[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Rules and Regulations]
[Pages 1128-1131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33177]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0813; FRL-9940-93-Region 10]


Approval and Promulgation of Implementation Plans; Washington; 
Removal of Obsolete Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to remove outdated rules in the Code of Federal 
Regulations (CFR) for the State of Washington because they are 
unnecessary or obsolete. The EPA is also clarifying regulations to 
reflect updated citations and more recent air quality monitoring data. 
This direct final action makes no substantive changes to the State 
Implementation Plan (SIP) and imposes no new requirements.

DATES: This rule is effective on March 11, 2016, without further 
notice, unless the EPA receives adverse comment by February 10, 2016. 
If the EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0813, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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

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

I. Introduction

    This action is being taken pursuant to Executive Order 13563--
Improving Regulation and Regulatory Review. It is intended to reduce 
the number of pages in the CFR by identifying those rules in 40 CFR 
part 52, subpart WW, for the State of Washington that are duplicative, 
outdated, or obsolete. These rules no longer have any use or legal 
effect because they have been superseded by subsequently approved SIP 
revisions. This action also amends certain rules by revising outdated 
citations and updating provisions based on more recent ambient air 
quality monitoring data. One aspect of the EPA's action removes 
historical information found in the ``Original Identification of plan'' 
section in 40 CFR 52.2477. This section is no longer necessary because 
the EPA promulgated administrative rule actions to replace these 
paragraphs with summary tables in 40 CFR 52.2470 (78 FR 17108, March 
20, 2013). These summary tables describe the regulations, source-
specific actions, and non-regulatory requirements which comprise the 
SIP.

II. Removal of Obsolete or Unnecessary Rules and Clarifications to 
Certain Rules

    The EPA reviewed the following regulations and found that they 
should be removed or revised for the reasons set forth as follows:

[[Page 1129]]

A. Section 52.2471 Classification of Regions

    In a submission received on September 22, 2014, included in the 
docket for this action, the Washington Department of Ecology (Ecology) 
reviewed air quality monitoring data for nitrogen dioxide 
(NO2) and ozone with respect to classifying regions under 40 
CFR 51.150. That section classifies regions based on air quality 
information for purposes of establishing requirements for emergency 
episode plans. The air quality information in 40 CFR 52.2471 regarding 
classification of regions in the State of Washington was last updated 
by the EPA on June 5, 1980 (45 FR 37836). Ecology confirmed that the 
classifications in Sec.  52.2471 remain correct for NO2 
based on 2012-2014 monitoring data. Ecology also confirmed that the 
classifications for ozone remain correct for all Air Quality Control 
Regions in Washington, except one. Based on a review of 2012-2014 data, 
Ecology noted that the classification for the Washington portion of the 
Portland Interstate Air Quality Control Region is out of date. The EPA 
reviewed the 2012-2014 data used by Ecology, as well as more recent 
2013-2015 data included in the docket for this action. We agree with 
Ecology's analysis that the Washington portion of the Portland 
Interstate Air Quality Control Region should be reclassified to 
Priority III based on more recent air quality monitoring data. The 
reclassification of the Washington portion of the Portland Interstate 
Air Quality Control Region from Priority I to Priority III will have no 
significant impact on the SIP because the current emergency episode 
plan covers the entire state and remains unchanged in the SIP since the 
EPA's last approval (58 FR 4578, January 15, 1993).
    The EPA also reviewed air quality monitoring data for carbon 
monoxide. Concentrations of carbon monoxide in ambient air have 
plummeted in the thirty-five years since the EPA's last update to the 
classifications in Sec.  52.2471, primarily due to improved Federal 
engine standards for motor vehicles. The highest 8-hour concentration 
observed at all monitors in Washington from 2013-2015 was 2.4 parts per 
million (ppm), which is well below the 8-hour carbon monoxide National 
Ambient Air Quality Standard (NAAQS) of 9 ppm and well below the 
Priority I classification level of 12 ppm. Similarly, the highest 1-
hour concentration observed at all monitors in Washington from 2013-
2015 was 4 ppm, which is well below the 1-hour carbon monoxide NAAQS of 
35 ppm and well below the Priority I classification level of 48 ppm. 
The EPA is therefore reclassifying all carbon monoxide areas in 
Washington as Priority III, the lowest classification level. As 
discussed above, this update to the classification levels will have no 
significant impact on the SIP because the current emergency episode 
plan covering the entire state remains unchanged in the SIP since the 
EPA's last approval. At this time, we are not assessing the 
classification levels for other pollutants (particulate matter and 
sulfur dioxide) because the data analysis required to do so, including 
consideration of any potential exceptional events, is beyond the scope 
of this action.

