[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Rules and Regulations]
[Pages 77578-77580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31460]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0334; FRL-9940-05-Region 10]


Approval and Promulgation of Implementation Plans; Washington: 
Interstate Transport of Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Clean Air Act (CAA) requires each State Implementation 
Plan (SIP) to contain adequate provisions prohibiting emissions that 
will have certain adverse air quality effects in other states. On May 
11, 2015, the State of Washington made a submittal to the Environmental 
Protection Agency (EPA) to address these requirements. The EPA is 
approving the submittal as meeting the requirement that each SIP 
contain adequate provisions to prohibit emissions that will contribute 
significantly to nonattainment or interfere with maintenance of the 
2008 ozone National Ambient Air Quality Standard (NAAQS) in any other 
state.

DATES: This final rule is effective January 14, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2015-0334. All documents in the docket are 
listed on the http://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

[[Page 77579]]

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 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 27, 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 2008 ozone NAAQS (80 FR 65672). 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 November 27, 
2015. The EPA received no comments on the proposal.

II. Final Action

    The EPA approves the Washington SIP as meeting the CAA section 
110(a)(2)(D)(i)(I) interstate transport requirements for the 2008 ozone 
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 February 16, 2016. 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 1, 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, paragraph (e) is amended by adding an entry to the 
end of ``Table 2 -Attainment, Maintenance, and Other Plans'' to reads 
as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (e) * * *

[[Page 77580]]



                                Table 2--Attainment, Maintenance, and Other Plans
----------------------------------------------------------------------------------------------------------------
                               Applicable geographic       State        EPA Approval
    Name of SIP provision      or nonattainment area  submittal date        date                Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Interstate Transport for the   Statewide............         5/11/15  12/15/15         This action addresses CAA
 2008 Ozone NAAQS.                                                     [Insert          110(a)(2)(D)(i)(I).
                                                                       Federal
                                                                       Register
                                                                       citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-31460 Filed 12-14-15; 8:45 am]
 BILLING CODE 6560-50-P