrates attainment until the area is redesignated, EPA is
proposing to disapprove these elements of the SIP. Detailed discussions
of the plan deficiencies are included below and are further discussed
in the Technical Support Document (TSD). If this proposed disapproval
becomes final, it will begin the period for the imposition of
discretionary sanctions under section 110(m) of the CAA and the 18-
month sanctions clock for the imposition of mandatory sanctions under
section 179 of the CAA. If finalized, this disapproval will also
authorize EPA to issue a Federal implementation plan as provided in
section 110(c)(1) of the CAA.
If, however, prior to EPA's final action on this proposal the State
submits a plan to EPA that adequately addresses the outstanding
deficiencies, EPA will withdraw this limited approval/disapproval and
will instead finalize a full approval of the PM10 plan for Yakima.
EPA invites public comment on this proposed action.
A. Analysis of State Submission
1. Procedural Background
The CAA requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) of the CAA provides that each implementation
plan submitted by a State must be adopted after reasonable notice and
public hearing.1 Section 110(l) of the CAA similarly provides that
each revision to an implementation plan submitted by a State under the
CAA must be adopted by such State after reasonable notice and public
hearing.
\1\ 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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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). EPA's completeness criteria for SIP submittals are
set out at 40 CFR part 51, Appendix V (1991), as amended by 57 FR 42216
(August 26, 1991). 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.
The WDOE held a public hearing on the original plan on December 7,
1988. When this was superceeded by the May 1992 supplement and the
August 1992 supplement additional public hearings were held on November
30, and December 9, 1991 to entertain public comment on the Yakima
implementation plan. Adequate public hearings were also held for the
Yakima contingency measures (submitted on February 3, 1994) and the
Yakima County Clean Air Authority (YCCAA) regulations (submitted on
February 21, 1995). Following the public hearings the submittals were
adopted by the State and signed by the Governor's designee as a
proposed revision to the SIP.
The SIP revisions were reviewed by EPA to determine completeness
shortly after their submittal, in accordance with the completeness
criteria set out at 40 CFR part 51, appendix V (1991), as amended by 57
FR 42216 (August 26, 1991). The submittals were found to be complete,
and letters were forwarded to the WDOE indicating the completeness of
the submittals and the next steps to be taken in the review process.
2. Accurate Emissions Inventory
It is a requirement that each nonattainment plan include a
comprehensive, accurate, current inventory of allowable emissions from
major point sources and actual emissions from all other sources of the
relevant pollutant (PM10) in the area. Because the submission of
such inventories are necessary to an area's attainment demonstration
(or demonstration that the area cannot practicably attain), the
emissions inventories must be received with the submission (See 57 FR
13539).
Yakima originally submitted an emissions inventory for a 1985 base
year with the inventory projected out to 1991. When the area did not
attain the PM10 NAAQS by 1991, the base year was replaced by 1990
in the August 1992 submittal and a new emissions inventory was
submitted. These emissions were again projected out, this time to the
attainment year (1994). The 1990 inventory identified residential wood
combustion as the primary nonattainment source, contributing
approximately 57% of the total area emissions. Additional contributing
sources included resuspended road dust at 17.2%, point sources at 9.8%,
vehicle exhaust at 7% and other area sources at 9%. However, the
emissions inventory did not include allowable point source emissions
and thus supplements were needed to provide a sufficient basis for
determining the adequacy of the attainment demonstration for the area
consistent with the requirements of sections 172(c)(3) and 110(a)(2)(K)
of the CAA.2
\2\ 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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The Yakima emissions inventory became comprehensive, and EPA
approvable, in terms of allowable point source emissions when WDOE
submitted a March 10, 1995 and August 17, 1995 supplement. Further
details are found in the TSD on the emissions inventory.
3. RACM (Including RACT)
As noted, the initial moderate PM10 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).
