[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Rules and Regulations]
[Pages 10015-10016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03032]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0062; FRL-10018-22-Region 10]
Air Plan Approval; Washington; Interstate Transport Requirements
for the 2010 Sulfur Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) revisions submitted by Washington on
February 7, 2018 as meeting certain Clean Air Act (CAA) requirements
for interstate transport of the 2010 1-hour Sulfur Dioxide
(SO2) National Ambient Air Quality Standards (NAAQS). The
EPA has determined that emissions from Washington sources will not
contribute significantly to nonattainment or interfere with the
maintenance of the 2010 1-hour SO2 NAAQS in any other state.
DATES: This final rule is effective March 22, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0062. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
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 will be
publicly available only in hard copy form. Publicly available docket
materials are available at https://www.regulations.gov, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: John Chi, EPA Region 10, Air and
Radiation Division, 1200 Sixth Avenue--Suite 155, Seattle, WA 98101, at
206-553-1185, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'', or ``our'' is used, it means the EPA.
I. Background
On July 27, 2020, the EPA proposed to approve the February 7, 2018
SIP submission from Washington as meeting certain Clean Air Act (CAA)
interstate transport requirements for the 2010 1-hour SO2
NAAQS (85 FR 45146). The reasons for our proposed approval were stated
in the proposed rulemaking and will not be re-stated here. The public
comment period for the proposed rulemaking was reopened on September
22, 2020 (85 FR 59486), due to an incorrect docket number, and closed
on October 22, 2020. We received no comments. Therefore, we are
finalizing our rulemaking as proposed.
II. Final Action
In this final action, the EPA is approving the February 7, 2018 SIP
submission from Washington as meeting the interstate transport
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2010 1-hour
SO2 NAAQS.
III. Statutory and Executive Order Reviews
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 application of the requirements would be inconsistent
with the CAA; 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).
Does not provide 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 final action does not apply on any Indian
reservation land or 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).
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).
[[Page 10016]]
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 April 19, 2021. 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: February 9, 2021.
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, Table 2 in paragraph (e) is amended by adding an
entry for ``Interstate Transport for the 2010 SO2 NAAQS''
immediately below the entry ``Interstate Transport for the 2015 Ozone
NAAQS'' 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 EPA approval date Explanations
nonattainment area submittal 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......... 2/7/2018 2/18/2021, [Insert This action addresses
2010 SO2 NAAQS. Federal Register CAA
citation]. 110(a)(2)(D)(i)(I).
* * * * * * *
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[FR Doc. 2021-03032 Filed 2-17-21; 8:45 am]
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