Approval and Promulgation of Air Quality Implementation Plans; Washington; Update to Materials Incorporated by Reference, 72548-72551 [2014-28588]
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Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Rules and Regulations
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This rule will not result in an
annual effect on the economy of
$100,000,000 or more; a major increase
in costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets. Inmate smoking has
been gradually decreasing in Bureau
facilities since publication of the final
rule in 2004 (see 69 FR 13737, Mar. 24,
2004), which restricted smoking to
authorized outdoor areas except for
authorized religious activities, and
allowed Wardens to choose, with
Regional Director concurrence, not to
designate smoking areas at all for
general inmate use (except for
authorized religious activity). The
determination to remove tobacco
products from sale in the inmate
commissaries likewise occurred several
years ago when it became apparent that
inmate smoking was decreasing.
Therefore, the economic impact is
expected to be minimal.
List of Subjects in 28 CFR Part 551
Prisoners.
551.160 Purpose and scope.
551.161 Definitions.
551.162 Smoking generally prohibited.
551.163 Possession of smoking apparatus
and tobacco prohibited.
§ 551.160
Purpose and scope.
To advance towards becoming a clean
air environment and to protect the
health and safety of staff and inmates,
the Bureau of Prisons will restrict areas
and circumstances where smoking is
permitted within its institutions and
offices.
§ 551.161
Definitions.
For the purposes of this subpart,
smoking is defined as inhaling the
smoke of any substance through the use
of smoking apparatus including, but not
limited to, cigars, cigarettes, or pipes.
§ 551.162
Smoking generally prohibited.
Smoking is generally prohibited in
and on the grounds of Bureau
institutions and offices, with the
following two exceptions:
(a) Smoking is permitted as part of an
authorized inmate religious activity; and
(b) For Bureau staff and official
visitors, smoking is permitted only in
smoking areas designated by the
Warden.
§ 551.163 Possession of smoking
apparatus and tobacco prohibited.
Possession of smoking apparatus and
tobacco in any form is prohibited for
inmates, unless as part of an authorized
inmate religious activity.
Charles E. Samuels, Jr.,
Director, Bureau of Prisons.
Under rulemaking authority vested in
the Attorney General in 5 U.S.C. 301; 28
U.S.C. 509, 510 and delegated to the
Director, Bureau of Prisons in 28 CFR
0.96, we amend 28 CFR part 551 as set
forth below:
[FR Doc. 2014–28620 Filed 12–5–14; 8:45 am]
Subchapter C—Institutional
Management
40 CFR Part 52
1. The authority citation for 28 CFR
part 551 continues to read as follows:
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■
Authority: 5 U.S.C. 301; 18 U.S.C. 1512,
3621, 3622, 3624, 4001, 4005, 4042, 4081,
4082 (Repealed in part as to offenses
committed on or after November 1, 1987),
4161–4166 (Repealed as to offenses
committed on or after November 1, 1987),
5006–5024 (Repealed October 12, 1984 as to
offenses committed after that date), 5039; 28
U.S.C. 509, 510; Pub. L. 99–500 (sec. 209);
Attorney General’s May 1, 1995 Guidelines
for Victim and Witness Assistance.
2. Revise subpart N to read as follows:
Subpart N—Smoking/No Smoking
Areas
Sec.
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R10–OAR–2014–0790; FRL–9918–76–
Region 10]
PART 551—MISCELLANEOUS
■
BILLING CODE 4410–05–P
Approval and Promulgation of Air
Quality Implementation Plans;
Washington; Update to Materials
Incorporated by Reference
Environmental Protection
Agency.
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Washington State
Implementation Plan (SIP). The
regulations affected by this update have
been previously submitted by the
Washington State Department of
Ecology (Ecology) and approved by the
SUMMARY:
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EPA. In this action, the EPA is also
notifying the public of a correction to a
typographical error the IBR tables. This
update affects the SIP materials that are
available for public inspection at the
National Archives and Records
Administration (NARA), the Air and
Radiation Docket and Information
Center located at EPA Headquarters in
Washington, DC, and the EPA Regional
Office.
