81 FR 45417 - Approval and Promulgation of Implementation Plans; Washington: Spokane Second 10-Year Carbon Monoxide Limited Maintenance Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 135 (July 14, 2016)
Federal Register Volume 81, Issue 135 (July 14, 2016)
| Page Range | 45417-45419 | |
| FR Document | 2016-16452 |
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)] [Rules and Regulations] [Pages 45417-45419] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16452] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2016-0290; FRL-9948-97-Region 10] Approval and Promulgation of Implementation Plans; Washington: Spokane Second 10-Year Carbon Monoxide 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 May 11, 2016, by the Washington Department of Ecology (Ecology), in cooperation with the Spokane Regional Clean Air Agency (SRCAA) for the Spokane carbon monoxide (CO) maintenance area (Spokane area or area). The Spokane area includes the cities of Spokane, Spokane Valley, Millwood, and surrounding urban areas in Spokane County, Washington. This plan addresses the second 10- year maintenance period for the National Ambient Air Quality Standards (NAAQS) promulgated for CO, as revised in 1985. The Spokane area has had no exceedances of the CO NAAQS since 1997 and monitored CO levels in the area continue to decline steadily. The EPA is also approving an alternative CO monitoring strategy for the Spokane area which was submitted as part of the limited maintenance plan. DATES: This final rule is effective August 15, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2016-0290. 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 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 http://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 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. [[Page 45418]] FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office of Air and Waste (AWT-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone number: (206) 553-0256; email address: [email protected]. 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 May 27, 2016, the EPA proposed to approve the limited maintenance plan submitted by the State of Washington for the Spokane CO area, including proposed approval of an alternative CO monitoring strategy and removal of an obsolete site-specific order and amendment for the former Kaiser Aluminum and Chemical Corporation's aluminum reduction plant (81 FR 33632). 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 June 27, 2016. The EPA received no comments on the proposal. II. Final Action The EPA is approving the limited maintenance plan submitted by the State of Washington for the Spokane CO area. We are approving the request to remove the associated order and amendment for the former Kaiser Aluminum and Chemical Corporation's aluminum reduction plant located in Mead, Washington from incorporation by reference in the Washington State Implementation Plan (SIP) because the facility has been shut down, dismantled, and the operating permit has been revoked. We are also approving the State's alternative CO monitoring strategy for the Spokane area. The EPA's approval of this limited maintenance plan satisfies the Clean Air Act (CAA) section 175A requirements for the second 10-year period in the Spokane CO area. 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 as described in the amendments to 40 CFR part 52 set forth below. These materials have been approved by the EPA for inclusion in the State implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 10 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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 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). This SIP revision is not approved to apply on any Indian reservation land in Washington or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas, 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). However, consistent with EPA policy, the EPA provided a consultation opportunity to the Spokane Tribe in a letter dated September 11, 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 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 September 12, 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)). [[Page 45419]] 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: June 29, 2016. 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 paragraph (d) by removing the entries for ``Kaiser Order DE 01 AQIS-3285'' (state effective date 10/24/01) and ``Kaiser Order Amendment #1 DE 01 AQIS-3285'' (state effective date 4/9/03) from the table. 0 b. Amend paragraph (e) by adding an entry at the end of Table 2-- Attainment, Maintenance, and Other Plans for ``Carbon Monoxide 2nd 10- Year Limited Maintenance Plan.'' The addition reads as follows: Sec. 52.2470 Identification of plan. * * * * * (e) * * * Table 2--Attainment, Maintenance, and Other Plans ---------------------------------------------------------------------------------------------------------------- Applicable geographic State Name of SIP provision or nonattainment area submittal date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- * * * * * * * Carbon Monoxide 2nd 10-Year Spokane................ 5/11/16 7/14/2016, [Insert Limited Maintenance Plan. Federal Register citation] ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-16452 Filed 7-13-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 45417
in accordance with § 721.160(c)(3)(ii), is impracticable, unnecessary, or ENVIRONMENTAL PROTECTION
EPA is withdrawing the direct final contrary to the public interest. As AGENCY
SNURS issued for the following required by 5 U.S.C. 808(2), this
chemical substances, which were the determination is supported by a brief 40 CFR Part 52
subject of PMNs: Functionalized carbon statement in Unit III.
nanotubes (generic), (PMN P–15–276), [EPA–R10–OAR–2016–0290; FRL–9948–97–
List of Subjects Region 10]
Diisocyanato hexane, homopolymer,
alkanoic acid-polyalkylene glycol ether 40 CFR Part 9 Approval and Promulgation of
with substituted alkane (3:1) reaction Implementation Plans; Washington:
products-blocked (generic), (PMN P–15– Environmental protection, Reporting Spokane Second 10-Year Carbon
378), and Modified diphenylmethane and recordkeeping requirements. Monoxide Limited Maintenance Plan
diisocyanate prepolymer with polyol
(generic), (PMN P–15–559). EPA intends 40 CFR Part 721 AGENCY: Environmental Protection
to publish proposed SNURs for the Agency (EPA).
Environmental protection, Chemicals,
chemical substances identified in this ACTION: Final rule.
