81 FR 21470 - Approval and Promulgation of Implementation Plans; Spokane, Washington: Second 10-Year PM10
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 70 (April 12, 2016)
Federal Register Volume 81, Issue 70 (April 12, 2016)
| Page Range | 21470-21472 | |
| FR Document | 2016-08272 |
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)] [Rules and Regulations] [Pages 21470-21472] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08272] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2016-0003; FRL-9944-83-Region 10] Approval and Promulgation of Implementation Plans; Spokane, Washington: Second 10-Year PM10 Limited Maintenance Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the limited maintenance plan submitted on January 4, 2016, by the State of Washington for the Spokane area, which includes the cities of Spokane, Spokane Valley, Millwood and surrounding unincorporated areas in Spokane County, Washington. This plan addresses the second 10-year maintenance period for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10 ). A limited maintenance plan is used to meet Clean Air Act requirements for formerly designated nonattainment areas that meet certain qualification criteria. The EPA determined that Washington's submittal meets the limited maintenance plan criteria. The Spokane area currently has monitored PM10 levels well below the National Ambient Air Quality Standards (NAAQS) and levels have not increased since the area was redesignated to attainment in 2005. The EPA is also approving minor updates to the Spokane Regional Clean Air Agency (SRCAA) regulations controlling PM10 related to the maintenance plan. DATES: This final rule is effective May 12, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2016-0003. 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 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, [email protected], or by using the above EPA, Region 10 address. 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 February 26, 2016, the EPA proposed to approve the limited maintenance plan submitted by the State of Washington, on January 4, 2016, for the Spokane PM10 area, including minor regulatory changes associated with the limited maintenance plan (81 FR 9793). 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 March 28, 2016. The EPA received no comments on the proposal. [[Page 21471]] II. Final Action The EPA is approving the limited maintenance plan submitted by the State of Washington, on January 4, 2016, for the Spokane PM10 area. The EPA's approval of this limited maintenance plan satisfies the Clean Air Act requirements for the second 10-year period in the Spokane PM10 area. Additionally, the EPA is approving and incorporating by reference updated versions of supporting regulations, specifically SRCAA Regulation I, sections 6.05, 6.14, and 6.15. These regulatory changes update and clarify the general PM10 control measures, including minor revisions to the emission reduction strategies for both paved and unpaved roads. 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 of the regulations 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 http://www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 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 Clean Air 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 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). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not impose substantial direct costs on tribal governments or preempt tribal law. This SIP revision is not approved to apply in Indian reservations in the State or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Consistent with EPA policy, the EPA provided a consultation opportunity to the Spokane Tribe in a letter dated May 21, 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 13, 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: April 1, 2016. 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: 0 a. Amend paragraph (c), Table 9 ``Additional Regulations Approved for Spokane Regional Clean Air Agency (SRCAA) Jurisdiction ``, by revising entries ``6.05'', ``6.14'', and ``6.15''. 0 b. Amend paragraph (e), Table 2 ``Attainment, Maintenance, and Other Plans'', by adding an entry to the end of the table. The revisions and addition read as follows: Sec. 52.2470 Identification of plan. * * * * * (c) * * * [[Page 21472]] Table 9--Additional Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA) Jurisdiction [Applicable in Spokane County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173-400-700, 173-405-012, 173-410-012, and 173-415-012] -------------------------------------------------------------------------------------------------------------------------------------------------------- State/local State/local citation Title/subject effective date EPA approval date Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- Spokane Regional Clean Air Agency Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation I--Article VI--Emissions Prohibited -------------------------------------------------------------------------------------------------------------------------------------------------------- 6.05............................. Particulate Matter and 04/10/04 04/12/16 [Insert Federal Register Except 6.05(A). Preventing Particulate citation]. Matter from Becoming Airborne. 6.14............................. Standards for Control of 06/03/07 04/12/16 [Insert Federal Register .................................... Particulate Matter on citation]. Paved Surfaces. 6.15............................. Standards for Control of 06/03/07 04/12/16 [Insert Federal Register .................................... Particulate Matter on citation]. Unpaved Roads. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * Table 2--Attainment, Maintenance, and Other Plans -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable geographic State Name of SIP Provision or nonattainment area submittal date EPA approval date Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Particulate Matter (PM10) 2nd 10- Spokane.............. 1/4/16 4/12/16 [Insert Federal Register ..................................... Year Limited Maintenance Plan. citation]. -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-08272 Filed 4-11-16; 8:45 am] BILLING CODE 6560-50-P
![21470 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations
State effective EPA effective Final rule
Title Comments
date date citation/date
VI. Requirements applicable to attainment and unclassifiable 12/15/2010 2/24/16 81 FR 3963, Except for VI.A.1.c., the
areas and pollutants implemented under Section 110 of 12/15/2011 1/25/16 phrase ‘‘for phases that
the Federal Act (Prevention of Significant Deterioration 2/15/2013 commence construction
Program). more than 18 months after
the initial granting of the
permit’’; VI.A.2., the phrase
‘‘either Section VI.A.2.a. or
b., as clarified for any rel-
evant air pollutant, in Sec-
tion VI.A.2.c.’’; VI.A.2.c.;
VI.B.3.a.(iii) in reference to
PM2.5 monitoring exemp-
tion; and VI.B.3.d.
