80 FR 48033 - Approval and Promulgation of Air Quality Implementation Plans; Washington
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 154 (August 11, 2015)
Federal Register Volume 80, Issue 154 (August 11, 2015)
| Page Range | 48033-48036 | |
| FR Document | 2015-19724 |
[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)] [Rules and Regulations] [Pages 48033-48036] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19724] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2007-0112; FRL-9932-21-Region 10] Approval and Promulgation of Air Quality Implementation Plans; Washington AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) revisions submitted by the State of Washington, Department of Ecology (Ecology). These revisions pertain to the plan to maintain the 1997 8-hour national ambient air quality standard (NAAQS) for ozone in the Vancouver portion of the Portland/ Vancouver Air Quality Maintenance Area (Pdx/Van AQMA). The maintenance plan for this area meets Clean Air Act (CAA) requirements and demonstrates that the Vancouver portion of the Pdx/Van AQMA will be able to remain in attainment for the 1997 ozone NAAQS through 2015. The EPA is approving the maintenance plan and minor revisions to the motor vehicle inspection and maintenance (I/M) regulations in the statewide Emission Check Program. DATES: This action is effective on September 10, 2015. ADDRESSES: The EPA has established a docket for this action under Docket Identification No. EPA-R10-OAR-2007-0112. 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 whose disclosure 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 EPA Region 10, Office of Air, Waste, and Toxics, 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. FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel, (206) 553- 6121, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background The background for this action is discussed in more detail in our May 5, 2010 proposal. See 75 FR 24542. In that action, the EPA proposed to approve the CAA 110(a)(1) 8-hour ozone maintenance plan that the State of Washington submitted to demonstrate the continued attainment of the 1997 8-hour ozone NAAQS (the 8-hour ozone NAAQS) in the Vancouver portion of the Pdx/Van AQMA. Areas like the Vancouver portion of the Pdx/Van AQMA, that had been designated attainment (unclassifiable/attainment) for the 8-hour ozone NAAQS and had CAA 175A maintenance plans in place for the 1-hour ozone NAAQS, were required under 40 CFR 51.905, to submit 110(a)(1) plans for antibacksliding purposes to provide for maintenance of the 8-hour ozone NAAQS for at least 10 years after designation for the 8-hour ozone NAAQS. In the May 5, 2010 proposed action, the EPA found that the maintenance plan and its supporting rules met the requirements of the CAA. The EPA also proposed to approve revisions to the I/M regulations in the statewide Emission Check Program. The revisions enhance the clarity of the rules and update them to reflect changing technology in automobiles, including allowing late model vehicles to be tested with their on-board diagnostic systems instead of with a tail-pipe test. The revisions also remove inspection fee provisions that had been previously approved into the SIP. II. Response to Comments The EPA received one comment on our May 5, 2010 proposed approval (75 FR 24542). The comment from the Sierra Club raised concerns about affirmative defense provisions applicable to violations that occur due to excess emissions during startup, shutdown, maintenance and upsets (SSM) in the existing Washington SIP. The Sierra Club commented that the existence of the affirmative defense provisions in the underlying SIP compromises the ability of the maintenance plan to achieve its goals and threatens to cause or contribute to NAAQS violations in the Pdx/Van AQMA and downwind. Specifically, the Sierra Club described three concerns with the affirmative defense provisions in Southwest Clean Air Agency (SWCAA) and Ecology regulations, SWCAA 400-107(4)-(6) and Washington Administrative Code (WAC) 173-400-107(4)-(6). The commenter argued that the affirmative defense for excess emissions during startup and shutdown should be removed because the provisions ``lack justification'' and because excess emissions ``are already taken into consideration when setting emission standards and limits'' and the regulatory provisions are inconsistent with EPA guidance for compliance with CAA requirements for SIP provisions as expressed in the Memorandum of Steven A. Herman and Robert Perciasepe, Policy on Excess Emissions During Malfunctions, Startup and Shutdown (August 11, 1999) (the ``Herman Memo''). The commenter also argued that the affirmative defense for excess emissions during scheduled maintenance should be eliminated ``because routine maintenance is part of normal operations