83_FR_30505 83 FR 30380 - Air Plan Approval; Washington; Interstate Transport Requirements for the 2012 PM2.5

83 FR 30380 - Air Plan Approval; Washington; Interstate Transport Requirements for the 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 125 (June 28, 2018)

Page Range30380-30382
FR Document2018-13861

The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting emissions that will have certain adverse air quality effects in other states. On February 7, 2018, the State of Washington made a submission to the Environmental Protection Agency (EPA) to address these requirements. The EPA is proposing to approve the submission as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2012 annual fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standard (NAAQS) in any other state.

Federal Register, Volume 83 Issue 125 (Thursday, June 28, 2018)
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Proposed Rules]
[Pages 30380-30382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13861]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0060; FRL-9979-99--Region 10]


Air Plan Approval; Washington; Interstate Transport Requirements 
for the 2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Clean Air Act (CAA) requires each State Implementation 
Plan (SIP) to contain adequate provisions prohibiting emissions that 
will have certain adverse air quality effects in other states. On 
February 7, 2018, the State of Washington made a submission to the 
Environmental Protection Agency (EPA) to address these requirements. 
The EPA is proposing to approve the submission as meeting the 
requirement that each SIP contain adequate provisions to prohibit 
emissions that will contribute significantly to nonattainment or 
interfere with maintenance of the 2012 annual fine particulate matter 
(PM2.5) national ambient air quality standard (NAAQS) in any 
other state.

DATES: Comments must be received on or before July 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0060 at https://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 the disclosure of which 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office 
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 
1200 Sixth Ave., Suite 155, Seattle, WA 98101; telephone number: (206) 
553-0256; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. This supplementary 
information section is arranged as follows:

Table of Contents

I. What is the background of this SIP submission?
II. What guidance or information is the EPA using to evaluate this 
SIP submission?
III. The EPA's Review
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

    This rulemaking addresses a submission from the Washington 
Department of Ecology (Ecology) assessing interstate transport 
requirements for the 2012 annual PM2.5 NAAQS. The 
requirement for states to make a SIP submission of this type arises 
from section 110(a)(1) of the CAA. Pursuant to section 110(a)(1), 
states must submit within 3 years (or such shorter period as the 
Administrator may prescribe) after the promulgation of a national 
primary ambient air quality standard (or any revision thereof), a plan 
that provides for the implementation, maintenance, and enforcement of 
such NAAQS. The statute directly imposes on states the duty to make 
these SIP submissions, and the requirement to make the submissions is 
not conditioned upon the EPA taking any action other than promulgating 
a new or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address. The EPA 
commonly refers to such state plans as ``infrastructure SIPs.'' 
Specifically, this rulemaking addresses the requirements under CAA 
section 110(a)(2)(D)(i)(I), otherwise known as the ``good neighbor'' 
provision, which requires SIPs to contain adequate provisions to 
prohibit emissions that will contribute significantly to nonattainment 
or interfere with maintenance of the NAAQS in any other state.

II. What guidance or information is the EPA using to evaluate this SIP 
submission?

    The most recent relevant document was a memorandum published on 
March 17, 2016, titled ``Information on the Interstate Transport ``Good

[[Page 30381]]