* * * * * * *
X. Air Quality Limitations ......................................................... 12/15/2011 2/24/16 81 FR 3963,
1/25/16
* * * * * * *
XIII. Federal Class I Areas ...................................................... 12/15/2011 2/24/16 81 FR 3963,
1/25/16
XIV. Visibility ............................................................................ 12/15/2010 2/24/16 81 FR 3963,
1/25/16
XV. Actuals PALs .................................................................... 12/15/2010 2/24/16 81 FR 3963,
1/25/16
* * * * * * *
* * * * * Air Act requirements for formerly EPA requests that if at all possible, you
Dated: March 24, 2016. designated nonattainment areas that contact the individual listed in the FOR
Shaun L. McGrath,
meet certain qualification criteria. The FURTHER INFORMATION CONTACT section to
EPA determined that Washington’s view the hard copy of the docket. You
Regional Administrator, Region 8.
submittal meets the limited may view the hard copy of the docket
[FR Doc. 2016–08274 Filed 4–11–16; 8:45 am]
maintenance plan criteria. The Spokane Monday through Friday, 8:00 a.m. to
BILLING CODE 6560–50–P area currently has monitored PM10 4:00 p.m., excluding Federal holidays.
levels well below the National Ambient
Air Quality Standards (NAAQS) and FOR FURTHER INFORMATION CONTACT: For
ENVIRONMENTAL PROTECTION information please contact Jeff Hunt at
levels have not increased since the area
AGENCY (206) 553–0256, hunt.jeff@epa.gov, or by
was redesignated to attainment in 2005.
The EPA is also approving minor using the above EPA, Region 10 address.
40 CFR Part 52
updates to the Spokane Regional Clean SUPPLEMENTARY INFORMATION:
[EPA–R10–OAR–2016–0003; FRL–9944–83– Air Agency (SRCAA) regulations
Region 10] controlling PM10 related to the Table of Contents
maintenance plan. I. Background Information
Approval and Promulgation of
Implementation Plans; Spokane, DATES: This final rule is effective May II. Final Action
Washington: Second 10-Year PM10 12, 2016. III. Incorporation by Reference
Limited Maintenance Plan IV. Statutory and Executive Orders Review
ADDRESSES: The EPA has established a
AGENCY: Environmental Protection docket for this action under Docket ID I. Background Information
Agency (EPA). No. EPA–R10–OAR–2016–0003. All
ACTION: Final rule. documents in the docket are listed on On February 26, 2016, the EPA
the http://www.regulations.gov Web proposed to approve the limited
SUMMARY: The Environmental Protection site. Although listed in the index, some maintenance plan submitted by the
Agency (EPA) is approving the limited information is not publicly available, State of Washington, on January 4, 2016,
maintenance plan submitted on January e.g., Confidential Business Information for the Spokane PM10 area, including
4, 2016, by the State of Washington for (CBI) or other information the disclosure minor regulatory changes associated
the Spokane area, which includes the of which is restricted by statute. Certain with the limited maintenance plan (81
cities of Spokane, Spokane Valley, other material, such as copyrighted FR 9793). An explanation of the Clean
Millwood and surrounding material, is not placed on the Internet Air Act requirements, a detailed
unincorporated areas in Spokane and will be publicly available only in analysis of the submittal, and the EPA’s
jstallworth on DSK7TPTVN1PROD with RULES
County, Washington. This plan hard copy form. Publicly available reasons for proposing approval were
addresses the second 10-year docket materials are available either provided in the notice of proposed
maintenance period for particulate electronically through http:// rulemaking, and will not be restated
matter with an aerodynamic diameter www.regulations.gov or in hard copy at here. The public comment period for
less than or equal to a nominal 10 the Air Programs Unit, Office of Air, this proposed rule ended on March 28,
micrometers (PM10). A limited Waste and Toxics, EPA Region 10, 1200 2016. The EPA received no comments
maintenance plan is used to meet Clean Sixth Avenue, Seattle, WA, 98101. The on the proposal.
