81_FR_9831 81 FR 9793 - Approval and Promulgation of Implementation Plans; Spokane, Washington: Second 10-Year PM10

81 FR 9793 - Approval and Promulgation of Implementation Plans; Spokane, Washington: Second 10-Year PM10

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 38 (February 26, 2016)

Page Range9793-9797
FR Document2016-04081

The Environmental Protection Agency (EPA) is proposing to approve 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 (PM<INF>10</INF>). A limited maintenance plan is used to meet Clean Air Act requirements for formerly designated nonattainment areas that meet certain qualification criteria. The EPA is proposing to determine Washington's submittal meets the limited maintenance plan criteria. The Spokane area currently has monitored PM<INF>10</INF> 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 proposing to approve minor updates to the Spokane Regional Clean Air Agency (SRCAA) regulations controlling PM<INF>10</INF> related to the maintenance plan.

Federal Register, Volume 81 Issue 38 (Friday, February 26, 2016)
[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Proposed Rules]
[Pages 9793-9797]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04081]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0003; FRL-9942-85-Region 10]


Approval and Promulgation of Implementation Plans; Spokane, 
Washington: Second 10-Year PM10 Limited Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 is proposing to determine 
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 proposing to approve minor updates to the Spokane Regional 
Clean Air Agency (SRCAA) regulations controlling PM10 
related to the maintenance plan.

DATES: Comments must be received on or before March 28, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2016-0003 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 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 at (206) 553-0256, 
[email protected].

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. The Limited Maintenance Plan Option for PM10 Areas
    A. Requirements for the Limited Maintenance Plan Option
    B. Conformity Under the Limited Maintenance Plan Option
III. Review of the State's Submittal
    A. Has the State demonstrated that the maintenance area 
qualifies for the limited maintenance plan option?
    B. Does the State have an approved attainment emissions 
inventory?
    C. Does the limited maintenance plan include an assurance of 
continued operation of an appropriate EPA-approved air quality 
monitoring network, in accordance with 40 CFR part 58?
    D. Does the plan meet the Clean Air Act requirements for 
contingency provisions?
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    The Spokane area was designated as nonattainment for 
PM10 by operation of law upon enactment of the Clean Air Act 
Amendments in 1990 (56 FR 56694, November 6, 1991). The Washington 
Department of Ecology (Ecology) and SRCAA worked with the community to 
establish PM10 pollution control

[[Page 9794]]

strategies. Primary control strategies include a residential wood smoke 
control program, paving unpaved streets, requirements for improved 
sweeping and sanding practices on paved roads, and regulatory orders at 
the Kaiser Aluminum and Chemical Corporation Trentwood facility for 
PM10. The Spokane area attained the PM10 NAAQS in 
1994, with continued attainment ever since.
    The EPA partially approved the PM10 attainment plan for 
the Spokane area on January 27, 1997 (62 FR 3800). The EPA then 
approved the remaining attainment plan elements and a 10-year 
maintenance plan, redesignating the area from nonattainment to 
attainment effective August 30, 2005 (70 FR 38029, published July 1, 
2005). The purpose of the current limited maintenance plan is to 
fulfill the second 10-year planning requirement, section 175A(b) of the 
Clean Air Act, to ensure compliance through 2025.

II. The Limited Maintenance Plan Option for PM10 Areas

A. Requirements for the Limited Maintenance Plan Option

    On August 9, 2001, the EPA issued guidance on streamlined 
maintenance plan provisions for certain moderate PM10 
nonattainment areas. See memo from Lydia Wegman, Director, Air Quality 
Standards and Strategies Division, entitled ``Limited Maintenance Plan 
Option for Moderate PM10 Nonattainment Areas'' (limited 
maintenance plan option memo). The limited maintenance plan option memo 
contains a statistical demonstration that areas meeting certain air 
quality criteria will, with a high degree of probability, maintain the 
standard ten years into the future. Thus, the EPA provided the 
maintenance demonstration for areas meeting the criteria outlined in 
the memo. It follows that future year emission inventories for these 
areas, and some of the standard analyses to determine transportation 
conformity with the State Implementation Plan (SIP) are no longer 
necessary.
    To qualify for the limited maintenance plan option the State must 
demonstrate the area meets the criteria described below. First, the 
area should have attained the PM10 NAAQS. Second, the most 
recent five years of air quality data at all monitors in the area, 
called the 24-hour average design value, should be at or below 98 
micrograms per cubic meter ([mu]g/m\3\). Third, the State should expect 
only limited growth in on-road motor vehicle PM10 emissions 
and should have passed a motor vehicle regional emissions analysis 
test. Lastly, the memo identifies core provisions that must be included 
in all limited maintenance plans. These provisions include an 
attainment year emissions inventory, assurance of continued operation 
of an EPA-approved air quality monitoring network, and contingency 
provisions.

B. Conformity Under the Limited Maintenance Plan Option

    The transportation conformity rule and the general conformity rule 
(40 CFR parts 51 and 93) apply to nonattainment areas and maintenance 
areas covered by an approved maintenance plan. Under either conformity 
rule, an acceptable method of demonstrating a Federal action conforms 
to the applicable SIP is to demonstrate that expected emissions from 
the planned action are consistent with the emissions budget for the 
area.
    While qualification for the limited maintenance plan option does 
not exempt an area from the need to affirm conformity, conformity may 
be demonstrated without submitting an emissions budget. Under the 
limited maintenance plan option, emissions budgets are treated as 
essentially not constraining for the length of the maintenance period 
because it is unreasonable to expect that the qualifying areas would 
experience so much growth in that period that a violation of the 
PM10 NAAQS would result. For transportation conformity 
purposes, the EPA would conclude that emissions in these areas need not 
be capped for the maintenance period and therefore a regional emissions 
analysis would not be required. Similarly, Federal actions subject to 
the general conformity rule could be considered to satisfy the ``budget 
test'' specified in 40 CFR 93.158 (a)(5)(i)(A) for the same reasons 
that the budgets are essentially considered to be unlimited.
    Under the limited maintenance plan option, emissions budgets are 
treated as essentially not constraining for the maintenance period 
because it is unreasonable to expect that qualifying areas would 
experience so much growth in that period that a NAAQS violation would 
result. While areas with maintenance plans approved under the limited 
maintenance plan option are not subject to the budget test, the areas 
remain subject to the other transportation conformity requirements of 
40 CFR part 93, subpart A. Thus, the metropolitan planning organization 
(MPO) in the area or the State must document and ensure that:
     Transportation plans and projects provide for timely 
implementation of SIP transportation control measures (TCMs) in 
accordance with 40 CFR 93.113;
     Transportation plans and projects comply with the fiscal 
constraint element as set forth in 40 CFR 93.108;
     The MPO's interagency consultation procedures meet the 
applicable requirements of 40 CFR 93.105;
     Conformity of transportation plans is determined no less 
frequently than every four years, and conformity of plan amendments and 
transportation projects is demonstrated in accordance with the timing 
requirements specified in 40 CFR 93.104;
     The latest planning assumptions and emissions model are 
used as set forth in 40 CFR 93.110 and 40 CFR 93.111;
     Projects do not cause or contribute to any new localized 
carbon monoxide or particulate matter violations, in accordance with 
procedures specified in 40 CFR 93.123; and
     Project sponsors and/or operators provide written 
commitments as specified in 40 CFR 93.125.
    In approving the 2nd 10-year limited maintenance plan, the Spokane 
maintenance area will continue to be exempt from performing a regional 
emissions analysis, but must meet project-level conformity analyses as 
well as the transportation conformity criteria mentioned above.

