[Federal Register Volume 80, Number 9 (Wednesday, January 14, 2015)]
[Rules and Regulations]
[Pages 1849-1851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00013]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0745; FRL-9921-29-Region 10]


Approval and Promulgation of Implementation Plans; Washington: 
Infrastructure Requirements for the 2008 Ozone and 2010 Nitrogen 
Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving and partially disapproving the State Implementation Plan 
(SIP) submittal from Washington, received September 22, 2014, 
demonstrating that the SIP meets the infrastructure requirements of the 
Clean Air Act (CAA) for the National Ambient Air Quality Standards 
(NAAQS) promulgated for ozone on March 12, 2008, and nitrogen dioxide 
(NO2) on January 22, 2010. The CAA requires that each state, 
after a new or revised NAAQS is promulgated, review their SIP to ensure 
that it meets the infrastructure requirements necessary to implement 
the new or revised NAAQS. Washington certified that the Washington SIP 
meets the infrastructure requirements of the CAA for the 2008 ozone and 
2010 NO2 NAAQS, except for those requirements related to the 
Prevention of Significant Deterioration (PSD) permitting program 
currently operated under a Federal Implementation Plan (FIP), certain 
elements of the regional haze program currently operated under a FIP, 
and specific requirements related to interstate transport which will be 
addressed in a separate action. The EPA has determined that the 
Washington SIP is adequate for purposes of the infrastructure SIP 
requirements of the CAA with the exceptions noted above. The EPA has 
determined that the SIP deficiencies related to PSD permitting and 
regional haze, however, have been adequately addressed by the existing 
EPA FIPs and, therefore, no further action is required by Washington or 
the EPA for those elements. The EPA will address the remaining 
interstate transport requirements in a separate action.

DATES: This final rule is effective February 13, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2014-0745. 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 
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: 

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials ``Act'' or ``CAA'' mean or refer to the 
Clean Air Act, unless the context indicates otherwise.
    (ii) The words ``EPA'', ``we'', ``us'' or ``our'' mean or refer to 
the United States Environmental Protection Agency.
    (iii) The initials ``SIP'' mean or refer to State Implementation 
Plan.
    (iv) The words ``Washington'' and ``State'' mean the State of 
Washington.

Table of Contents

I. Background Information
II. Response to Comments
II. Final Action
IV. Statutory and Executive Orders Review


[[Page 1850]]



I. Background Information

    On July 18, 1997, the EPA promulgated a new NAAQS for ozone. The 
EPA revised the ozone NAAQS to provide an 8-hour averaging period which 
replaced the previous 1-hour averaging period, and the level of the 
NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR 
38856). Subsequently, on March 12, 2008, the EPA revised the levels of 
the primary and secondary 8-hour ozone standards to 0.075 ppm (73 FR 
16436).
    The EPA first set standards for NO2 in 1971, setting 
both a primary standard (to protect health) and a secondary standard 
(to protect the public welfare) at 53 parts per billion (53 ppb), 
averaged annually. The EPA reviewed the standards in 1985 and 1996, 
deciding to retain the standards at the conclusion of each review. In 
2005, the EPA began another review, resulting in the January 22, 2010, 
rulemaking to establish an additional primary NO2 standard 
at 100 ppb, averaged over one hour (75 FR 6474).
    States must submit SIPs meeting the requirements of CAA sections 
110(a)(1) and (2) within three years after promulgation of a new or 
revised standard. CAA sections 110(a)(1) and (2) require states to 
address basic SIP requirements, including emissions inventories, 
monitoring, and modeling to implement, maintain, and enforce the 
standards, so-called ``infrastructure'' requirements. To help states 
meet this statutory requirement, the EPA issued guidance to address 
infrastructure SIP elements generally for all NAAQS, including the 2008 
ozone and 2010 NO2 NAAQS.\1\ As noted in the guidance 
document, to the extent an existing SIP already meets the CAA section 
110(a)(2) requirements, states may certify that fact via a letter to 
the EPA. On September 22, 2014, Washington made a submittal to the EPA 
certifying that the current Washington SIP meets the CAA section 
110(a)(1) and (2) infrastructure requirements for the 2008 ozone and 
2010 NO2 NAAQS, except for certain requirements related to 
PSD permitting, regional haze, and interstate transport. The EPA 
proposed action on the submittal on October 17, 2014 (79 FR 62379). The 
comment period closed on November 17, 2014.
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    \1\ Stephen D. Page, Director, Office of Air Quality Planning 
and Standards. ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1-10, 
September 13, 2013.
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II. Response to Comments