DATES: This action is effective December
8, 2014.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 10, Office of
Air, Waste, and Toxics (AWT–150),
1200 Sixth Avenue, Seattle, WA 98101;
the Air and Radiation Docket and
Information Center, Environmental
Protection Agency, 1301 Constitution
Avenue NW., Room Number 3334, EPA
West Building, Washington, DC 20460;
or the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, EPA Region 10, (206) 553–0256,
hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, the EPA from time to time,
must take action on SIP revisions
containing new and/or revised
regulations as being part of the SIP. On
May 22, 1997, the EPA revised the
procedures for incorporating by
reference Federally-approved SIPs, as a
result of consultations between the EPA
and the Office of the Federal Register
(OFR) (62 FR 27968). The description of
the revised SIP document, IBR
procedures and ‘‘Identification of plan’’
format are discussed in further detail in
the May 22, 1997 Federal Register
document. On March 20, 2013, the EPA
published a Federal Register beginning
the new IBR procedure for Washington
(78 FR 17108).
Since the publication of the last IBR
update, the EPA approved into the
Washington SIP the regulatory changes
listed below. The EPA also reorganized
the content and order of the tables
contained in 40 CFR 52.2470 paragraph
(c) ‘‘EPA approved regulations’’ in order
to acknowledge the EPA’s approval of
Washington Administrative Code
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(WAC) 173–400–020 which divides
implementation of portions of the
Washington SIP on a jurisdictional
basis, with a corresponding effect on the
air program agencies listed in Tables 4
through 10. This division of the
Washington SIP on a jurisdictional basis
is described in more detail in a final
rulemaking published October 3, 2014
(79 FR 59653).
A. Added Regulations
Table 1—Regulations Approved
Statewide
• Washington Administrative Code,
Chapter 173–433—Solid Fuel Burning
Device Standards, sections 173–433–140
(Criteria for Impaired Air Quality Burn
Bans) and 173–433–155 (Criteria for
Prohibiting the Use of Solid Fuel
Burning Devices that Are Not Certified).
For more information see 79 FR 26628
(May 9, 2014).
• Washington Administrative Code,
Chapter 173–476—Ambient Air Quality
Standards, sections 173–476–010
(Purpose), 173–476–020 (Applicability),
173–476–030 (Definitions), 173–476–
100 (Ambient Air Quality Standard for
PM–10), 173–476–110 (Ambient Air
Quality Standards for PM–2.5), 173–
476–120 (Ambient Air Quality Standard
for Lead (Pb)), 173–476–130 (Ambient
Air Quality Standards for Sulfur Oxides
(Sulfur Dioxide)), 173–476–140
(Ambient Air Quality Standards for
Nitrogen Oxides (Nitrogen Dioxide)),
173–476–150 (Ambient Air Quality
Standard for Ozone), 173–476–160
(Ambient Air Quality Standards for
Carbon Monoxide), 173–476–170
(Monitor Siting Criteria), 173–476–180
(Reference Conditions), and 173–476–
900 (Table of Standards). For more
information see 79 FR 12077 (March 4,
2014).
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Table 2—Additional Regulations
Approved for Washington Department
of Ecology (Ecology) Direct Jurisdiction
• Washington Administrative Code,
Chapter 173–400—General Regulations
for Air Pollution Sources, sections 173–
400–036 (Relocation of Portable
Sources), 173–400–111 (Processing
Notice of Construction Applications for
Sources, Stationary Sources and
Portable Sources), 173–400–118
(Designation of Class I, II, and III Areas),
173–400–175 (Public Information), and
173–400–560 (General Order of
Approval). For more information see 79
FR 59653 (October 3, 2014).
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Table 6—Additional Regulations
Approved for the Olympic Region Clean
Air Agency (Orcaa) Jurisdiction
• Rule 6.2 Outdoor Burning, sections
6.2.3 (No Residential or Land Clearing
Burning), 6.2.6 (Curtailment), and 6.2.7
(Recreational Burning). For more
information see 78 FR 61188 (October 3,
2013).
