81 FR 53362 - Approval and Promulgation of Implementation Plans; Washington: Updates to Incorporation by Reference and Miscellaneous Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 156 (August 12, 2016)
Federal Register Volume 81, Issue 156 (August 12, 2016)
| Page Range | 53362-53365 | |
| FR Document | 2016-19031 |
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)] [Proposed Rules] [Pages 53362-53365] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19031] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2016-0394, FRL-9950-55-Region 10] Approval and Promulgation of Implementation Plans; Washington: Updates to Incorporation by Reference and Miscellaneous Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) proposes to approve State Implementation Plan revisions submitted by the Washington State Department of Ecology (Ecology) on July 11, 2016. The revisions update the incorporation by reference of Federal provisions cited in Ecology's general air quality regulations. The revisions also reflect changes to the primary and secondary National Ambient Air Quality Standards (NAAQS) for ozone, promulgated since Ecology's last update. Ecology also made minor corrections to typographical errors and non-substantive edits for clarity, such as standardizing the citation format. DATES: Comments must be received on or before September 12, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10- OAR-2016-0394 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is [[Page 53363]] restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. 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: hunt.jeff@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to the EPA. Table of Contents I. Background II. Analysis of Rule Updates III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background Section 110 of the Clean Air Act (CAA) governs the process by which a state submits air quality requirements to the EPA for approval into the State Implementation Plan (SIP). The SIP is a state's plan to implement, maintain and enforce the NAAQS. Ecology's general air quality regulations are set forth at Chapter 173-400 of the Washington Administrative Code (WAC). The EPA last approved changes to Chapter 173-400 WAC on April 29, 2015, which incorporates by reference certain Federal regulations, as of July 1, 2012 (80 FR 23721). Washington also adopts and implements changes to the NAAQS under Chapter 173-476 WAC, which the EPA last approved on March 4, 2014 (79 FR 12078). On July 11, 2016, Washington submitted a request to update Chapters 173-400 and 173-476 WAC in the SIP, with revised Federal citations as of January 1, 2016. II. Analysis of Rule Updates Chapter 173-400 WAC In order to streamline updates to Chapter 173-400 WAC and the Washington SIP, Ecology created a new section, WAC 173-400-025 Adoption of Federal Rules, which states, ``Federal rules mentioned in this rule are adopted as they exist on January 1, 2016. Adopted or adopted by reference means the federal rule applies as if it was copied into this rule.'' As part of this process, Ecology modified other sections of Chapter 173-400 WAC to remove citations to specific Federal regulation adoption dates, in order to rely on WAC 173-400-025. Ecology also corrected minor typographical errors, standardized references, and consistently formatted Federal citations. A redline/strikeout of the changes is included in the State's submittal, contained in the docket for this action. We reviewed these changes and are proposing to approve the revisions. One outcome of Ecology's update to Chapter 173-400 WAC relates to the Prevention of Significant Deterioration (PSD) permitting program for major stationary sources in attainment and unclassifiable areas. The Washington SIP, at WAC 173-400-720(4)(a)(vi), generally incorporates by reference the Federal PSD regulations contained in 40 CFR 52.21, with certain exceptions (80 FR 23721, April 29, 2015). As part of our April 29, 2015 final action on WAC 173-400-720(4)(a)(vi) we excluded the incorporation by reference of 40 CFR 52.21(b)(49)(v), 40 CFR 52.21(i)(5)(i), and 40 CFR 52.21(k)(2), as the Federal rules existed on July 1, 2012. These citations relate to Federal greenhouse gas, and fine particulate matter significant monitoring concentration and significant impact level provisions vacated by Federal courts after July 1, 2012 (see our proposed rulemaking for a full discussion, 80 FR 838, January 7, 2015, at page 842). After the court vacated the provisions, the EPA removed the provisions from 40 CFR 52.21 on December 9, 2013 (78 FR 73698) and August 19, 2015 (80 FR 50199). Ecology's revised incorporation by reference of these Federal regulations as of January 1, 2016, captures the EPA's removal of the vacated provisions. We are proposing to fully approve WAC 173-400- 720(4)(a)(vi) because it meets current Federal requirements and is consistent with the court decisions. All other exceptions to our approval of Chapter 173-400 WAC remain unchanged since our April 29, 2015 final