B. Section 52.2472 Extensions

    This section extended the attainment date for the Spokane and 
Wallula particulate matter (PM10) nonattainment areas until 
December 31, 1995 (60 FR 47280, September 12, 1995). In subsequent 
actions, the EPA redesignated both of these areas to attainment of the 
PM10 NAAQS (70 FR 38029, July 1, 2005 and 70 FR 50212, 
August 26, 2005), making this section obsolete. The EPA is therefore 
removing this section.

C. Section 52.2473 Approval Status

    This section, last updated February 23, 1982 (47 FR 7840), is out 
of date. The second sentence addresses the geographic applicability of 
the regulations in the Washington SIP. Applicability is now addressed 
in the tables in Sec.  52.2470, and this sentence is out of date and is 
being removed (see 79 FR 59653, October 3, 2014). The fourth sentence 
describes ozone-related reasonably available control technology (RACT) 
requirements under the 1977 Clean Air Act (CAA). This sentence is being 
removed because the EPA subsequently approved Washington SIP revisions 
for the ozone NAAQS under the requirements of the 1990 CAA (see 40 CFR 
52.2470(c) and (e)). Similarly, the fifth sentence in this section is 
also out of date and is being removed. It describes the requirements of 
the emission offset interpretive rule as it applies to permitting new 
sources in a nonattainment area, published January 16, 1979 (44 FR 
3274). This concern became obsolete when the EPA approved Washington 
Administrative Code (WAC) 173-400-091 ``Voluntary limits on emissions'' 
and WAC 173-400-112 ``Requirements for new sources in nonattainment 
areas'' (60 FR 28726, June 2, 1995). More recently, the EPA approved 
updates to Washington's nonattainment new source review permitting 
program as meeting all CAA requirements on November 7, 2014 (79 FR 
59653).

D. Section 52.2474 General Requirements

    This section, addressing public availability of emission data, is 
out of date (40 FR 55334, November 28, 1975), and is being removed. On 
October 3, 2014, the EPA approved WAC 173-400-175 ``Public 
Information'' as meeting the requirements of the CAA, including making 
ambient air quality data and emission data available to the public (79 
FR 59653). For a full discussion, please see the proposed approval of 
WAC 173-400-175 (79 FR 39351, 39357, July 10, 2014).

E. Section 52.2475 Approval of Plans

    This section is no longer necessary because the EPA replaced the 
historical information contained in this section with summary tables in 
Sec.  52.2470 (78 FR 17108, March 20, 2013). These summary tables 
describe the regulations, source-specific actions, and non-regulatory 
requirements which comprise the SIP, including a history of attainment 
plan and visibility protection SIP submittals. The EPA reviewed Sec.  
52.2475 to verify that all relevant historical information in this 
section is contained in Sec.  52.2470. The EPA is therefore removing 
Sec.  52.2475.

F. Section 52.2477 Original Identification of Plan Section

    Paragraphs (b) and (c) of Sec.  52.2477, originally designated as 
40 CFR 52.2470(b) and (c), contain historical information about the 
EPA's approval actions for the Washington SIP which occurred from 
January 28, 1972 until March 20, 2013. On March 20, 2013, the EPA 
reorganized the Identification of plan section (Sec.  52.2470) for 
subpart WW by listing and summarizing Washington's currently approved 
SIP requirements in Sec.  52.2470(a) through (e) (78 FR 17110). 
Paragraphs (b) and (c) of Sec.  52.2477 are being removed because the 
EPA has determined that it is no longer necessary to codify the 
information found in these paragraphs. Paragraph (a) of Sec.  52.2477 
is being amended to state that this historical information will 
continue to be made available in the CFR annual editions, title 40, 
part 52 (years 1996 through 2012). These annual editions are available 
on line at the following url address: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

[[Page 1130]]

G. Section 52.2495 Voluntary Limits on Potential To Emit

    This section discusses the mechanisms for issuance of voluntary 
limits on potential to emit in Washington. In 1995, the EPA approved 
this regulation (with a state effective date of September 20, 1993) as 
meeting the requirements for Federally-enforceable state operating 
permit programs set forth in 54 FR 27274 (June 28, 1989), with respect 
to criteria pollutants and pollutants regulated under the PSD program 
under section 110 of the CAA (as part of the SIP) and with respect to 
hazardous air pollutants under section 112(l) of the CAA (as part of 
Ecology's CAA section 112 program and not as part of the SIP). See 60 
FR 9805 (proposed action); 60 FR 28726 (final action). Subsequent to 
that approval, Ecology made minor changes to WAC 173-400-091. The EPA 
approved these minor changes to the Washington SIP in 2014 with respect 
to criteria pollutants and pollutants regulated under the PSD program 
(referred to as ``regulated NSR pollutants''). See 79 FR 39351, 39354 
(July 10, 2014) (proposed action); 79 FR 59653 (final action). The 1993 
version of WAC 173-400-091 continues to be the approved version for 
purposes of section 112(l). The EPA is amending Sec.  52.2495 to make 
it clear that WAC 173-400-091 remains approved under both sections 110 
and 112(l) of the CAA, and that the SIP-approved version is identified 
in Sec.  52.2470(c). The EPA is also deleting the reference in Sec.  
52.2495 to 40 CFR 51.104(e) because that paragraph has been repealed.