• Rule 8.1 Wood Heating, sections
8.1.1 (Definitions), 8.1.2 (b) and (c)
(General Emission Standards), 8.1.3
(Prohibited Fuel Types), 8.1.4
(Curtailment), 8.1.5 (Exceptions), 8.1.7
(Sale and Installation of Uncertified
Woodstoves), and 8.1.8 (Disposal of
Uncertified Woodstoves). For more
information see 78 FR 61188 (October 3,
2013).
Table 7—Additional Regulations
Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
• Regulation I—Article 13: Solid Fuel
Burning Device Standards, section 13.06
(Emission Performance Standards). For
more information see 78 FR 32131 (May
29, 2013).
B. Revised Regulations
Table 1—Regulations Approved
Statewide
• Washington Administrative Code,
Chapter 173–433—Solid Fuel Burning
Device Standards, sections 173–433–010
(Purpose), 173–433–030 (Definitions),
173–433–100 (Emission Performance
Standards), 173–433–110 (Opacity
Standards), 173–433–120 (Prohibited
Fuel Types), and 173–433–150
(Restrictions on Operation of Solid Fuel
Burning Devices). For more information
see 79 FR 26628 (May 9, 2014).
Table 2—Additional Regulations
Approved for Washington Department
of Ecology (Ecology) Direct Jurisdiction
• Washington Administrative Code,
Chapter 173–400—General Regulations
for Air Pollution Sources, sections 173–
400–020 (Applicability), 173–400–030
(Definitions), 173–400–040 (General
Standards for Maximum Emissions),
173–400–050 (Emission Standards for
Combustion and Incineration Units),
173–400–060 (Emission Standards for
General Process Units), 173–400–070
(Emission Standards for Certain Source
Categories), 173–400–081 (Startup and
Shutdown), 173–400–091 (Voluntary
Limits on Emissions), 173–400–105
(Records, Monitoring, and Reporting),
173–400–110 (New Source Review
(NSR) for Sources and Portable
Sources), 173–400–112 (Requirements
for New Sources in Nonattainment
Areas—Review for Compliance with
Regulations), 173–400–113 (New
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Sources in Attainment or Unclassifiable
Areas—Review for Compliance with
Regulations), 173–400–151 (Retrofit
Requirements for Visibility Protection),
173–400–171 (Opportunity for Public
Comment), and 173–400–200
(Creditable Stack Height and Dispersion
Techniques). For more information see
79 FR 59653 (October 3, 2014).
Table 7—Additional Regulations
Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
• Regulation I—Article 12: Standards
of Performance for Continuous Emission
Monitoring Systems, section 12.03
(Continuous Emission Monitoring
Systems). For more information see 78
FR 57073 (September 17, 2013).
• Regulation I—Article 13: Solid Fuel
Burning Device Standards, sections
13.01 (Policy and Purpose), 13.02
(Definitions), 13.03 (Opacity Standards),
13.04 (Allowed and Prohibited Fuel
Types), 13.05 (Restrictions on Operation
of Solid Fuel Burning Devices), and
13.07 (Prohibitions on Wood Stoves that
are not Certified Wood Stoves). For
more information see 78 FR 32131 (May
29, 2013).
• Regulation II—Article 1: Purpose,
Policy, Short Title, and Definitions,
section 1.05 (Special Definitions). For
more information see 78 FR 57073
(September 17, 2013).
• Regulation II—Article 3:
Miscellaneous Volatile Organic
Compound Emission Standards, section
3.04 (Motor Vehicle and Mobile
Equipment Coating Operations). For
more information see 78 FR 57073
(September 17, 2013).
C. Removed Regulations
Table 1—Regulations Approved
Statewide
• Washington Administrative Code,
Chapter 173–433—Solid Fuel Burning
Device Standards, section 173–433–170
(Retail Sales Fee). For more information
see 79 FR 26628 (May 9, 2014).
