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[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32131-32135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12514]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2012-0712; FRL-9817-1]

Revision to the Washington State Implementation Plan; Tacoma-
Pierce County Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving State Implementation Plan (SIP) revisions 
submitted by the Washington Department of Ecology (Ecology) dated 
November 28, 2012. The EPA's final rulemaking approves two revisions to 
the SIP. First, the EPA is approving the ``2008 Baseline Emissions 
Inventory and Documentation'' included as Appendix A to the SIP 
revision. The emissions inventory was submitted to meet Clean Air Act 
(CAA) requirements related to the Tacoma-Pierce County nonattainment 
area for the 2006 fine particulate matter (PM2.5) National 
Ambient Air Quality Standard

[[Page 32132]]

(NAAQS). Second, the EPA is approving updated rules submitted by 
Ecology on behalf of the Puget Sound Clean Air Agency (PSCAA), 
contained in Appendix B, ``SIP Strengthening Rules.'' The updated PSCAA 
rules help implement the recommendations of the Tacoma-Pierce County 
Clean Air Task Force, an advisory committee of community leaders, 
citizen representatives, public health advocates, and other affected 
parties, formed to develop PM2.5 reduction strategies.

DATES: This final rule is effective June 28, 2013.

ADDRESSES: EPA has established a docket for this Action under Docket ID 
No. EPA-R10-OAR-2012-0712. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information the disclosure of which is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Programs Unit, Office of Air Waste and Toxics, EPA 
Region 10, 1200 Sixth Avenue, Seattle, WA, 98101. EPA requests that if 
at all possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8:00 a.m. 
to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at telephone number: (206) 
553-0256, email address: hunt.jeff@epa.gov, or the above EPA, Region 10 
address.

SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials ``Act'' or ``CAA'' mean or refer to the 
Clean Air Act, unless the context indicates otherwise.
    (ii) The words ``EPA'', ``we'', ``us'' or our mean or refer to the 
United States Environmental Protection Agency.
    (iii) The initials ``SIP'' mean or refer to State Implementation 
Plan.
    (iv) The words ``Washington'' and ``State'' mean the State of 
Washington.

Table of Contents

I. Background Information
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review

I. Background Information

    Detailed information on the history of the PM2.5 NAAQS 
as it relates to the Tacoma-Pierce County nonattainment area is 
included in the EPA's proposal for this action (78 FR 4804, January 23, 
2013). As discussed in the proposal, on September 4, 2012, the EPA 
published a final ``clean data'' determination of attainment, based 
upon complete certified ambient air monitoring data showing that the 
Tacoma-Pierce County nonattainment area met the 2006 PM2.5 
NAAQS for the 2009-2011 monitoring period (77 FR 53772). Since the 
determination, monitored PM2.5 levels continue to decline in 
the Tacoma-Pierce County nonattainment area. Monitoring data for 2010-
2012 show a preliminary design value of 28 [micro]g/m\3\.\1\
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    \1\ A design value is a three year average used to determine 
compliance with the 2006 PM2.5 24-hour NAAQS of 35 
[micro]g/m\3\. Final design values generally are certified in June 
or July after a complete quality assurance and quality control 
process.
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    The clean data determination suspended the obligation for the State 
of Washington to submit an attainment demonstration, associated 
reasonably available control measures, a reasonable further progress 
plan, contingency measures, and other SIP revisions related to 
attainment of the standard for so long as the nonattainment area 
continues to meet the 2006 PM2.5 NAAQS. However, a clean 
data determination does not suspend the obligation under CAA section 
172(c)(3) for submission and approval of a comprehensive, accurate, and 
current inventory of actual emissions. Accordingly, Ecology submitted 
Appendix A, titled ``2008 Baseline Emissions Inventory and 
Documentation,'' of its November 28, 2012, SIP revision to meet the 
emissions inventory obligation under CAA section 172(c)(3). Ecology 
also submitted Appendix B of the SIP revision, titled ``SIP 
Strengthening Rules,'' which contained the most recent version of 
Regulation 1--Article 13: Solid Fuel Burning Device Standards, adopted 
by the Puget Sound Clean Air Agency Board on October 25, 2012, imposing 
more stringent standards to control PM2.5 emissions from 
wood smoke. The EPA proposed to approve both Appendix A and Appendix B 
of Washington's November 28, 2012, SIP revision consistent with 
sections 110 and 172 of the CAA.

