[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Pages 45429-45431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18611]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2015-0330; FRL-9931-46-Region 10]
Approval and Promulgation of Implementation Plans; Washington:
Interstate Transport of Fine Particulate Matter
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Clean Air Act (CAA) requires each State Implementation
Plan (SIP) to contain adequate provisions prohibiting air emissions
that will have certain adverse air quality effects in other states. On
May 11, 2015, the State of Washington submitted a SIP revision to the
Environmental Protection Agency (EPA) to address certain interstate
transport requirements with respect to the 2006 24-hour fine
particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS). The EPA has determined that Washington adequately
addressed these CAA interstate transport requirements for the 2006 24-
hour PM2.5 NAAQS.
DATES: This final rule is effective August 31, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2015-0330. 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. The EPA requests that
if at all possible, you contact the individual listed in the FOR
[[Page 45430]]
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: For information please contact Jeff
Hunt at (206) 553-0256, [email protected], or by using the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Final Action
III. Statutory and Executive Orders Review
I. Background Information
On June 10, 2015, the EPA proposed to find that Washington
adequately addressed the interstate transport requirements of CAA
section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 NAAQS
(80 FR 32870). An explanation of the CAA requirements, a detailed
analysis of the submittal, and the EPA's reasons for approval were
provided in the notice of proposed rulemaking, and will not be restated
here. The public comment period for this proposed rule ended on July
10, 2015. The EPA received no comments on the proposal.
II. Final Action
The EPA has determined that the Washington SIP meets the CAA
section 110(a)(2)(D)(i)(I) interstate transport requirements for the
2006 24-hour PM2.5 NAAQS.
III. Statutory and Executive Orders Review
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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 this action does not involve technical standards; and
Does not provide the 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).
The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). Washington's SIP
is approved to apply on non-trust land within the exterior boundaries
of the Puyallup Indian Reservation, also known as the 1873 Survey Area.
Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C.
1773, Congress explicitly provided state and local agencies in
Washington authority over activities on non-trust lands within the 1873
Survey Area.
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. The 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 28, 2015. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 15, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 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. In Sec. 52.2470, table 2 in paragraph (e) is amended by adding the
entry ``Interstate Transport for the 2006 24-hour PM2.5
NAAQS'' to the end of the table to read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(e)* * *
[[Page 45431]]
Table 2--Attainment, Maintenance, And Other Plans
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Applicable
geographic or State
Name of SIP provision nonattainment submittal date EPA approval date Comments
area
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* * * * * * *
110(a)(2) Infrastructure and Interstate Transport
* * * * * * *
Interstate Transport for the Statewide........ 5/11/15 7/30/15............... This action addresses
2006 24-hour PM2.5 NAAQS. [Insert Federal CAA
Register citation]. 110(a)(2)(D)(i)(I).
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[FR Doc. 2015-18611 Filed 7-29-15; 8:45 am]
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