• Washington Administrative Code,
Chapter 173–470—Ambient Air Quality
Standards for Particulate Matter,
sections 173–470–010 (Purpose), 173–
470–020 (Applicability), 173–470–030
(Definitions), 173–470–100 (Ambient
Air Quality Standards), and 173–470–
160 (Reporting of Data). For more
information see 79 FR 12077 (March 4,
2014).
Table 2—Additional Regulations
Approved for Washington Department
of Ecology (Ecology) Direct Jurisdiction
• Washington Administrative Code,
Chapter 173–400—General Regulations
for Air Pollution Sources, section 173–
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400–100 (Registration). For more
information see 79 FR 59653 (October 3,
2014).
Table 7—Additional Regulations
Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
• Regulation II—Article 3:
Miscellaneous Volatile Organic
Compound Emission Standards, section
3.11 (Coatings and Ink Manufacturing).
For more information see 78 FR 57073
(September 17, 2013).
D. Approved, But Not Incorporated by
Reference Regulations
As described in the proposed
approval for the Thurston County
second 10-year coarse particulate matter
(PM10) limited maintenance plan, the
EPA reviews and approves state
submissions to ensure they provide
adequate enforcement authority (78 FR
47259, August 5, 2013). However,
regulations describing agency
enforcement authority are not
incorporated into the SIP to avoid
potential conflict with the EPA’s
independent authorities. The EPA
originally erred in incorporating WAC
173–433–200, ‘‘Regulatory Actions and
Penalties’’ by reference into the SIP. In
the final approval of the Thurston
County Second 10-year PM10 Limited
Maintenance Plan the EPA corrected
this error by moving WAC 173–433–200
from 40 CFR 52.2470(c) EPA approved
regulations to 40 CFR 52.2470(e) EPA
Approved Nonregulatory Provisions and
Quasi-Regulatory Measures (78 FR
61188, October 3, 2013).
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E. Source-Specific Requirements
The EPA modified 40 CFR 52.2470(d)
to include the following source-specific
requirements: BP Cherry Point Refinery
(Administrative Order No. 7836), Alcoa
Intalco Works (Administrative Order
No. 7837, Revision 1), Tesoro Refining
and Marketing Company
(Administrative Order 7838), Port
Townsend Paper Corporation
(Administrative Order No. 7839,
Revision 1), Lafarge North America, Inc.
Seattle, Wa. (Administrative Revised
Order No. 7841), and Weyerhaeuser
Corporation, Longview, Wa.
(Administrative Order No. 7840). For
more information see 79 FR 33438 (June
11, 2014).
II. EPA Action
In this action, the EPA is announcing
the update to the IBR material as of
October 7, 2014. The EPA is also
correcting a typographical error in
paragraph 52.2470(c). In ‘‘Table 2—
Additional Regulations Approved for
Washington Department of Ecology
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(Ecology) Direct Jurisdiction’’ the EPA is
correcting the entry for WAC 173–400–
050 to add 173–400–050(2) as an
exception in the ‘‘Explanations’’
column.
The EPA has determined that today’s
rule falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act (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 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 (Public Law 104–4);
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• 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
this action does not involve technical
standards; and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any
Indian reservation land in Washington
except as specifically noted below and
is also not approved to apply in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law. Washington’s SIP is
approved to apply on non-trust land
within the exterior boundaries of the
Puyallup Indian Reservation, also
known as the 1873 Survey Area. Under
the Puyallup Tribe of Indians
Settlement Act of 1989, 25 U.S.C. 1773,
Congress explicitly provided state and
local agencies in Washington authority
over activities on non-trust lands within
the 1873 Survey Area.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this rule 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. This rule is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
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C. Petitions for Judicial Review
The EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the
Washington SIP compilations had
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, the EPA sees
no need in this action to reopen the 60day period for filing such petitions for
judicial review for this ‘‘Identification of
plan’’ update action for Washington.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 22, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
(2)(i) EPA Region 10 certifies that the
rules and regulations provided by the
EPA at the addresses in paragraph (b)(3)
of this section are an exact duplicate of
■ 1. The authority for citation for part 52
the officially promulgated State rules
continues to read as follows:
and regulations which have been
approved as part of the State
Authority: 42 U.S.C. 7401 et seq.
