[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Rules and Regulations]
[Pages 10026-10029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03033]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2020-0174, FRL-10018-23-Region 10]


Air Plan Approval; Washington: Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Washington State Implementation Plan (SIP) submitted by 
the State of Washington on June 2, 2019, through the Washington 
Department of Ecology. The revision, applicable in Clark, King, Pierce, 
Snohomish, and Spokane Counties, Washington, removes the Inspection and 
Maintenance (I/M) program from the active control measure portion of 
the SIP. The I/M program was previously approved into the SIP for use 
as a component of the State's plans to address on-road sources in 
certain former nonattainment areas and is now part of the contingency 
portion of the applicable SIP for each area. The EPA has determined 
that Washington's June 2, 2019 SIP revision is consistent with the 
applicable portions of the Clean Air Act (CAA).

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-2020-0174. 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., 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 is publicly available only in hard copy form. Publicly 
available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Karl Pepple, EPA Region 10, 1200 Sixth 
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-1778, or 
[email protected].

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

I. Background Information

    On October 30, 2020, the EPA proposed to approve Washington's June 
2, 2019 SIP revision moving the I/M program located at Washington 
Administrative Code (WAC) 173-422 from the actively implemented portion 
of the Washington SIP to the contingency measure portion of the SIP (85 
FR 68822). The reasons for our proposed approval are included in the 
proposal and will not be restated here. The public comment period for 
our proposal closed on November 30, 2020. We received no public 
comments and are finalizing our action as proposed.

II. Final Action

    The EPA is moving the I/M program located at WAC 173-422 from the 
actively implemented portion of the Washington SIP incorporated by 
reference at 40 CFR 52.2470(c) to the contingency measure and 
attainment planning portion of the SIP at 40 CFR 52.2470(e).

III. Incorporation by Reference

    In this document, the EPA is removing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is removing the current incorporation by reference of WAC 
Chapter 173-422 in 40 CFR 52.2470(c) as identified in Section II of 
this preamble. The EPA has made, and will continue to make, these 
materials generally available through https://www.regulations.gov and 
at the EPA Region 10 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by the EPA 
for inclusion in the SIP, have been incorporated by reference by the 
EPA into that plan, are

[[Page 10027]]

fully Federally-enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking of the EPA's approval, and 
will be incorporated by reference in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. 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 
proposed 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 proposed 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).
    In addition, the SIP is not approved to 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 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). 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. Consistent with EPA policy, the EPA 
provided a consultation opportunity to the Puyallup Tribe in a letter 
dated August 9, 2019.
    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 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, 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:
0
a. Amend Table 1 in paragraph (c) by:
0
i. Removing the heading ``Washington Administrative Code, Chapter 173-
422--Motor Vehicle Emission Inspection''; and
0
ii. Removing the entries ``173-422-010'', ``173-422-020'', ``173-422-
030'', ``173-422-031'', ``173-422-035'', ``173-422-040'', ``173-422-
050'', ``173-422-060'', ``173-422-065'', ``173-422-070'', ``173-422-
075'', ``173-422-090'', ``173-422-095'', ``173-422-100'', ``173-422-
120'', ``173-422-145'', ``173-422-160'', ``173-422-170'', ``173-422-
175'', ``173-422-090'', and ``173-422-095''; and
0
b. Amend Table 2 in paragraph (e) by:
0
i. Under the heading ``Attainment and Maintenance Planning--Carbon 
Monoxide'':
0
A. Revising the entries ``Carbon Monoxide Maintenance Plan 10-Year 
Update'' (Applicable Geographic or Nonattainment Area, Puget Sound); 
and ``Carbon Monoxide Maintenance Plan 10-Year Update'' (Applicable 
Geographic or Nonattainment Area, Vancouver); and
0
B. Revising the entry for ``Carbon Monoxide 2nd 10-Year Limited 
Maintenance Plan''; and
0
ii. Under the heading ``Attainment and Maintenance Planning--Ozone'' 
revising the entries for ``8-Hour Ozone 110(a)(1) Maintenance Plan'' 
(Applicable Geographic or Nonattainment Area, Seattle--Tacoma); and 
``8-Hour Ozone 110(a)(1) Maintenance Plan'' (Applicable Geographic or 
Nonattainment Area, Vancouver);
0
iii. Under the heading ``Attainment and Maintenance Planning--
Particulate Matter (PM10)'' revising the entry for 
``Particulate Matter (PM10) 2nd 10-Year Limited Maintenance 
Plan'' (Applicable Geographic or Nonattainment Area, Kent, Seattle, and 
Tacoma); and
0
iv. Under the heading ``Other Federally Mandated Plans'' removing

