[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Proposed Rules]
[Pages 79652-79654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31262]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0628: FRL-9904-95-Region 10]


Approval and Promulgation of Implementation Plans; Washington: 
State Implementation Plan Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to approve changes to the Washington 
State Implementation Plan (SIP) submitted by the Washington Department 
of Ecology (Ecology) dated November 20, 2013. This SIP revision updates 
ambient air quality standards for carbon monoxide, lead, nitrogen 
dioxide, ozone, particulate matter, and sulfur dioxide.

DATES: Comments must be received on or before January 30, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2013-0628, by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Mail: Jeff Hunt, EPA, Office of Air, Waste, and Toxics, AWT-107, 
1200 Sixth Avenue, Suite 900, Seattle, Washington 98101.
    C. Email: [email protected].
    D. Hand Delivery: EPA, Region 10 Mailroom, 9th Floor, 1200 Sixth 
Avenue, Seattle, Washington 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-
2013-0628. The 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 that is 
restricted by statute from disclosure. 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 the EPA will not know your 
identity or contact information

[[Page 79653]]

unless you provide it in the body of your comment. If you send an email 
comment directly to the 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, the 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 the 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the 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 electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
that is restricted by statute from disclosure. 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 at 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, Washington 
98101.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, (206) 553-0256; or by email 
at [email protected]:[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Analysis of the State's Submittal
III. Proposed Action
IV. Statutory and Executive Orders Reviews

I. Background

    Sections 108 and 109 of the Clean Air Act (CAA or Act) govern the 
establishment, review, and revision, as appropriate, of the National 
Ambient Air Quality Standards (NAAQS) to protect public health and 
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards 
themselves. The EPA's regulatory provisions that govern the NAAQS are 
found at 40 CFR Part 50--National Primary and Secondary Ambient Air 
Quality Standards. In this rulemaking, the EPA is proposing to approve 
the State of Washington's SIP submission, dated November 20, 2013, 
amending the SIP to include updated ambient air quality standards for 
carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and 
sulfur dioxide. These updated standards are found at Chapter 173-476 
Washington Administrative Code (WAC) Ambient Air Quality Standards, 
included in the docket for this proposed rulemaking and summarized 
below.

II. Analysis of the State's Submittal

    Effective November 20, 2013, Washington consolidated all existing 
state ambient air quality standards into a new Chapter 173-476 WAC 
Ambient Air Quality Standards. The new rule has thirteen sections:

 WAC 173-476-010 Purpose.
 WAC 173-476-020 Applicability.
 WAC 173-476-030 Definitions.
 WAC 173-476-100 Ambient Air Quality Standard for PM-10.
 WAC 173-476-110 Ambient Air Quality Standards for PM-2.5.
 WAC 173-476-120 Ambient Air Quality Standard for Lead (Pb).
 WAC 173-476-130 Ambient Air Quality Standards for Sulfur 
Oxides (Sulfur Dioxide).
 WAC 173-476-140 Ambient Air Quality Standard for Nitrogen 
Oxides (Nitrogen Dioxide).
 WAC 173-476-150 Ambient Air Quality Standard for Ozone.
 WAC 173-476-160 Ambient Air Quality Standards for Carbon 
Monoxide.
 WAC 173-476-170 Monitor Siting Criteria.
 WAC 173-476-180 Reference Conditions.
 WAC 173-476-900 Table of Standards.

    The EPA's analysis of Washington's submission, organized 
alphabetically by pollutant, is discussed below.

a. Carbon Monoxide

    On September 13, 1985, the EPA promulgated 1-hour and 8-hour 
average concentration NAAQS for carbon monoxide of 35 parts per million 
(ppm) and 9 ppm, not to be exceeded more than once per year. See 50 FR 
37501. In the November 20, 2013 SIP submission, Washington requested 
EPA approval of section WAC 173-476-160 Ambient Air Quality Standards 
for Carbon Monoxide consistent with the 1-hour and 8-hour carbon 
monoxide NAAQS. The EPA has reviewed this revision to the WAC and has 
made the determination that this change is consistent with federal 
regulations; thus, the EPA is proposing approval of this change to 
Washington's SIP.

b. Lead

    On November 12, 2008, the EPA revised the lead NAAQS from 1.5 
micrograms per cubic meter ([micro]g/m\3\) to 0.15 [micro]g/m\3\ based 
on a rolling 3-month average. See 73 FR 66964. Accordingly, in the 
November 20, 2013 SIP submission, Washington requested EPA approval of 
section173-476-120 WAC Ambient Air Quality Standard for Lead (Pb) to be 
consistent with the NAAQS that were promulgated in 2008. The EPA has 
reviewed this revision to the WAC and has made the determination that 
this change is consistent with federal regulations; thus, the EPA is 
proposing to approve this change to Washington's SIP.