III. Review of the State's Submittal

A. Has the State demonstrated that the maintenance areas qualify for 
the limited maintenance plan option?

    As discussed above, the limited maintenance plan option memo 
outlines the requirements to be met for an area to qualify. First, the 
area should be attaining the PM10 NAAQS. Under 40 CFR 50.6, 
the primary and secondary PM10 NAAQS are attained when the 
expected number of days per calendar year with a 24-hour average 
concentration above 150 [mu]g/m\3\ is equal to or less than one. The 
EPA determined that the Spokane area attained the PM10 NAAQS 
and formally redesignated the area from nonattainment to attainment, 
beginning the first 10-year maintenance period effective August 30, 
2005 (70 FR 38029, published July 1, 2005). We have evaluated the most 
recent monitoring data that shows that the Spokane area continues to 
attain the PM10 NAAQS with the number of annual exceedances 
equal to 0.3 for the period 2012 through 2014, well below the 1.0 
threshold for meeting the NAAQS.\1\
---------------------------------------------------------------------------

    \1\ The data evaluated includes a 2013 flagged exceptional event 
that has not been fully evaluated by the EPA to date. If this 
flagged data were factored into the analysis, the calculated number 
of annual exceedances would drop to 0.0.

---------------------------------------------------------------------------

[[Page 9795]]

    Second, the average design value for the past five years of 
monitoring data must be at or below the critical design value of 98 
[mu]g/m\3\ for the PM10 NAAQS. The critical design value is 
a margin of safety in which an area has a one in ten probability of 
exceeding the NAAQS. The 5-year average design value for Spokane based 
on PM10 monitoring data from 2009 through 2014 is 80 [mu]g/
m\3\. The EPA reviewed the data and methodology provided by the State 
and finds that the Spokane area 5-year average design value is below 
the critical design value of 98 [mu]g/m\3\ outlined in the limited 
maintenance plan option memo and therefore, meets the requirement for 
the limited maintenance plan option.
    Third, the area must meet the motor vehicle regional emissions 
analysis test described in the limited maintenance plan option memo. 
The State submitted an analysis showing that growth in on-road mobile 
PM10 emissions sources was minimal and would not threaten 
the assumption of maintenance that underlies the limited maintenance 
plan policy. Using the EPA's methodology, the State calculated total 
growth in on-road motor vehicle PM10 emissions over the ten-
year period for the Spokane area. This calculation is derived using 
Attachment B of the EPA's limited maintenance plan memo, where the 
projected percentage increase in vehicle miles traveled over the next 
ten years (VMTpi) is multiplied by the on-road mobile 
portion of the attainment year inventory (DVmv), including 
both primary and secondary PM10 emissions and re-entrained 
road dust. The EPA reviewed the calculations in the State's limited 
maintenance plan submittal and concurs with the determination that the 
area meets the motor vehicle regional emissions analysis test. This 
test is met when (VMTpi x DVmv) plus the design 
value for the most recent five years of quality assured data is below 
the limited maintenance plan threshold of 98 [mu]g/m\3\. The result for 
Spokane is 82 [mu]g/m\3\.
    As described above, the Spokane maintenance area meets the 
qualification criteria set forth in the limited maintenance plan option 
memo. To ensure these requirements continue to be met, the State has 
committed to evaluate monitoring data annually to ensure the area 
continues to qualify for the limited maintenance plan option. The State 
will report this information to the EPA in the annual monitoring 
network report.

B. Does the State have an approved attainment emissions inventory?

    Pursuant to the limited maintenance plan option memo, the State's 
submission should include an emissions inventory which can be used to 
demonstrate attainment of the relevant NAAQS. The inventory should 
represent emissions during the same five-year period associated with 
air quality data used to determine whether the area meets the 
applicability requirements of the limited maintenance plan option.
    The limited maintenance plan submittal includes an emissions 
inventory based on the State's 2011 Triennial Emissions Inventory. This 
inventory is prepared as part of the 2011 National Emissions Inventory 
under the EPA's Air Emissions Reporting Rule (73 FR 76539, December 17, 
2008). The information was supplemented with annual 2011 industrial 
emissions reported to SRCAA and Ecology. The 2011 base years represent 
the most recent emissions inventory data available and is consistent 
with the data used to determine applicability of the limited 
maintenance plan option (i.e., having no violations of the 
PM10 NAAQS). The most significant emission source categories 
for the Spokane area are residential wood combustion and dust from 
paved and unpaved roads. The 2011 emission inventory results compare 
favorably to the 2002 emission inventory submitted with the first 10-
year limited maintenance plan. Particulate matter from residential wood 
combustion has declined by almost one half. These emission were 2,052 
tons per year (tpy) in 2002 versus 1,062 tpy in 2011. Particulate 
matter from unpaved roads declined from 5,855 tpy in 2002 to 623 tpy in 
2011. The only significant source category from the 2002 emission 
inventory to increase was particulate matter from paved roads, which 
increased from 325 tpy in 2002 to 623 tpy in 2011. Emissions from point 
sources remained relatively stable at 147 tpy in 2002 and 160 tpy in 
2011. The EPA reviewed and is proposing to approve the emissions 
inventory and methodology. The emissions inventory data supports the 
State's conclusion that the existing control measures in place will 
continue to protect and maintain the PM10 NAAQS.

C. Does the limited maintenance plan include an assurance of continued 
operation of an appropriate EPA-approved air quality monitoring 
network, in accordance with 40 CFR Part 58?

    The limited maintenance plan memo states, ``[t]o verify the 
attainment status of the area over the maintenance period, the 
maintenance plan should contain a provision to assure continued 
operation of an appropriate, EPA-approved air quality monitoring 
network, in accordance with 40 CFR part 58.'' SRCAA currently operates 
a Federal Equivalent Method (FEM) Tapered Element Oscillating 
Microbalance (TEOM) PM10 monitor. SRCAA commits to 
maintaining a PM10 NAAQS compliance monitor through the 
limited maintenance plan period to verify the attainment status of the 
area, confirm continued qualification for the limited maintenance plan 
option, and to provide a means for triggering contingency measures if 
needed. The EPA last approved the State's monitoring network in a 
letter dated October 28, 2015, included in the docket for this action. 
Table 1 shows 98th percentile PM10 monitored values at the 
site to provide a sense of trends since the area came into attainment 
in 2005.

