80 FR 77578 - Approval and Promulgation of Implementation Plans; Washington: Interstate Transport of Ozone
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 240 (December 15, 2015)
Federal Register Volume 80, Issue 240 (December 15, 2015)
| Page Range | 77578-77580 | |
| FR Document | 2015-31460 |
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)] [Rules and Regulations] [Pages 77578-77580] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31460] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2015-0334; FRL-9940-05-Region 10] Approval and Promulgation of Implementation Plans; Washington: Interstate Transport of Ozone AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting emissions that will have certain adverse air quality effects in other states. On May 11, 2015, the State of Washington made a submittal to the Environmental Protection Agency (EPA) to address these requirements. The EPA is approving the submittal as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2008 ozone National Ambient Air Quality Standard (NAAQS) in any other state. DATES: This final rule is effective January 14, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2015-0334. 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 [[Page 77579]] 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 holidays. FOR FURTHER INFORMATION CONTACT: For information please contact Jeff Hunt at (206) 553-0256, hunt.jeff@epa.gov, or by using the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Table of Contents I. Background Information II. Final Action III. Statutory and Executive Orders Review I. Background Information On October 27, 2015, the EPA proposed to find that Washington adequately addressed the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS (80 FR 65672). An explanation of the CAA requirements, a detailed analysis of the submittal, and the EPA's reasons for 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 November 27, 2015. The EPA received no comments on the proposal. II. Final Action The EPA approves the Washington SIP as meeting the CAA section 110(a)(2)(D)(i)(I) interstate transport requirements for the 2008 ozone NAAQS. III. Statutory and Executive Orders Review 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 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). The SIP is not approved to apply on any Indian reservation land in Washington except as specifically noted below and is also not approved to apply 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). 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. 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 February 16, 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: December 1, 2015. Dennis J. McLerran, 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, paragraph (e) is amended by adding an entry to the end of ``Table 2 -Attainment, Maintenance, and Other Plans'' to reads as follows: Sec. 52.2470 Identification of plan. * * * * * (e) * * * [[Page 77580]] Table 2--Attainment, Maintenance, and Other Plans ---------------------------------------------------------------------------------------------------------------- Applicable geographic State EPA Approval Name of SIP provision or nonattainment area submittal date date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * Interstate Transport for the Statewide............ 5/11/15 12/15/15 This action addresses CAA 2008 Ozone NAAQS. [Insert 110(a)(2)(D)(i)(I). Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-31460 Filed 12-14-15; 8:45 am] BILLING CODE 6560-50-P
![77578 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations
PART 241—SOLID WASTES USED AS this tentative decision will be published Authority: 15 U.S.C. 2605, 2607, 2611,
FUELS OR INGREDIENTS IN in a newspaper advertisement or radio 2614, and 2616.
COMBUSTION UNITS broadcast in the locality where the ■ 14. Amend § 761.60 by revising
facility combusting the non-hazardous paragraph (i)(1) to read as follows:
■ 9. The authority citation for part 241 secondary material is located, and be
continues to read as follows: § 761.60 Disposal requirements.
made available on the EPA’s Web site.
(iii) The Regional Administrator or * * * * *
Authority: 42 U.S.C. 6903, 6912, 7429.
the Assistant Administrator for the (i) * * * (1) The officials designated
■ 10. Amend § 241.3 by revising in paragraph (e) of this section and
paragraphs (c) introductory text, (c)(1) Office of Land and Emergency
Management will accept public § 761.70(a) and (b) to receive requests
introductory text, (c)(2) introductory for approval of PCB disposal activities
text, (c)(2)(ii), (c)(2)(iii), and (c)(2)(iv) to comments on the tentative decision for
30 days, and may also hold a public are the primary approval authorities for
read as follows: these activities. Notwithstanding, EPA
hearing upon request or at his/her
§ 241.3 Standards and procedures for discretion. The Regional Administrator may, at its discretion, assign the
identification of non-hazardous secondary or the Assistant Administrator for the authority to review and approve any
materials that are solid wastes when used Office of Land and Emergency aspect of a disposal system to the Office
as fuels or ingredients in combustion units.