and should not, by itself, justify excess emissions'' and that the regulatory provisions are inconsistent with the interpretation of the CAA in the Herman Memo. Finally, the commenter argued that the affirmative defense for excess emissions during upsets (i.e., malfunctions) is not consistent with the EPA interpretation of the requirements of the CAA in the Herman Memo for such provisions. The SWCAA and Ecology regulations that provide for an affirmative defense for emissions during certain events that [[Page 48034]] the commenter identified as objectionable are not a part of the specific SIP submission that was the subject of the EPA's proposed action but were, rather, approved into the Washington SIP in 1995. The EPA acknowledges that these specific provisions are not consistent with CAA requirements, in light of more recent court decisions and regulatory actions. However, the EPA does not agree that the affirmative defense provisions in the Washington SIP provide a basis for disapproval of the maintenance plan submission. The EPA's review for this submission is limited to whether the specific maintenance requirements in CAA section 110(a)(1) and the provisions of the EPA's Phase 1 Implementation Rule (40 CFR 51.905(a)(3) and (4)) as explained in our May 20, 2005 guidance),\1\ have been met. While the EPA understands the commenter's concerns about the existing SWCAA and Ecology SIP provisions, in the context of a 110(a)(1) maintenance plan approval the EPA is not required to re-evaluate the validity of all previously approved SIP provisions. --------------------------------------------------------------------------- \1\ May 20, 2005 memorandum from Lydia N. Wegman to Air Division Directors, Maintenance Plan Guidance Document for Certain 8-hour Ozone Areas Under Section 110(a)(1) of Clean Air Act. --------------------------------------------------------------------------- Although it is not required to address existing affirmative defense provisions in the context of this action on a maintenance plan, the EPA does have other authority to address alleged deficiencies in existing SIP provisions. In particular, the EPA has authority under section 110(k)(5) to address existing SIP deficiencies whenever it determines that a SIP provision is substantially inadequate. The EPA notes that since receipt of the comments discussed above on this action, the EPA finalized a call for SIP revisions (SSM SIP Call) as necessary to remove the identified affirmative defense provisions from the Washington SIP. See 80 FR 33840, June 12, 2015. Thus, the EPA has addressed the concerns regarding the affirmative defense provisions in the SWCAA and Ecology regulations raised by the commenter in a separate action.\2\ --------------------------------------------------------------------------- \2\ Furthermore, the commenter's characterization of the EPA's interpretation of the CAA with respect to affirmative defense provisions in SIPs is no longer current. Readers interested in the EPA's position on affirmative defense provisions should refer to the SSM SIP Call at 80 FR 33840 (June 12, 2015). --------------------------------------------------------------------------- The EPA emphasizes that its approval of a maintenance plan does not mean that the SIP for the state in question fully meets each and every requirement of the CAA. More specifically, this approval does not constitute a finding that Washington's SIP, including the affirmative defense provisions, meets all CAA requirements. Nor does this final action contradict the EPA's separate finding in the SSM SIP Call that certain provisions in the Washington SIP, including the SWCAA rules, are substantially inadequate and therefore must be addressed to be consistent with CAA requirements. Rather, the nature of today's final action is a finding addressing the adequacy of the SIP to meet certain identified maintenance requirements. As discussed in our proposed action, the following is a summary of our evaluation of the submission against the five maintenance requirements in CAA section 110(a)(1) and the provisions of the EPA's Phase 1 Implementation Rule (40 CFR 51.905(a)(3) and (4)): 1. An attainment inventory, which is based on actual typical summer day emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NOX ) from a base year chosen by the state. Ecology provided a comprehensive and current emissions inventory for NOX and VOCs for the 2002 base year from which it projected emissions. The inventory is based on emissions from a ``typical summer day.'' 2. A maintenance demonstration which shows how the area will remain in compliance with the 8-hour ozone standard for 10 years after the effective date of the designation. Ecology projected that the total emissions of ozone precursors from Vancouver will decrease through 2015, which is further than 10 years from the effective date of the initial designations for the 1997 8-hour ozone standard (See 69 FR 23858, April 30, 2004). Ecology used air quality modeling to assess the comprehensive impacts of growth through 2015 on ozone levels in the area and demonstrated to the EPA that the highest predicted design value for Vancouver is 0.072 parts per million, which is below the 1997 and the 2008 ozone NAAQS. 3. A commitment to continue to operate ambient air quality monitors to verify maintenance of the 8-hour ozone standard. Ecology commits to continue operating air quality monitoring stations in accordance with 40 CFR part 58 throughout the maintenance period to verify maintenance of the 1997 8-hour ozone standard, and will submit quality assured ozone data to the EPA through the Air Quality System. 4. A contingency plan that will ensure that any violation of the 8- hour ozone NAAQS will be promptly corrected. The provisions in the contingency plan are linked to ambient concentrations of ozone and would be triggered if measured ozone levels at any of the ozone monitoring sites exceed early-warning thresholds or if a violation of the 8-hour ozone standard occurs. The contingency measures include a range of response actions that may be selected for implementation. 5. An explanation of how the state will verify continued attainment of the standard under the maintenance plan. Ecology will continue to monitor ambient air quality ozone levels in the Vancouver portion of the Pdx/Van AQMA and will update countywide emission inventories every three years. If ambient ozone levels increase, Ecology will evaluate the emissions inventory against the 2002 and 2015 inventories in the maintenance plan. Because the commenter's concerns with the affirmative defense provisions of Washington's SIP have been addressed through the SSM SIP Call and the instant action does not directly affect these existing provisions in Washington's SIP, the EPA is taking final action to approve the ozone maintenance plan as originally proposed. The EPA emphasizes that approval of the maintenance plan does not relieve SWCAA or Ecology of the responsibility to remove legally deficient SIP provisions pursuant to a SIP call. To the contrary, the EPA maintains that affirmative defense provisions are contrary to CAA requirements and has taken separate action to require correction of those deficiencies. For an explanation of the EPA's interpretation of the CAA with respect to affirmative defense provisions in SIPs, see 80 FR 33840, 33981 (June 12, 2015). III. Final Action The EPA is approving the 110(a)(1) ozone maintenance plan for the Vancouver portion of the Pdx/Van AQMA and the new industrial growth allowances that have been used in the maintenance demonstration for this submission. Additionally, the EPA is incorporating by reference into the federally enforceable SIP the revisions to the I/M provisions (WAC Chapter 173-422) that merely reflect the changes as a result of technology upgrades in automobiles and remove inspection fee provisions that had been previously approved into the SIP. IV. 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 [[Page 48035]] Ecology regulations (WAC Chapter 173-422) 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 www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Order 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 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 it 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). 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 October 13, 2015. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 30, 2015. Dennis J. McLerran, Regional Administrator, EPA Region 10. For the reasons stated 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 Sec. 52.2470 [Amended] 0 2. Section 52.2470 is amended: 0 a. In paragraph (c) Table 1--Regulations Approved Statewide by: 0 i. Revising the entries 173-422-020, 173-422-030, 173-422-031, 173-422- 060, and 173-422-065, 173-422-070, 173-422-075, 173-422-160, 173-422- 190, 173-422-195; and 0 ii. Removing the entry 173-422-130. 0 b. In paragraph (e) in Table 2--ATTAINMENT, MAINTENANCE, AND OTHER PLANS by adding an entry for ``8-Hour Ozone 110(a)(1) Maintenance Plan'' at the end of the table. The revisions and addition read as follows: Sec. 52.2470 Identification of plan. * * * * * (c) * * * Table 1--Regulations Approved Statewide ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- Washington Administrative Code, Chapter 173-422 Motor Vehicle Emission Inspection ---------------------------------------------------------------------------------------------------------------- * * * * * * * 173-422-020.................... Definitions....... 7/4/02 8/11/15 [Insert ....................... Federal Register citation]. 