[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42042-42043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17467]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0329; FRL-9930-69-Region 10]


Approval and Promulgation of Implementation Plans; Washington: 
Interstate Transport Requirements for the 2008 Lead 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 approving a 
submittal by the Washington Department of Ecology (Ecology) 
demonstrating that the State Implementation Plan (SIP) meets certain 
interstate transport requirements of the Clean Air Act (CAA) for the 
National Ambient Air Quality Standards (NAAQS) promulgated for lead 
(Pb) on October 15, 2008 and nitrogen dioxide (NO2) on 
January 22, 2010. Specifically, Ecology conducted an emissions 
inventory analysis and reviewed monitoring data to show that sources in 
Washington do not significantly contribute to nonattainment or 
interfere with maintenance of the 2008 Pb and 2010 NO2 NAAQS 
in any other state.

DATES: This final rule is effective August 17, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2015-0329. 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:

Table of Contents

I. Background Information
II. Final Action
III. Statutory and Executive Orders Review

I. Background Information

    On October 15, 2008 (73 FR 66964) and January 22, 2010 (75 FR 
6474), the EPA revised the Pb and NO2 NAAQS, respectively. 
Within three years after promulgation of a new or revised standard, 
states must submit SIPs meeting the requirements of CAA sections 
110(a)(1) and (2), often referred to as ``infrastructure'' 
requirements. On May 11, 2015, Ecology submitted a SIP revision to 
address the CAA section 110(a)(2)(D)(i)(I) requirements demonstrating 
that sources in Washington do not significantly contribute to 
nonattainment or interfere with maintenance of the 2008 Pb and 2010 
NO2 NAAQS in any other state. On May 27, 2015, the EPA 
proposed to find that the Washington SIP meets the CAA section 
110(a)(2)(D)(i)(I) interstate transport requirements for the 2008 Pb 
and 2010 NO2 NAAQS (80 FR 30200). 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 June 26, 2015. The EPA received no 
comments on the proposal.

II. Final Action

    The EPA reviewed the May 11, 2015 submittal from Ecology 
demonstrating that sources in Washington do not significantly 
contribute to nonattainment or interfere with maintenance of the 2008 
Pb and 2010 NO2 NAAQS in any other state. The EPA has 
determined that the Washington SIP meets the CAA section 
110(a)(2)(D)(i)(I) interstate transport requirements for the 2008 Pb 
and 2010 NO2 NAAQS. This action is being taken under section 
110 of the CAA.

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:

[[Page 42043]]

     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. Consistent with EPA policy, the EPA 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 September 14, 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 6, 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 2008 Pb and 2010 NO2 
NAAQS'' at the end of the table to read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (e) * * *

                                Table 2--Attainment, Maintenance, and Other Plans
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                                       Applicable
     Name of SIP  provision          geographic or     State 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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                                                  * * * * * * *
Interstate Transport for the      Statewide..........         5/11/15   7/16/15 [Insert      This action
 2008 Pb and 2010 NO2 NAAQS.                                             Federal Register     addresses CAA
                                                                         citation].           110(a)(2)(D)(i)(I)
                                                                                              .
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[FR Doc. 2015-17467 Filed 7-15-15; 8:45 am]
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