[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45417-45419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16452]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0290; FRL-9948-97-Region 10]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
limited maintenance plan submitted on May 11, 2016, by the Washington 
Department of Ecology (Ecology), in cooperation with the Spokane 
Regional Clean Air Agency (SRCAA) for the Spokane carbon monoxide (CO) 
maintenance area (Spokane area or area). The Spokane area includes the 
cities of Spokane, Spokane Valley, Millwood, and surrounding urban 
areas in Spokane County, Washington. This plan addresses the second 10-
year maintenance period for the National Ambient Air Quality Standards 
(NAAQS) promulgated for CO, as revised in 1985. The Spokane area has 
had no exceedances of the CO NAAQS since 1997 and monitored CO levels 
in the area continue to decline steadily. The EPA is also approving an 
alternative CO monitoring strategy for the Spokane area which was 
submitted as part of the limited maintenance plan.

DATES: This final rule is effective August 15, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2016-0290. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information may not be publicly available, i.e., 
Confidential Business Information 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 is publicly 
available only in hard copy form. Publicly available docket materials 
are available at http://www.regulations.gov or at EPA Region 10, Office 
of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA 
requests that you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding Federal holidays.

[[Page 45418]]


FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office 
of Air and Waste (AWT-150), Environmental Protection Agency, Region 10, 
1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone number: (206) 
553-0256; email address: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Background Information

    On May 27, 2016, the EPA proposed to approve the limited 
maintenance plan submitted by the State of Washington for the Spokane 
CO area, including proposed approval of an alternative CO monitoring 
strategy and removal of an obsolete site-specific order and amendment 
for the former Kaiser Aluminum and Chemical Corporation's aluminum 
reduction plant (81 FR 33632). 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 June 27, 2016. The EPA received no 
comments on the proposal.

II. Final Action

    The EPA is approving the limited maintenance plan submitted by the 
State of Washington for the Spokane CO area. We are approving the 
request to remove the associated order and amendment for the former 
Kaiser Aluminum and Chemical Corporation's aluminum reduction plant 
located in Mead, Washington from incorporation by reference in the 
Washington State Implementation Plan (SIP) because the facility has 
been shut down, dismantled, and the operating permit has been revoked. 
We are also approving the State's alternative CO monitoring strategy 
for the Spokane area. The EPA's approval of this limited maintenance 
plan satisfies the Clean Air Act (CAA) section 175A requirements for 
the second 10-year period in the Spokane CO area.

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 as described 
in the amendments to 40 CFR part 52 set forth below. These materials 
have been approved by the EPA for inclusion in the State implementation 
plan, have been incorporated by reference by the EPA into that plan, 
are fully federally enforceable under sections 110 and 113 of the CAA 
as of the effective date of the final rulemaking of EPA's approval, and 
will be incorporated by reference by the Director of the Federal 
Register in the next update to the SIP compilation.\1\ The EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and/or at the EPA Region 10 Office (please 
contact the person identified in the For Further Information Contact 
section of this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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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 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).
    This SIP revision is not approved to apply on any Indian 
reservation land in Washington or any other area where the EPA or an 
Indian tribe has demonstrated that a tribe has jurisdiction. In those 
areas, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
However, consistent with EPA policy, the EPA provided a consultation 
opportunity to the Spokane Tribe in a letter dated September 11, 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. 
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 September 12, 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)).

[[Page 45419]]

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: June 29, 2016.
Michelle L. Pirzadeh,
Acting 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:
0
a. Amend paragraph (d) by removing the entries for ``Kaiser Order DE 01 
AQIS-3285'' (state effective date 10/24/01) and ``Kaiser Order 
Amendment #1 DE 01 AQIS-3285'' (state effective date 4/9/03) from the 
table.
0
b. Amend paragraph (e) by adding an entry at the end of Table 2--
Attainment, Maintenance, and Other Plans for ``Carbon Monoxide 2nd 10-
Year Limited Maintenance Plan.''
    The addition reads as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (e) * * *

                                Table 2--Attainment, Maintenance, and Other Plans
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                                    Applicable  geographic       State
      Name of SIP provision         or nonattainment area   submittal date    EPA approval date    Explanations
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                                                  * * * * * * *
Carbon Monoxide 2nd 10-Year        Spokane................         5/11/16  7/14/2016, [Insert
 Limited Maintenance Plan.                                                   Federal Register
                                                                             citation]
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[FR Doc. 2016-16452 Filed 7-13-16; 8:45 am]
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