Neighbor'' Provision for the 2012 Fine Particulate Matter National 
Ambient Air Quality Standards under Clean Air Act Section 
110(a)(2)(D)(i)(I)'' (memorandum). The memorandum describes the EPA's 
past approach to addressing interstate transport, and provides the 
EPA's general review of relevant modeling data and air quality 
projections as they relate to the 2012 annual PM2.5 NAAQS. 
The memorandum provides information relevant to the EPA Regional office 
review of the CAA section 110(a)(2)(D)(i)(I) ``good neighbor'' 
provision in infrastructure SIPs with respect to the 2012 annual 
PM2.5 NAAQS. This rulemaking considers information provided 
in that memorandum.
    The memorandum also provides states and the EPA Regional offices 
with future year annual PM2.5 design values for monitors in 
the United States based on quality assured and certified ambient 
monitoring data and air quality modeling. The memorandum describes how 
these projected potential design values can be used to help determine 
which monitors should be further evaluated to potentially address 
whether emissions from other states significantly contribute to 
nonattainment or interfere with maintenance of the 2012 annual 
PM2.5 NAAQS at those sites. The memorandum explains that the 
pertinent year for evaluating air quality for purposes of addressing 
interstate transport for the 2012 PM2.5 NAAQS is 2021, the 
attainment deadline for 2012 PM2.5 NAAQS nonattainment areas 
classified as Moderate.
    Based on this approach, the potential receptors are outlined in the 
memorandum. Most of the potential receptors are in California, located 
in the San Joaquin Valley or South Coast nonattainment areas. However, 
there is also one potential receptor in Shoshone County, Idaho, and one 
potential receptor in Allegheny County, Pennsylvania. The memorandum 
also indicates that for certain states with incomplete ambient 
monitoring data, additional information including the latest available 
data should be analyzed to determine whether there are potential 
downwind air quality problems that may be impacted by transported 
emissions.
    This rulemaking considers analysis in Washington's submission, as 
well as additional analysis conducted by the EPA during review of its 
submission. For more information on how we conducted our analysis, 
please see the technical support document (TSD) included in the docket 
for this action.

III. The EPA's Review

    This rulemaking proposes action on Washington's February 7, 2018, 
SIP submission addressing the good neighbor provision requirements of 
CAA section 110(a)(2)(D)(i)(I). State plans must address specific 
requirements of the good neighbor provisions (commonly referred to as 
``prongs''), including:

--Prohibiting any source or other type of emissions activity in one 
state from contributing significantly to nonattainment of the NAAQS in 
another state (prong one); and
--Prohibiting any source or other type of emissions activity in one 
state from interfering with maintenance of the NAAQS in another state 
(prong two).

    The EPA has developed a consistent framework for addressing the 
prong one and two interstate transport requirements with respect to the 
PM2.5 NAAQS in several previous federal rulemakings. The 
four basic steps of that framework include: (1) Identifying downwind 
receptors that are expected to have problems attaining or maintaining 
the relevant NAAQS; (2) identifying which upwind states contribute to 
these identified problems in amounts sufficient to warrant further 
review and analysis; (3) for states identified as contributing to 
downwind air quality problems, identifying upwind emissions reductions 
necessary to prevent an upwind state from significantly contributing to 
nonattainment or interfering with maintenance of the relevant NAAQS 
downwind; and (4) for states that are found to have emissions that 
significantly contribute to nonattainment or interfere with maintenance 
of the relevant NAAQS downwind, reducing the identified upwind 
emissions through adoption of permanent and enforceable measures. This 
framework was applied with respect to PM2.5 in the Cross-
State Air Pollution Rule (CSAPR), designed to address both the 1997 and 
2006 PM2.5 standards, as well as the 1997 ozone standard.\1\
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    \1\ Washington was not part of the CSAPR rulemaking. The EPA 
approved the Washington SIP as meeting the CAA section 
110(a)(2)(D)(i)(I) requirements for the 1997 ozone and 1997 
PM2.5 NAAQS on January 13, 2009 (74 FR 1591) and the 2006 
PM2.5 NAAQS on July 30, 2015 (80 FR 45429).
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    In its submission, Ecology generally mirrored the framework 
established by the EPA. Specifically: (1) Ecology reviewed past and 
current air quality nationwide to identify potential downwind receptors 
that may have problems attaining or maintaining the 2012 
PM2.5 NAAQS; (2) Ecology identified those western receptors 
from the broader nationwide list that may be impacted by Washington for 
further review and analysis; (3) Ecology then reviewed air quality 
reports, modeling results, designation letters, designation technical 
support documents, and available attainment plans to determine if 
emissions from Washington may impact these specific areas; (4) Lastly, 
Ecology conducted its own independent Hybrid Single Particle Lagrangian 
Integrated Trajectory (HYSPLIT) back trajectory modeling for Shoshone 
County, Idaho to support the state's conclusion that sources in 
Washington are not significantly contributing to this receptor, or 
interfering with maintenance of this receptor. From this analysis, 
Ecology concluded that Washington does not significantly contribute to 
nonattainment or interfere with maintenance of the 2012 
PM2.5 NAAQS in any other state.
    As discussed in the TSD for this action, we came to the same 
conclusion as the state. In our evaluation, potential downwind 
nonattainment and maintenance receptors were identified in other 
states. The EPA evaluated these potential receptors to determine first 
if, based on review of relevant data and other information, there would 
be downwind nonattainment or maintenance problems, and if so, whether 
Washington contributes to such problems in these areas. After reviewing 
air quality reports, modeling results, designation letters, designation 
technical support documents, attainment plans and other information for 
these areas, we find there is no contribution sufficient to warrant 
additional SIP measures. Therefore, we are proposing to approve the 
Washington SIP as meeting CAA section 110(a)(2)(i)(I) interstate 
transport requirements for the 2012 PM2.5 NAAQS.

