[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]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.<SUP>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.<SUP>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.
---------------------------------------------------------------------------

    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.<SUP>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).
---------------------------------------------------------------------------

    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.<SUP>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.
---------------------------------------------------------------------------

    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]
BILLING CODE 6560-50-P