Residential wood combustion emissions were identified as the main
contributing source to the PM10 nonattainment problem in Yakima
and
[[Page 56131]]
are being controlled through a mandatory woodsmoke curtailment program
as the area's sole control measure. The original submittal indicates
that a mandatory woodsmoke curtailment program was to have been
implemented by the 1988-1989 heating season. It turns out the
curtailment program was not fully functioning until the 1991-1992
heating season. The SIP indicates that the control of indoor solid fuel
burning devices are expected to result in an emission reduction of
66.5% of woodstove PM10 emissions in the area. A more detailed
discussion of the individual source contributions and their associated
control measures (including available control technology) can be found
in the TSD. EPA has reviewed the State's explanation and associated
documentation and concluded that it adequately justifies the control
measures to be implemented. The implementation of Washington's
PM10 nonattainment plan control strategy has resulted in
attainment of the PM10 NAAQS by December 31, 1994, and thus is
approved.
4. Demonstration
As noted, the initial moderate PM10 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
CAA). Alternatively, the State must show that attainment by December
31, 1994 is impracticable. WDOE and YCCAA conducted attainment
demonstrations using Regional Air Modeling (RAM), a dispersion modeling
program, for the Yakima area. However, WDOE and YCCAA have not
submitted a demonstration that indicates the 24 hour NAAQS for
PM10 will be attained by 1994 in the Yakima area with the new
allowable major source emissions. The 24-hour PM10 NAAQS is 150
micrograms/cubic meter (g/m\3\), and the standard is attained
when the expected number of days per calendar year with a 24-hour
average concentration above 150 g/m\3\ is equal to or less
than one (see 40 CFR section 50.6). The annual PM10 NAAQS is 50
g/m\3\, and the standard is attained when the expected annual
arithmetic mean concentration is less than or equal to 50 g/
m\3\. A quantitative milestone demonstration has not yet been submitted
showing that the PM10 NAAQS will be maintained for the three years
following the attainment date (December 31, 1997) and thus a limited
disapproval action is being taken for the plan. The control strategy
used to attain the PM10 standard is summarized in the section
titled ``RACM (including RACT)''. A more detailed description of the
attainment demonstration and the control strategy used can be found in
the TSD.
5. PM10 Precursors
The control requirements which are applicable to major stationary
sources of PM10, also apply to major stationary sources of
PM10 precursors unless EPA determines such sources do not
contribute significantly to PM10 levels in excess of the NAAQS in
that area (see section 189(e) of the CAA). Even if precursors are
controlled, available data showing the contribution of precursors
should be provided by the State and placed in the SIP rulemaking record
in the event that sources of precursors assert that they should be
granted an exclusion from control under section 189(e).
An analysis of air quality and emissions data for the Yakima
nonattainment area indicates that exceedances of the NAAQS are
attributed chiefly to particulate matter emissions from solid fuel
combustion and that sources of particulate matter precursor emissions
of sulfur dioxide (SO2) and nitrogen oxides (NOX) contribute
an insignificant amount. Even with WDOE assuming worst case conditions,
the Yakima area precursor sources would only total 7.9% of the
emissions inventory. The consequences of this finding are to exclude
these sources from the applicability of PM10 nonattainment area
control requirements. Note that while EPA is making a general finding
of approval for this area, this 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
The PM10 nonattainment area plan revisions demonstrating
attainment must contain quantitative milestones which are to be
achieved every three years until the area is redesignated to attainment
and which demonstrate Reasonable Further Progress (RFP), as defined in
section 171(1), toward attainment by December 31, 1994 (see section
189(c) of the CAA). RFP 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.
In implementing RFP for this initial moderate area, EPA has
reviewed the attainment demonstration and control strategy for the area
to determine whether annual incremental reductions different from those
provided in the SIP should be required in order to ensure attainment of
the PM10 NAAQS by December 31, 1994 (see section 171(1)). The
Yakima PM10 SIP does not adequately demonstrate attainment for
1994 and does not contain a 1997 quantitative milestone report to
demonstrate the area's maintenance of air quality until redesignation
to attainment is granted. For full approval, WDOE and YCCAA must submit
a plan which demonstrates RFP towards attainment through December 31,
1997.
7. Enforceability Issues
All measures and other elements in the SIP must be enforceable by
the State 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)).
Yakima's SIP control measure is addressed above under the section
headed ``RACM (including RACT).'' The control measure applies to
curtailing residential woodsmoke activities during impaired air quality
conditions. The SIP provides that all non-certified solid fuel burning
devices are subject to curtailment under Stage I calls, and all
woodheating devices are banned during a Stage II call. The curtailment
calls are not applicable to those residences that have no other source
of heat available.
The attached 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 with averaging times, malfunction provisions, correctly
cited references of incorporated methods/rules, and reporting and
recordkeeping requirements.
Because YCCAA is authorized by WDOE to enforce the woodsmoke
curtailment program, as well as the other RACM measures contained
within
[[Page 56132]]
the SIP such as source emission limitations and 20% opacity
restrictions, the YCCAA regulations must be enforceable in order to
approve the Yakima nonattainment plan. Under section 110(a)(2)(E)(iii)
of the CAA the State must provide necessary assurances that the State
has responsibility for ensuring adequate implementation of plan
provisions. WDOE would have responsibility where, for example, they
have the authority and resources to implement provisions where the
local entity fails to do so. State law requires local agency regulation
to be as stringent or more stringent than the state's regulations. At
this time several of the YCCAA regulations are less stringent than the
state's regulations and thus are not legally enforceable, and need to
be corrected before full plan approval. Details describing the YCCAA
regulation deficiencies are contained in the TSD supporting this
notice.
8. Contingency Measures
As provided in section 172(c)(9) of the CAA, all moderate
nonattainment area SIP's that demonstrate attainment must include
contingency measures (See generally 57 FR 13543-13544). 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 PM10 NAAQS by the applicable statutory deadline. The
Yakima SIP contains a Woodstove Buy Back Program (WSBBP) as its primary
contingency measure. The WSBBP is being implemented as a 100%
overcontrol measure. The program has been in effect since July 1, 1993,
when EPA funding was secured, and has replaced approximately 70
uncertified woodstoves to cleaner forms of heat such as certified
woodstoves, electricity, or gas. The WSBBP provides overcontrol for the
area by creating a reduction in overall emissions regardless of whether
a PM10 NAAQS violation occurs, and thus is being approved as
Yakima's contingency measure.
III. Implications of This Action
EPA is proposing limited approval and limited disapproval of the
plan revisions submitted to EPA for the Yakima nonattainment area on
March 24, 1989; May 1, 1992; August 19, 1992; February 3, 1994; and
March 1, 1995.
In order to fully approve the Yakima moderate PM10
nonattainment SIP submitted by the WDOE and the YCCAA, some corrections
and supplements need to be submitted to and approved by EPA. The plan
deficiencies are described above and more completely in the TSD.
Several YCCAA regulations need to be corrected to become at least as
stringent as WDOE's corresponding regulations, a new 1994 attainment
demonstration needs to be submitted using worst case allowable
emissions, and a quantitative milestone report needs to be submitted
demonstrating attainment of the area until December 31, 1997. If
finalized without correcting these deficiencies, this limited approval/
disapproval would constitute a disapproval under section 179(a)(2) of
the CAA (See generally 57 FR 13566-67). As provided under section
179(a) of the CAA, the State of Washington would have up to 18 months
after a final SIP disapproval to correct the deficiencies that are the
subject of the disapproval before EPA is required to impose either the
highway funding sanction or the requirement to provide two-to-one new
source review offsets. If the State has not corrected its deficiency
within 24 months after the disapproval, EPA must impose the second
sanction. Any sanction EPA imposes must remain in place until EPA
determines that the State has corrected these deficiencies. If EPA
ultimately disapproves the SIP submittal for the Yakima nonattainment
area and the State of Washington fails to correct the deficiencies
within 18 months of such disapprovals, EPA anticipates that the first
sanction it would impose would be the two-to-one offset requirement.
Note also that any final disapproval would trigger the requirement for
EPA to impose a federal implementation plan as provided under section
110(c)(1) of the CAA.
IV. Request for Public Comments
EPA is requesting comments on all aspects of this proposal. As
indicated at the beginning of this notice, EPA will consider any
comments postmarked by December 7, 1995.
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
[[Page 56133]]
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, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: October 24, 1995.
Chuck Clarke,
Regional Administrator.
[FR Doc. 95-27567 Filed 11-6-95; 8:45 am]
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