c. Nitrogen Dioxide

    On October 8, 1996, the EPA promulgated an annual nitrogen dioxide 
NAAQS set at 53 ppb. See 61 FR 52852. On February 9, 2010, the EPA 
promulgated a 1-hour nitrogen dioxide NAAQS set at 100 ppb. See 75 FR 
6474. Accordingly, in the November 20, 2013 SIP submission, Washington 
requested EPA approval of section 173-476-140 WAC Ambient Air Quality 
Standards for Nitrogen Oxides (Nitrogen Dioxide) to be consistent with 
the NAAQS that were promulgated in 1996 and 2010. The EPA has reviewed 
the changes to the WAC for nitrogen dioxide and has made the 
determination that the changes are consistent with federal regulations; 
thus, the EPA is proposing to approve the changes to Washington's SIP.

d. Ozone

    On March 27, 2008, the EPA promulgated an 8-hour ozone NAAQS set at 
75 ppb. See 73 FR 16436. Accordingly, in the November 20, 2013 SIP 
submission, Washington requested EPA approval of section 173-476-150 
WAC Ambient Air Quality Standard for Ozone to be consistent with the 8-
hour ozone NAAQS promulgated in 2008. The EPA has reviewed this 
revision to the WAC for ozone and has made the determination that this 
change is consistent with federal regulations; thus, the EPA is 
proposing approval of this change to Washington's SIP.

e. Particulate Matter

    Effective March 18, 2013, the EPA revised the NAAQS for fine 
particulate matter (PM2.5) to an annual average of 12 
[micro]g/m\3\ while retaining the 24-hour NAAQS set at 35 [micro]g/
m\3\. See 78 FR 3277. Accordingly, in the November 20, 2013 SIP 
submission, Washington requested EPA approval of Chapter 173-476-110 
WAC Ambient Air Quality Standards for Particulate Matter, PM-2.5 to be 
consistent with the NAAQS

[[Page 79654]]

that were promulgated in 2013. Washington State also requested EPA 
approval of section 173-476-100 WAC Ambient Air Quality Standard for 
Particulate Matter, PM-10 consistent with the EPA's 24-hour course 
particulate matter (PM10) NAAQS contained in 40 CFR 50.6. 
The EPA has reviewed this revision to the WAC for PM2.5 and 
PM10 and has made the determination that these changes are 
consistent with federal regulations; thus, the EPA is proposing to 
approve these changes to Washington's SIP.

f. Sulfur Dioxide

    In the November 20, 2013 SIP submission, Washington requested EPA 
approval of section 173-476-130 WAC Ambient Air Quality Standards for 
Sulfur Oxides (Sulfur Dioxide) consistent with the 1-hour sulfur 
dioxide NAAQS promulgated by the EPA on June 22, 2010, the 3-hour 
sulfur dioxide NAAQS promulgated by the EPA on May 22, 1996, and the 
24-hour sulfur dioxide NAAQS also promulgated by the EPA on May 22, 
1996. See 75 FR 35520 and 61 FR 25580. Lastly, Ecology requested EPA 
approval of the state annual sulfur dioxide air quality standard that 
is more stringent than the corresponding federal NAAQS. Under the 
provisions of 40 CFR 50.2(d) states are permitted to establish more 
stringent standards than the national standards. The EPA has reviewed 
this revision to the WAC and has made the determination that this 
change is consistent with federal regulations; thus, the EPA is 
proposing approval of this change to Washington's SIP.

III. Proposed Action

    The EPA is proposing approval of Chapter 173-476 WAC Ambient Air 
Quality Standards into the State of Washington's SIP. These changes are 
consistent with, or more stringent than, the EPA's standards for carbon 
monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur 
dioxide. Secondly, Ecology repealed Chapter 173-470 WAC that contained 
outdated standards for particulate matter, previously approved into the 
SIP on January 15, 1993 (58 FR 4578). Ecology asked the EPA to remove 
Chapter 173-470 from the SIP because all current particulate matter 
standards are now consolidated in the newly created Chapter 173-476 
WAC. The EPA is proposing to approve this request.

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 Act 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 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 Clean Air Act; 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 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 
provided a consultation opportunity to the Puyallup Tribe in a letter 
dated September 3, 2013. The EPA did not receive a request for 
consultation.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: December 19, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2013-31262 Filed 12-30-13; 8:45 am]
BILLING CODE 6560-50-P