IV. What action is the EPA taking?

    The EPA is proposing to approve Ecology's February 7, 2018, 
submission certifying that the Washington SIP is sufficient to meet the 
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I), 
specifically prongs one and two, as set forth above. The EPA is 
requesting comments on the proposed approval.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the

[[Page 30382]]

EPA's role is to approve state choices, provided that they meet the 
criteria of the CAA. Accordingly, this action merely approves state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: June 14, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-13861 Filed 6-27-18; 8:45 am]
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                                                30380                    Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Proposed Rules

                                                (j) Other FAA AD Provisions                             ENVIRONMENTAL PROTECTION                               and Waste (OAW–150), Environmental
                                                  The following provisions also apply to this           AGENCY                                                 Protection Agency, Region 10, 1200
                                                AD:                                                                                                            Sixth Ave., Suite 155, Seattle, WA
                                                  (1) Alternative Methods of Compliance                 40 CFR Part 52                                         98101; telephone number: (206) 553–
                                                (AMOCs): The Manager, International                     [EPA–R10–OAR–2018–0060; FRL–9979–                      0256; email address: hunt.jeff@epa.gov.
                                                Section, Transport Standards Branch, FAA,               99—Region 10]                                          SUPPLEMENTARY INFORMATION:
                                                has the authority to approve AMOCs for this                                                                    Throughout this document whenever
                                                AD, if requested using the procedures found             Air Plan Approval; Washington;                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                in 14 CFR 39.19. In accordance with 14 CFR              Interstate Transport Requirements for                  the EPA. This supplementary
                                                39.19, send your request to your principal              the 2012 PM2.5 NAAQS                                   information section is arranged as
                                                inspector or local Flight Standards District                                                                   follows:
                                                Office, as appropriate. If sending information          AGENCY:  Environmental Protection
                                                directly to the International Section, send it          Agency (EPA).                                          Table of Contents
                                                to the attention of the person identified in            ACTION: Proposed rule.
                                                                                                                                                               I. What is the background of this SIP
                                                paragraph (k)(2) of this AD. Information may                                                                         submission?
                                                be emailed to: 9-ANM-116-AMOC-                          SUMMARY:    The Clean Air Act (CAA)
                                                                                                        requires each State Implementation Plan                II. What guidance or information is the EPA
                                                REQUESTS@faa.gov. Before using any                                                                                   using to evaluate this SIP submission?
                                                approved AMOC, notify your appropriate                  (SIP) to contain adequate provisions
                                                                                                                                                               III. The EPA’s Review
                                                principal inspector, or lacking a principal             prohibiting emissions that will have                   IV. What action is the EPA taking?
                                                inspector, the manager of the local flight              certain adverse air quality effects in                 V. Statutory and Executive Order Reviews
                                                standards district office/certificate holding           other states. On February 7, 2018, the
                                                district office.                                        State of Washington made a submission                  I. What is the background of this SIP
                                                  (2) Contacting the Manufacturer: For any              to the Environmental Protection Agency                 submission?
                                                requirement in this AD to obtain corrective             (EPA) to address these requirements.                     This rulemaking addresses a
                                                actions from a manufacturer, the action must            The EPA is proposing to approve the                    submission from the Washington
                                                be accomplished using a method approved                 submission as meeting the requirement                  Department of Ecology (Ecology)
                                                by the Manager, International Section,                  that each SIP contain adequate                         assessing interstate transport
                                                Transport Standards Branch, FAA; or the                 provisions to prohibit emissions that                  requirements for the 2012 annual PM2.5
                                                European Aviation Safety Agency (EASA); or              will contribute significantly to                       NAAQS. The requirement for states to
                                                BAE Systems (Operations) Limited’s EASA                 nonattainment or interfere with                        make a SIP submission of this type
                                                Design Organization Approval (DOA). If                  maintenance of the 2012 annual fine                    arises from section 110(a)(1) of the CAA.
                                                approved by the DOA, the approval must                  particulate matter (PM2.5) national                    Pursuant to section 110(a)(1), states
                                                include the DOA-authorized signature.                   ambient air quality standard (NAAQS)                   must submit within 3 years (or such
                                                (k) Related Information                                 in any other state.                                    shorter period as the Administrator may