III. Final Action

    The EPA has determined that the above referenced rules should be 
removed or revised at this time. The EPA is publishing this rule 
without prior proposal because the Agency views this as a 
noncontroversial action and anticipates no adverse comment. However, in 
the ``Proposed Rules'' section of this Federal Register, the EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on March 11, 2016 without further notice unless the EPA 
receives adverse comment by February 10, 2016. If the EPA receives 
adverse comment, the EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. The EPA will address all public comments in a subsequent final 
rule based on the proposed rule. The EPA will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. Please note that if the EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, the EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

IV. Statutory and Executive Orders Reviews

    Under the Clean Air Act, 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 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 application of those requirements would be inconsistent 
with the Clean Air Act; 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 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 March 11, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that the EPA 
can withdraw this direct final rule and address the comment in the

[[Page 1131]]

proposed rulemaking. 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, Incorporate by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and Recordkeeping requirements.

    Dated: December 21, 2015.
Michelle L. Pirzadeh,
Acting 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 52.2471 is revised to read as follows:


Sec.  52.2471  Classification of regions.

    The Washington plan was evaluated on the basis of the following 
classifications:

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                                                                     Pollutant
                                 -------------------------------------------------------------------------------
   Air quality control region       Particulate                      Nitrogen         Carbon
                                      matter       Sulfur oxides      dioxide        monoxide          Ozone
----------------------------------------------------------------------------------------------------------------
Eastern Washington-Northern                    I              IA             III             III             III
 Idaho Interstate...............
Northern Washington Intrastate..              II             III             III             III             III
Olympic-Northwest Washington                  II              II             III             III             III
 Intrastate.....................
Portland Interstate.............               I              IA             III             III             III
Puget Sound Intrastate..........               I              IA             III             III               I
South Central Washington                       I             III             III             III             III
 Intrastate.....................
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Sec.  52.2472  [Removed and Reserved]

0
3. Section 52.2472 is removed and reserved.

0
4. Section 52.2473 is revised to read as follows:


Sec.  52.2473  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Washington's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds that the plan satisfies all requirements of 
part D, title 1, of the Clean Air Act.


Sec. Sec.  52.2474 and 52.2475  [Removed and Reserved]

0
4. Sections 52.2474 and 52.2475 are removed and reserved

0
5. Section 52.2477 is revised to read as follows:


Sec.  52.2477  Original identification of plan section.

    (a) This section identified the original ``Air Implementation Plan 
for the State of Washington'' and all revisions submitted by Washington 
that were Federally approved prior to March 20, 2013. The information 
in this section is available in the 40 CFR, part 52, Volume 3 of 3 
(Sec. Sec.  52.2020 to End) edition revised as of July 1, 2012.
    (b) [Reserved]
    (c) [Reserved]

0
6. Section 52.2495 is revised to read as follows:


Sec.  52.2495  Voluntary limits on potential to emit.

    (a) Terms and conditions of regulatory orders covering regulated 
NSR pollutants (as defined in 40 CFR 52.21(b)), issued pursuant to WAC 
173-400-091 ``Voluntary limits on emissions'' and in accordance with 
the provisions of WAC 173-400-091, WAC 173-400-105 ``Records, 
monitoring, and reporting,'' and WAC 173-400-171 ``Public 
involvement,'' shall be applicable requirements of the Federally-
approved Washington SIP for the purposes of section 113 of the Clean 
Air Act and shall be enforceable by EPA and by any person in the same 
manner as other requirements of the SIP. Such regulatory orders issued 
pursuant to WAC 173-400-091 are part of the Washington SIP and shall be 
submitted to EPA Region 10 in accordance with the requirements of 40 
CFR 51.326. The EPA-approved provisions of the WAC are identified in 40 
CFR 52.2470(c).
    (b) Terms and conditions of regulatory orders covering hazardous 
air pollutants (as defined in 40 CFR 63.2), issued pursuant to WAC 173-
400-091 ``Voluntary limits on emissions,'' as in effect on September 
20, 1993, and in accordance with the provisions of WAC 173-400-091, WAC 
173-400-105 ``Records, monitoring, and reporting,'' and WAC 173-400-171 
``Public involvement,'' shall be applicable requirements of the 
Federally-approved Washington section 112(l) program for the purposes 
of section 113 of the Clean Air Act and shall be enforceable by EPA and 
by any person in the same manner as other requirements of section 112.

[FR Doc. 2015-33177 Filed 1-8-16; 8:45 am]
 BILLING CODE 6560-50-P