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TABLE 9—ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL CLEAN AIR AGENCY (SRCAA)
JURISDICTION
[Applicable in Spokane County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations
and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability
sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012]
State/local
State/local citation Title/subject EPA approval date Explanations
effective date
Spokane Regional Clean Air Agency Regulations
Regulation I—Article VI—Emissions Prohibited
6.05 ............................ Particulate Matter and Preventing Particu- 04/10/04 04/12/16 [Insert Federal Except 6.05(A).
late Matter from Becoming Register citation].
Airborne.
6.14 ............................ Standards for Control of Particulate Matter 06/03/07 04/12/16 [Insert Federal
on Paved Surfaces. Register citation].
6.15 ............................ Standards for Control of Particulate Matter 06/03/07 04/12/16 [Insert Federal
on Unpaved Roads. Register citation].
* * * * * * *
* * * * * (e) * * *
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable geographic State submittal
Name of SIP Provision EPA approval date Explanations
or nonattainment area date
* * * * * * *
Particulate Matter (PM10) 2nd 10-Year Lim- Spokane .................... 1/4/16 4/12/16 [Insert Federal
ited Maintenance Plan. Register citation].
[FR Doc. 2016–08272 Filed 4–11–16; 8:45 am] exemption from the requirement of a information about the docket available
BILLING CODE 6560–50–P tolerance. This regulation eliminates the at http://www.epa.gov/dockets.
need to establish a maximum FOR FURTHER INFORMATION CONTACT:
permissible level for residues of 1,2- Susan Lewis, Registration Division
ENVIRONMENTAL PROTECTION propanediol, 3-[3-[1, 3, 3, 3-tetramethyl- (7505P), Office of Pesticide Programs,
AGENCY 1-[(trimethylsilyl)oxy]-1-disiloxyanyl] Environmental Protection Agency, 1200
propoxy]-. Pennsylvania Ave. NW., Washington,
40 CFR Part 180 DATES: This regulation is effective April DC 20460–0001; main telephone
[EPA–HQ–OPP–2014–0449; FRL–9944–11] 12, 2016. Objections and requests for number: (703) 305–7090; email address:
hearings must be received on or before RDFRNotices@epa.gov.
1,2-Propanediol, 3-[3-[1, 3, 3, 3- June 13, 2016, and must be filed in
SUPPLEMENTARY INFORMATION:
tetramethyl-1-[(trimethylsilyl)oxy]-1- accordance with the instructions
disiloxanyl] propoxy]-; Exemption provided in 40 CFR part 178 (see also I. General Information
From the Requirement of a Tolerance Unit I.C. of the SUPPLEMENTARY
A. Does this action apply to me?
INFORMATION).
AGENCY: Environmental Protection
ADDRESSES: The docket for this action, You may be potentially affected by
Agency (EPA).
identified by docket identification (ID) this action if you are an agricultural
ACTION: Final rule. producer, food manufacturer, or
number EPA–HQ–OPP–2014–0449, is
SUMMARY: This regulation establishes an available at http://www.regulations.gov pesticide manufacturer. The following
exemption from the requirement of a or at the Office of Pesticide Programs list of North American Industrial
tolerance for residues of 1,2- Regulatory Public Docket (OPP Docket) Classification System (NAICS) codes is
propanediol, 3-[3-[1, 3, 3, 3-tetramethyl- in the Environmental Protection Agency not intended to be exhaustive, but rather
1-[(trimethylsilyl)oxy]-1-disiloxyanyl] Docket Center (EPA/DC), West William provides a guide to help readers
propoxy]- (CAS Reg. No. 70280–68–1) Jefferson Clinton Bldg., Rm. 3334, 1301 determine whether this document
when used as an inert ingredient Constitution Ave. NW., Washington, DC applies to them. Potentially affected
(antifoaming agent) in pesticide 20460–0001. The Public Reading Room entities may include:
• Crop production (NAICS code 111).
jstallworth on DSK7TPTVN1PROD with RULES
formulations applied to growing crops is open from 8:30 a.m. to 4:30 p.m.,
at a maximum concentration not to Monday through Friday, excluding legal • Animal production (NAICS code
exceed 5% by weight. Exponent, on holidays. The telephone number for the 112).
behalf of ISK Biosciences submitted a Public Reading Room is (202) 566–1744, • Food manufacturing (NAICS code
petition to EPA under the Federal Food, and the telephone number for the OPP 311).
Drug, and Cosmetic Act (FFDCA), Docket is (703) 305–5805. Please review • Pesticide manufacturing (NAICS
requesting establishment of an the visitor instructions and additional code 32532).
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Document Created: 2016-04-12 00:46:29
Document Modified: 2016-04-12 00:46:29
| 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 May 12, 2016. | |
| Contact | For information please contact Jeff Hunt at (206) 553-0256, [email protected], or by using the above EPA, | |
| FR Citation | 81 FR 21470 | |
| 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 |
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