Hazardous substances, Reporting and
document.
For further information regarding recordkeeping requirements. SUMMARY: The Environmental Protection
EPA’s direct final rulemaking Dated: July 7, 2016. Agency (EPA) is approving the limited
procedures for issuing SNURs, see 40 Maria J. Doa, maintenance plan submitted on May 11,
CFR part 721, subpart D, and the Director, Chemical Control Division, Office
2016, by the Washington Department of
Federal Register of July 27, 1989 (54 FR of Pollution Prevention and Toxics. Ecology (Ecology), in cooperation with
31314). the Spokane Regional Clean Air Agency
Therefore, 40 CFR chapter I is (SRCAA) for the Spokane carbon
III. Good Cause Finding
amended as follows: monoxide (CO) maintenance area
EPA determined that this document is (Spokane area or area). The Spokane
not subject to the 30-day delay of PART 9—[AMENDED] area includes the cities of Spokane,
effective date generally required by the Spokane Valley, Millwood, and
Administrative Procedure Act (APA) (5 ■ 1. The authority citation for part 9 surrounding urban areas in Spokane
U.S.C. 553(d)) because of the time continues to read as follows: County, Washington. This plan
limitations for publication in the addresses the second 10-year
Federal Register. This document must Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
maintenance period for the National
publish on or before the effective date Ambient Air Quality Standards
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
of the direct final rule containing the (NAAQS) promulgated for CO, as
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
direct final SNURs being withdrawn. revised in 1985. The Spokane area has
1321, 1326, 1330, 1342, 1344, 1345(d) and
IV. Statutory and Executive Order (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, had no exceedances of the CO NAAQS
Reviews 1971–1975 Comp. p. 973; 42 U.S.C. 241, since 1997 and monitored CO levels in
242b, 243, 246, 300f, 300g, 300g–1, 300g–2, the area continue to decline steadily.
This action withdraws regulatory The EPA is also approving an
requirements that have not gone into 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657, alternative CO monitoring strategy for
effect and which contain no new or the Spokane area which was submitted
amended requirements. As such, the 11023, 11048.
as part of the limited maintenance plan.
Agency has determined that this action § 9.1 [Amended] DATES: This final rule is effective August
will not have any adverse impacts,
economic or otherwise. The statutory ■ 2. In the table in § 9.1, under the 15, 2016.
and Executive Order review undesignated center heading ADDRESSES: The EPA has established a
requirements applicable to the direct ‘‘Significant New Uses of Chemical docket for this action under Docket ID
final rule were discussed in the May 16, Substances,’’ remove §§ 721.10902, No. EPA–R10–OAR–2016–0290. All
2016 Federal Register. Those review 721.10913 and 721.10920. documents in the docket are listed on
requirements do not apply to this action the http://www.regulations.gov Web
because it is a withdrawal and does not PART 721—[AMENDED] site. Although listed in the index, some
contain any new or amended information may not be publicly
requirements. ■ 3. The authority citation for part 721 available, i.e., Confidential Business
continues to read as follows: Information or other information the
V. Congressional Review Act (CRA) disclosure of which is restricted by
Pursuant to the Congressional Review Authority: 15 U.S.C. 2604, 2607, and statute. Certain other material, such as
Act (5 U.S.C. 801 et seq.), EPA will 2625(c). copyrighted material, is not placed on
submit a report containing this rule and the Internet and is publicly available
§ 721.10902 [Removed]
other required information to the U.S. only in hard copy form. Publicly
Senate, the U.S. House of ■ 4. Remove § 721.10902. available docket materials are available
Representatives, and the Comptroller at http://www.regulations.gov or at EPA
General of the United States prior to § 721.10913 [Removed] Region 10, Office of Air and Waste, 1200
publication of the rule in the Federal Sixth Avenue, Seattle, Washington
5. Remove § 721.10913.
mstockstill on DSK3G9T082PROD with RULES
■
Register. This action is not a ‘‘major 98101. The EPA requests that you
rule’’ as defined by 5 U.S.C. 804(2). § 721.10920 [Removed] contact the person listed in the FOR
Section 808 of the CRA allows the FURTHER INFORMATION CONTACT section to
issuing agency to make a rule effective ■ 6. Remove § 721.10920. schedule your inspection. The Regional
sooner than otherwise provided by CRA [FR Doc. 2016–16576 Filed 7–13–16; 8:45 am] Office’s official hours of business are
if the agency makes a good cause BILLING CODE 6560–50–P
Monday through Friday, 8:30 to 4:30,
finding that notice and public procedure excluding Federal holidays.
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List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND DE 01 AQIS–3285’’ (state effective date
Environmental protection, Air PROMULGATION OF 4/9/03) from the table.
pollution control, Carbon monoxide, IMPLEMENTATION PLANS ■ b. Amend paragraph (e) by adding an
Incorporation by reference, entry at the end of Table 2—Attainment,
Intergovernmental relations, Lead, ■ 1. The authority citation for Part 52 Maintenance, and Other Plans for
Nitrogen dioxide, Ozone, Particulate continues to read as follows: ‘‘Carbon Monoxide 2nd 10-Year Limited
matter, Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq. Maintenance Plan.’’
requirements, Sulfur oxides, Volatile
organic compounds. The addition reads as follows:
Subpart WW—Washington
Dated: June 29, 2016. § 52.2470 Identification of plan.