                                                                                                        DATES: Comments must be received on                    prescribe) after the promulgation of a
                                                   (1) Refer to Mandatory Continuing
                                                                                                        or before July 30, 2018.                               national primary ambient air quality
                                                Airworthiness Information (MCAI) EASA AD
                                                2017–0212, dated October 25, 2017; for                  ADDRESSES: Submit your comments,                       standard (or any revision thereof), a
                                                related information. This MCAI may be                   identified by Docket ID No. EPA–R10–                   plan that provides for the
                                                found in the AD docket on the internet at               OAR–2018–0060 at https://                              implementation, maintenance, and
                                                http://www.regulations.gov by searching for             www.regulations.gov. Follow the online                 enforcement of such NAAQS. The
                                                and locating Docket No. FAA–2018–0555.                  instructions for submitting comments.                  statute directly imposes on states the
                                                   (2) For more information about this AD,              Once submitted, comments cannot be                     duty to make these SIP submissions,
                                                contact Todd Thompson, Aerospace                        edited or removed from Regulations.gov.                and the requirement to make the
                                                Engineer, International Section, Transport              The EPA may publish any comment                        submissions is not conditioned upon
                                                Standards Branch, FAA, 2200 South 216th                 received to its public docket. Do not                  the EPA taking any action other than
                                                St., Des Moines, WA 98198; telephone and                submit electronically any information                  promulgating a new or revised NAAQS.
                                                fax 206–231–3228.                                       you consider to be Confidential                        Section 110(a)(2) includes a list of
                                                   (3) For service information identified in            Business Information (CBI) or other                    specific elements that ‘‘[e]ach such
                                                this AD, contact BAE Systems (Operations)               information the disclosure of which is                 plan’’ submission must address. The
                                                Limited, Customer Information Department,               restricted by statute. Multimedia                      EPA commonly refers to such state
                                                Prestwick International Airport, Ayrshire,              submissions (audio, video, etc.) must be               plans as ‘‘infrastructure SIPs.’’
                                                KA9 2RW, Scotland, United Kingdom;                      accompanied by a written comment.                      Specifically, this rulemaking addresses
                                                telephone +44 1292 675207; fax +44 1292                 The written comment is considered the                  the requirements under CAA section
                                                675704; email RApublications@                           official comment and should include                    110(a)(2)(D)(i)(I), otherwise known as
                                                baesystems.com; internet http://                        discussion of all points you wish to
                                                www.baesystems.com/Businesses/
                                                                                                                                                               the ‘‘good neighbor’’ provision, which
                                                                                                        make. The EPA will generally not                       requires SIPs to contain adequate
                                                RegionalAircraft/index.htm. You may view                consider comments or comment
                                                this service information at the FAA,                                                                           provisions to prohibit emissions that
                                                                                                        contents located outside of the primary                will contribute significantly to
                                                Transport Standards Branch, 2200 South
                                                                                                        submission (i.e., on the web, cloud, or                nonattainment or interfere with
                                                216th St., Des Moines, WA. For information
                                                on the availability of this material at the
                                                                                                        other file sharing system). For                        maintenance of the NAAQS in any other
                                                FAA, call 206–231–3195.                                 additional submission methods, the full                state.
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                                                                                                        EPA public comment policy,
                                                  Issued in Des Moines, Washington, on June             information about CBI or multimedia                    II. What guidance or information is the
                                                19, 2018.                                               submissions, and general guidance on                   EPA using to evaluate this SIP
                                                Michael Kaszycki,                                       making effective comments, please visit                submission?
                                                Acting Director, System Oversight Division,             https://www.epa.gov/dockets/                             The most recent relevant document
                                                Aircraft Certification Service.                         commenting-epa-dockets.                                was a memorandum published on
                                                [FR Doc. 2018–13782 Filed 6–27–18; 8:45 am]             FOR FURTHER INFORMATION CONTACT: Jeff                  March 17, 2016, titled ‘‘Information on
                                                BILLING CODE 4910–13–P                                  Hunt, Air Planning Unit, Office of Air                 the Interstate Transport ‘‘Good


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                                                                        Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Proposed Rules                                            30381

                                                Neighbor’’ Provision for the 2012 Fine                  III. The EPA’s Review                                  identified those western receptors from
                                                Particulate Matter National Ambient Air                    This rulemaking proposes action on                  the broader nationwide list that may be
                                                Quality Standards under Clean Air Act                   Washington’s February 7, 2018, SIP                     impacted by Washington for further
                                                Section 110(a)(2)(D)(i)(I)’’                            submission addressing the good                         review and analysis; (3) Ecology then
                                                (memorandum). The memorandum                            neighbor provision requirements of                     reviewed air quality reports, modeling
                                                describes the EPA’s past approach to                    CAA section 110(a)(2)(D)(i)(I). State                  results, designation letters, designation
                                                addressing interstate transport, and                    plans must address specific                            technical support documents, and
                                                provides the EPA’s general review of                    requirements of the good neighbor                      available attainment plans to determine
                                                relevant modeling data and air quality                  provisions (commonly referred to as                    if emissions from Washington may
                                                projections as they relate to the 2012                  ‘‘prongs’’), including:                                impact these specific areas; (4) Lastly,
                                                annual PM2.5 NAAQS. The                                                                                        Ecology conducted its own independent
                                                                                                        —Prohibiting any source or other type
                                                memorandum provides information                                                                                Hybrid Single Particle Lagrangian
                                                                                                           of emissions activity in one state from
                                                relevant to the EPA Regional office                                                                            Integrated Trajectory (HYSPLIT) back
                                                                                                           contributing significantly to
                                                review of the CAA section                                                                                      trajectory modeling for Shoshone
                                                                                                           nonattainment of the NAAQS in
                                                110(a)(2)(D)(i)(I) ‘‘good neighbor’’                                                                           County, Idaho to support the state’s
                                                                                                           another state (prong one); and
                                                provision in infrastructure SIPs with                   —Prohibiting any source or other type                  conclusion that sources in Washington
                                                respect to the 2012 annual PM2.5                           of emissions activity in one state from             are not significantly contributing to this
                                                NAAQS. This rulemaking considers                           interfering with maintenance of the                 receptor, or interfering with
                                                information provided in that                               NAAQS in another state (prong two).                 maintenance of this receptor. From this
                                                memorandum.                                                                                                    analysis, Ecology concluded that
                                                   The memorandum also provides                            The EPA has developed a consistent
                                                                                                                                                               Washington does not significantly
                                                states and the EPA Regional offices with                framework for addressing the prong one
                                                                                                                                                               contribute to nonattainment or interfere
                                                future year annual PM2.5 design values                  and two interstate transport
                                                                                                                                                               with maintenance of the 2012 PM2.5
                                                for monitors in the United States based                 requirements with respect to the PM2.5                 NAAQS in any other state.
                                                on quality assured and certified ambient                NAAQS in several previous federal                         As discussed in the TSD for this
                                                monitoring data and air quality                         rulemakings. The four basic steps of that              action, we came to the same conclusion
                                                modeling. The memorandum describes                      framework include: (1) Identifying                     as the state. In our evaluation, potential
                                                how these projected potential design                    downwind receptors that are expected                   downwind nonattainment and
                                                values can be used to help determine                    to have problems attaining or                          maintenance receptors were identified
                                                which monitors should be further                        maintaining the relevant NAAQS; (2)                    in other states. The EPA evaluated these
                                                evaluated to potentially address                        identifying which upwind states                        potential receptors to determine first if,