II. Response to Comments

    The EPA received no comment on its proposed approval of Appendix B. 
On February 22, 2013, EPA received one comment on its proposed approval 
of Appendix A. This comment, submitted by Mr. Robert Ukeiley on behalf 
of Sierra Club, focused on the potential impact of coal export 
terminals proposed for the Pacific Northwest. The commenter wrote that 
Ecology's 2008 Baseline Emissions Inventory does not sufficiently 
address potential impacts as they relate to current or future shipments 
of coal via rail through the Tacoma-Pierce County nonattainment area. 
The EPA is responding to this comment in two parts: (1) Comment on 
Fugitive Coal Dust Emissions; and (2) Comment on Railroad Emission 
Calculations.

A. Comment on Fugitive Coal Dust Emissions

    Comment: The commenter wrote that Ecology's 2008 Baseline Emissions 
Inventory does not meet the CAA section 172(c)(3) requirement which 
states that, ``[s]uch plan provisions shall include a comprehensive, 
accurate, current inventory of actual emissions from all sources of the 
relevant pollutant or pollutants in such area, including such periodic 
revisions as the Administrator may determine necessary to assure the 
requirements of this part are met.'' Specifically, the commenter wrote 
that the 2008 Baseline Emissions Inventory is not comprehensive because 
it did not account for fugitive coal dust emissions from coal trains 
that may have transited through the nonattainment area. The commenter 
also requests that ``[i]f the current fugitive coal dust emissions are 
zero because there are no coal trains traveling through the Tacoma 
nonattainment area, then the inventory should say that.''
    Response: As noted in the proposal for this action, the EPA 
referred to the August 2005 ``Emissions Inventory Guidance for 
Implementation of Ozone and Particulate Matter NAAQS and Regional Haze 
Regulations'' (hereafter ``emissions inventory guidance'' or 
``guidance''), to assess the adequacy of Washington's submission. The 
guidance covers several elements related to this comment. First, the 
mobile source section in the guidance contains no discussion or 
requirement for calculating fugitive dust from locomotive payloads. 
Instead, fugitive dust emissions from all source categories are 
discussed in section 5.4 of the guidance addressing nonpoint sources. 
The guidance states, ``[n]onpoint sources are generally described as 
those sources that are too small, numerous, or difficult to be 
inventoried individually. Potential nonpoint sources of emissions are 
given

[[Page 32133]]

