What Will EPA Decide by When

Now that it's clear the State of Washington has made its recommendation to include the bulk of the metro area into a Wapato Hills-Puyallup Valley Non-attainment Area for PM2.5, the questions are what will EPA decide to do and by when?

EPA is required (Section 107(d)(1)) of the Clean Air Act to notify states no later than 120 days prior to the signature date for designations if it will modify the states recommendations. Signature on final designations is due by December 18, 2008. Therefore if the Agency (Administrator) modifies designation recommendations, it will send letters to those states where it intends to modify in July of 2008.

States will then have an opportunity to explain why they think EPA's modification is not appropriate (has been by letter, informally in the past). EPA is saying it will not be publishing a proposed notice and soliciting comments. The administrator's signature will be on its final action.

EPA will publish a final rule soon after the Administrator's signature (expect in January 2009 or late December 2008 depending on when the designations are signed). That rule will be effective 90 days later, likely in March 2009.

Capping the CAPO

The City of Tacoma has received a 60-day extension from the Growth Management Hearings Board for the purpose of conducting a second public hearing before the Tacoma Planning Commission. Below is an updated schedule for completion of the CAPO update.

The Planning Commission has set a public hearing on April 16, 2008 at 5:00 p.m.

April 2
Planning Commission - Authorize Public Distribution of Revised CAPO Regulations; Set Public Hearing date

April 16
Planning Commission Public Hearing

April 25
Planning Commission Public Comment Period Ends

May 7
Planning Commission discussion of testimony

May 21
Planning Commission Recommendation to City Council

June 3
City Council Study Session on draft CAPO regulations and Commission’s Recommendations

June 10
City Council Public Hearing on draft CAPO regulations

June 17
1st Reading of Ordinance

June 24
2nd Reading of Ordinance/Adoption

July 1
Deadline for City Council action

This process has been moving very quickly. The Chamber and numerous businesses had recommended an extension of the CAPO development period so that unintended consequences,, conflicts and duplicative regulations would not be imposed.

The community has made a lot of progress in crafting the revised CAPO, click on "Critical Areas Preservation Ordinance." However, there are still some outstanding issues and concerns and this extension will allow the City to hold an additional public comment period in which the City can listen and respond constructively to additional input.

Please feel free to contact staff Molly Harris at 253-591-5383 or Stephen Atkinson at 253-591-5531 if you have any questions or concerns.

Score for Workforce Development

Our mutual celebration and thanks to Sen. Derek Kilmer and Rep. Troy Kelley for the successful inclusion of our legislative agenda items 1) "do not harm" for Guard/Reserve deployed and 2) granting credit for applicable military for civilian professional accreditation.

This is an important first step. Over the coming months, we can take the opportunity to encourage a responsible study of these items, and pursuit of legislation in the next legislative session.

But first, please offer our thanks to Sen. Kilmer and Rep. Kelley.

Here's where to find the details:

Page 221 (6) in the budget has the one for licensing on holding in abeyance. The language is:

(6) The department of licensing and the department of health shall jointly review and report to the appropriate policy committees of the legislature by December 1, 2008, recommendations for implementing a process of holding in abeyance for up to six months following the conclusion of active duty service the expiration of, and currency requirements for, professional licenses and certificates for individuals who have been called to active duty military service.

Also, items 44 and 45 on page 164 of the budget:

(44) The department of licensing and the department of health shall jointly review and report to the appropriate policy committees of the legislature by December 1, 2008, recommendations for implementing a process of holding in abeyance for up to six months following the conclusion of active duty service the expiration of, and currency requirements for, professional licenses and certificates for individuals who have been called to active duty military service.

(45) The higher education coordinating board, the department of licensing, and the department of health shall jointly review and report to appropriate policy committees of the legislature by December 1, 2008, on barriers and opportunities for increasing the extent to which veterans separating from duty are able to apply skills sets and education required while in service to certification, licensure, and degree requirements.

Senator Derek Kilmer Visits Chamber's Public Affairs Council

Senator Derek Kilmer met with the Tacoma-Pierce County Chamber's Public Affairs Council today to discuss the recent legislative session.

"When every group and organization in this community is rowing toward the same goal, you can get things done with our Pierce County delegation."