                                                whether emissions from other states                     contribute to these identified problems                based on review of relevant data and
                                                significantly contribute to                             in amounts sufficient to warrant further               other information, there would be
                                                nonattainment or interfere with                         review and analysis; (3) for states                    downwind nonattainment or
                                                maintenance of the 2012 annual PM2.5                    identified as contributing to downwind                 maintenance problems, and if so,
                                                NAAQS at those sites. The                               air quality problems, identifying                      whether Washington contributes to such
                                                memorandum explains that the                            upwind emissions reductions necessary                  problems in these areas. After reviewing
                                                pertinent year for evaluating air quality               to prevent an upwind state from                        air quality reports, modeling results,
                                                for purposes of addressing interstate                   significantly contributing to                          designation letters, designation
                                                transport for the 2012 PM2.5 NAAQS is                   nonattainment or interfering with                      technical support documents,
                                                2021, the attainment deadline for 2012                  maintenance of the relevant NAAQS                      attainment plans and other information
                                                PM2.5 NAAQS nonattainment areas                         downwind; and (4) for states that are                  for these areas, we find there is no
                                                classified as Moderate.                                 found to have emissions that                           contribution sufficient to warrant
                                                   Based on this approach, the potential                significantly contribute to                            additional SIP measures. Therefore, we
                                                receptors are outlined in the                           nonattainment or interfere with                        are proposing to approve the
                                                memorandum. Most of the potential                       maintenance of the relevant NAAQS                      Washington SIP as meeting CAA section
                                                receptors are in California, located in                 downwind, reducing the identified                      110(a)(2)(i)(I) interstate transport
                                                the San Joaquin Valley or South Coast                   upwind emissions through adoption of                   requirements for the 2012 PM2.5
                                                nonattainment areas. However, there is                  permanent and enforceable measures.                    NAAQS.
                                                also one potential receptor in Shoshone                 This framework was applied with
                                                County, Idaho, and one potential                        respect to PM2.5 in the Cross-State Air                IV. What action is the EPA taking?
                                                receptor in Allegheny County,                           Pollution Rule (CSAPR), designed to                       The EPA is proposing to approve
                                                Pennsylvania. The memorandum also                       address both the 1997 and 2006 PM2.5                   Ecology’s February 7, 2018, submission
                                                indicates that for certain states with                  standards, as well as the 1997 ozone                   certifying that the Washington SIP is
                                                incomplete ambient monitoring data,                     standard.1                                             sufficient to meet the interstate
                                                additional information including the                       In its submission, Ecology generally                transport requirements of CAA section
                                                latest available data should be analyzed                mirrored the framework established by                  110(a)(2)(D)(i)(I), specifically prongs one
                                                to determine whether there are potential                the EPA. Specifically: (1) Ecology                     and two, as set forth above. The EPA is
                                                downwind air quality problems that                      reviewed past and current air quality                  requesting comments on the proposed
                                                may be impacted by transported                          nationwide to identify potential                       approval.
                                                emissions.                                              downwind receptors that may have
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                                                   This rulemaking considers analysis in                problems attaining or maintaining the                  V. Statutory and Executive Order
                                                Washington’s submission, as well as                     2012 PM2.5 NAAQS; (2) Ecology                          Reviews
                                                additional analysis conducted by the                                                                             Under the CAA, the Administrator is
                                                EPA during review of its submission.                      1 Washington was not part of the CSAPR               required to approve a SIP submission
                                                For more information on how we                          rulemaking. The EPA approved the Washington SIP        that complies with the provisions of the
                                                                                                        as meeting the CAA section 110(a)(2)(D)(i)(I)
                                                conducted our analysis, please see the                  requirements for the 1997 ozone and 1997 PM2.5
                                                                                                                                                               CAA and applicable federal regulations.
                                                technical support document (TSD)                        NAAQS on January 13, 2009 (74 FR 1591) and the         42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                included in the docket for this action.                 2006 PM2.5 NAAQS on July 30, 2015 (80 FR 45429).       Thus, in reviewing SIP submissions, the