173-422-030.................... Vehicle emission 7/4/02 8/11/15 [Insert ....................... inspection Federal Register requirement. citation]. [[Page 48036]] 173-422-031.................... Vehicle emission 7/4/02 8/11/15 [Insert ....................... inspection Federal Register schedules. citation]. * * * * * * * 173-422-060.................... Gasoline vehicle 7/4/02 8/11/15 [Insert ....................... emission Federal Register standards. citation]. 173-422-065.................... Diesel vehicle 7/4/02 8/11/15 [Insert ....................... exhaust emission Federal Register standards. citation]. 173-422-070.................... Gasoline vehicle 7/4/02 8/11/15 [Insert ....................... exhaust emission Federal Register testing citation]. procedures. 173-422-075.................... Diesel vehicle 7/4/02 8/11/15 [Insert ....................... inspection Federal Register procedure. citation]. * * * * * * * 173-422-160.................... Fleet and diesel 3/31/95 8/11/15 [Insert Except: owner vehicle Federal Register The part of 173-422- testing citation]. 160(3) that says ``of requirements. twelve or less dollars''. * * * * * * * 173-422-190.................... Emission 7/4/02 8/11/15 [Insert ....................... specialist Federal Register authorization. citation]. 173-422-195.................... Listing of 7/4/02 8/11/15 [Insert ....................... authorized Federal Register emission citation]. specialists. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * Table 2--Attainment, Maintenance, and Other Plans ---------------------------------------------------------------------------------------------------------------- Applicable Name of SIP provision geographic or State submittal EPA Approval Comments nonattainment area date date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 8-Hour Ozone 110(a)(1) Vancouver............ 1/17/2007 8/11/2015 ................... Maintenance Plan. [Insert page number where the document begins]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-19724 Filed 8-10-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations 48033
the document published in the Federal ADDRESSES: The EPA has established a and update them to reflect changing
Register. Free Internet access to the docket for this action under Docket technology in automobiles, including
official edition of the Federal Register Identification No. EPA–R10–OAR– allowing late model vehicles to be tested
and the Code of Federal Regulations is 2007–0112. All documents in the docket with their on-board diagnostic systems
available via the Federal Digital System are listed on the http:// instead of with a tail-pipe test. The
at: www.gpo.gov/fdsys. At this site you www.regulations.gov Web site. Although revisions also remove inspection fee
can view this document, as well as all listed in the index, some information provisions that had been previously
other documents of this Department may not be publicly available, i.e., approved into the SIP.
published in the Federal Register, in Confidential Business Information or II. Response to Comments
text or Adobe Portable Document other information whose disclosure is
Format (PDF). To use PDF you must restricted by statute. Certain other The EPA received one comment on
have Adobe Acrobat Reader, which is material, such as copyrighted material, our May 5, 2010 proposed approval (75
available free at the site. is not placed on the Internet and will be FR 24542). The comment from the
You may also access documents of the publicly available only in hard copy Sierra Club raised concerns about
Department published in the Federal form. Publicly available docket affirmative defense provisions
Register by using the article search materials are available either applicable to violations that occur due
feature at: www.federalregister.gov. electronically through http:// to excess emissions during startup,
Specifically, through the advanced www.regulations.gov or in hard copy at shutdown, maintenance and upsets
search feature at this site, you can limit EPA Region 10, Office of Air, Waste, (SSM) in the existing Washington SIP.
your search to documents published by and Toxics, 1200 Sixth Avenue, Seattle, The Sierra Club commented that the
the Department. Washington 98101. The EPA requests existence of the affirmative defense
provisions in the underlying SIP
Dated: August 5, 2015. that you contact the person listed in the
compromises the ability of the
Michael K. Yudin, FOR FURTHER INFORMATION CONTACT
maintenance plan to achieve its goals
section to schedule your inspection. The
Assistant Secretary for Special Education and and threatens to cause or contribute to
Rehabilitative Services. Regional Office’s official hours of
NAAQS violations in the Pdx/Van
business are Monday through Friday,
[FR Doc. 2015–19617 Filed 8–10–15; 8:45 am] AQMA and downwind. Specifically, the
8:30 to 4:30, excluding Federal holidays.