                 Table 1--98th Percentile PM10 Trends in Micrograms per Cubic Meter [[mu]g/m\3\]
----------------------------------------------------------------------------------------------------------------
   2005        2006        2007        2008        2009       2010       2011       2012       2013       2014
----------------------------------------------------------------------------------------------------------------
      89          72          61          65          48         43         43         67         49         60
----------------------------------------------------------------------------------------------------------------


[[Page 9796]]

D. Does the plan meet the Clean Air Act requirements for contingency 
provisions?

    Clean Air Act section 175A states that a maintenance plan must 
include contingency provisions, as necessary, to ensure prompt 
correction of any violation of the relevant NAAQS which may occur after 
redesignation of the area to attainment. SRCAA Regulation 1 Section 
6.15.G contains additional requirements for road paving should the EPA 
find that the Spokane area has violated the PM10 NAAQS. The 
EPA approved this provisions into the SIP on April 12, 1999 (64 FR 
17545). Similarly, Regulation 1 Sections 8.07.A.5 and 8.09 provide for 
prohibition of the use of uncertified woodstoves for the sole purpose 
of meeting Clean Air Act requirements for contingency measures, which 
the EPA approved into the SIP on January 27, 1997 (62 FR 3800). These 
contingency provisions remain in effect today.

IV. Proposed Action

    The EPA is proposing to approve the limited maintenance plan 
submitted by the State of Washington, on January 4, 2016, for the 
Spokane PM10 area. If finalized, the EPA's approval of this 
limited maintenance plan will satisfy the section 175A Clean Air Act 
requirements for the second 10-year period in the Spokane 
PM10 area. Additionally, Ecology and SRCAA requested that 
the EPA update the Washington SIP to include minor regulatory changes 
associated with the limited maintenance plan adopted in 2004 and 2007, 
since the EPA's last approval (64 FR 17545, April 12, 1999). 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. In a prior approval on 
January 27, 1997, the EPA inadvertently approved SRCAA section 6.05(A) 
which is a nuisance provision addressing the deposition of particulate 
and not related to attainment or maintenance of the NAAQS (62 FR 3800). 
Ecology and SRCAA requested, and the EPA proposes to approve, 
correcting the SIP to remove this nuisance provision. A full copy of 
the regulatory changes, in redline/strikeout format, is included in 
Appendix D of the State submittal. The EPA reviewed these changes and 
is proposing to approve and incorporate by reference the updated 
versions of SRCAA Regulation I, sections 6.05, 6.14, and 6.15, shown in 
the table below.

   Spokane Regional Clean Air Agency (SRCAA) Regulations for Proposed Approval and Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
                                                                          State/Local
         State/Local citation                    Title/Subject          effective date         Explanation
----------------------------------------------------------------------------------------------------------------
                                                  Regulation I
----------------------------------------------------------------------------------------------------------------
6.05..................................  Particulate Matter and                04/10/04  Except 6.05(A).
                                         Preventing Particulate Matter
                                         from Becoming Airborne.
6.14..................................  Standards for Control of              06/03/07
                                         Particulate Matter on Paved
                                         Surfaces.
6.15..................................  Standards for Control of              06/03/07
                                         Particulate Matter on Unpaved
                                         Roads.
----------------------------------------------------------------------------------------------------------------

V. Incorporation by Reference

    In accordance with requirements of 1 CFR 51.5, the EPA is proposing 
to revise our incorporation by reference of 40 CFR 52.2470(c)--Table 9 
``Additional Regulations Approved for the Spokane Regional Clean Air 
Agency (SRCAA) Jurisdiction'' to reflect the regulations shown in the 
Proposed Action section. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to the 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 proposed 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

[[Page 9797]]

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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: February 12, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2016-04081 Filed 2-25-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules                                             9793