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                                                30382                   Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Proposed Rules

                                                EPA’s role is to approve state choices,                 List of Subjects in 40 CFR Part 52                     for future new reintroduction efforts
                                                provided that they meet the criteria of                   Environmental protection, Air                        that is influenced by natural selection,
                                                the CAA. Accordingly, this action                       pollution control, Incorporation by                    and provision of a population for
                                                merely approves state law as meeting                    reference, Intergovernmental relations,                continued scientific research on wild
                                                federal requirements and does not                       Particulate matter, Reporting and                      red wolf behavior and population
                                                impose additional requirements beyond                   recordkeeping requirements.                            management. This action would also
                                                those imposed by state law. For that                                                                           promote the viability of the nonessential
                                                reason, this action:                                      Dated: June 14, 2018.                                experimental population by authorizing
                                                   • Is not a significant regulatory action             Chris Hladick,                                         proven management techniques, such as
                                                subject to review by the Office of                      Regional Administrator, Region 10.                     the release of animals from the captive
                                                Management and Budget under                             [FR Doc. 2018–13861 Filed 6–27–18; 8:45 am]            population into the nonessential
                                                Executive Orders 12866 (58 FR 51735,                    BILLING CODE 6560–50–P                                 experimental population, which is vital
                                                October 4, 1993) and 13563 (76 FR 3821,                                                                        to maintaining a genetically healthy
                                                January 21, 2011);                                                                                             population.
                                                   • Is not an Executive Order 13771 (82                DEPARTMENT OF THE INTERIOR                             DATES:
                                                FR 9339, February 2, 2017) regulatory                                                                             Written comments: We will consider
                                                action because SIP approvals are                        Fish and Wildlife Service                              comments we receive on or before July
                                                exempted under Executive Order 12866;                                                                          30, 2018. Comments submitted
                                                   • Does not impose an information                     50 CFR Part 17                                         electronically using the Federal
                                                collection burden under the provisions                  [Docket No. FWS–R4–ES–2018–0035;                       eRulemaking Portal (see ADDRESSES,
                                                of the Paperwork Reduction Act (44                      FXES11130900000C2–189–FF09E42000]                      below) must be received by 11:59 p.m.
                                                U.S.C. 3501 et seq.);                                                                                          Eastern Time on the closing date.
                                                                                                        RIN 1018–BB98
                                                   • Is certified as not having a                                                                                 Requests for additional public
                                                significant economic impact on a                        Endangered and Threatened Wildlife                     hearings: We must receive requests for
                                                substantial number of small entities                    and Plants; Proposed Replacement of                    additional public hearings, in writing, at
                                                under the Regulatory Flexibility Act (5                 the Regulations for the Nonessential                   the address shown in FOR FURTHER
                                                U.S.C. 601 et seq.);                                                                                           INFORMATION CONTACT by July 12, 2018.
                                                                                                        Experimental Population of Red
                                                   • Does not contain any unfunded                                                                                Public information session and public
                                                                                                        Wolves in Northeastern North Carolina
                                                mandate or significantly or uniquely                                                                           hearing: On July 10, 2018, we will hold
                                                affect small governments, as described                  AGENCY:   Fish and Wildlife Service,                   a public information session and public
                                                in the Unfunded Mandates Reform Act                     Interior.                                              hearing on this proposed rule and draft
                                                of 1995 (Pub. L. 104–4);                                ACTION: Proposed rule; availability of a               environmental assessment. The public
                                                                                                                                                               information session is scheduled from
                                                   • Does not have Federalism                           draft environmental assessment,
                                                                                                        opening of comment period, and                         5:30 p.m. to 6:30 p.m., and the public