Management will issue a final decision of Land and Emergency Management or
* * * * * after receipt of comments and after a to a Regional Administrator.
(c) The Regional Administrator may hearing (if any). If a determination is * * * * *
grant a non-waste determination that a made that the non-hazardous secondary [FR Doc. 2015–31061 Filed 12–14–15; 8:45 am]
non-hazardous secondary material that material is a non-waste fuel, it will be BILLING CODE 6560–50–P
is used as a fuel, which is not managed retroactive and apply on the date the
within the control of the generator, is petition was submitted.
not discarded and is not a solid waste ENVIRONMENTAL PROTECTION
(iv) If a change occurs that affects how
when combusted. This responsibility AGENCY
a non-hazardous secondary material
may be retained by the Assistant meets the relevant criteria contained in
Administrator for the Office of Land and 40 CFR Part 52
this paragraph (c) after a formal non-
Emergency Management if combustors waste determination has been granted, [EPA–R10–OAR–2015–0334; FRL–9940–05–
are located in multiple EPA Regions and the applicant must re-apply to the Region 10]
the petitioner requests that the Assistant Regional Administrator or the Assistant
Administrator process the non-waste Approval and Promulgation of
Administrator for the Office of Land and Implementation Plans; Washington:
determination petition. If multiple Emergency Management for a formal
combustion units are located in one Interstate Transport of Ozone
determination that the non-hazardous
EPA Region, the application must be secondary material continues to meet AGENCY: Environmental Protection
submitted to the Regional Administrator the relevant criteria and, thus, is not a Agency (EPA).
for that Region. The criteria and process solid waste. ACTION: Final rule.
for making such non-waste
determinations includes the following: * * * * *
SUMMARY: The Clean Air Act (CAA)
(1) Submittal of an application to the PART 310—REIMBURSEMENT TO requires each State Implementation Plan
Regional Administrator for the EPA LOCAL GOVERNMENTS FOR (SIP) to contain adequate provisions
Region where the facility or facilities are EMERGENCY RESPONSE TO prohibiting emissions that will have
located or the Assistant Administrator HAZARDOUS SUBSTANCE RELEASES certain adverse air quality effects in
for the Office of Land and Emergency other states. On May 11, 2015, the State
Management for a determination that ■ 11. The authority citation for part 310 of Washington made a submittal to the
the non-hazardous secondary material, continues to read as follows: Environmental Protection Agency (EPA)
even though it has been transferred to a to address these requirements. The EPA
Authority: 42 U.S.C. 9611(c)(11), 9623.
third party, has not been discarded and is approving the submittal as meeting
is indistinguishable in all relevant ■ 12. Amend § 310.15 by revising the requirement that each SIP contain
aspects from a fuel product. The paragraph (d) to read as follows: adequate provisions to prohibit
determination will be based on whether emissions that will contribute
§ 310.15 How do I apply for
the non-hazardous secondary material reimbursement? significantly to nonattainment or
that has been discarded is a legitimate interfere with maintenance of the 2008
fuel as specified in paragraph (d)(1) of * * * * *
ozone National Ambient Air Quality
this section and on the following (d) Mail your completed application Standard (NAAQS) in any other state.
criteria: and supporting data to the LGR Project
DATES: This final rule is effective
Officer, (5401A), Office of Emergency
* * * * * January 14, 2016.