Implementation Plan as of October 7,
2014.
Subpart WW—Washington
(ii) EPA Region 10 certifies that the
■ 2. Section 52.2470 is amended by:
following source-specific requirements
■ a. Revising paragraph (b);
provided by the EPA at the addresses in
paragraph (b)(3) of this section are an
■ b. Revising paragraph (c), entry 173–
exact duplicate of the officially
400–050 in Table 2—Additional
promulgated State source-specific
Regulations Approved for Washington
requirements which have been
Department of Ecology (Ecology) Direct
approved as part of the State
Jurisdiction.
Implementation Plan as of October 7,
The revised text read as follows:
2014.
§ 52.2470 Identification of plan.
(3) Copies of the materials
*
*
*
*
*
incorporated by reference may be
(b) Incorporation by reference.
inspected at the EPA Region 10 Office
at 1200 Sixth Ave, Seattle, WA 98101.
(1) Material listed as incorporated by
For further information, call (206) 553–
reference in paragraphs (c) and (d) of
0256; the EPA Air and Radiation Docket
this section with an EPA approved date
and Information Center, Room Number
of October 7, 2014 was approved for
3334, EPA West Building, 1301
incorporation by reference by the
Constitution Avenue NW., Washington,
Director of the Federal Register in
DC 20460. For further information, call
accordance with 5 U.S.C. 552(a) and 1
(202) 566–1742; or at the National
CFR part 51. The material incorporated
is as it exists on the date of the approval, Archives and Records Administration
and notice of any change in the material (NARA). For information on the
availability of this material at NARA,
will be published in the Federal
call 202–741–6030, or go to: https://
Register Entries in paragraphs (c) and
www.archives.gov/federal_register/code
(d) of this section with EPA approval
dates on or after October 7, 2014 will be _of_federal_regulations/ibr_locations.
html.
incorporated by reference in the next
(c) * * *
update to the SIP compilation.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT
JURISDICTION
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction. These regulations also apply statewide for facilities subject to the applicability sections of WAC 173–405–012, WAC 173–410–012,
and WAC 173–415–012.]
State citation
State effective
date
Title/subject
EPA approval date
Explanations
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
*
173–400–050 .................
*
*
Emission Standards for
Combustion and Incineration Units.
*
*
*
*
*
*
12/29/12
*
*
*
10/3/14, 79 FR 59653 ..
*
*
Except: 173–400–050(2);
173–400–050(5).
*
*
*
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173–400–050(4);
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]]>Agencies
[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Rules and Regulations]
[Pages 72548-72551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28588]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2014-0790; FRL-9918-76-Region 10]
Approval and Promulgation of Air Quality Implementation Plans;
Washington; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency.
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Washington
State Implementation Plan (SIP). The regulations affected by this
update have been previously submitted by the Washington State
Department of Ecology (Ecology) and approved by the EPA. In this
action, the EPA is also notifying the public of a correction to a
typographical error the IBR tables. This update affects the SIP
materials that are available for public inspection at the National
Archives and Records Administration (NARA), the Air and Radiation
Docket and Information Center located at EPA Headquarters in
Washington, DC, and the EPA Regional Office.
DATES: This action is effective December 8, 2014.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 10, Office of Air, Waste, and
Toxics (AWT-150), 1200 Sixth Avenue, Seattle, WA 98101; the Air and
Radiation Docket and Information Center, Environmental Protection
Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West
Building, Washington, DC 20460; or the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, (206) 553-
0256, hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, the EPA from time
to time, must take action on SIP revisions containing new and/or
revised regulations as being part of the SIP. On May 22, 1997, the EPA
revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between the EPA and the
Office of the Federal Register (OFR) (62 FR 27968). The description of
the revised SIP document, IBR procedures and ``Identification of plan''
format are discussed in further detail in the May 22, 1997 Federal
Register document. On March 20, 2013, the EPA published a Federal
Register beginning the new IBR procedure for Washington (78 FR 17108).