BILLING CODE 4000–01–P Sierra Club described three concerns
FOR FURTHER INFORMATION CONTACT: with the affirmative defense provisions
Claudia Vergnani Vaupel, (206) 553– in Southwest Clean Air Agency
6121, or by email at vaupel.claudia@ (SWCAA) and Ecology regulations,
ENVIRONMENTAL PROTECTION
epa.gov. SWCAA 400–107(4)–(6) and
AGENCY
SUPPLEMENTARY INFORMATION: Washington Administrative Code
40 CFR Part 52 Throughout this document whenever (WAC) 173–400–107(4)–(6). The
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean commenter argued that the affirmative
[EPA–R10–OAR–2007–0112; FRL–9932–21–
Region 10] the EPA. defense for excess emissions during
startup and shutdown should be
I. Background removed because the provisions ‘‘lack
Approval and Promulgation of Air
Quality Implementation Plans; The background for this action is justification’’ and because excess
Washington discussed in more detail in our May 5, emissions ‘‘are already taken into
2010 proposal. See 75 FR 24542. In that consideration when setting emission
AGENCY: Environmental Protection action, the EPA proposed to approve the standards and limits’’ and the regulatory
Agency. CAA 110(a)(1) 8-hour ozone provisions are inconsistent with EPA
ACTION: Final rule. maintenance plan that the State of guidance for compliance with CAA
Washington submitted to demonstrate requirements for SIP provisions as
SUMMARY: The Environmental Protection the continued attainment of the 1997 8- expressed in the Memorandum of
Agency (EPA) is approving the State hour ozone NAAQS (the 8-hour ozone Steven A. Herman and Robert
Implementation Plan (SIP) revisions NAAQS) in the Vancouver portion of Perciasepe, Policy on Excess Emissions
submitted by the State of Washington, the Pdx/Van AQMA. Areas like the During Malfunctions, Startup and
Department of Ecology (Ecology). These Vancouver portion of the Pdx/Van Shutdown (August 11, 1999) (the
revisions pertain to the plan to maintain AQMA, that had been designated ‘‘Herman Memo’’). The commenter also
the 1997 8-hour national ambient air attainment (unclassifiable/attainment) argued that the affirmative defense for
quality standard (NAAQS) for ozone in for the 8-hour ozone NAAQS and had excess emissions during scheduled
the Vancouver portion of the Portland/ CAA 175A maintenance plans in place maintenance should be eliminated
Vancouver Air Quality Maintenance for the 1-hour ozone NAAQS, were ‘‘because routine maintenance is part of
Area (Pdx/Van AQMA). The required under 40 CFR 51.905, to normal operations and should not, by
maintenance plan for this area meets submit 110(a)(1) plans for itself, justify excess emissions’’ and that
Clean Air Act (CAA) requirements and antibacksliding purposes to provide for the regulatory provisions are
demonstrates that the Vancouver maintenance of the 8-hour ozone inconsistent with the interpretation of
portion of the Pdx/Van AQMA will be NAAQS for at least 10 years after the CAA in the Herman Memo. Finally,
able to remain in attainment for the designation for the 8-hour ozone the commenter argued that the
1997 ozone NAAQS through 2015. The NAAQS. In the May 5, 2010 proposed affirmative defense for excess emissions
EPA is approving the maintenance plan
rmajette on DSK2TPTVN1PROD with RULES
action, the EPA found that the during upsets (i.e., malfunctions) is not
and minor revisions to the motor maintenance plan and its supporting consistent with the EPA interpretation
vehicle inspection and maintenance (I/ rules met the requirements of the CAA. of the requirements of the CAA in the
M) regulations in the statewide The EPA also proposed to approve Herman Memo for such provisions.
Emission Check Program. revisions to the I/M regulations in the The SWCAA and Ecology regulations
DATES: This action is effective on statewide Emission Check Program. The that provide for an affirmative defense
September 10, 2015. revisions enhance the clarity of the rules for emissions during certain events that
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![Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations 48035
Ecology regulations (WAC Chapter 173– • is not a significant regulatory action not affect the finality of this action for
422) described in the amendments to 40 subject to Executive Order 13211 (66 FR the purposes of judicial review nor does
CFR part 52 set forth below. The EPA 28355, May 22, 2001); it extend the time within which a
has made, and will continue to make, • is not subject to requirements of petition for judicial review may be filed,
these documents generally available Section 12(d) of the National and shall not postpone the effectiveness
electronically through Technology Transfer and Advancement of such rule or action. This action may
www.regulations.gov and/or in hard Act of 1995 (15 U.S.C. 272 note) because not be challenged later in proceedings to
copy at the appropriate EPA office (see application of those requirements would enforce its requirements. (See section
the ADDRESSES section of this preamble be inconsistent with the Clean Air Act; 307(b)(2)).
for more information). and
• does not provide the EPA with the List of Subjects in 40 CFR Part 52
V. Statutory and Executive Order discretionary authority to address, as Environmental protection, Air
Reviews appropriate, disproportionate human pollution control, Incorporation by
Under the Clean Air Act, the health or environmental effects, using reference, Intergovernmental relations,
Administrator is required to approve a practicable and legally permissible Nitrogen dioxide, Ozone, Reporting and
SIP submission that complies with the methods, under Executive Order 12898 recordkeeping requirements, Sulfur
provisions of the Act and applicable (59 FR 7629, February 16, 1994). oxides, Volatile organic compounds.