in Table 5.4-1 and potential crustal (dust) sources of PM emissions are 
in Table 5.4-2. These tables are presented as guides to assist State, 
local and Tribal agencies in focusing their nonpoint source emission 
inventory efforts.'' The guidance goes on to state, ``[t]he State, 
local and Tribal agencies may want to concentrate their efforts on the 
most significant source categories.'' The guidance acknowledges that 
States cannot individually inventory all nonpoint source emissions, but 
should use the best available data to inform which nonpoint source 
categories to focus on in creating a comprehensive and accurate 
inventory of actual emissions.
    As part of the effort to focus on the most significant source 
categories, Ecology conducted extensive speciation analysis included in 
the docket for the EPA's proposed action, see Sources of Fine Particles 
in the Wapato Hills-Puyallup River Valley PM2.5 Nonattainment Area (the 
name formerly used for the Tacoma-Pierce County nonattainment area), 
April 2010. Speciation analysis, also called receptor modeling or 
source apportionment, is a method of using chemical signatures from 
monitoring samples to determine both the types of emission sources 
impacting a monitor and the magnitude of those source impacts. The 
study examined monitoring samples from 2006 to 2009 and used chemical 
signature information to identify the relevant emission sources. 
Ecology determined that 4% of PM2.5 annually in the Tacoma-
Pierce County nonattainment area originated from the combination of all 
fugitive dust sources. To put this number in perspective, the 
contribution from fugitive dust was only slightly greater than the 
PM2.5 contribution from sea salt. The percent contribution 
from fugitive dust was also found to be the lowest during winter months 
when violations of the 2006 PM2.5 standard occur. From an 
analysis of fugitive dust impacts and wind direction, Ecology concluded 
that the majority of the PM2.5 related fugitive dust was 
likely re-suspended dust from on-road motor vehicle traffic and 
fugitive emissions from a gravel operation near the monitoring site. 
Ecology's speciation analysis for the one violating Tacoma monitor on 
South L Street concluded by stating, ``[f]ugitive dust was poorly 
correlated with total PM2.5 mass (r2 = 0.19) indicating that 
its influence on the measured total mass was not significant.''
    As described above, the 2005 emissions inventory guidance 
recognizes that agencies may need to concentrate their efforts on the 
most significant source categories, and the closely related regulations 
at 40 CFR 51.20 for reporting under the National Emissions Inventory 
(NEI) also state, ``[n]onpoint source categories or emission events 
reasonably estimated by the State to represent a de minimis percentage 
of total county and State emissions of a given pollutant may be 
omitted.'' Based on Ecology's analysis of fugitive dust impacts on 2006 
PM2.5 concentrations in the area, the EPA agrees with 
Ecology that fugitive dust emissions from railroad transport of coal do 
not constitute a significant source category for the 2008 Baseline 
Emissions Inventory. To the extent that the commenter raises issues 
related to coal export proposals that may impact the Tacoma-Pierce 
County nonattainment area in the future, or to the calculation of 
changes to the emission sources after 2008, the EPA has determined that 
these questions are beyond the scope of the 2008 Baseline Emissions 
Inventory. The inventory required under section 172(c)(3) does not 
require submission or assessment of future emissions.
    The EPA also concludes that the 2008 Baseline Emissions Inventory 
accurately represents the emission sources that led to the EPA's 
nonattainment designation for Tacoma-Pierce County in 2009. In 
particular, the inventory informed and helped support development of 
the residential wood smoke control measures approved in this action. In 
2008, residential wood combustion represented 74% of all emissions 
during the critical winter season, well above all other emission 
sources. To the extent that the mix of emission sources may change over 
time from the 2008 Baseline Emissions Inventory, the EPA believes these 
changes are best addressed as part of the maintenance plan inventory 
process to ensure continued compliance with the NAAQS, or as part of 
the attainment planning requirements that would become applicable 
should the area not continue in attainment. In response to the concerns 
raised by the commenter, the EPA independently analyzed publicly 
available data from the speciation monitor and found no evidence of 
increasing fugitive dust trends from 2008 to 2011. See Tacoma PMF Soil 
Results, included in the docket for this action. As noted previously, 
monitored PM2.5 levels in the nonattainment area continue to 
decline below the level of the NAAQS. For the reasons stated above, the 
EPA has determined that Ecology's 2008 Baseline Emissions Inventory is 
consistent with applicable guidance and satisfies the requirement of 
CAA section 172(c)(3).

B. Comment on Railroad Emission Calculations

    Comment: The commenter notes that Ecology's 2008 Baseline Emissions 
Inventory submission includes only a summary of emissions from railroad 
locomotive diesel consumption, without the corresponding background 
information used to calculate the estimates. The commenter states that 
the background information is necessary for both public understanding 
and for future conformity obligations under the CAA.
    Response: Since emission control measures for railroad locomotive 
traffic are generally formulated and managed at the federal level, it 
is understandable that the State SIP submission would include summary 
data rather than a more elaborate discussion of underlying data. 
Ecology did include an extensive explanation of the underlying data for 
the predominant source categories, such as residential wood combustion, 
which comprises 74% of the winter time inventory. By contrast, 
emissions from all nonroad vehicles and engines, including railroad 
locomotives, account for only 5% of wintertime inventory. Moreover, 
although Ecology included only summary results for railroad emissions, 
it clearly referenced the documentation used in calculating the final 
railroad diesel emissions, listed as endnotes 26, 27, and 28 in the 
2008 Baseline Emissions Inventory SIP submission. These documents were 
available from Ecology and the EPA during the comment period, and 
remain available for public review. Neither the EPA nor Ecology has 
received a request for these documents. For the convenience of the 
reader these background documents have been added to the docket for 
this action.
    The comment only questions the level of detail in the discussion of 
the locomotive emission calculations and states that a comprehensive 
and accurate emissions inventory must provide figures of gallons of 
diesel consumed and emission factors or other calculations used in the 
emissions estimates. The availability of the additional detail 
requested by the comment is described above. Specifically, the emission 
factors were based on standard EPA emission factors for locomotives and 
fuel consumption data was provided by the rail freight carriers 
operating in the area. As the comment notes, these data are part of the 
comprehensive and accurate emissions inventory required by section 
172(c)(3), and were appropriately relied upon by Ecology to calculate 
diesel emissions from locomotives. The EPA