Since the publication of the last IBR update, the EPA approved into
the Washington SIP the regulatory changes listed below. The EPA also
reorganized the content and order of the tables contained in 40 CFR
52.2470 paragraph (c) ``EPA approved regulations'' in order to
acknowledge the EPA's approval of Washington Administrative Code
[[Page 72549]]
(WAC) 173-400-020 which divides implementation of portions of the
Washington SIP on a jurisdictional basis, with a corresponding effect
on the air program agencies listed in Tables 4 through 10. This
division of the Washington SIP on a jurisdictional basis is described
in more detail in a final rulemaking published October 3, 2014 (79 FR
59653).
A. Added Regulations
Table 1--Regulations Approved Statewide
Washington Administrative Code, Chapter 173-433--Solid
Fuel Burning Device Standards, sections 173-433-140 (Criteria for
Impaired Air Quality Burn Bans) and 173-433-155 (Criteria for
Prohibiting the Use of Solid Fuel Burning Devices that Are Not
Certified). For more information see 79 FR 26628 (May 9, 2014).
Washington Administrative Code, Chapter 173-476--Ambient
Air Quality Standards, sections 173-476-010 (Purpose), 173-476-020
(Applicability), 173-476-030 (Definitions), 173-476-100 (Ambient Air
Quality Standard for PM-10), 173-476-110 (Ambient Air Quality Standards
for PM-2.5), 173-476-120 (Ambient Air Quality Standard for Lead (Pb)),
173-476-130 (Ambient Air Quality Standards for Sulfur Oxides (Sulfur
Dioxide)), 173-476-140 (Ambient Air Quality Standards for Nitrogen
Oxides (Nitrogen Dioxide)), 173-476-150 (Ambient Air Quality Standard
for Ozone), 173-476-160 (Ambient Air Quality Standards for Carbon
Monoxide), 173-476-170 (Monitor Siting Criteria), 173-476-180
(Reference Conditions), and 173-476-900 (Table of Standards). For more
information see 79 FR 12077 (March 4, 2014).
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
Washington Administrative Code, Chapter 173-400--General
Regulations for Air Pollution Sources, sections 173-400-036 (Relocation
of Portable Sources), 173-400-111 (Processing Notice of Construction
Applications for Sources, Stationary Sources and Portable Sources),
173-400-118 (Designation of Class I, II, and III Areas), 173-400-175
(Public Information), and 173-400-560 (General Order of Approval). For
more information see 79 FR 59653 (October 3, 2014).
Table 6--Additional Regulations Approved for the Olympic Region Clean
Air Agency (Orcaa) Jurisdiction
Rule 6.2 Outdoor Burning, sections 6.2.3 (No Residential
or Land Clearing Burning), 6.2.6 (Curtailment), and 6.2.7 (Recreational
Burning). For more information see 78 FR 61188 (October 3, 2013).
Rule 8.1 Wood Heating, sections 8.1.1 (Definitions), 8.1.2
(b) and (c) (General Emission Standards), 8.1.3 (Prohibited Fuel
Types), 8.1.4 (Curtailment), 8.1.5 (Exceptions), 8.1.7 (Sale and
Installation of Uncertified Woodstoves), and 8.1.8 (Disposal of
Uncertified Woodstoves). For more information see 78 FR 61188 (October
3, 2013).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
Regulation I--Article 13: Solid Fuel Burning Device
Standards, section 13.06 (Emission Performance Standards). For more
information see 78 FR 32131 (May 29, 2013).
B. Revised Regulations
Table 1--Regulations Approved Statewide
Washington Administrative Code, Chapter 173-433--Solid
Fuel Burning Device Standards, sections 173-433-010 (Purpose), 173-433-
030 (Definitions), 173-433-100 (Emission Performance Standards), 173-
433-110 (Opacity Standards), 173-433-120 (Prohibited Fuel Types), and
173-433-150 (Restrictions on Operation of Solid Fuel Burning Devices).