                                               AD, modify the airplane by installing                   citationpubs@txtav.com; Internet: https://            instructions for submitting comments.
                                               additional stiffeners on the aft canted                 support.cessna.com/custsupt/csupport/                 Once submitted, comments cannot be
                                               bulkhead, in accordance with the                        newlogin.jsp. You may view this service               edited or removed from Regulations.gov.
                                               Accomplishment Instructions of Cessna                   information at the FAA, Transport Airplane
                                                                                                                                                             The EPA may publish any comment
                                               Service Bulletin SB680–53–08, dated                     Directorate, 1601 Lind Avenue SW., Renton,
                                               September 28, 2015. Doing this modification             WA. For information on the availability of            received to its public docket. Do not
                                               terminates the repetitive inspections required          this material at the FAA, call 425–227–1221.          submit electronically any information
                                               by paragraph (g) of this AD.                                                                                  you consider to be Confidential
                                                                                                         Issued in Renton, Washington, on February
                                                  (1) For airplanes that have accumulated              18, 2016.
                                                                                                                                                             Business Information (CBI) or other
                                               7,000 or more total flight hours as of the                                                                    information whose disclosure is
                                               effective date of this AD: Within 1,800 flight          Dionne Palermo,
                                                                                                                                                             restricted by statute. Multimedia
                                               hours or 24 months, whichever occurs first,             Acting Manager, Transport Airplane
                                                                                                                                                             submissions (audio, video, etc.) must be
                                               after the effective date of this AD.                    Directorate, Aircraft Certification Service.
                                                                                                                                                             accompanied by a written comment.
                                                  (2) For airplanes that have accumulated              [FR Doc. 2016–04136 Filed 2–25–16; 8:45 am]
                                               less than 7,000 total flight hours as of the                                                                  The written comment is considered the
                                                                                                       BILLING CODE 4910–13–P                                official comment and should include
                                               effective date of this AD: Within 3,600 flight
                                               hours or 48 months, whichever occurs first,                                                                   discussion of all points you wish to
                                               after the effective date of this AD.                                                                          make. The EPA will generally not
                                                                                                       ENVIRONMENTAL PROTECTION                              consider comments or comment
                                               (j) Credit for Previous Actions                         AGENCY                                                contents located outside of the primary
                                                  This paragraph provides credit for actions                                                                 submission (i.e. on the web, cloud, or
                                               required by paragraph (g) of this AD, if those          40 CFR Part 52
                                               actions were performed before the effective
                                                                                                                                                             other file sharing system). For
                                               date of this AD using the service information           [EPA–R10–OAR–2016–0003; FRL–9942–85–                  additional submission methods, the full
                                               identified in paragraph (j)(1) or (j)(2) of this        Region 10]                                            EPA public comment policy,
                                               AD, which is not incorporated by reference                                                                    information about CBI or multimedia
                                               in this AD.                                             Approval and Promulgation of                          submissions, and general guidance on
                                                  (1) Cessna Service Letter SL680–53–05,               Implementation Plans; Spokane,                        making effective comments, please visit
                                               dated December 22, 2014.                                Washington: Second 10-Year PM10                       http://www2.epa.gov/dockets/
                                                  (2) Cessna Service Letter SL680–53–05,               Limited Maintenance Plan                              commenting-epa-dockets.
                                               Revision 1, dated March 12, 2015.
                                                                                                       AGENCY:  Environmental Protection                     FOR FURTHER INFORMATION CONTACT: Jeff
                                               (k) No Reporting Requirement                            Agency (EPA).                                         Hunt at (206) 553–0256, hunt.jeff@
                                                 Although Cessna Service Bulletin SB680–               ACTION: Proposed rule.                                epa.gov.
                                               53–08, dated September 28, 2015; and Cessna
                                                                                                                                                             SUPPLEMENTARY INFORMATION:
                                               Service Letter SL680–53–05 Revision 2,                  SUMMARY:   The Environmental Protection
                                               dated September 30, 2015; specify to submit                                                                   Throughout this document wherever
                                                                                                       Agency (EPA) is proposing to approve
                                               certain information to the manufacturer, this                                                                 ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
                                                                                                       the limited maintenance plan submitted
                                               AD does not include that requirement.                                                                         intended to refer to the EPA.
                                                                                                       on January 4, 2016, by the State of
                                               (l) Special Flight Permit                               Washington for the Spokane area, which                Table of Contents
                                                  Special flight permits, as described in              includes the cities of Spokane, Spokane               I. Background
                                               Section 21.197 and Section 21.199 of the                Valley, Millwood and surrounding                      II. The Limited Maintenance Plan Option for
                                               Federal Aviation Regulations (14 CFR 21.197             unincorporated areas in Spokane                             PM10 Areas
                                               and 21.199), are not allowed.                           County, Washington. This plan                            A. Requirements for the Limited
                                               (m) Alternative Methods of Compliance                   addresses the second 10-year                                Maintenance Plan Option
                                               (AMOCs)                                                 maintenance period for particulate                       B. Conformity Under the Limited
                                                                                                       matter with an aerodynamic diameter                         Maintenance Plan Option
                                                  (1) The Manager, Wichita ACO, ACE–                                                                         III. Review of the State’s Submittal
                                               118W, FAA, has the authority to approve                 less than or equal to a nominal 10                       A. Has the State demonstrated that the
                                               AMOCs for this AD, if requested using the               micrometers (PM10). A limited                               maintenance area qualifies for the
                                               procedures found in 14 CFR 39.19. In                    maintenance plan is used to meet Clean                      limited maintenance plan option?
                                               accordance with 14 CFR 39.19, send your                 Air Act requirements for formerly                        B. Does the State have an approved
                                               request to your principal inspector or local            designated nonattainment areas that                         attainment emissions inventory?
                                               Flight Standards District Office, as                    meet certain qualification criteria. The                 C. Does the limited maintenance plan
                                               appropriate. If sending information directly                                                                        include an assurance of continued
                                               to the manager of the ACO, send it to the
                                                                                                       EPA is proposing to determine
                                                                                                                                                                   operation of an appropriate EPA-
                                               attention of the person identified in                   Washington’s submittal meets the                            approved air quality monitoring
                                               paragraph (n)(1) of this AD.                            limited maintenance plan criteria. The                      network, in accordance with 40 CFR part
                                                  (2) Before using any approved AMOC,                  Spokane area currently has monitored                        58?
                                               notify your appropriate principal inspector,            PM10 levels well below the National                      D. Does the plan meet the Clean Air Act
                                               or lacking a principal inspector, the manager           Ambient Air Quality Standards                               requirements for contingency
                                               of the local flight standards district office/          (NAAQS) and levels have not increased                       provisions?
                                               certificate holding district office.                    since the area was redesignated to                    IV. Proposed Action
                                                                                                                                                             V. Incorporation by Reference
                                               (n) Related Information                                 attainment in 2005. The EPA is also                   VI. Statutory and Executive Order Reviews
                                                 (1) For more information about this AD,               proposing to approve minor updates to
                                               contact Paul Kalowski, Aerospace Engineer,              the Spokane Regional Clean Air Agency                 I. Background
                                               Airframe Branch, ACE–118W, FAA, Wichita                 (SRCAA) regulations controlling PM10
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                                                                                                                                                                The Spokane area was designated as
                                               ACO, 1801 Airport Road, Room 100, Dwight                related to the maintenance plan.                      nonattainment for PM10 by operation of
                                               D. Eisenhower Airport, Wichita, KS 67209;               DATES: Comments must be received on                   law upon enactment of the Clean Air
                                               phone: 316–946–4186; fax: 316–946–4107;
                                                                                                       or before March 28, 2016.                             Act Amendments in 1990 (56 FR 56694,
                                               email: paul.kalowski@faa.gov.
                                                 (2) For service information identified in             ADDRESSES: Submit your comments,                      November 6, 1991). The Washington
                                               this AD, contact Textron Aviation Inc., P.O.            identified by Docket ID No. EPA–R10–                  Department of Ecology (Ecology) and
                                               Box 7706, Wichita, KS 67277; telephone:                 OAR–2016–0003 at http://                              SRCAA worked with the community to
                                               316–517–6215; fax: 316–517–5802; email:                 www.regulations.gov. Follow the online                establish PM10 pollution control


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                                               9794                    Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules

                                               strategies. Primary control strategies                  the memo identifies core provisions that              (TCMs) in accordance with 40 CFR
                                               include a residential wood smoke                        must be included in all limited                       93.113;
                                               control program, paving unpaved                         maintenance plans. These provisions                      • Transportation plans and projects
                                               streets, requirements for improved                      include an attainment year emissions                  comply with the fiscal constraint
                                               sweeping and sanding practices on                       inventory, assurance of continued                     element as set forth in 40 CFR 93.108;
                                               paved roads, and regulatory orders at                   operation of an EPA-approved air                         • The MPO’s interagency
                                               the Kaiser Aluminum and Chemical                        quality monitoring network, and                       consultation procedures meet the
                                               Corporation Trentwood facility for                      contingency provisions.                               applicable requirements of 40 CFR
                                               PM10. The Spokane area attained the                                                                           93.105;
                                               PM10 NAAQS in 1994, with continued
                                                                                                       B. Conformity Under the Limited                          • Conformity of transportation plans
                                                                                                       Maintenance Plan Option                               is determined no less frequently than
                                               attainment ever since.
                                                  The EPA partially approved the PM10                     The transportation conformity rule                 every four years, and conformity of plan
                                               attainment plan for the Spokane area on                 and the general conformity rule (40 CFR               amendments and transportation projects
                                               January 27, 1997 (62 FR 3800). The EPA                  parts 51 and 93) apply to nonattainment               is demonstrated in accordance with the
                                               then approved the remaining attainment                  areas and maintenance areas covered by                timing requirements specified in 40 CFR
                                               plan elements and a 10-year                             an approved maintenance plan. Under                   93.104;
                                               maintenance plan, redesignating the                     either conformity rule, an acceptable                    • The latest planning assumptions
                                               area from nonattainment to attainment                   method of demonstrating a Federal                     and emissions model are used as set
                                               effective August 30, 2005 (70 FR 38029,                 action conforms to the applicable SIP is              forth in 40 CFR 93.110 and 40 CFR
                                               published July 1, 2005). The purpose of                 to demonstrate that expected emissions                93.111;
                                               the current limited maintenance plan is                 from the planned action are consistent                   • Projects do not cause or contribute
                                               to fulfill the second 10-year planning                  with the emissions budget for the area.               to any new localized carbon monoxide
                                               requirement, section 175A(b) of the                                                                           or particulate matter violations, in
                                                                                                          While qualification for the limited
                                               Clean Air Act, to ensure compliance                                                                           accordance with procedures specified in
                                                                                                       maintenance plan option does not
                                               through 2025.                                                                                                 40 CFR 93.123; and
                                                                                                       exempt an area from the need to affirm                   • Project sponsors and/or operators
                                               II. The Limited Maintenance Plan                        conformity, conformity may be                         provide written commitments as
                                               Option for PM10 Areas                                   demonstrated without submitting an                    specified in 40 CFR 93.125.
                                                                                                       emissions budget. Under the limited                      In approving the 2nd 10-year limited
                                               A. Requirements for the Limited                         maintenance plan option, emissions                    maintenance plan, the Spokane
                                               Maintenance Plan Option                                 budgets are treated as essentially not                maintenance area will continue to be
                                                  On August 9, 2001, the EPA issued                    constraining for the length of the                    exempt from performing a regional
                                               guidance on streamlined maintenance                     maintenance period because it is                      emissions analysis, but must meet
                                               plan provisions for certain moderate                    unreasonable to expect that the                       project-level conformity analyses as
                                               PM10 nonattainment areas. See memo                      qualifying areas would experience so                  well as the transportation conformity
                                               from Lydia Wegman, Director, Air                        much growth in that period that a                     criteria mentioned above.
                                               Quality Standards and Strategies                        violation of the PM10 NAAQS would
                                               Division, entitled ‘‘Limited Maintenance                result. For transportation conformity                 III. Review of the State’s Submittal
                                               Plan Option for Moderate PM10                           purposes, the EPA would conclude that                 A. Has the State demonstrated that the
                                               Nonattainment Areas’’ (limited                          emissions in these areas need not be                  maintenance areas qualify for the
                                               maintenance plan option memo). The                      capped for the maintenance period and                 limited maintenance plan option?
                                               limited maintenance plan option memo                    therefore a regional emissions analysis
                                                                                                       would not be required. Similarly,                        As discussed above, the limited
                                               contains a statistical demonstration that                                                                     maintenance plan option memo outlines
                                               areas meeting certain air quality criteria              Federal actions subject to the general
                                                                                                       conformity rule could be considered to                the requirements to be met for an area
                                               will, with a high degree of probability,                                                                      to qualify. First, the area should be
                                               maintain the standard ten years into the                satisfy the ‘‘budget test’’ specified in 40
                                                                                                       CFR 93.158 (a)(5)(i)(A) for the same                  attaining the PM10 NAAQS. Under 40
                                               future. Thus, the EPA provided the                                                                            CFR 50.6, the primary and secondary
                                               maintenance demonstration for areas                     reasons that the budgets are essentially
                                                                                                       considered to be unlimited.                           PM10 NAAQS are attained when the
                                               meeting the criteria outlined in the                                                                          expected number of days per calendar
                                               memo. It follows that future year                          Under the limited maintenance plan
                                                                                                       option, emissions budgets are treated as              year with a 24-hour average
                                               emission inventories for these areas, and                                                                     concentration above 150 mg/m3 is equal
                                               some of the standard analyses to                        essentially not constraining for the
                                                                                                       maintenance period because it is                      to or less than one. The EPA determined
                                               determine transportation conformity                                                                           that the Spokane area attained the PM10
                                               with the State Implementation Plan                      unreasonable to expect that qualifying
                                                                                                       areas would experience so much growth                 NAAQS and formally redesignated the
                                               (SIP) are no longer necessary.                                                                                area from nonattainment to attainment,
                                                  To qualify for the limited                           in that period that a NAAQS violation
                                                                                                       would result. While areas with                        beginning the first 10-year maintenance
                                               maintenance plan option the State must
                                                                                                       maintenance plans approved under the                  period effective August 30, 2005 (70 FR
                                               demonstrate the area meets the criteria
                                                                                                       limited maintenance plan option are not               38029, published July 1, 2005). We have
                                               described below. First, the area should
                                                                                                       subject to the budget test, the areas                 evaluated the most recent monitoring
                                               have attained the PM10 NAAQS.
                                                                                                       remain subject to the other                           data that shows that the Spokane area
                                               Second, the most recent five years of air
                                                                                                                                                             continues to attain the PM10 NAAQS
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                                               quality data at all monitors in the area,               transportation conformity requirements
                                                                                                       of 40 CFR part 93, subpart A. Thus, the               with the number of annual exceedances
                                               called the 24-hour average design value,
                                                                                                       metropolitan planning organization                    equal to 0.3 for the period 2012 through
                                               should be at or below 98 micrograms
                                                                                                       (MPO) in the area or the State must                   2014, well below the 1.0 threshold for
                                               per cubic meter (mg/m3). Third, the State
                                                                                                       document and ensure that:                             meeting the NAAQS.1
                                               should expect only limited growth in
                                               on-road motor vehicle PM10 emissions                       • Transportation plans and projects                  1 The data evaluated includes a 2013 flagged
                                               and should have passed a motor vehicle                  provide for timely implementation of                  exceptional event that has not been fully evaluated
                                               regional emissions analysis test. Lastly,               SIP transportation control measures                   by the EPA to date. If this flagged data were factored



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                                                                       Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules                                              9795