Management, Office of Land and
(2) The Regional Administrator or ADDRESSES: The EPA has established a
Emergency Management, Environmental
Assistant Administrator for the Office of docket for this action under Docket ID
Protection Agency, 1200 Pennsylvania
Land and Emergency Management will No. EPA–R10–OAR–2015–0334. All
Ave. NW., Washington, DC 20460.
evaluate the application pursuant to the documents in the docket are listed on
asabaliauskas on DSK5VPTVN1PROD with RULES
following procedures: PART 761—POLYCHLORINATED the http://www.regulations.gov Web
* * * * * BIPHENYLS (PCBs) site. Although listed in the index, some
(ii) The Regional Administrator or MANUFACTURING, PROCESSING, information is not publicly available,
Assistant Administrator for the Office of DISTRIBUTION IN COMMERCE, AND e.g., Confidential Business Information
Land and Emergency Management will USE PROHIBITIONS (CBI) or other information the disclosure
evaluate the application and issue a of which is restricted by statute. Certain
draft notice tentatively granting or ■ 13. The authority citation for part 761 other material, such as copyrighted
denying the application. Notification of continues to read as follows: material, is not placed on the Internet
VerDate Sep<11>2014 16:23 Dec 14, 2015 Jkt 238001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\15DER1.SGM 15DER1](https://thefederalregister.org/doc/80_FR_77818/page/1.svg)
![77580 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
State submittal
Name of SIP provision Applicable geographic or nonattainment area EPA Approval date Comments
date
* * * * * * *
Interstate Transport for Statewide ............................................................... 5/11/15 12/15/15 [Insert Federal This action address-
the 2008 Ozone Register citation]. es CAA
NAAQS. 110(a)(2)(D)(i)(I).
[FR Doc. 2015–31460 Filed 12–14–15; 8:45 am] diverse natural environments in the 1321(t)(3)), the subject of this rule, 30%
BILLING CODE 6560–50–P world—including over 15,000 species of of funds in the Trust Fund will be
sea life and millions of migratory birds. disbursed to the States based on
The Gulf has endured many allocation criteria set forth in the
GULF COAST ECOSYSTEM catastrophes, including major RESTORE Act.1 In order for funds to be
RESTORATION COUNCIL hurricanes such as Katrina, Rita, Gustav disbursed to a State, the RESTORE Act
and Ike in the last ten years alone. The requires each State to develop a State
40 CFR Part 1800 region has also experienced the loss of Expenditure Plan (SEP) and submit it to
[Docket Number: 112152015–1111–10] critical wetland habitats, erosion of the Council for approval. The RESTORE
barrier islands, imperiled fisheries, Act specifies particular entities within
RESTORE Act Spill Impact Component water quality degradation and
the States to prepare these plans.
Allocation significant coastal land loss. More
recently, the health of the region’s SEPs must meet the following four
AGENCY: Gulf Coast Ecosystem ecosystem was significantly affected by criteria set forth in the RESTORE Act:
Restoration Council. the Deepwater Horizon oil spill. As a (1) All projects, programs and activities
ACTION: Final rule. result of the oil spill, the Council has (activities) included in the SEP are
SUMMARY: This rule sets forth the Gulf been given the great responsibility of eligible activities under the RESTORE
Coast Ecosystem Restoration Council’s helping to address ecosystem challenges Act (33 U.S.C. 1321(t)(3)(B)(i)(I)); (2) all
(Council) regulation to implement the across the Gulf. activities included in the SEP contribute
Spill Impact Component of the In 2010 the Deepwater Horizon oil to the overall economic and ecological
Resources and Ecosystems spill caused extensive damage to the recovery of the Gulf Coast (33 U.S.C.