For more information see 79 FR 26628 (May 9, 2014).
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
Washington Administrative Code, Chapter 173-400--General
Regulations for Air Pollution Sources, sections 173-400-020
(Applicability), 173-400-030 (Definitions), 173-400-040 (General
Standards for Maximum Emissions), 173-400-050 (Emission Standards for
Combustion and Incineration Units), 173-400-060 (Emission Standards for
General Process Units), 173-400-070 (Emission Standards for Certain
Source Categories), 173-400-081 (Startup and Shutdown), 173-400-091
(Voluntary Limits on Emissions), 173-400-105 (Records, Monitoring, and
Reporting), 173-400-110 (New Source Review (NSR) for Sources and
Portable Sources), 173-400-112 (Requirements for New Sources in
Nonattainment Areas--Review for Compliance with Regulations), 173-400-
113 (New Sources in Attainment or Unclassifiable Areas--Review for
Compliance with Regulations), 173-400-151 (Retrofit Requirements for
Visibility Protection), 173-400-171 (Opportunity for Public Comment),
and 173-400-200 (Creditable Stack Height and Dispersion Techniques).
For more information see 79 FR 59653 (October 3, 2014).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
Regulation I--Article 12: Standards of Performance for
Continuous Emission Monitoring Systems, section 12.03 (Continuous
Emission Monitoring Systems). For more information see 78 FR 57073
(September 17, 2013).
Regulation I--Article 13: Solid Fuel Burning Device
Standards, sections 13.01 (Policy and Purpose), 13.02 (Definitions),
13.03 (Opacity Standards), 13.04 (Allowed and Prohibited Fuel Types),
13.05 (Restrictions on Operation of Solid Fuel Burning Devices), and
13.07 (Prohibitions on Wood Stoves that are not Certified Wood Stoves).
For more information see 78 FR 32131 (May 29, 2013).
Regulation II--Article 1: Purpose, Policy, Short Title,
and Definitions, section 1.05 (Special Definitions). For more
information see 78 FR 57073 (September 17, 2013).
Regulation II--Article 3: Miscellaneous Volatile Organic
Compound Emission Standards, section 3.04 (Motor Vehicle and Mobile
Equipment Coating Operations). For more information see 78 FR 57073
(September 17, 2013).
C. Removed Regulations
Table 1--Regulations Approved Statewide
Washington Administrative Code, Chapter 173-433--Solid
Fuel Burning Device Standards, section 173-433-170 (Retail Sales Fee).
For more information see 79 FR 26628 (May 9, 2014).
Washington Administrative Code, Chapter 173-470--Ambient
Air Quality Standards for Particulate Matter, sections 173-470-010
(Purpose), 173-470-020 (Applicability), 173-470-030 (Definitions), 173-
470-100 (Ambient Air Quality Standards), and 173-470-160 (Reporting of
Data). For more information see 79 FR 12077 (March 4, 2014).
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
Washington Administrative Code, Chapter 173-400--General
Regulations for Air Pollution Sources, section 173-
[[Page 72550]]
400-100 (Registration). For more information see 79 FR 59653 (October
3, 2014).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
Regulation II--Article 3: Miscellaneous Volatile Organic
Compound Emission Standards, section 3.11 (Coatings and Ink
Manufacturing). For more information see 78 FR 57073 (September 17,
2013).
D. Approved, But Not Incorporated by Reference Regulations
As described in the proposed approval for the Thurston County
second 10-year coarse particulate matter (PM10) limited
maintenance plan, the EPA reviews and approves state submissions to
ensure they provide adequate enforcement authority (78 FR 47259, August
5, 2013). However, regulations describing agency enforcement authority
are not incorporated into the SIP to avoid potential conflict with the
EPA's independent authorities. The EPA originally erred in
incorporating WAC 173-433-200, ``Regulatory Actions and Penalties'' by
reference into the SIP. In the final approval of the Thurston County
Second 10-year PM10 Limited Maintenance Plan the EPA
corrected this error by moving WAC 173-433-200 from 40 CFR 52.2470(c)
EPA approved regulations to 40 CFR 52.2470(e) EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures (78 FR 61188,
October 3, 2013).