action. Ecology also requested that the EPA update the Chapter 173-400 WAC citations for the Benton Clean Air Agency (BCAA) jurisdiction consistent with the exceptions noted in our November 17, 2015 final approval (80 FR 71695). As discussed in the proposed rulemaking for that action, BCAA does not implement WAC provisions related to the PSD program under WAC 173-400-116 and 173-400-700 through 173-400-750 (80 FR 55280, September 15, 2015, at page 55283). Also, as described in the proposed rulemaking for that action, BCAA local requirements contained in Regulation I, section 4.02 apply in lieu of the WAC provisions contained in WAC 173-400-040(4), WAC 173-400-040(9)(a), and WAC 173- 400-040(9)(b). The EPA is therefore proposing to approve the update to Chapter 173-400 WAC for BCAA's jurisdiction consistent with the exceptions noted above. The EPA is also proposing to revise the visibility protection Federal Implementation Plan contained in 40 CFR 52.2498 to reflect the approval of WAC 173-400-117 Special Protection Requirements for Federal Class I Areas for sources within BCAA's jurisdiction. Chapter 173-476 WAC The EPA last approved changes to Chapter 173-476 WAC on March 4, 2014, which contained all promulgated Federal NAAQS in existence at that time (79 FR 12078). In 2015, the EPA revised 40 CFR part 50 to include revised primary and secondary 8-hour ambient air quality standards for ozone at 0.070 parts per million (80 FR 65292, Oct. 26, 2015). Ecology's revision to Chapter 173-476 includes this update to the ozone standards and the interpretation method contained in 40 CFR part 50, Appendix U. We are proposing to approve the revisions to Chapter 173-476 WAC as meeting current Federal requirements. III. Proposed Action We are proposing to approve and incorporate by reference in the Washington SIP at 40 CFR 52.2470(c) the following revisions to Chapters 173-400 and 173-476 WAC as shown in the table below. [[Page 53364]] ------------------------------------------------------------------------ State State citation Title/subject effective date Explanations ------------------------------------------------------------------------ 40 CFR 52.2470(c), TABLE 1--REGULATIONS APPROVED STATEWIDE ------------------------------------------------------------------------ Washington Administrative Code, Chapter 173-476--Ambient Air Quality Standards ------------------------------------------------------------------------ 173-476-020.......... Applicability... 07/01/16 ............... 173-476-150.......... Ambient Air 07/01/16 ............... Quality Standard for Ozone. 173-476-900.......... Appendix A. 07/01/16 ............... Table of Standards. ------------------------------------------------------------------------ 40 CFR 52.2470(c), TABLE 2--ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION ------------------------------------------------------------------------ Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources ------------------------------------------------------------------------ 173-400-025.......... Adoption of 07/01/16 ............... Federal Rules. 173-400-040.......... General 07/01/16 Except: 173-400- Standards for 040(2)(c); 173- maximum 400-040(2)(d); Emissions. 173-400-040(3) ; 173-400- 040(5); 173- 400-040(7), second paragraph. 173-400-050.......... Emission 07/01/16 Except: 173-400- Standards for 050(2) and 173- Combustion and 400-050(4) Incineration through (6). Units. 173-400-060.......... Emission 07/01/16 ............... Standards for General Process Units. 173-400-070.......... Emission 07/01/16 Except: 173-400- Standards for 070(7); 173- Certain Source 400-070(8). Categories. 173-400-105.......... Records, 07/01/16 ............... Monitoring, and Reporting. 173-400-111.......... Processing 07/01/16 Except: 173-400- Notice of 111(3)(h); The Construction part of 173- Applications 400-111(8)(a)( for Sources, v) that says, Stationary``and Sources and 173-460-040,'' Portable ; 173-400- Sources. 111(9). 173-400-116.......... Increment 07/01/16 ............... Protection. 173-400-171.......... Public Notice 07/01/16 Except: The and Opportunity part of 173- for Public 400-171(3)(b) Comment. that says, ``or any increase in emissions of a toxic air pollutant above the acceptable source impact level for that toxic air pollutant as regulated under chapter 173-460 WAC''; 173-400-171(12 ). 173-400-710.......... Definitions..... 07/01/16 ............... 173-400-720.......... Prevention of 07/01/16 Except: 173-400- Significant 720(4)(a)(i Deterioration through iv) (PSD). and 173-400- 720(4)(b)(iii) (C). 173-400-730.......... Prevention of 07/01/16 ............... Significant Deterioration Application Processing Procedures. 173-400-740.......... PSD Permitting 07/01/16 ............... Public Involvement Requirements. 173-400-810.......... Major Stationary 07/01/16 ............... Source and Major Modification Definitions. 173-400-830.......... Permitting 07/01/16 ............... Requirements. 173-400-840.......... Emission Offset 07/01/16 ............... Requirements. 173-400-850.......... Actual Emissions 07/01/16 ............... Plantwide Applicability Limitation (PAL). ------------------------------------------------------------------------ 40 CFR 52.2470(c), TABLE 4--ADDITIONAL REGULATIONS APPROVED FOR BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION ------------------------------------------------------------------------ 173-400-025.......... Adoption of 07/01/16 ............... Federal Rules. 173-400-040.......... General 07/01/16 Except: 173-400- Standards for 040(2)(c); 173- Maximum 400-040(2)(d); Emissions. 173-400-040(3) ; 173-400- 040(4); 173- 400-040(5); 173-400-040(7) , second paragraph; 173- 400-040(9)(a); 173-400-040(9) (b). 173-400-050.......... Emission 07/01/16 Except: 173-400- Standards for 050(2) and 173- Combustion and 400-050(4) Incineration through (6). Units. 173-400-060.......... Emission 07/01/16 ............... Standards for General Process Units. 173-400-070.......... Emission 07/01/16 Except: Standards for 173-400-070(7); Certain Source 173-400-070(8) Categories. . 173-400-105.......... Records, 07/01/16 ............... Monitoring, and Reporting.. 173-400-111.......... Processing 07/01/16 Except: 173-400- Notice of 111(3)(h); The Construction part of 173- Applications 400-111(8)(a)( for Sources, v) that says, Stationary ``and Sources and 173-460-040,'' Portable ; Sources. 173-400-111(9). 173-400-171.......... Public Notice 07/01/16 Except: The and Opportunity part of 173- for Public 400-171(3)(b) Comment. that says, ``or any increase in emissions of a toxic air pollutant above the acceptable source impact level for that toxic air pollutant as regulated under chapter 173-460 WAC''; 173-400-171(12 ). 173-400-810.......... Major Stationary 07/01/16 ............... Source and Major Modification Definitions. 173-400-830.......... Permitting 07/01/16 ............... Requirements. 173-400-840.......... Emission Offset 07/01/16 ............... Requirements. 173-400-850.......... Actual Emissions 07/01/16 ............... Plantwide Applicability Limitation (PAL). ------------------------------------------------------------------------ [[Page 53365]] We are also proposing to approve, but not incorporate by reference, the revised version of WAC 173-400-260 Conflict of Interest, state effective July 1, 2016. Consistent with prior actions on the Washington SIP, the EPA reviews and approves state and local clean air agency submissions to ensure they provide adequate enforcement authority and other general authority to implement and enforce the SIP. However, regulations describing such agency enforcement and other general authority are typically not incorporated by reference so as to avoid potential conflict with the EPA's independent authorities. Therefore, we propose to approve, WAC 173-400-260 into the Washington SIP, but not incorporate the provision by reference. IV. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the regulations in the table in section III above. 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). 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 proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of 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 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Washington's SIP is approved to apply on non-trust land within the exterior boundaries of the Puyallup Indian Reservation, also known as the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and local agencies in Washington authority over activities on non-trust lands within the 1873 Survey Area. Consistent with EPA policy, the EPA provided a consultation opportunity to the Puyallup Tribe in a letter dated July 13, 2016. 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. Authority: 42 U.S.C. 7401 et seq. Dated: August 1, 2016. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. [FR Doc. 2016-19031 Filed 8-11-16; 8:45 am] BILLING CODE 6560-50-P
![53362 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Proposed Rules
APPENDIX B TO PART 4—NUMERICAL INDEX OF DISABILITIES—Continued
Diagnostic
Code No.
* * * * * * *
7817 ................. Erythroderma.
* * * * * * *
7821 ................. Cutaneous manifestations of collagen-vascular diseases not listed elsewhere (including scleroderma, calcinosis cutis,
subacute cutaneous lupus erythematosus, and dermatomyositis).
7822 ................. Papulosquamous disorders not listed elsewhere.
* * * * * * *
■ 5. Amend appendix C to part 4 by: elsewhere (including scleroderma, erythematosus’’, and ‘‘Erythroderma’’;
■ a. Removing the entry ‘‘Cutaneous calcinosis cutis, subacute cutaneous and
manifestations of collagen-vascular lupus erythematosus, and ■ c. Revising the entries under ‘‘Scars.’’
diseases’’ and add in its place an entry dermatomyositis)’’;
for ‘‘Cutaneous manifestations of ■ b. Adding in alphabetical order The additions and revisions read as
collagen-vascular diseases not listed entries for ‘‘Discoid lupus follows:
APPENDIX C TO PART 4—ALPHABETICAL INDEX OF DISABILITIES
Diagnostic
Code No.
* * * * * * *
Cutaneous manifestations of collagen-vascular diseases not listed elsewhere (including scleroderma, calcinosis cutis, subacute
cutaneous lupus erythematosus, and dermatomyositis) ................................................................................................................. 7821
* * * * * * *
Discoid lupus erythematosus ............................................................................................................................................................... 7809
* * * * * * *
Erythroderma ....................................................................................................................................................................................... 7817
* * * * * * *
Scars:
Burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of
the head, face, or neck ............................................................................................................................................................. 7800
Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck that are associated with underlying soft tissue
damage ..................................................................................................................................................................................... 7801
Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck that are not associated with underlying soft tis-
sue damage .............................................................................................................................................................................. 7802
Retina ........................................................................................................................................................................................... 6011
Scars, other; and other effects of scars evaluated under diagnostic codes 7800, 7801, 7802, and 7804 ................................. 7805
Unstable or painful ....................................................................................................................................................................... 7804
* * * * * * *
[FR Doc. 2016–18695 Filed 8–11–16; 8:45 am] ACTION: Proposed rule. non-substantive edits for clarity, such as
BILLING CODE 8320–01–P standardizing the citation format.
SUMMARY: The Environmental Protection DATES: Comments must be received on
Agency (EPA) proposes to approve State or before September 12, 2016.
ENVIRONMENTAL PROTECTION Implementation Plan revisions
AGENCY submitted by the Washington State ADDRESSES: Submit your comments,
Department of Ecology (Ecology) on July identified by Docket ID No. EPA–R10–
40 CFR Part 52 11, 2016. The revisions update the OAR–2016–0394 at http://
incorporation by reference of Federal www.regulations.gov. Follow the online
[EPA–R10–OAR–2016–0394, FRL–9950–55– instructions for submitting comments.
Region 10] provisions cited in Ecology’s general air
Once submitted, comments cannot be
ehiers on DSK5VPTVN1PROD with PROPOSALS
quality regulations. The revisions also
Approval and Promulgation of edited or removed from Regulations.gov.
reflect changes to the primary and
Implementation Plans; Washington: The EPA may publish any comment
secondary National Ambient Air Quality
Updates to Incorporation by Reference received to its public docket. Do not
Standards (NAAQS) for ozone,
and Miscellaneous Revisions submit electronically any information
promulgated since Ecology’s last you consider to be Confidential
AGENCY: Environmental Protection update. Ecology also made minor Business Information (CBI) or other
Agency (EPA). corrections to typographical errors and information whose disclosure is
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![Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Proposed Rules 53365
We are also proposing to approve, but under the Regulatory Flexibility Act (5 Authority: 42 U.S.C. 7401 et seq.
not incorporate by reference, the revised U.S.C. 601 et seq.); Dated: August 1, 2016.
version of WAC 173–400–260 Conflict • Does not contain any unfunded Michelle L. Pirzadeh,
of Interest, state effective July 1, 2016. mandate or significantly or uniquely Acting Regional Administrator, Region 10.
Consistent with prior actions on the affect small governments, as described
[FR Doc. 2016–19031 Filed 8–11–16; 8:45 am]
Washington SIP, the EPA reviews and in the Unfunded Mandates Reform Act
BILLING CODE 6560–50–P
approves state and local clean air of 1995 (Pub. L. 104–4);
agency submissions to ensure they • Does not have Federalism
provide adequate enforcement authority implications as specified in Executive
ENVIRONMENTAL PROTECTION
and other general authority to Order 13132 (64 FR 43255, August 10,
AGENCY
implement and enforce the SIP. 1999);
However, regulations describing such • Is not an economically significant 40 CFR Part 52
agency enforcement and other general regulatory action based on health or
safety risks subject to Executive Order [EPA–R08–OAR–2016–0366; FRL–9950–36–
authority are typically not incorporated Region 8]
by reference so as to avoid potential 13045 (62 FR 19885, April 23, 1997);
conflict with the EPA’s independent • Is not a significant regulatory action
subject to Executive Order 13211 (66 FR Approval and Promulgation of State
authorities. Therefore, we propose to Implementation Plan Revisions to
approve, WAC 173–400–260 into the 28355, May 22, 2001);
• Is not subject to requirements of Primary Air Quality Standards, Minor
Washington SIP, but not incorporate the Source Baseline Date, Incorporation by
provision by reference. Section 12(d) of the National
Technology Transfer and Advancement Reference, and 2008 Ozone NAAQS
IV. Incorporation by Reference Act of 1995 (15 U.S.C. 272 note) because Infrastructure Requirements for CAA
application of those requirements would Section 110(a)(2)(C) and (D)(i)(II);
In this rule, the EPA is proposing to Wyoming
include in a final EPA rule regulatory be inconsistent with the Clean Air Act;
text that includes incorporation by and AGENCY: Environmental Protection
• Does not provide the EPA with the Agency (EPA).
reference. In accordance with
discretionary authority to address, as ACTION: Proposed rule.
requirements of 1 CFR 51.5, the EPA is
appropriate, disproportionate human
proposing to incorporate by reference SUMMARY: The Environmental Protection
health or environmental effects, using
the regulations in the table in section III Agency (EPA) is proposing to approve
practicable and legally permissible
above. The EPA has made, and will State Implementation Plan (SIP)
methods, under Executive Order 12898
continue to make, these materials revisions submitted by the State of
(59 FR 7629, February 16, 1994).
generally available through The SIP is not approved to apply on Wyoming on May 28, 2015 and
www.regulations.gov and/or at the EPA any Indian reservation land in November 6, 2015. The amendments
Region 10 Office (please contact the Washington except as specifically noted update the version of the Code of
person identified in the FOR FURTHER below and is also not approved to apply Federal Regulations (CFR) incorporated
INFORMATION CONTACT section of this by reference into the rules of the State
in any other area where the EPA or an
preamble for more information). Indian tribe has demonstrated that a of Wyoming for Chapter 2, Section 12;
V. Statutory and Executive Order tribe has jurisdiction. In those areas of Chapter 3, General Emission Standards,
Reviews Indian country, the rule does not have Section 9; and Chapter 6, Prevention of
tribal implications and will not impose Significant Deterioration, Section 4. The
Under the Clean Air Act, the substantial direct costs on tribal May 28, 2015 submittal updates a
Administrator is required to approve a governments or preempt tribal law as citation to a Federal Register article
SIP submission that complies with the specified by Executive Order 13175 (65 (i.e., Federal Register notice) under the
provisions of the Act and applicable FR 67249, November 9, 2000). definition of ‘‘tpy CO2 equivalent
Federal regulations. 42 U.S.C. 7410(k); Washington’s SIP is approved to apply emissions (CO2e),’’ and lists a new
40 CFR 52.02(a). Thus, in reviewing SIP on non-trust land within the exterior minor source baseline date for fine
submissions, the EPA’s role is to boundaries of the Puyallup Indian particulate. The State also proposes to
approve state choices, provided that Reservation, also known as the 1873 update the primary air quality standards
they meet the criteria of the Clean Air Survey Area. Under the Puyallup Tribe for particulate matter (PM2.5) to reflect
Act. Accordingly, this proposed action of Indians Settlement Act of 1989, 25 federal updates that went into effect in
merely approves state law as meeting U.S.C. 1773, Congress explicitly January 2013. The updated primary
Federal requirements and does not provided state and local agencies in PM2.5 standard is 12 micrograms per
impose additional requirements beyond Washington authority over activities on cubic meter (mg/m3) annual arithmetic
those imposed by state law. For that non-trust lands within the 1873 Survey mean concentration, which is lowered
reason, this proposed action: Area. Consistent with EPA policy, the from its previous level of 15 mg/m3. The
• Is not a ‘‘significant regulatory EPA provided a consultation EPA is also proposing approval of
action’’ subject to review by the Office opportunity to the Puyallup Tribe in a portions of the State’s February 6, 2014
of Management and Budget under letter dated July 13, 2016. 2008 ozone National Ambient Air
Executive Orders 12866 (58 FR 51735, Quality Standards (NAAQS)
October 4, 1993) and 13563 (76 FR 3821, List of Subjects in 40 CFR Part 52 infrastructure certification regarding
January 21, 2011); Environmental protection, Air prevention of significant deterioration
ehiers on DSK5VPTVN1PROD with PROPOSALS
• Does not impose an information pollution control, Carbon monoxide, (PSD) and the good neighbor provision.
collection burden under the provisions Incorporation by reference, The EPA is not taking action on the
of the Paperwork Reduction Act (44 Intergovernmental relations, Lead, Chapter 6, Permitting Requirements,
U.S.C. 3501 et seq.); Nitrogen dioxide, Ozone, Particulate Section 14 portion of the May 24, 2012
• Is certified as not having a matter, Reporting and recordkeeping submittal because it has been
significant economic impact on a requirements, Sulfur oxides, Volatile superseded by a November 6, 2015
substantial number of small entities organic compounds. submittal (81 FR 35271). The EPA is not
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Document Created: 2018-02-09 11:33:18
Document Modified: 2018-02-09 11:33:18
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before September 12, 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 53362 | |
| 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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