Senator Kilmer highlighted the accomplishments of the Washington state legislature during this short session (60 days), which concerned mainly education, economic development, climate change, and some transportation issues.

On the issue of education, the legislature funded $50 million in new monies to assist with full-day kindergarten classes and school libraries. The legislature also reviewed the funding formula for education in this state. "We haven't looked at that formula," Sen. Kilmer said, "since 'Laverne & Shirley' were on tv." While the legislature has not come to any conclusions, Senator Kilmer felt it was a step in the right direction.

On the economic development front, one of the best pieces of legislative news for the Tacoma area was the passage of SB 6626, a bill creating a sales and use tax deferral program for eligible investment projects in community empowerment zones. This bill is expected to be used for retaining the Russell Investment Group and attract similar companies to downtown Tacoma.

Climate change was a major issue for Governor Gregoire and the state legislature. A bill signed into law by the Governor will require quantifiable reductions in greenhouse gas pollution through a comprehensive plan by the end of 2008, have CTED and WSDOT create a regional strategy for putting the private sector to work on reducing greenhouse gases from transportation and major sectors of the economy, and identify incentives to bring green businesses and jobs to the state.

Transportation remains a critical issue for the legislature. This session the legislature passed a bill that places the decision-making authority for tolls solely with the state and provides rules for future toll measures. No major funding occurred for tranportation projects in this short session of the legislature. [For more information on transportation issues in Pierce County, visit the RAMP website.]

Sen. Kilmer's main advice for the group was to push for projects, legislation, and funding through a single agenda. "When every group and organization in this community is rowing toward the same goal, you can get things done with our Pierce County delegation," he said.

The Next Stage to DC

Susan Gordon, The News Tribune's environmental writer reports that the Washington State Department of Ecology has made its determination of the non-attainment boundaries within the metro area. Now named the Watapo Hills-Puyallup River Valley Nonattainment Area, a few minor revisions were made that differed from the Puget Sound Clean Air Agency's recommendations.

The Chamber observes that:

• The Chamber is pleased that DOE accepted PSCAA's determination that the military installations should not be in the nonattaiment area. PSCAA determined the installations had low density, few sources and aggressive environmental programs.


• The exclusion of Point Definace Park and the northeast Tacoma residential area do not bring any value to the issue. Probable programs to address the cause of the non-attainment would not address northeast Tacoma, and the area is not suspected of being a contributor to the problem.


• The Chamber is disappointed that the port-industrial area is retained within the non-attainment area. The port-industrial area continues to be below the allowable limits for particulate matter of 2.5 microns (PM2.5). What goal must be achieved for the port-industrial area to comply with the standard and remove itself from the designated area?

EPA's federal standard for daily fine particulate matter (PM2.5) requires a 3-year average of 98th percentiles (called 'design values') to be compared to the daily standard of 35 micrograms per cubic meter (ug/m3). The most recent 3-year time period available is 2005, 2006, and 2007.

PM2.5 98th percentiles at Alexander Avenue are:

2005 30.0 ug/m3

2006 36.5 ug/m3

2007 33.9 ug/m3

This calculated to a 2005-2007 design value of 33.5 ug/m3 - which according to EPA rounding conventions gets rounded up to 34 ug/m3. The next stage for the decision of what will be declared as a non-attainment area will be by the U.S. Environmental Protection Agency, in Washington, D.C.

Stay in the Flow

Today is the last day for public comments about Tacoma's new NPDES Municipal Stormwater Permit.

The NPDES stormwater permit regulates the discharge of stormwater froml the City's system to local waterways. This permit is supported by a plan that will remain in effect for five years. For more information from City staff , contact Shauna Hansen at 253-502-2119.

The Chamber's comments are:

Capping CAPO Comments

Today, interested and involved parties must submit comments to the Tacoma Planning Commission in response to its public hearing on the latest draft of the Critical Areas Preservation Ordinance (CAPO) Update mandated by the Growth Management Hearings Board.

The CAPO Update is available at at this link, then click on Critical Areas Preservation Ordinance Update or contact Community and Economic Development Staff:

• Molly Harris, 253-591-5383
  
• Stephen Atkinson, 253-591-5531

The Chamber's comments: