[Federal Register Volume 60, Number 236 (Friday, December 8, 1995)]
[Proposed Rules]
[Pages 63019-63023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29995]
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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.
[[Page 63022]]
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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