Michelle L. Pirzadeh, ■ 2. In § 52.2470: * * * * *
Acting Regional Administrator, Region 10. ■ a. Amend paragraph (d) by removing
(e) * * *
For the reasons set forth in the the entries for ‘‘Kaiser Order DE 01
preamble, 40 CFR part 52 is amended as AQIS–3285’’ (state effective date 10/24/
follows: 01) and ‘‘Kaiser Order Amendment #1
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable
geographic or State submittal
Name of SIP provision EPA approval date Explanations
nonattainment date
area
* * * * * * *
Carbon Monoxide 2nd 10-Year Limited Main- Spokane ........ 5/11/16 7/14/2016, [Insert Federal Register citation]
tenance Plan.
[FR Doc. 2016–16452 Filed 7–13–16; 8:45 am] attainment of the 2008 8-hour ozone Management Division, U.S.
BILLING CODE 6560–50–P NAAQS is suspended until EPA Environmental Protection Agency,
redesignates the Area to attainment, Region 4, 61 Forsyth Street SW.,
approves a redesignation substitute, or Atlanta, Georgia 30303–8960. EPA
ENVIRONMENTAL PROTECTION determines that the Area has violated requests that if at all possible, you
AGENCY the 2008 8-hour ozone NAAQS. This contact the person listed in the FOR
final attainment determination does not FURTHER INFORMATION CONTACT section to
40 CFR Part 52 constitute a redesignation to attainment. schedule your inspection. The Regional
[EPA–R04–OAR–2015–0839; FRL–9948–93–
The Atlanta Area will remain in Office’s official hours of business are
Region 4] nonattainment status for the 2008 8- Monday through Friday 8:30 a.m. to
hour ozone NAAQS until such time as 4:30 p.m., excluding federal holidays.
Determination of Attainment; Atlanta, the State requests a redesignation to
attainment and EPA determines that the FOR FURTHER INFORMATION CONTACT: Jane
Georgia; 2008 Ozone National Ambient
Atlanta Area meets the Clean Air Act Spann, Air Regulatory Management
Air Quality Standards
(CAA or Act) requirements for Section, Air Planning and
AGENCY: Environmental Protection redesignation, including an approved Implementation Branch, Air, Pesticides
Agency. maintenance plan. and Toxics Management Division,
ACTION: Final rule. Region 4, U.S. Environmental Protection
DATES: This rule will be effective August Agency, 61 Forsyth Street SW., Atlanta,
SUMMARY: The Environmental Protection 15, 2016. Georgia 30303–8960. Ms. Spann can be
Agency (EPA) is taking final action to ADDRESSES: EPA has established a reached via phone at (404) 562–9029 or
determine that the Atlanta, Georgia, docket for this action under Docket via electronic mail at spann.jane@
2008 Ozone National Ambient Air Identification No. EPA–R04–OAR– epa.gov.
Quality Standard (NAAQS) Moderate 2015–0839. All documents in the docket
Nonattainment Area (‘‘Atlanta Area’’ or are listed on the www.regulations.gov SUPPLEMENTARY INFORMATION:
the ‘‘Area’’) has attained the 2008 8- Web site. Although listed in the index, I. Background
hour ozone NAAQS. This final some information may not be publicly
determination is based upon complete, available, i.e., Confidential Business On March 12, 2008, EPA revised both
quality-assured, and certified ambient Information or other information whose the primary and secondary NAAQS for
air monitoring data showing that the disclosure is restricted by statute. ozone to a level of 0.075 parts per
Area has monitored attainment of the Certain other material, such as million (ppm) (annual fourth-highest
2008 8-hour ozone NAAQS for the copyrighted material, is not placed on daily maximum 8-hour average
2013–2015 monitoring period. The the Internet and will be publicly concentration, averaged over three
mstockstill on DSK3G9T082PROD with RULES
requirement for this Area to submit an available only in hard copy form. years) to provide increased protection of
attainment demonstration and Publicly available docket materials are public health and the environment. See
associated reasonably available control available either electronically through 73 FR 16436 (March 27, 2008). The 2008
measures (RACM), reasonable further www.regulations.gov or in hard copy at ozone NAAQS retains the same general
progress (RFP) plans, contingency the Air Regulatory Management Section, form and averaging time as the 0.08
measures, and other planning state Air Planning and Implementation ppm NAAQS set in 1997, but is set at
implementation plans (SIPs) related to Branch, Air, Pesticides and Toxics a more protective level.
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Document Created: 2016-07-14 01:54:56
Document Modified: 2016-07-14 01:54:56
| 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 August 15, 2016. | |
| Contact | Jeff Hunt, Air Planning Unit, Office of Air and Waste (AWT-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone number: (206) | |
| FR Citation | 81 FR 45417 | |
| 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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