Sustainability, Tourist Opportunities, Gulf Coast’s natural resources, 1321(t)(3)(B)(i)(II)); (3) the SEP takes the
and Revived Economies of the Gulf devastating the economies and Council’s Comprehensive Plan into
Coast States Act of 2012 (RESTORE communities that rely on it. In an effort consideration and is consistent with the
Act). This rule establishes the formula to help the region rebuild in the wake goals and objectives of the
allocating funds made available from of the spill, Congress passed and the Comprehensive Plan (33 U.S.C.
the Gulf Coast Restoration Trust Fund President signed the RESTORE Act, 1321(t)(3)(B)(i)(III)); and (4) no more
among the Gulf Coast States of Alabama, Public Law 112–141 sections 1601– than 25% of the allotted funds are used
Florida, Louisiana, Mississippi and 1608, 126 Stat. 588 (Jul. 6, 2012),
for infrastructure projects unless the
Texas (‘‘State’’ or ‘‘States’’) pursuant to codified at 33 U.S.C. 1321(t) and note.
SEP contains certain certifications
Sec. 1603(3) of the RESTORE Act. The RESTORE Act created the Gulf
pursuant to 33 U.S.C. 1321(t)(3)(B)(ii)
Coast Restoration Trust Fund (Trust
DATES: This rule will become effective (33 U.S.C. 1321(t)(3)(B)(ii)). If the
Fund) and dedicates to the Trust Fund
on the date the Council publishes in the 80% of all civil and administrative Council determines that an SEP meets
Federal Register a document confirming penalties paid under the Clean Water the four criteria listed above and
that the United States District Court for Act, after enactment of the RESTORE otherwise complies with the RESTORE
the Eastern District of Louisiana has Act, by parties responsible for the Act and the applicable Treasury
entered a consent decree (Consent Deepwater Horizon oil spill. Regulations, the Council must approve
Decree) among the United States, the Under the RESTORE Act, these funds the SEP based upon such determination
States and BP with respect to the civil will be made available through five within 60 days after a State submits an
penalty and natural resource damages in components. The Department of the SEP to the Council. 33 U.S.C.
case number MDL No. 2179. Treasury (Treasury) has issued 1321(t)(3)(B)(iv).
ADDRESSES: The Council posted all regulations (79 FR 48039 (Aug. 15, The funds the Council disburses to
comments on the proposed rule on its 2014)), adopting an interim final rule at the States upon approval of an SEP will
Web site, www.restorethegulf.gov, 31 CFR part 34) (Treasury Regulations), be in the form of grants. As required by
without change. applicable to all five components, that Federal law, the Council will award a
FOR FURTHER INFORMATION CONTACT: Will generally describe the responsibilities of Federal grant or grants to each of the
Spoon at (504) 239–9814. the Federal and State entities that States and incorporate into the grant
SUPPLEMENTARY INFORMATION: administer RESTORE Act programs and award(s) standard administrative terms
carry out restoration activities in the
asabaliauskas on DSK5VPTVN1PROD with RULES
Background
Gulf Coast region. 1 33 U.S.C. 1321(t)(3)(A)(ii). The Council
The Gulf Coast region is vital to our Two of the five components, the
previously promulgated a regulation permitting
nation and our economy, providing Council-Selected Restoration each State to access up to 5% of the total amount
valuable energy resources, abundant Component and the Spill Impact available in the Trust Fund under the Spill Impact
seafood, extraordinary beaches and Component, are administered by the Component (the statutory minimum guaranteed to
each State). These funds could be used for planning
recreational activities, and a rich natural Council, an independent Federal entity purposes associated with developing a State
and cultural heritage. Its waters and created by the RESTORE Act. Under the Expenditure Plan. 80 FR 1584 (Jan. 13, 2015); 40
coasts are home to one of the most Spill Impact Component (33 U.S.C. CFR 1800.20.
VerDate Sep<11>2014 17:22 Dec 14, 2015 Jkt 238001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\15DER1.SGM 15DER1](https://thefederalregister.org/doc/80_FR_77818/page/3.svg)
Document Created: 2018-03-02 09:15:28
Document Modified: 2018-03-02 09:15:28
| 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 final rule is effective January 14, 2016. | |
| Contact | For information please contact Jeff Hunt at (206) 553-0256, [email protected], or by using the above EPA, | |
| FR Citation | 80 FR 77578 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR