Approval and Promulgation of Implementation Plans; Washington: Thurston County Second 10-Year PM10, 61188-61191 [2013-23511]
Download as PDF
61188
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations
Part 8—Bid Protests
addition may use hybrid or other
contract types not provided for in the
FAR.
sroberts on DSK5SPTVN1PROD with RULES
7.1 Indefinite-Delivery Contracts
a. The USPTO is not required to make
multiple awards for indefinite-quantity
contracts under any circumstances, or
where multiple awards are made, to use
any specific procedures for placing task
or delivery orders.
b. COs are encouraged, however, to
consider the use of multiple awards
when doing so would be in the best
interest of the USPTO.
c. A solicitation contemplating
multiple awards must address the
procedures the USPTO will use for
selecting between contractors when
awarding task or delivery orders.
d. Where a specific procurement
includes procedures for seeking task or
delivery order proposals from multiple
contractors, applying these procedures
to individual requirements below the
micropurchase threshold stated in
PTAG Part 6.1.2 (a) will typically not be
in the best interest of the USPTO.
7.2 Options
a. As a result of its exemptions
described in Part 1 above, USPTO may
renegotiate options contained in an
existing contract without seeking further
competition when it is in the best
interest of the agency to do so (for
example for the purpose of seeking a
price reduction, adjusting quantities,
and/or adjusting performance periods).
1. The USPTO will notify the vendor
that it intends to renegotiate the option
at the time that USPTO provides the
notice required by FAR Part 17.207 (a)
‘‘Exercise of Options.’’
2. The CO will issue a bilateral
modification when exercising a
renegotiated option.
3. Any changes to option pricing
would be made normally for the
purpose of implementing a price
reduction. The CO may only renegotiate
an increase to the overall price of a prepriced option when the price increase
directly corresponds with either a
higher quantity or longer period of
performance than the option under
negotiation.
b. As a result of its exemptions
described in Part 1 above, USPTO may
make award on the basis of unpriced
options contained in an existing
contract without seeking further
competition. COs may consider using
unpriced options as a performance
incentive.
c. In addition to 7.2.a. and 7.2.b, COs
retain their authority to unilaterally
exercise options in accordance with the
terms of the options.
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15:47 Oct 02, 2013
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The USPTO continues to be subject to
the bid protest jurisdiction of the
Government Accountability Office and
of the Court of Federal Claims. The
USPTO is also subject to Executive
Order 12979 concerning protests to the
agency. To see the procedures for
considering such protests, please refer
to www.uspto.gov and type ‘‘Agency
Level Protests’’ in the search box.
Part 9—Printing
The USPTO is exempt from the
requirement to use the Government
Printing Office to meet its printing
needs per 35 U.S.C. § 2(b)(4)(B).
Accordingly, the USPTO intends to
acquire printing by the most economic
and efficient means available, which
may in particular acquisitions include
the Government Printing Office.
Part 10—Deviations
The USPTO has the option to
implement the deviations granted by the
Department of Commerce (DOC) when it
is in the best interest of the agency to
do so. To see a list of deviations granted
by DOC, please refer to
www.commerce.gov and type
‘‘Procurement Memoranda’’ in the
search box.
Dated: September 30, 2013.
Teresa Stanek Rea,
Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director of
the United States Patent and Trademark
Office.
[FR Doc. 2013–24316 Filed 10–2–13; 8:45 am]
BILLING CODE 3510–16–P
40 CFR Part 52
[EPA–R10–OAR–2013–0088: FRL–9901–34–
Region 10]
Approval and Promulgation of
Implementation Plans; Washington:
Thurston County Second 10-Year PM10
Limited Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is approving a
limited maintenance plan submitted by
the State of Washington on July 1, 2013,
for the Thurston County maintenance
area (Thurston County) for particulate
matter with an aerodynamic diameter
less than or equal to a nominal 10
micrometers (PM10). The EPA is also
approving both local and state
SUMMARY:
Frm 00036
Fmt 4700
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, it is
intended to refer to the EPA.
Table of Contents
ENVIRONMENTAL PROTECTION
AGENCY
PO 00000
regulatory updates related to this
maintenance plan.