[[Page 32134]]

independently calculated the locomotive emissions estimates based on 
the information referenced in endnotes 26, 27, and 28 of the State's 
emissions inventory SIP submission, and obtained results that were 
consistent with the State's (see EPA review of emission 
calculations.xlsx).
    To the extent that the commenter raises issues related to future 
conformity determinations or potential coal export proposals that may 
impact the Tacoma-Pierce County nonattainment area in the future, or to 
the calculation of changes to the emission sources after 2008, the EPA 
has determined that these questions are beyond the scope of the 2008 
Baseline Emissions Inventory and the requirements of section 172(c)(3).

III. Final Action

    The EPA has determined that Washington's SIP revisions, dated 
November 28, 2012, are consistent with sections 110 and 172 of the CAA. 
Therefore, we are approving the SIP revisions, specifically Appendix A, 
``2008 Baseline Emissions Inventory and Documentation'' and Appendix B, 
``SIP Strengthening Rules.''

IV. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
rule neither imposes substantial direct compliance costs on tribal 
governments, nor preempts tribal law. Therefore, the requirements of 
section 5(b) and 5(c) of the Executive Order do not apply to this rule. 
Consistent with EPA policy, the EPA nonetheless provided a consultation 
opportunity to the Puyallup Tribe in a letter dated December 11, 2012. 
The EPA did not receive a request for consultation.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 29, 2013. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Visibility, and Volatile organic compounds.

    Dated: May 13, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart WW--Washington

0
2. Section 52.2470 is amended:
0
a. In paragraph (c) Table 4 by revising entries 13.01 through 13.05, 
adding in numerical order entry 13.06, and revising entry 13.07.
0
b. In paragraph (e) by adding a heading for ``Recently Approved Plans'' 
and a new entry for ``Particulate Matter (PM2.5) 2008 
Baseline Emissions Inventory and SIP Strengthening Rules'' at the end 
of the table.

Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *
* * * * *

[[Page 32135]]

                                Table 4--Puget Sound Clean Air Agency Regulations
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                                                         State adopted
          State citation              Title/subject          date        EPA approval date       Explanations
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                                                  * * * * * * *
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                          Regulation 1--Article 13: Solid Fuel Burning Device Standards
----------------------------------------------------------------------------------------------------------------
13.01............................  Policy and Purpose.        10/25/12  5/29/13 [Insert      ...................
                                                                         page number where
                                                                         the document
                                                                         begins].
13.02............................  Definitions........        10/25/12  5/29/13 [Insert      ...................
                                                                         page number where
                                                                         the document
                                                                         begins].
13.03............................  Opacity Standards..        10/25/12  5/29/13 [Insert      ...................
                                                                         page number where
                                                                         the document
                                                                         begins].
13.04............................  Allowed and                10/25/12  5/29/13 [Insert      ...................
                                    Prohibited Fuel                      page number where
                                    Types.                               the document
                                                                         begins].
13.05............................  Restrictions on            10/25/12  5/29/13 [Insert      ...................
                                    Operation of Solid                   page number where
                                    Fuel Burning                         the document
                                    Devices.                             begins].
13.06............................  Emission                   10/25/12  5/29/13 [Insert      ...................
                                    Performance                          page number where
                                    Standards.                           the document
                                                                         begins].
13.07............................  Prohibitions on            10/25/12  5/29/13 [Insert      ...................
                                    Wood Stoves that                     page number where
                                    are not Certified                    the document
                                    Wood Stoves.                         begins].
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                   State of Washington Nonregulatory Provisions and Quasi-Regulatory Measures
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                                       Applicable
      Name of SIP provision          geographic or     State submittal   EPA approval date         Comments
                                   nonattainment area        date
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                                                  * * * * * * *
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                                             Recently Approved Plans
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Particulate Matter (PM2.5) 2008   Tacoma, Pierce             11/28/12   5/29/13 [Insert      ...................
 Baseline Emissions Inventory      County.                               page number where
 and SIP Strengthening Rules.                                            the document
                                                                         begins].
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[FR Doc. 2013-12514 Filed 5-28-13; 8:45 am]
BILLING CODE 6560-50-P
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