                                                  Second, the average design value for                 qualification criteria set forth in the                 in 2011. Particulate matter from
                                               the past five years of monitoring data                  limited maintenance plan option memo.                   unpaved roads declined from 5,855 tpy
                                               must be at or below the critical design                 To ensure these requirements continue                   in 2002 to 623 tpy in 2011. The only
                                               value of 98 mg/m3 for the PM10 NAAQS.                   to be met, the State has committed to                   significant source category from the
                                               The critical design value is a margin of                evaluate monitoring data annually to                    2002 emission inventory to increase was
                                               safety in which an area has a one in ten                ensure the area continues to qualify for                particulate matter from paved roads,
                                               probability of exceeding the NAAQS.                     the limited maintenance plan option.                    which increased from 325 tpy in 2002
                                               The 5-year average design value for                     The State will report this information to               to 623 tpy in 2011. Emissions from
                                               Spokane based on PM10 monitoring data                   the EPA in the annual monitoring                        point sources remained relatively stable
                                               from 2009 through 2014 is 80 mg/m3.                     network report.                                         at 147 tpy in 2002 and 160 tpy in 2011.
                                               The EPA reviewed the data and                                                                                   The EPA reviewed and is proposing to
                                                                                                       B. Does the State have an approved
                                               methodology provided by the State and                                                                           approve the emissions inventory and
                                                                                                       attainment emissions inventory?
                                               finds that the Spokane area 5-year                                                                              methodology. The emissions inventory
                                               average design value is below the                          Pursuant to the limited maintenance
                                                                                                       plan option memo, the State’s                           data supports the State’s conclusion that
                                               critical design value of 98 mg/m3
                                                                                                       submission should include an emissions                  the existing control measures in place
                                               outlined in the limited maintenance
                                                                                                       inventory which can be used to                          will continue to protect and maintain
                                               plan option memo and therefore, meets
                                               the requirement for the limited                         demonstrate attainment of the relevant                  the PM10 NAAQS.
                                               maintenance plan option.                                NAAQS. The inventory should                             C. Does the limited maintenance plan
                                                  Third, the area must meet the motor                  represent emissions during the same                     include an assurance of continued
                                               vehicle regional emissions analysis test                five-year period associated with air                    operation of an appropriate EPA-
                                               described in the limited maintenance                    quality data used to determine whether                  approved air quality monitoring
                                               plan option memo. The State submitted                   the area meets the applicability                        network, in accordance with 40 CFR
                                               an analysis showing that growth in on-                  requirements of the limited
                                                                                                                                                               Part 58?
                                               road mobile PM10 emissions sources                      maintenance plan option.
                                               was minimal and would not threaten                         The limited maintenance plan                            The limited maintenance plan memo
                                               the assumption of maintenance that                      submittal includes an emissions                         states, ‘‘[t]o verify the attainment status
                                               underlies the limited maintenance plan                  inventory based on the State’s 2011                     of the area over the maintenance period,
                                               policy. Using the EPA’s methodology,                    Triennial Emissions Inventory. This                     the maintenance plan should contain a
                                               the State calculated total growth in on-                inventory is prepared as part of the 2011               provision to assure continued operation
                                               road motor vehicle PM10 emissions over                  National Emissions Inventory under the                  of an appropriate, EPA-approved air
                                               the ten-year period for the Spokane area.               EPA’s Air Emissions Reporting Rule (73
                                                                                                                                                               quality monitoring network, in
                                               This calculation is derived using                       FR 76539, December 17, 2008). The
                                                                                                                                                               accordance with 40 CFR part 58.’’
                                               Attachment B of the EPA’s limited                       information was supplemented with
                                                                                                                                                               SRCAA currently operates a Federal
                                               maintenance plan memo, where the                        annual 2011 industrial emissions
                                                                                                       reported to SRCAA and Ecology. The                      Equivalent Method (FEM) Tapered
                                               projected percentage increase in vehicle                                                                        Element Oscillating Microbalance
                                               miles traveled over the next ten years                  2011 base years represent the most
                                                                                                       recent emissions inventory data                         (TEOM) PM10 monitor. SRCAA commits
                                               (VMTpi) is multiplied by the on-road
                                                                                                       available and is consistent with the data               to maintaining a PM10 NAAQS
                                               mobile portion of the attainment year
                                                                                                       used to determine applicability of the                  compliance monitor through the limited
                                               inventory (DVmv), including both
                                                                                                       limited maintenance plan option (i.e.,                  maintenance plan period to verify the
                                               primary and secondary PM10 emissions
                                               and re-entrained road dust. The EPA                     having no violations of the PM10                        attainment status of the area, confirm
                                               reviewed the calculations in the State’s                NAAQS). The most significant emission                   continued qualification for the limited
                                               limited maintenance plan submittal and                  source categories for the Spokane area                  maintenance plan option, and to
                                               concurs with the determination that the                 are residential wood combustion and                     provide a means for triggering
                                               area meets the motor vehicle regional                   dust from paved and unpaved roads.                      contingency measures if needed. The
                                               emissions analysis test. This test is met               The 2011 emission inventory results                     EPA last approved the State’s
                                               when (VMTpi × DVmv) plus the design                     compare favorably to the 2002 emission                  monitoring network in a letter dated
                                               value for the most recent five years of                 inventory submitted with the first 10-                  October 28, 2015, included in the
                                               quality assured data is below the limited               year limited maintenance plan.                          docket for this action. Table 1 shows
                                               maintenance plan threshold of 98 mg/                    Particulate matter from residential wood                98th percentile PM10 monitored values
                                               m3. The result for Spokane is 82 mg/m3.                 combustion has declined by almost one                   at the site to provide a sense of trends
                                                  As described above, the Spokane                      half. These emission were 2,052 tons                    since the area came into attainment in
                                               maintenance area meets the                              per year (tpy) in 2002 versus 1,062 tpy                 2005.

                                                                     TABLE 1—98TH PERCENTILE PM10 TRENDS IN MICROGRAMS PER CUBIC METER [μG/M3]
                                                   2005            2006              2007             2008               2009           2010            2011            2012        2013          2014

                                                    89               72               61               65                48               43             43              67          49            60
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                                               into the analysis, the calculated number of annual
                                               exceedances would drop to 0.0.