    The EPA received one comment on its proposal.
    Comment: ``I think the EPA should back of[f] at trying to cripple 
working people by closing down COAL and COAL Fired Boilers. Try 
stopping other countries from pollution in the world.''
    Response: The EPA evaluated the existing Washington SIP to 
determine if it meets the CAA section 110(a)(1) and (2) infrastructure 
requirements for the 2008 ozone and 2010 NO2 NAAQS. Neither 
the EPA nor Washington proposed new regulations related to coal or coal 
fired boilers in this action. Therefore, this comment is not relevant 
to this action and we are finalizing this partial approval and partial 
disapproval of the September 22, 2014, Washington SIP submittal as 
originally proposed.

III. Final Action

    The EPA is partially approving and partially disapproving the 
September 22, 2014, submittal from Washington demonstrating that the 
SIP meets the requirements of sections 110(a)(1) and (2) of the CAA for 
the 2008 ozone and 2010 NO2 NAAQS. Specifically, we have 
determined that the current EPA-approved Washington SIP meets the 
following CAA section 110(a)(2) infrastructure elements: (A), (B), 
(C)--except for those elements covered by the PSD FIP, (D)(i)(II)--
except for those elements covered by the PSD and regional haze FIPs, 
(D)(ii)--except for those elements covered by the PSD FIP, (E), (F), 
(G), (H), (J)--except for those elements covered by the PSD FIP, (K), 
(L), and (M). As discussed in the proposal for this action, the EPA 
anticipates no adverse consequences to Washington or to sources in the 
State resulting from the partial disapproval of the infrastructure SIP 
with respect to the PSD and regional haze FIPs. The EPA, likewise, 
anticipates no additional FIP responsibilities for PSD and regional 
haze as a result of the partial disapproval. Interstate transport 
requirements with respect to CAA section 110(a)(2)(D)(i)(I) for the 
2008 ozone and 2010 NO2 NAAQS will be addressed in a 
separate action.

IV. Statutory and Executive Orders Review

    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 Clean Air Act. 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 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), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law. 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. Consistent with EPA policy, the

[[Page 1851]]

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.
    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 March 16, 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: December 18, 2014.
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 (e) by adding an entry 
entitled ``110(a)(2) Infrastructure Requirements--2008 Ozone and 2010 
Nitrogen Dioxide Standards'' in Table 2--Attainment, Maintenance, and 
Other Plans, at the end of the section with the heading ``110(a)(2) 
Infrastructure and Interstate Transport'' to read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (e) * * *

                                Table 2--Attainment, Maintenance, and Other Plans
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                                       Applicable         State
      Name of SIP provision          geographic or      submittal    EPA approval date           Comments
                                   nonattainment area      date
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                                                  * * * * * * *
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                                110(a)(2) Infrastructure and Interstate Transport
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                                                  * * * * * * *
110(a)(2) Infrastructure          Statewide..........      9/22/14  1/14/15 [Insert      This action addresses
 Requirements--2008 Ozone and                                        Federal Register     the following CAA
 2010 Nitrogen Dioxide Standards.                                    citation].           elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D)(i)(II),
                                                                                          (D)(ii), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M).
 
                                                  * * * * * * *
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[FR Doc. 2015-00013 Filed 1-13-15; 8:45 am]
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