DATES: This final rule is effective on
November 4, 2013.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2013–0088. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste,
and Toxics, AWT–107, 1200 Sixth
Avenue, Seattle, Washington 98101. The
EPA requests that you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt at (206) 553–0256, hunt.jeff@
epa.gov, or the above EPA, Region 10
address.
Sfmt 4700
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
An explanation of the Clean Air Act
requirements and implementing
regulations that are met by this State
Implementation Plan (SIP), a detailed
explanation of the revision, and the
EPA’s reasons for approving it were
provided in the notice of proposed
rulemaking published on August 5,
2013, and will not be restated here. See
78 FR 42480. The public comment
period for this proposed rule ended on
September 4, 2013. The EPA did not
receive any comments on the proposal.
II. Final Action
The EPA is approving the second 10year limited maintenance plan for
Thurston County submitted by
Washington State on July 1, 2013.
Washington’s submittal also included a
request to approve state regulatory
E:\FR\FM\03OCR1.SGM
03OCR1
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations
updates to the original control measures
included in Chapter 173–433
Washington Administrative Code
(WAC) as well as corresponding local
Olympic Region Clean Air Agency
regulations. The EPA is approving these
regulatory changes, as well as other
minor corrections described in the
EPA’s proposed rule, because these
changes strengthen the SIP.
sroberts on DSK5SPTVN1PROD with RULES
III. Statutory and Executive Order
Reviews
Under the CAA, 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 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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
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15:47 Oct 02, 2013
Jkt 232001
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because it will not
impose substantial direct costs on tribal
governments or preempt tribal law. The
SIP is not approved to apply in Indian
country located in the State, except for
non-trust land within the exterior
boundaries of the Puyallup Indian
Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe
of Indians Settlement Act of 1989, 25
U.S.C. 1773, Congress explicitly
provided state and local agencies in
Washington authority over activities on
non-trust lands within the 1873 Survey
Area and the EPA is therefore approving
this SIP on such lands.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 2,
2013. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
61189
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: September 12, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. Section 52.2470 is amended:
a. In paragraph (c) Table 1—
Washington Department of Ecology
Regulations by:
■ i. Revising entries 173–433–030
through 173–433–120;
■ ii. Adding in numerical order entry
173–433–140;
■ iii. Revising entry 173–433–150; and
■ iv. Removing entries 173–433–170
and 173–433–200;
■ b. In paragraph (c) by adding a table
at the end titled ‘‘TABLE 8—Olympic
Region Clean Air Agency Regulations’’
with the entries 6.2.3, 6.2.6, 6.2.7, and
8.1.1 through 8.1.8;
■ c. In paragraph (e) by
■ i. Removing the existing table heading
‘‘State of Washington Nonregulatory
Provisions and Quasi-Regulatory
Measures’’ and replacing it with ‘‘Table
2—Attainment, Maintenance, and Other
Plans’’ respectively;
■ ii. Adding a table after the
introductory text titled ‘‘Table 1—
Approved but not incorporated by
reference statutes and regulations’’; and
■ ii. Adding an entry in the newly
designated Table 2—Attainment,
Maintenance, and Other Plans with
entry ‘‘Particulate Matter (PM10) 2nd 10year Limited Maintenance Plan’’ at the
end of the section with the heading
‘‘Attainment and Maintenance
Planning—Particulate Matter.’’
The revised and added text reads as
follows:
■
■
§ 52.2470
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\03OCR1.SGM
03OCR1
*
*
61190
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations
TABLE 1—WASHINGTON DEPARTMENT OF ECOLOGY REGULATIONS
State citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
*
Explanations
*
*
Washington Administrative Code, Chapter 173–433—Solid Fuel Burning Device Standards
*
*
173–433–030 ............................
173–433–100 ............................
173–433–110 ............................
173–433–120 ............................
*
Definitions .................................
*
4/20/91
Emission Performance Standards.
3/6/93
Opacity Standards ....................
3/6/93
Prohibited Fuel Types ..............
*
*
173–433–140 ............................
*
Impaired Air Quality Criteria .....
173–433–150 ............................
4/20/91
Curtailment ...............................
*
*
*
4/20/91
4/20/91
*
*
10/3/13
[Insert page number
document begins].
10/3/13
[Insert page number
document begins].
10/3/13
[Insert page number
document begins].
10/3/13
[Insert page number
document begins].
*
where the
where the
where the
where the
*
*
10/3/13
[Insert page number where the
document begins].
10/3/13
[Insert page number where the
document begins].
*
*
*
*
*
*
TABLE 8—OLYMPIC REGION CLEAN AIR AGENCY REGULATIONS
State citation
State
effective
date
Title/subject
Rule 6.2
No Residential or Land Clearing Burning.
2/4/12
6.2.6 ..........................................
Curtailment ...............................
3/18/11
6.2.7 ..........................................
Recreational Burning ................
3/18/11
Definitions .................................
5/22/10
8.1.2 (b) and (c) ........................
General Emission Standards ...
5/22/10
8.1.3 ..........................................
Prohibited Fuel Types ..............
5/22/10
8.1.4 ..........................................
Curtailment ...............................
5/22/10
8.1.5 ..........................................
Exceptions ................................
5/22/10
8.1.7 ..........................................
Sale
and
Installation
of
Uncertified Woodstoves.
Disposal
of
uncertified
woodstoves.
5/22/10
sroberts on DSK5SPTVN1PROD with RULES
*
*
*
VerDate Mar<15>2010
*
*
15:47 Oct 02, 2013
10/3/13 [Insert page number
where the document begins].
Only as it applies to the cities of Olympia, Lacey,
and Tumwater.
10/3/13
where
10/3/13
where
[Insert page
the document
[Insert page
the document
number
begins].
number
begins].
[Insert page
the document
[Insert page
the document
[Insert page
the document
[Insert page
the document
[Insert page
the document
[Insert page
the document
[Insert page
the document
number
begins].
number
begins].
number
begins].
number
begins].
number
begins].
number
begins].
number
begins].
Wood Heating
8.1.1 ..........................................
8.1.8 ..........................................
Explanations
Outdoor Burning
6.2.3 ..........................................
Rule 8.1
EPA approval date
5/22/10
10/3/13
where
10/3/13
where
10/3/13
where
10/3/13
where
10/3/13
where
10/3/13
where
10/3/13
where
(e) * * *
Jkt 232001
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
E:\FR\FM\03OCR1.SGM
03OCR1
61191
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations
TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE STATUTES AND REGULATIONS
State citation
State
effective
date
Title/subject
EPA approval date
Explanations
Washington Department of Ecology Regulations
173–433–200 ............................
Regulatory Actions and Penalties.
10/18/90
1/15/93, 58 FR 4578.
Olympic Region Clean Air Agency Regulations
8.1.6 ..........................................
Penalties ...................................
5/22/10
10/3/13 [Insert page number
where the document begins].
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable geographic or nonattainment area
Name of SIP provision
*
*
State
submittal
date
*
*
EPA approval date
*
Comments
*
*
*
*
10/3/13 [Insert page number
where the document begins].
*
Attainment and Maintenance Planning—Particulate Matter
*
*
Particulate Matter (PM10) 2nd
10-year Limited Maintenance
Plan.
*
*
Thurston County .......................
*
*
[FR Doc. 2013–23511 Filed 10–2–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 412
[CMS–1599–IFC]
RIN 0938–AR53
Medicare Program; FY 2014 Inpatient
Prospective Payment Systems:
Changes to Certain Cost Reporting
Procedures Related to
Disproportionate Share Hospital
Uncompensated Care Payments
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Interim final rule with comment
period.
AGENCY:
In the fiscal year (FY) 2014
inpatient prospective payment systems
(IPPS)/long-term care hospital (LTCH)
PPS final rule, we established the
methodology for determining the
amount of uncompensated care
payments made to hospitals eligible for
the disproportionate share hospital
(DSH) payment adjustment in FY 2014
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:47 Oct 02, 2013
Jkt 232001
*
7/1/13
*
*
and a process for making interim and
final payments. This interim final rule
with comment period revises certain
operational considerations for hospitals
with Medicare cost reporting periods
that span more than one Federal fiscal
year and also makes changes to the data
that will be used in the uncompensated
care payment calculation in order to
ensure that data from Indian Health
Service (IHS) hospitals are included in
Factor 1 and Factor 3 of that calculation.
DATES: Effective date: These regulations
are effective on October 1, 2013.
Comment date: To be assured
consideration, comments must be
received at one of the addresses
provided below, no later than 5 p.m. on
November 29, 2013.
ADDRESSES: In commenting, please refer
to file code CMS–1599–IFC. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed).
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY:
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
*
*
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–
1599–IFC, P.O. Box 8013, Baltimore,
MD 21244–8013.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–
1599–IFC, Mail Stop C4–26–05, 7500
Security Boulevard, Baltimore, MD
21244–1850.
4. By hand or courier. Alternatively,
you may deliver (by hand or courier)
your written comments ONLY to the
following addresses prior to the close of
the comment period:
a. For delivery in Washington, DC—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Room 445–G, Hubert
H. Humphrey Building, 200
Independence Avenue SW.,
Washington, DC 20201.
(Because access to the interior of the
Hubert H. Humphrey Building is not
readily available to persons without
Federal government identification,
commenters are encouraged to leave
E:\FR\FM\03OCR1.SGM
03OCR1
Agencies
[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Rules and Regulations]
[Pages 61188-61191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23511]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2013-0088: FRL-9901-34-Region 10]
Approval and Promulgation of Implementation Plans; Washington:
Thurston County Second 10-Year PM10 Limited Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving a limited maintenance plan submitted by
the State of Washington on July 1, 2013, for the Thurston County
maintenance area (Thurston County) for particulate matter with an
aerodynamic diameter less than or equal to a nominal 10 micrometers
(PM10). The EPA is also approving both local and state
regulatory updates related to this maintenance plan.
DATES: This final rule is effective on November 4, 2013.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2013-0088. All documents in the
docket are listed on the https://www.regulations.gov Web site. Although
listed in the index, some information may not be publicly available,
i.e., Confidential Business Information or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256,
hunt.jeff@epa.gov, or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' are used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
An explanation of the Clean Air Act requirements and implementing
regulations that are met by this State Implementation Plan (SIP), a
detailed explanation of the revision, and the EPA's reasons for
approving it were provided in the notice of proposed rulemaking
published on August 5, 2013, and will not be restated here. See 78 FR
42480. The public comment period for this proposed rule ended on
September 4, 2013. The EPA did not receive any comments on the
proposal.
II. Final Action
The EPA is approving the second 10-year limited maintenance plan
for Thurston County submitted by Washington State on July 1, 2013.
Washington's submittal also included a request to approve state
regulatory
[[Page 61189]]
updates to the original control measures included in Chapter 173-433
Washington Administrative Code (WAC) as well as corresponding local
Olympic Region Clean Air Agency regulations. The EPA is approving these
regulatory changes, as well as other minor corrections described in the
EPA's proposed rule, because these changes strengthen the SIP.
III. Statutory and Executive Order Reviews
Under the CAA, 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 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 Order
12866 (58 FR 51735, October 4, 1993);
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 the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because it
will not impose substantial direct costs on tribal governments or
preempt tribal law. The SIP is not approved to apply in Indian country
located in the State, except for non-trust land within the exterior
boundaries of the Puyallup Indian Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe of Indians Settlement Act of
1989, 25 U.S.C. 1773, Congress explicitly provided state and local
agencies in Washington authority over activities on non-trust lands
within the 1873 Survey Area and the EPA is therefore approving this SIP
on such lands.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 2, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 12, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. Section 52.2470 is amended:
0
a. In paragraph (c) Table 1--Washington Department of Ecology
Regulations by:
0
i. Revising entries 173-433-030 through 173-433-120;
0
ii. Adding in numerical order entry 173-433-140;
0
iii. Revising entry 173-433-150; and
0
iv. Removing entries 173-433-170 and 173-433-200;
0
b. In paragraph (c) by adding a table at the end titled ``TABLE 8--
Olympic Region Clean Air Agency Regulations'' with the entries 6.2.3,
6.2.6, 6.2.7, and 8.1.1 through 8.1.8;
0
c. In paragraph (e) by
0
i. Removing the existing table heading ``State of Washington
Nonregulatory Provisions and Quasi-Regulatory Measures'' and replacing
it with ``Table 2--Attainment, Maintenance, and Other Plans''
respectively;
0
ii. Adding a table after the introductory text titled ``Table 1--
Approved but not incorporated by reference statutes and regulations'';
and
0
ii. Adding an entry in the newly designated Table 2--Attainment,
Maintenance, and Other Plans with entry ``Particulate Matter
(PM10) 2nd 10-year Limited Maintenance Plan'' at the end of
the section with the heading ``Attainment and Maintenance Planning--
Particulate Matter.''
The revised and added text reads as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
[[Page 61190]]
Table 1--Washington Department of Ecology Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval Explanations
date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-433--Solid Fuel Burning Device Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-433-030.................. Definitions..... 4/20/91 10/3/13 .................................
[Insert page
number where
the document
begins].
173-433-100.................. Emission 3/6/93 10/3/13 .................................
Performance [Insert page
Standards. number where
the document
begins].
173-433-110.................. Opacity 3/6/93 10/3/13 .................................
Standards. [Insert page
number where
the document
begins].
173-433-120.................. Prohibited Fuel 4/20/91 10/3/13 .................................
Types. [Insert page
number where
the document
begins].
* * * * * * *
173-433-140.................. Impaired Air 4/20/91 10/3/13 .................................
Quality [Insert page
Criteria. number where
the document
begins].
173-433-150.................. Curtailment..... 4/20/91 10/3/13 .................................
[Insert page
number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Table 8--Olympic Region Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval Explanations
date date
----------------------------------------------------------------------------------------------------------------
Rule 6.2 Outdoor Burning
----------------------------------------------------------------------------------------------------------------
6.2.3........................ No Residential 2/4/12 10/3/13 [Insert Only as it applies to the cities
or Land page number of Olympia, Lacey, and Tumwater.
Clearing where the
Burning. document
begins].
6.2.6........................ Curtailment..... 3/18/11 10/3/13 [Insert
page number
where the
document
begins].
6.2.7........................ Recreational 3/18/11 10/3/13 [Insert
Burning. page number
where the
document
begins].
----------------------------------------------------------------------------------------------------------------
Rule 8.1 Wood Heating
----------------------------------------------------------------------------------------------------------------
8.1.1........................ Definitions..... 5/22/10 10/3/13 [Insert
page number
where the
document
begins].
8.1.2 (b) and (c)............ General Emission 5/22/10 10/3/13 [Insert
Standards. page number
where the
document
begins].
8.1.3........................ Prohibited Fuel 5/22/10 10/3/13 [Insert
Types. page number
where the
document
begins].
8.1.4........................ Curtailment..... 5/22/10 10/3/13 [Insert
page number
where the
document
begins].
8.1.5........................ Exceptions...... 5/22/10 10/3/13 [Insert
page number
where the
document
begins].
8.1.7........................ Sale and 5/22/10 10/3/13 [Insert
Installation of page number
Uncertified where the
Woodstoves. document
begins].
8.1.8........................ Disposal of 5/22/10 10/3/13 [Insert .................................
uncertified page number
woodstoves. where the
document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 61191]]
Table 1--Approved But Not Incorporated by Reference Statutes and Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval Explanations
date date
----------------------------------------------------------------------------------------------------------------
Washington Department of Ecology Regulations
----------------------------------------------------------------------------------------------------------------
173-433-200.................. Regulatory 10/18/90 1/15/93, 58 FR
Actions and 4578.
Penalties.
----------------------------------------------------------------------------------------------------------------
Olympic Region Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
8.1.6........................ Penalties....... 5/22/10 10/3/13 [Insert
page number
where the
document
begins].
----------------------------------------------------------------------------------------------------------------
Table 2--Attainment, Maintenance, And Other Plans
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State EPA approval
Name of SIP provision nonattainment submittal date Comments
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Planning--Particulate Matter
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Particulate Matter (PM10) 2nd Thurston County. 7/1/13 10/3/13 [Insert
10-year Limited Maintenance page number
Plan. where the
document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-23511 Filed 10-2-13; 8:45 am]
BILLING CODE 6560-50-P