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                                               9796                            Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules

                                               D. Does the plan meet the Clean Air Act                             January 27, 1997 (62 FR 3800). These                  clarify the general PM10 control
                                               requirements for contingency                                        contingency provisions remain in effect               measures, including minor revisions to
                                               provisions?                                                         today.                                                the emission reduction strategies for
                                                 Clean Air Act section 175A states that                                                                                  both paved and unpaved roads. In a
                                                                                                                   IV. Proposed Action
                                               a maintenance plan must include                                                                                           prior approval on January 27, 1997, the
                                               contingency provisions, as necessary, to                               The EPA is proposing to approve the                EPA inadvertently approved SRCAA
                                               ensure prompt correction of any                                     limited maintenance plan submitted by                 section 6.05(A) which is a nuisance
                                               violation of the relevant NAAQS which                               the State of Washington, on January 4,                provision addressing the deposition of
                                               may occur after redesignation of the area                           2016, for the Spokane PM10 area. If                   particulate and not related to attainment
                                               to attainment. SRCAA Regulation 1                                   finalized, the EPA’s approval of this                 or maintenance of the NAAQS (62 FR
                                               Section 6.15.G contains additional                                  limited maintenance plan will satisfy                 3800). Ecology and SRCAA requested,
                                               requirements for road paving should the                             the section 175A Clean Air Act                        and the EPA proposes to approve,
                                               EPA find that the Spokane area has                                  requirements for the second 10-year                   correcting the SIP to remove this
                                               violated the PM10 NAAQS. The EPA                                    period in the Spokane PM10 area.                      nuisance provision. A full copy of the
                                               approved this provisions into the SIP on                            Additionally, Ecology and SRCAA                       regulatory changes, in redline/strikeout
                                               April 12, 1999 (64 FR 17545). Similarly,                            requested that the EPA update the                     format, is included in Appendix D of
                                               Regulation 1 Sections 8.07.A.5 and 8.09                             Washington SIP to include minor                       the State submittal. The EPA reviewed
                                               provide for prohibition of the use of                               regulatory changes associated with the                these changes and is proposing to
                                               uncertified woodstoves for the sole                                 limited maintenance plan adopted in                   approve and incorporate by reference
                                               purpose of meeting Clean Air Act                                    2004 and 2007, since the EPA’s last                   the updated versions of SRCAA
                                               requirements for contingency measures,                              approval (64 FR 17545, April 12, 1999).               Regulation I, sections 6.05, 6.14, and
                                               which the EPA approved into the SIP on                              These regulatory changes update and                   6.15, shown in the table below.

                                                  SPOKANE REGIONAL CLEAN AIR AGENCY (SRCAA) REGULATIONS FOR PROPOSED APPROVAL AND INCORPORATION BY
                                                                                             REFERENCE
                                                                                                                                                                          State/Local
                                                        State/Local citation                                                 Title/Subject                                                          Explanation
                                                                                                                                                                         effective date

                                                                                                                                      Regulation I

                                               6.05 ..........................................   Particulate Matter and Preventing Particulate Matter from Be-                04/10/04     Except 6.05(A).
                                                                                                   coming Airborne.
                                               6.14 ..........................................   Standards for Control of Particulate Matter on Paved Sur-                    06/03/07
                                                                                                   faces.
                                               6.15 ..........................................   Standards for Control of Particulate Matter on Unpaved                       06/03/07
                                                                                                   Roads.



                                               V. Incorporation by Reference                                       approves state law as meeting Federal                    • Is not an economically significant
                                                 In accordance with requirements of 1                              requirements and does not impose                      regulatory action based on health or
                                               CFR 51.5, the EPA is proposing to revise                            additional requirements beyond those                  safety risks subject to Executive Order
                                               our incorporation by reference of 40                                imposed by state law. For that reason,                13045 (62 FR 19885, April 23, 1997);
                                               CFR 52.2470(c)—Table 9 ‘‘Additional                                 this action:                                             • Is not a significant regulatory action
                                               Regulations Approved for the Spokane                                   • Is not a ‘‘significant regulatory                subject to Executive Order 13211 (66 FR
                                               Regional Clean Air Agency (SRCAA)                                   action’’ subject to review by the Office              28355, May 22, 2001);
                                               Jurisdiction’’ to reflect the regulations                           of Management and Budget under                           • Is not subject to the requirements of
                                               shown in the Proposed Action section.                               Executive Orders 12866 (58 FR 51735,                  Section 12(d) of the National
                                               The EPA has made, and will continue                                 October 4, 1993) and 13563 (76 FR 3821,               Technology Transfer and Advancement
                                               to make, these documents generally                                  January 21, 2011);                                    Act of 1995 (15 U.S.C. 272 note) because
                                               available electronically through                                       • Does not impose an information                   this action does not involve technical
                                               www.regulations.gov and/or in hard                                  collection burden under the provisions                standards; and
                                               copy at the appropriate EPA office (see                             of the Paperwork Reduction Act (44                       • Does not provide the EPA with the
                                               the FOR FURTHER INFORMATION CONTACT                                 U.S.C. 3501 et seq.);                                 discretionary authority to address, as
                                               section of this preamble for more                                                                                         appropriate, disproportionate human
                                                                                                                      • Is certified as not having a                     health or environmental effects, using
                                               information).                                                       significant economic impact on a                      practicable and legally permissible
                                               VI. Statutory and Executive Order                                   substantial number of small entities                  methods, under Executive Order 12898
                                               Reviews                                                             under the Regulatory Flexibility Act (5               (59 FR 7629, February 16, 1994).
                                                                                                                   U.S.C. 601 et seq.);
                                                 Under the Clean Air Act, the                                                                                               In addition, this proposed rule does
                                               Administrator is required to approve a                                 • Does not contain any unfunded                    not have tribal implications as specified
                                                                                                                   mandate or significantly or uniquely
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                                               SIP submission that complies with the                                                                                     by Executive Order 13175 (65 FR 67249,
                                               provisions of the Act and applicable                                affect small governments, as described                November 9, 2000), because it will not
                                               Federal regulations. 42 U.S.C. 7410(k);                             in the Unfunded Mandates Reform Act                   impose substantial direct costs on tribal
                                               40 CFR 52.02(a). Thus, in reviewing SIP                             of 1995 (Pub. L. 104–4);                              governments or preempt tribal law. This
                                               submissions, the EPA’s role is to                                      • Does not have Federalism                         SIP revision is not approved to apply in
                                               approve state choices, provided that                                implications as specified in Executive                Indian reservations in the State or any
                                               they meet the criteria of the Clean Air                             Order 13132 (64 FR 43255, August 10,                  other area where the EPA or an Indian
                                               Act. Accordingly, this action merely                                1999);                                                tribe has demonstrated that a tribe has


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                                                                        Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Proposed Rules                                               9797

