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[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Proposed Rules]
[Pages 4804-4806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01339]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2012-0712; FRL-9772-4]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Washington Department of Ecology (Ecology) 
dated November 28, 2012. This SIP revision consists of two elements 
proposed for EPA approval. First, EPA is proposing to approve 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 (NAAQS). 
Second, EPA is proposing to approve 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: Written comments must be received on or before February 22, 
2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2012-0712, by any of the following methods:
    www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: R10-Public_Comments@epa.gov.
     Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and 
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of Air, 
Waste and Toxics, AWT-107. Such deliveries are only accepted during 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2012-0712. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov

[[Page 4805]]

index. Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure 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. Publicly available docket materials are available 
either electronically in www.regulations.gov or in hard copy during 
normal business hours at the Office of Air, Waste and Toxics, EPA 
Region 10, 1200 Sixth Avenue, Seattle, WA 98101.

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: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    The following outline is provided to aid in locating information in 
this preamble.

I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997, EPA promulgated the 1997 PM2.5 NAAQS, 
including an annual standard of 15.0 micrograms per cubic meter ([mu]g/
m\3\) based on a 3-year average of annual mean PM2.5 
concentrations, and a 24-hour (or daily) standard of 65 [mu]g/m\3\ 
based on a 3-year average of the 98th percentile of 24-hour 
concentrations (62 FR 38652). EPA established the standards based on 
significant evidence and numerous health studies demonstrating that 
serious health effects are associated with exposures to 
PM2.5. On October 17, 2006, EPA revised the PM2.5 
24-hour standard from 65 [mu]g/m\3\ to 35 [mu]g/m\3\ based on 
additional evidence and health studies (71 FR 61144).
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. Effective December 14, 2009, EPA 
designated Tacoma-Pierce County (partial county designation) as a 
nonattainment area for the revised 2006 24-hour PM2.5 
standard (74 FR 58688; published on November 13, 2009). Under the CAA, 
states are required to submit a revision to the SIP to meet 
nonattainment requirements within three years of the effective date of 
designation.
    Prior to Washington's SIP revision submittal, EPA issued a proposed 
finding on July 5, 2012, called a clean data determination, based upon 
certified ambient air monitoring data showing that the Tacoma-Pierce 
County nonattainment area had met the 2006 PM2.5 NAAQS for 
the most recent 2009-2011 monitoring period (77 FR 39657). EPA received 
no comments on the proposal and subsequently issued a final clean data 
determination on September 4, 2012 (77 FR 53772). In accordance with 40 
CFR 51.1004(c), the September 4, 2012 clean data determination suspends 
the requirements for Washington to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and most other planning SIP 
revisions related to attainment of the standard for so long as the 
nonattainment area continues to meet the 2006 PM2.5 NAAQS. 
However, 40 CFR 51.1004(c) 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.

II. Summary of SIP Revision

    Ecology's November 28, 2012 SIP revision contains two elements for 
proposed EPA approval, Appendix A and Appendix B. Appendix A, titled 
``2008 Baseline Emissions Inventory and Documentation,'' was submitted 
to meet the obligation under CAA section 172(c)(3) for an emissions 
inventory. The 2008 base year emissions inventory includes emissions 
estimates that cover the general source categories of stationary point 
sources, stationary nonpoint sources, nonroad mobile sources, and 
onroad mobile sources. The pollutants that comprise the inventory 
include PM2.5 and precursors to the formation of 
PM2.5 including nitrogen oxides (NOX), volatile 
organic compounds (VOCs), ammonia (NH3), and sulfur dioxide 
(SO2). EPA reviewed the results, procedures and 
methodologies for the 2008 base year emissions inventory in accordance 
with current EPA guidance, ``Emissions Inventory Guidance for 
Implementation of Ozone and Particulate Matter NAAQS and Regional Haze 
Regulations,'' August 2005. The year 2008 was selected by Ecology as 
the base year for the emissions inventory in accordance with 40 CFR 
51.1008(b). Ecology's SIP revision contained a discussion of the 
emissions inventory development process and relevant requirements, as 
well as the emissions inventory. EPA agrees that the process used to 
develop this emissions inventory meets the requirements of CAA section 
172(c)(3), the implementing regulations, and EPA guidance for emission 
inventories.
    Appendix B of the SIP revision, titled ``SIP Strengthening Rules,'' 
contains the most recent version of Regulation 1--Article 13: Solid 
Fuel Burning Device Standards, adopted by the PSCAA Board on October 
25, 2012. These rule changes were adopted to help implement the 
recommendations of the Tacoma-Pierce County Clean Air Task Force. This 
task force was an advisory committee of community leaders, citizen 
representatives, public health advocates, and other affected parties 
convened from May 2011 through December 2011 to develop 
PM2.5 reduction strategies for the Tacoma-Pierce County 
area. The task force had three primary recommendations:
     Strategy #1: Enhancing enforcement of burn bans--This 
strategy is intended to ensure that those who are contributing the most 
to the fine particle pollution during periods of the poorest air 
quality reduce their emissions.
     Strategy #2: Requiring removal of uncertified wood stoves 
and inserts--The intent of this strategy is to reduce pollution by 
removing the older, more polluting wood stoves and inserts from the 
nonattainment area.
     Strategy #3: Reducing fine particle pollution from other 
sources--Approximately one-quarter to one-third of the reductions 
needed to meet the federal fine particle pollution standard will be 
achieved through new federal regulations and local initiatives related 
to gasoline and diesel engines, ships, and industry.
    The SIP revision submitted by Ecology requests EPA approval of the 
revised PSCAA Regulation 1--Article 13: Solid Fuel Burning Device 
Standards as a regulation that strengthens the SIP. Specifically, the 
revised PSCAA regulation implements the task force strategies of 
enhancing the enforcement of burn bans and requiring the removal of 
uncertified wood stoves and inserts. Strategy 3 is not 
included as part of this SIP revision because the emission reductions 
will be achieved primarily through changes to the federal regulations 
as well as ongoing efforts such as those funded under the Diesel 
Emissions Reduction Act. While these strategies were recommended by the 
task force specifically to address PM2.5 pollution in the 
Tacoma-Pierce County nonattainment area, the rule revisions contained 
in PSCAA Regulation 1--Article 13 apply throughout the jurisdiction of 
Puget Sound Clean Air Agency.

[[Page 4806]]

III. Proposed Action

    EPA is proposing to approve Washington's SIP revision dated 
November 28, 2012, specifically Appendix A, ``2008 Baseline Emissions 
Inventory and Documentation'' and Appendix B, ``SIP Strengthening 
Rules.'' We have made the determination that this action is consistent 
with section 110 of the CAA. EPA is soliciting public comments which 
will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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 CAA; 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 proposed approval does not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000). Consistent 
with EPA policy, EPA nonetheless provided a consultation opportunity to 
the Puyallup Tribe in a letter dated December 11, 2012. EPA did not 
receive a request for consultation.

List of Subjects in 40 CFR Part 52

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

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

    Dated: January 7, 2013.
 Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2013-01339 Filed 1-22-13; 8:45 am]
BILLING CODE 6560-50-P
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