                                                implications as specified in Executive
                                                                                                        announcement of public hearing.                        hearing from 7 p.m. to 9 p.m.
                                                Order 13132 (64 FR 43255, August 10,
                                                1999);                                                                                                         ADDRESSES:
                                                                                                        SUMMARY:   We, the U.S. Fish and                          Availability of documents: This
                                                   • Is not an economically significant                 Wildlife Service (Service), propose to                 proposed rule is available on http://
                                                regulatory action based on health or                    replace the existing regulations                       www.regulations.gov at Docket No.
                                                safety risks subject to Executive Order                 governing the nonessential experimental                FWS–R4–ES–2018–0035 and on our
                                                13045 (62 FR 19885, April 23, 1997);                    population designation of the red wolf                 website at http://www.fws.gov/Raleigh.
                                                   • Is not a significant regulatory action             (Canis rufus) under section 10(j) of the               Comments and materials we receive, as
                                                subject to Executive Order 13211 (66 FR                 Endangered Species Act, as amended.                    well as supporting documentation we
                                                28355, May 22, 2001);                                   We request public comments, and                        used in preparing this proposed rule,
                                                   • Is not subject to requirements of                  announce a public information session                  are also available for public inspection
                                                Section 12(d) of the National                           and public hearing, on this proposed                   at http://www.regulations.gov. All
                                                Technology Transfer and Advancement                     rule. In addition, we announce the                     comments, materials, and
                                                Act of 1995 (15 U.S.C. 272 note) because                availability of a draft environmental                  documentation that we considered in
                                                application of those requirements would                 assessment on the proposed                             this document are available for public
                                                be inconsistent with the CAA; and                       replacement of the existing nonessential               inspection, by appointment, during
                                                   • Does not provide EPA with the                      experimental population regulations for                normal business hours, at the Raleigh
                                                discretionary authority to address, as                  the red wolf. In conjunction with this                 Ecological Services Field Office, U.S.
                                                appropriate, disproportionate human                     proposed action, we are initiating                     Fish and Wildlife Service, 551F Pylon
                                                health or environmental effects, using                  consultation pursuant to section 7 of the              Drive, Raleigh, NC 27606; telephone
                                                practicable and legally permissible                     Endangered Species Act and completing                  919–856–4520; or facsimile 919–856–
                                                methods, under Executive Order 12898                    a compatibility determination pursuant                 4556. Persons who use a
                                                (59 FR 7629, February 16, 1994).                        to the National Wildlife Refuge System                 telecommunications device for the deaf
                                                   In addition, the SIP is not approved                 Improvement Act of 1997.                               (TDD) may call the Federal Relay
                                                to apply on any Indian reservation land                   We propose this action to ensure our                 Service at 1–800–877–8339.
                                                or in any other area where EPA or an                    regulations are based on the most recent                  Comment submission: You may
amozie on DSK3GDR082PROD with PROPOSALS1




                                                Indian tribe has demonstrated that a                    science and lessons learned related to                 submit written comments on this
                                                tribe has jurisdiction. In those areas of               the management of red wolves. If                       proposed rule and draft environmental
                                                Indian country, the rule does not have                  adopted as proposed, this action would                 assessment by one of the following
                                                tribal implications and will not impose                 further conservation of red wolf                       methods:
                                                substantial direct costs on tribal                      recovery overall by allowing for the                      (1) Electronically: Go to the Federal
                                                governments or preempt tribal law as                    reallocation of resources to enhance                   eRulemaking Portal: http://
                                                specified by Executive Order 13175 (65                  support for the captive population,                    www.regulations.gov. In the Search box,
                                                FR 67249, November 9, 2000).                            retention of a propagation population                  enter FWS–R4–ES–2018–0035, which is


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Document Created: 2018-11-06 09:55:07
Document Modified: 2018-11-06 09:55:07
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 July 30, 2018.
ContactJeff Hunt, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave., Suite 155, Seattle, WA 98101; telephone number: (206)
FR Citation83 FR 30380 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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