[[Page 10028]]

the entry for ``Motor Vehicle Inspection & Maintenance Program''.
    The revisions read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (e) * * *

                                Table 2--Attainment, Maintenance, and Other Plans
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                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date       Explanations
                                    nonattainment area       date
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                              Attainment and Maintenance Planning--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Carbon Monoxide Maintenance Plan   Puget Sound.........  12/17/03; 6/ 8/5/04, 69 FR 47365;  6/3/19 submission
 10-year Update.                                                3/19   2/18/2021, [Insert    moved Motor Vehicle
                                                                       Federal Register      Inspection and
                                                                       citation].            Maintenance Program
                                                                                             from control
                                                                                             measure to
                                                                                             contingency
                                                                                             measure.
 
                                                  * * * * * * *
Carbon Monoxide Maintenance Plan   Vancouver...........  4/25/07; 6/  6/27/08, 73 FR        6/3/19 submission
 10-year Update.                                                3/19   36439; 2/18/2021,     moved Motor Vehicle
                                                                       [Insert Federal       Inspection and
                                                                       Register citation].   Maintenance Program
                                                                                             from control
                                                                                             measure to
                                                                                             contingency
                                                                                             measure.
Carbon Monoxide 2nd 10-Year        Spokane.............  5/11/16; 6/  7/14/16, 81 FR        6/3/19 submission
 Limited Maintenance Plan.                                      3/19   45419; 2/18/2021,     moved Motor Vehicle
                                                                       [Insert Federal       Inspection and
                                                                       Register citation].   Maintenance Program
                                                                                             from control
                                                                                             measure to
                                                                                             contingency
                                                                                             measure.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Attainment and Maintenance Planning--Ozone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone 110(a)(1)             Seattle--Tacoma.....  2/5/08; 6/3/ 5/2/14, 79 FR 25010;  6/3/19 submission
 Maintenance Plan.                                                19   2/18/2021, [Insert    moved Motor Vehicle
                                                                       Federal Register      Inspection and
                                                                       citation].            Maintenance Program
                                                                                             from control
                                                                                             measure to
                                                                                             contingency
                                                                                             measure.
8-Hour Ozone 110(a)(1)             Vancouver...........  1/17/07; 6/  8/11/15, 80 FR        6/3/19 submission
 Maintenance Plan.                                              3/19   48033; 2/18/2021,     moved Motor Vehicle
                                                                       [Insert Federal       Inspection and
                                                                       Register citation].   Maintenance Program
                                                                                             from control
                                                                                             measure to
                                                                                             contingency
                                                                                             measure.
----------------------------------------------------------------------------------------------------------------
                          Attainment and Maintenance Planning--Particulate Matter (PM)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Particulate Matter (PM10) 2nd 10-  Kent, Seattle, and    11/29/13; 6/ 8/20/14, 79 FR        6/3/19 submission
 Year Limited Maintenance Plan.     Tacoma.                     3/19   49244; 2/18/2021,     moved Motor Vehicle
                                                                       [Insert Federal       Inspection and
                                                                       Register citation].   Maintenance Program
                                                                                             from control
                                                                                             measure to
                                                                                             contingency
                                                                                             measure.
 
                                                  * * * * * * *
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[[Page 10029]]

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[FR Doc. 2021-03033 Filed 2-17-21; 8:45 am]
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