[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Rules and Regulations]
[Pages 57073-57075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22478]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0174: FRL-9900-03-Region10]


Approval and Promulgation of Implementation Plans; Washington: 
Puget Sound Clean Air Agency Regulatory Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action to approve revisions to 
Washington's State Implementation Plan (SIP) submitted by the 
Washington State Department of Ecology on February 4, 2005 and August 
2, 2006. The submissions contain revisions to the

[[Page 57074]]

Puget Sound Clean Air Agency (PSCAA) regulations approved by the PSCAA 
Board in 2003, 2004, and 2005. These revisions relate primarily to 
control measures for limiting volatile organic compounds (VOC) 
emissions. On July 16, 2013, the EPA proposed to approve these 
revisions into Washington's SIP. The EPA is taking final action to 
approve these revisions because they satisfy the requirements of the 
Clean Air Act (CAA).

DATES: This final rule is effective on October 17, 2013.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2013-0174. All documents in the 
docket are listed on the http://www.regulations.gov Web site. Although 
listed in the index, some information may not be publicly available, 
i.e., Confidential Business Information 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 http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air, 
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington 
98101. The EPA requests that you contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 a.m. to 4:30p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, 
[email protected], or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On February 4, 2005 and August 2, 2006, the Director of the 
Washington State Department of Ecology (Ecology) submitted revisions to 
the Washington SIP to incorporate regulatory changes approved by the 
PSCAA Board in 2003, 2004, and 2005. These regulatory changes update 
control measures to limit VOC emissions from motor vehicle and mobile 
equipment coating operations. PSCAA also removed outdated regulations 
related to coatings and ink manufacturing to rely on the more stringent 
federal standards contained in 40 CFR part 63 (Subpart HHHHH--National 
Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating 
Manufacturing). Lastly, PSCAA modified Regulation I, Section 12.03 
``Continuous Emission Monitoring System'' in response to the EPA's 
concerns about enforcement authority. An explanation of the Clean Air 
Act requirements and implementing regulations that are met by this SIP, 
a detailed explanation of the revision, and the EPA's reasons for 
approving it were provided in the notice of proposed rulemaking 
published on July 16, 2013, and will not be restated here. See 78 FR 
42480. The public comment period for this proposed rule ended on August 
15, 2013. The EPA did not receive any comments on the proposal.
    The February 4, 2005 and August 2, 2006 submittals also contained 
revisions to PSCAA Regulation I, Article 13 ``Solid Fuel Burning Device 
Standards''; Regulation I, Section 3.11 ``Civil Penalties''; Regulation 
I, Section 3.25 ``Federal Regulation Reference Date''; and Regulation 
II, Section 2.07 ``Gasoline Dispensing Facilities'' that PSCAA 
subsequently revised after the 2006 submission. In the EPA's July 16, 
2013 proposal we explained that we would take no action on those 
outdated provisions.

II. Final Action

    The EPA is approving and incorporating by reference into the SIP 
revisions to the PSCAA regulations found in Regulation I, Section 12.03 
``Continuous Emission Monitoring Systems'' adopted September 23, 2004; 
Regulation II, Section 1.05 ``Special Definitions'' adopted July 24, 
2003; and Regulation II, Section 3.04 ``Motor Vehicle and Mobile 
Equipment Coating Operations'' adopted July 24, 2003, because they are 
consistent with CAA requirements. The EPA is removing from the 
Washington SIP Regulation II, Section 3.11 ``Coatings and Ink 
Manufacturing'' because these emission sources are covered by more 
stringent federal standards.

III. Statutory and Executive Order Reviews

    Under the CAA, 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, 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 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 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).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because it 
will not impose substantial direct costs on tribal governments or 
preempt tribal law. The SIP is not approved to apply in Indian country 
located in the State, except for 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 and the EPA is therefore approving this SIP 
on such lands. Consistent with EPA policy, the EPA nonetheless

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provided a consultation opportunity to the Puyallup Tribe in a letter 
dated June 6, 2013. 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 November 18, 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: September 3, 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 in paragraph (c) Table 4--PUGET SOUND 
CLEAN AIR AGENCY REGULATIONS:
0
a. By revising entry 12.03 under the heading ``Regulation I--Article 
12: Standards of Performance for Continuous Emission Monitoring 
Systems.''
0
b. By revising entry 1.05 under the heading ``Regulation II--Article 1: 
Purpose, Policy, Short Title, and Definitions.''
0
c. By revising entry 3.04 under the heading ``Regulation II--Article 3: 
Miscellaneous Volatile Organic Compound Emission Standards.''
0
d. By removing entry 3.11 ``Coatings and Ink Manufacturing'' under the 
heading
    ``Regulation II--Article 3: Miscellaneous Volatile Organic Compound 
Emission Standards.''


Sec.  52.  2470 Identification of plan.

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

                                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 I--Article 12: Standards of Performance for Continuous Emission Monitoring Systems
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                                                  * * * * * * *
12.03...........................  Continuous Emission         9/23/04  9/17/13............  ....................
                                   Monitoring Systems.                 [Insert page number
                                                                        where the document
                                                                        begins].
                                                  * * * * * * *
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                     Regulation II--Article 1: Purpose, Policy, Short Title, and Definitions
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                                                  * * * * * * *
1.05............................  Special Definitions         7/24/03  9/17/13............  ....................
                                                                       [Insert page number
                                                                        where the document
                                                                        begins].
                                                  * * * * * * *
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              Regulation II--Article 3: Miscellaneous Volatile Organic Compound Emission Standards
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                                                  * * * * * * *
3.04............................  Motor Vehicle and           7/24/03  9/17/13............  ....................
                                   Mobile Equipment                    [Insert page number
                                   Coating Operations.                  where the document
                                                                        begins].
                                                  * * * * * * *
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[FR Doc. 2013-22478 Filed 9-16-13; 8:45 am]
BILLING CODE 6560-50-P