Federal regulations. 42 U.S.C. 7410(k); The SIP is not approved to apply on
Dated: July 30, 2015.
40 CFR 52.02(a). Thus, in reviewing SIP any Indian reservation land or in any
other area where the EPA or an Indian Dennis J. McLerran,
submissions, the EPA’s role is to
tribe has demonstrated that a tribe has Regional Administrator, EPA Region 10.
approve state choices, provided that
they meet the criteria of the Clean Air jurisdiction. In those areas of Indian For the reasons stated in the
Act. Accordingly, this action merely country, the rule does not have tribal preamble, 40 CFR part 52 is amended as
approves state law as meeting Federal implications and it will not impose follows:
requirements and does not impose substantial direct costs on tribal
additional requirements beyond those governments or preempt tribal law as PART 52—APPROVAL AND
imposed by state law. For that reason, specified by Executive Order 13175 (65 PROMULGATION OF
this action: FR 67249, November 9, 2000). IMPLEMENTATION PLANS
• Is not a ‘‘significant regulatory The Congressional Review Act, 5
action’’ subject to review by the Office U.S.C. 801 et seq., as added by the Small ■ 1. The authority citation for Part 52
of Management and Budget under Business Regulatory Enforcement continues to read as follows:
Executive Orders 12866 (58 FR 51735, Fairness Act of 1996, generally provides Authority: 42 U.S.C. 7401 et seq.
October 4, 1993) and 13563 (76 FR 3821, that before a rule may take effect, the
January 21, 2011); agency promulgating the rule must Subpart WW—Washington
• does not impose an information submit a rule report, which includes a
§ 52.2470 [Amended]
collection burden under the provisions copy of the rule, to each House of the
of the Paperwork Reduction Act (44 Congress and to the Comptroller General ■ 2. Section 52.2470 is amended:
U.S.C. 3501 et seq.); of the United States. The EPA will ■ a. In paragraph (c) Table 1—
• is certified as not having a submit a report containing this action Regulations Approved Statewide by:
significant economic impact on a and other required information to the ■ i. Revising the entries 173–422–020,
substantial number of small entities U.S. Senate, the U.S. House of 173–422–030, 173–422–031, 173–422–
under the Regulatory Flexibility Act (5 Representatives, and the Comptroller 060, and 173–422–065, 173–422–070,
U.S.C. 601 et seq.); General of the United States prior to 173–422–075, 173–422–160, 173–422–
• does not contain any unfunded publication of the rule in the Federal 190, 173–422–195; and
mandate or significantly or uniquely Register. A major rule cannot take effect ■ ii. Removing the entry 173–422–130.
affect small governments, as described until 60 days after it is published in the ■ b. In paragraph (e) in Table 2—
in the Unfunded Mandates Reform Act Federal Register. This action is not a ATTAINMENT, MAINTENANCE, AND
of 1995 (Pub. L. 104–4); ‘‘major rule’’ as defined by 5 U.S.C. OTHER PLANS by adding an entry for
• does not have Federalism 804(2). ‘‘8-Hour Ozone 110(a)(1) Maintenance
implications as specified in Executive Under section 307(b)(1) of the Clean Plan’’ at the end of the table.
Order 13132 (64 FR 43255, August 10, Air Act, petitions for judicial review of The revisions and addition read as
1999); this action must be filed in the United follows:
• is not an economically significant States Court of Appeals for the
regulatory action based on health or appropriate circuit by October 13, 2015. § 52.2470 Identification of plan.
safety risks subject to Executive Order Filing a petition for reconsideration by * * * * *
13045 (62 FR 19885, April 23, 1997); the Administrator of this final rule does (c) * * *
TABLE 1—REGULATIONS APPROVED STATEWIDE
State effective
State citation Title/subject EPA approval date Explanations
date
Washington Administrative Code, Chapter 173–422 Motor Vehicle Emission Inspection
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* * * * * * *
173–422–020 ................. Definitions .................... 7/4/02 8/11/15 [Insert Federal
Register citation].
