[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21470-21472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08272]



40 CFR Part 52

[EPA-R10-OAR-2016-0003; FRL-9944-83-Region 10]

Approval and Promulgation of Implementation Plans; Spokane, 
Washington: Second 10-Year PM10 Limited Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving the 
limited maintenance plan submitted on January 4, 2016, by the State of 
Washington for the Spokane area, which includes the cities of Spokane, 
Spokane Valley, Millwood and surrounding unincorporated areas in 
Spokane County, Washington. This plan addresses the second 10-year 
maintenance period for particulate matter with an aerodynamic diameter 
less than or equal to a nominal 10 micrometers (PM10). A 
limited maintenance plan is used to meet Clean Air Act requirements for 
formerly designated nonattainment areas that meet certain qualification 
criteria. The EPA determined that Washington's submittal meets the 
limited maintenance plan criteria. The Spokane area currently has 
monitored PM10 levels well below the National Ambient Air 
Quality Standards (NAAQS) and levels have not increased since the area 
was redesignated to attainment in 2005. The EPA is also approving minor 
updates to the Spokane Regional Clean Air Agency (SRCAA) regulations 
controlling PM10 related to the maintenance plan.

DATES: This final rule is effective May 12, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2016-0003. 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 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 

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.


Table of Contents

I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review

I. Background Information

    On February 26, 2016, the EPA proposed to approve the limited 
maintenance plan submitted by the State of Washington, on January 4, 
2016, for the Spokane PM10 area, including minor regulatory 
changes associated with the limited maintenance plan (81 FR 9793). An 
explanation of the Clean Air Act requirements, a detailed analysis of 
the submittal, and the EPA's reasons for proposing 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 March 
28, 2016. The EPA received no comments on the proposal.

[[Page 21471]]

II. Final Action

    The EPA is approving the limited maintenance plan submitted by the 
State of Washington, on January 4, 2016, for the Spokane 
PM10 area. The EPA's approval of this limited maintenance 
plan satisfies the Clean Air Act requirements for the second 10-year 
period in the Spokane PM10 area. Additionally, the EPA is 
approving and incorporating by reference updated versions of supporting 
regulations, specifically SRCAA Regulation I, sections 6.05, 6.14, and 
6.15. These regulatory changes update and clarify the general 
PM10 control measures, including minor revisions to the 
emission reduction strategies for both paved and unpaved roads.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
regulations described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through http://www.regulations.gov 
and/or in hard copy at the appropriate EPA office (see the ADDRESSES 
section of this preamble for more information).

IV. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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, 
     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).
    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. This SIP revision is not approved to 
apply in Indian reservations in the State or any other area where the 
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. 
Consistent with EPA policy, the EPA provided a consultation opportunity 
to the Spokane Tribe in a letter dated May 21, 2015. 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. 
    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 June 13, 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: April 1, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:


1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart WW--Washington

2. In Sec.  52.2470:
a. Amend paragraph (c), Table 9 ``Additional Regulations Approved for 
Spokane Regional Clean Air Agency (SRCAA) Jurisdiction ``, by revising 
entries ``6.05'', ``6.14'', and ``6.15''.
b. Amend paragraph (e), Table 2 ``Attainment, Maintenance, and Other 
Plans'', by adding an entry to the end of the table.
    The revisions and addition read as follows:

Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

[[Page 21472]]

                         Table 9--Additional Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA) Jurisdiction
 [Applicable in Spokane County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations and
 any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability sections of
                                               WAC 173-400-700, 173-405-012, 173-410-012, and 173-415-012]
       State/local citation              Title/subject        effective date            EPA approval date                       Explanations
                                                      Spokane Regional Clean Air Agency Regulations
                                                     Regulation I--Article VI--Emissions Prohibited
6.05.............................  Particulate Matter and           04/10/04  04/12/16 [Insert Federal Register     Except 6.05(A).
                                    Preventing Particulate                     citation].
                                    Matter from Becoming
6.14.............................  Standards for Control of         06/03/07  04/12/16 [Insert Federal Register     ....................................
                                    Particulate Matter on                      citation].
                                    Paved Surfaces.
6.15.............................  Standards for Control of         06/03/07  04/12/16 [Insert Federal Register     ....................................
                                    Particulate Matter on                      citation].
                                    Unpaved Roads.
                                                                      * * * * * * *

* * * * *
    (e) * * *

                                                    Table 2--Attainment, Maintenance, and Other Plans
                                    Applicable geographic       State
       Name of SIP Provision        or nonattainment area  submittal date             EPA approval date                         Explanations
                                                                      * * * * * * *
Particulate Matter (PM10) 2nd 10-   Spokane..............          1/4/16  4/12/16 [Insert Federal Register        .....................................
 Year Limited Maintenance Plan.                                             citation].

[FR Doc. 2016-08272 Filed 4-11-16; 8:45 am]