E. Source-Specific Requirements
The EPA modified 40 CFR 52.2470(d) to include the following source-
specific requirements: BP Cherry Point Refinery (Administrative Order
No. 7836), Alcoa Intalco Works (Administrative Order No. 7837, Revision
1), Tesoro Refining and Marketing Company (Administrative Order 7838),
Port Townsend Paper Corporation (Administrative Order No. 7839,
Revision 1), Lafarge North America, Inc. Seattle, Wa. (Administrative
Revised Order No. 7841), and Weyerhaeuser Corporation, Longview, Wa.
(Administrative Order No. 7840). For more information see 79 FR 33438
(June 11, 2014).
II. EPA Action
In this action, the EPA is announcing the update to the IBR
material as of October 7, 2014. The EPA is also correcting a
typographical error in paragraph 52.2470(c). In ``Table 2--Additional
Regulations Approved for Washington Department of Ecology (Ecology)
Direct Jurisdiction'' the EPA is correcting the entry for WAC 173-400-
050 to add 173-400-050(2) as an exception in the ``Explanations''
column.
The EPA has determined that today's rule falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedures Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation and section 553(d)(3)
which allows an agency to make a rule effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's rule simply codifies provisions which are already in
effect as a matter of law in Federal and approved State programs. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (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 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 (Public Law 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 this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law. Washington's SIP is approved to apply on non-trust land within the
exterior boundaries of the Puyallup Indian Reservation, also known as
the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and
local agencies in Washington authority over activities on non-trust
lands within the 1873 Survey Area.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
[[Page 72551]]
C. Petitions for Judicial Review
The EPA has also determined that the provisions of section
307(b)(1) of the CAA pertaining to petitions for judicial review are
not applicable to this action. Prior EPA rulemaking actions for each
individual component of the Washington SIP compilations had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, the
EPA sees no need in this action to reopen the 60-day period for filing
such petitions for judicial review for this ``Identification of plan''
update action for Washington.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 22, 2014.
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 for 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 by:
0
a. Revising paragraph (b);
0
b. Revising paragraph (c), entry 173-400-050 in Table 2--Additional
Regulations Approved for Washington Department of Ecology (Ecology)
Direct Jurisdiction.
The revised text read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(b) Incorporation by reference.
(1) Material listed as incorporated by reference in paragraphs (c)
and (d) of this section with an EPA approved date of October 7, 2014
was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
The material incorporated is as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register Entries in paragraphs (c) and (d) of this section with
EPA approval dates on or after October 7, 2014 will be incorporated by
reference in the next update to the SIP compilation.
(2)(i) EPA Region 10 certifies that the rules and regulations
provided by the EPA at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules and regulations which have been approved as part of the State
Implementation Plan as of October 7, 2014.
(ii) EPA Region 10 certifies that the following source-specific
requirements provided by the EPA at the addresses in paragraph (b)(3)
of this section are an exact duplicate of the officially promulgated
State source-specific requirements which have been approved as part of
the State Implementation Plan as of October 7, 2014.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office at 1200 Sixth Ave, Seattle, WA
98101. For further information, call (206) 553-0256; the EPA Air and
Radiation Docket and Information Center, Room Number 3334, EPA West
Building, 1301 Constitution Avenue NW., Washington, DC 20460. For
further information, call (202) 566-1742; or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) * * *
Table 2--Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat,
Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities
subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction. These regulations also apply
statewide for facilities subject to the applicability sections of WAC 173-405-012, WAC 173-410-012, and WAC 173-
415-012.]
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400_General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-400-050.................... Emission Standards 12/29/12 10/3/14, 79 FR Except: 173-400-
for Combustion 59653. 050(2); 173-400-
and Incineration 050(4); 173-400-
Units. 050(5).
* * * * * * *
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* * * * *
[FR Doc. 2014-28588 Filed 12-5-14; 8:45 am]
BILLING CODE 6560-50-P