173–422–030 ................. Vehicle emission in- 7/4/02 8/11/15 [Insert Federal
spection requirement. Register citation].
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![48036 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations
TABLE 1—REGULATIONS APPROVED STATEWIDE—Continued
State effective
State citation Title/subject EPA approval date Explanations
date
173–422–031 ................. Vehicle emission in- 7/4/02 8/11/15 [Insert Federal
spection schedules. Register citation].
* * * * * * *
173–422–060 ................. Gasoline vehicle emis- 7/4/02 8/11/15 [Insert Federal
sion standards. Register citation].
173–422–065 ................. Diesel vehicle exhaust 7/4/02 8/11/15 [Insert Federal
emission standards. Register citation].
173–422–070 ................. Gasoline vehicle ex- 7/4/02 8/11/15 [Insert Federal
haust emission test- Register citation].
ing procedures.
173–422–075 ................. Diesel vehicle inspec- 7/4/02 8/11/15 [Insert Federal
tion procedure. Register citation].
* * * * * * *
173–422–160 ................. Fleet and diesel owner 3/31/95 8/11/15 [Insert Federal Except:
vehicle testing re- Register citation]. The part of 173–422–160(3) that says ‘‘of
quirements. twelve or less dollars’’.
* * * * * * *
173–422–190 ................. Emission specialist au- 7/4/02 8/11/15 [Insert Federal
thorization. Register citation].
173–422–195 ................. Listing of authorized 7/4/02 8/11/15 [Insert Federal
emission specialists. Register citation].
* * * * * * *
* * * * * (e) * * *
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable EPA
geographic or State submittal
Name of SIP provision Approval Comments
nonattainment date date
area
* * * * * * *
8-Hour Ozone 110(a)(1) Maintenance Plan ...................................................... Vancouver ...... 1/17/2007 8/11/2015
[Insert page
number
where the
document
begins].
[FR Doc. 2015–19724 Filed 8–10–15; 8:45 am] SUMMARY: The Environmental Protection Forsyth, Fulton, Gwinnett, Henry,
BILLING CODE 6560–50–P Agency (EPA) is taking direct final Newton, Paulding, and Rockdale). This
action to approve a state action is being taken pursuant to the
implementation plan (SIP) revision Clean Air Act (CAA or Act) and its
ENVIRONMENTAL PROTECTION submitted by the State of Georgia, implementing regulations.
AGENCY through Georgia Environmental DATES: This direct final rule is effective
Protection Division (GA EPD) on October 13, 2015 without further notice,
40 CFR Part 52
February 6, 2015, to address the base unless EPA receives adverse comment
year emissions inventory and emissions by September 10, 2015. If EPA receives
[EPA–R04–OAR–2015–0248; FRL–9932–20– statements requirements for the 2008 8- such comments, it will publish a timely
Region 4] hour ozone national ambient air quality withdrawal of the direct final rule in the
standards (NAAQS) for the Atlanta, Federal Register and inform the public
Approval and Promulgation of
Georgia 2008 8-hour ozone that the rule will not take effect.
Implementation Plans; Georgia;
nonattainment area (hereinafter referred ADDRESSES: Submit your comments,
rmajette on DSK2TPTVN1PROD with RULES
Atlanta; Requirements for the 2008 8-
Hour Ozone Standard to as the ‘‘Atlanta Area’’). These identified by Docket ID No. EPA–R04–
requirements apply to all ozone OAR–2015–0248, by one of the
AGENCY: Environmental Protection nonattainment areas. The Atlanta Area following methods:
Agency. is comprised of 15 counties in Atlanta 1. www.regulations.gov: Follow the
(Bartow, Cherokee, Clayton, Cobb, on-line instructions for submitting
ACTION: Direct final rule.
Coweta, DeKalb, Douglas, Fayette, comments.
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Document Created: 2016-09-27 22:25:27
Document Modified: 2016-09-27 22:25:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This action is effective on September 10, 2015. | |
| Contact | Claudia Vergnani Vaupel, (206) 553- 6121, or by email at [email protected] | |
| FR Citation | 80 FR 48033 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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