                                               jurisdiction. Consistent with EPA                       Information (CBI) or other information                EPA is extending that deadline to March
                                               policy, the EPA provided a consultation                 whose disclosure is restricted by statute.            15, 2016. This extension will provide
                                               opportunity to the Spokane Tribe in a                   Multimedia submissions (audio, video,                 the general public additional time for
                                               letter dated May 21, 2015. The EPA did                  etc.) must be accompanied by a written                participation and comments.
                                               not receive a request for consultation.                 comment. The written comment is
                                                                                                                                                             List of Subjects in 40 CFR Part 98
                                                                                                       considered the official comment and
                                               List of Subjects in 40 CFR Part 52                      should include discussion of all points                 Environmental protection,
                                                 Environmental protection, Air                         you wish to make. The EPA will                        Administrative practice and procedure,
                                               pollution control, Incorporation by                     generally not consider comments or                    Greenhouse gases, Reporting and
                                               reference, Particulate matter, Reporting                comment contents located outside of the               recordkeeping requirements.
                                               and recordkeeping requirements.                         primary submission (i.e., on the web,                   Dated: February 22, 2016.
                                                  Authority: 42 U.S.C. 7401 et seq.                    cloud, or other file sharing system). For             Sarah Dunham,
                                                                                                       additional submission methods, the full
                                                 Dated: February 12, 2016.                                                                                   Director, Office of Atmospheric Programs.
                                                                                                       EPA public comment policy,
                                               Dennis J. McLerran,                                                                                           [FR Doc. 2016–04196 Filed 2–25–16; 8:45 am]
                                                                                                       information about CBI or multimedia
                                               Regional Administrator, Region 10.                      submissions, and general guidance on                  BILLING CODE 6560–50–P

                                               [FR Doc. 2016–04081 Filed 2–25–16; 8:45 am]             making effective comments, please visit
                                               BILLING CODE 6560–50–P                                  http://www2.epa.gov/dockets/
                                                                                                       commenting-epa-dockets.                               ENVIRONMENTAL PROTECTION
                                                                                                                                                             AGENCY
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               ENVIRONMENTAL PROTECTION                                Carole Cook, Climate Change Division,                 40 CFR Part 98
                                               AGENCY                                                  Office of Atmospheric Programs (MC–
                                                                                                       6207A), Environmental Protection                      [EPA–HQ–OAR–2015–0526; FRL–9942–95–
                                               40 CFR Part 98                                          Agency, 1200 Pennsylvania Ave. NW.,                   OAR]
                                               [EPA–HQ–OAR–2015–0764; FRL–9942–96–                     Washington, DC 20460; telephone                       RIN 2060–AS60
                                               OAR]                                                    number: (202) 343–9263; fax number:
                                                                                                       (202) 343–2342; email address:                        2015 Revisions and Confidentiality
                                               RIN 2060–AS73                                           GHGReporting@epa.gov. For technical                   Determinations for Data Elements
                                               Greenhouse Gas Reporting Rule: Leak                     information, please go to the                         Under the Greenhouse Gas Reporting
                                               Detection Methodology Revisions and                     Greenhouse Gas Reporting Program Web                  Rule
                                               Confidentiality Determinations for                      site, http://www.epa.gov/ghgreporting/
                                                                                                       index.html. To submit a question, select              AGENCY: Environmental Protection
                                               Petroleum and Natural Gas Systems                                                                             Agency (EPA).
                                                                                                       Help Center, followed by ‘‘Contact Us.’’
                                               AGENCY: Environmental Protection                        SUPPLEMENTARY INFORMATION:                            ACTION: Notice of proposed rulemaking;
                                               Agency (EPA).                                                                                                 extension of public comment period.
                                                                                                       Worldwide Web (WWW)
                                               ACTION: Notice of proposed rulemaking;
                                                                                                         In addition to being available in the               SUMMARY:   The EPA is announcing an
                                               extension of public comment period.
                                                                                                       docket, an electronic copy of this                    extension of the public comment period
                                               SUMMARY:   The Environmental Protection                 proposal will also be available through               for the proposed rule titled ‘‘2015
                                               Agency (EPA) is announcing an                           the WWW. Following signature, a copy                  Revisions and Confidentiality
                                               extension of the public comment period                  of this action will be posted on the                  Determinations for Data Elements under
                                               for the proposed rule titled ‘‘Greenhouse               EPA’s GHGRP Web site at http://                       the Greenhouse Gas Reporting Rule’’.
                                               Gas Reporting Rule: Leak Detection                      www.epa.gov/ghgreporting/index.html.                  The public comment period for this
                                               Methodology Revisions and                                                                                     proposal began on January 29, 2016.
                                                                                                       Additional Information on Submitting                  This document announces the extension
                                               Confidentiality Determinations for                      Comments
                                               Petroleum and Natural Gas Systems.’’                                                                          of the deadline for public comments
                                               The public comment period for this                         To expedite review of your comments                from February 29, 2016 to March 30,
                                               proposal began on January 29, 2016.                     by Agency staff, you are encouraged to                2016.
                                               This document announces the extension                   send a separate copy of your comments,
                                                                                                       in addition to the copy you submit to                 DATES:  Comment Due Date: The
                                               of the deadline for public comment from                                                                       comment due date of February 29, 2016,
                                               February 29, 2016 to March 15, 2016.                    the official docket, to Carole Cook, U.S.
                                                                                                       EPA, Office of Atmospheric Programs,                  for the proposed rule published on
                                               DATES: The public comment period for                                                                          January 15, 2016, at 81 FR 2536, is
                                                                                                       Climate Change Division, Mail Code
                                               the proposed rule published January 29,                 6207A, Washington, DC 20460,                          extended to March 30, 2016.
                                               2016 (81 FR 4987) is extended.                          telephone (202) 343–9263, email                       ADDRESSES: Submit your comments,
                                               Comments must be received on or                         address: GHGReporting@epa.gov.                        identified by Docket ID No. EPA–HQ–
                                               before March 15, 2016.                                                                                        OAR–2015–0526, to the Federal
                                               ADDRESSES: Submit your comments,                        Background                                            eRulemaking Portal: http://
                                               identified by Docket ID No. EPA–HQ–                        In this action, the EPA is providing               www.regulations.gov. Follow the online
                                               OAR–2015–0764 to the Federal                            notice that it is extending the comment               instructions for submitting comments.
                                               eRulemaking Portal: http://                             period on the proposed rule titled                    Once submitted, comments cannot be
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               www.regulations.gov. Follow the online                  ‘‘Greenhouse Gas Reporting Rule: Leak                 edited or withdrawn. The EPA may
                                               instructions for submitting comments.                   Detection Methodology Revisions and                   publish any comment received to its
                                               Once submitted, comments cannot be                      Confidentiality Determinations for                    public docket. Do not submit
                                               edited or withdrawn. The EPA may                        Petroleum and Natural Gas Systems,’’                  electronically any information you
                                               publish any comment received to its                     which was published on January 29,                    consider to be Confidential Business
                                               public docket. Do not submit                            2016 (81 FR 4987). The previous                       Information (CBI) or other information
                                               electronically any information you                      deadline for submitting public comment                whose disclosure is restricted by statute.
                                               consider to be Confidential Business                    on that rule was February 29, 2016. The               Multimedia submissions (audio, video,


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Document Created: 2018-02-02 14:36:53
Document Modified: 2018-02-02 14:36:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before March 28, 2016.
ContactJeff Hunt at (206) 553-0256, [email protected]
FR Citation81 FR 9793 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements

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