Approval and Promulgation of Implementation Plans; Washington: Infrastructure Requirements for the 2008 Ozone and 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 1849-1851 [2015-00013]
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implement earlier, and to specify the
conditions for early implementation.
On October 23, 2014, the Department
issued final regulations in 34 CFR part
685 for the PLUS Loan Program (79 FR
63317). In the preamble to the final
regulations, the Secretary announced
the Department’s intent to implement
the new Direct PLUS Loan Program
regulations as soon as possible.
Implementation Date of These
Regulations
The Secretary is exercising the
authority under section 482(c) of the
HEA to designate the following
amended regulations in 34 CFR part 685
for early implementation beginning on
March 29, 2015:
(1) Section 685.200(b)(5); and
(2) Section 685.200(c).
The Secretary will implement the
provisions in 34 CFR 685.200(b)(5) and
34 CFR 685.200(c) for student and
parent PLUS loan applicants beginning
on March 29, 2015, as part of the
Department’s Common Origination and
Disbursement (COD) System new award
year release. For all PLUS Loan credit
checks conducted on or after March 29,
2015, the Secretary will use the
standards established in the final
regulations published on October 23,
2014, to determine if an adverse credit
history exists. In addition, the Secretary
will make PLUS Loan counseling
available to borrowers who are
determined to have adverse credit
histories on or after March 29, 2015, but
who qualify for a PLUS Loan due to
extenuating circumstances or by
obtaining an endorser. Finally, while
required only for certain PLUS Loan
applicants, the new PLUS Loan
counseling will be available for all
PLUS Loan borrowers, beginning on
March 29, 2015.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
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You may also access documents of the
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(Catalog of Federal Domestic Assistance
Number does not apply.)
Dated: January 9, 2015.
Arne Duncan,
Secretary of Education.
[FR Doc. 2015–00462 Filed 1–13–15; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2014–0745; FRL–9921–29–
Region 10]
Approval and Promulgation of
Implementation Plans; Washington:
Infrastructure Requirements for the
2008 Ozone and 2010 Nitrogen Dioxide
National Ambient Air Quality
Standards
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is partially approving and
partially disapproving the State
Implementation Plan (SIP) submittal
from Washington, received September
22, 2014, demonstrating that the SIP
meets the infrastructure requirements of
the Clean Air Act (CAA) for the National
Ambient Air Quality Standards
(NAAQS) promulgated for ozone on
March 12, 2008, and nitrogen dioxide
(NO2) on January 22, 2010. The CAA
requires that each state, after a new or
revised NAAQS is promulgated, review
their SIP to ensure that it meets the
infrastructure requirements necessary to
implement the new or revised NAAQS.
Washington certified that the
Washington SIP meets the infrastructure
requirements of the CAA for the 2008
ozone and 2010 NO2 NAAQS, except for
those requirements related to the
Prevention of Significant Deterioration
(PSD) permitting program currently
operated under a Federal
Implementation Plan (FIP), certain
elements of the regional haze program
currently operated under a FIP, and
specific requirements related to
interstate transport which will be
addressed in a separate action. The EPA
has determined that the Washington SIP
is adequate for purposes of the
SUMMARY:
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1849
infrastructure SIP requirements of the
CAA with the exceptions noted above.
The EPA has determined that the SIP
deficiencies related to PSD permitting
and regional haze, however, have been
adequately addressed by the existing
EPA FIPs and, therefore, no further
action is required by Washington or the
EPA for those elements. The EPA will
address the remaining interstate
transport requirements in a separate
action.
DATES: This final rule is effective
February 13, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2014–0745. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) 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
www.regulations.gov or in hard copy at
the Air Programs Unit, Office of Air
Waste and Toxics, EPA Region 10, 1200
Sixth Avenue, Seattle, WA 98101. The
EPA requests that if at all possible, you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information please contact Jeff Hunt at
(206) 553–0256, hunt.jeff@epa.gov, or by
using the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials ‘‘Act’’ or
‘‘CAA’’ mean or refer to the Clean Air
Act, unless the context indicates
otherwise.
(ii) The words ‘‘EPA’’, ‘‘we’’, ‘‘us’’ or
‘‘our’’ mean or refer to the United States
Environmental Protection Agency.
(iii) The initials ‘‘SIP’’ mean or refer
to State Implementation Plan.
(iv) The words ‘‘Washington’’ and
‘‘State’’ mean the State of Washington.
Table of Contents
I. Background Information
II. Response to Comments
II. Final Action
IV. Statutory and Executive Orders Review
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I. Background Information
On July 18, 1997, the EPA
promulgated a new NAAQS for ozone.
The EPA revised the ozone NAAQS to
provide an 8-hour averaging period
which replaced the previous 1-hour
averaging period, and the level of the
NAAQS was changed from 0.12 parts
per million (ppm) to 0.08 ppm (62 FR
38856). Subsequently, on March 12,
2008, the EPA revised the levels of the
primary and secondary 8-hour ozone
standards to 0.075 ppm (73 FR 16436).
The EPA first set standards for NO2 in
1971, setting both a primary standard (to
protect health) and a secondary
standard (to protect the public welfare)
at 53 parts per billion (53 ppb), averaged
annually. The EPA reviewed the
standards in 1985 and 1996, deciding to
retain the standards at the conclusion of
each review. In 2005, the EPA began
another review, resulting in the January
22, 2010, rulemaking to establish an
additional primary NO2 standard at 100
ppb, averaged over one hour (75 FR
6474).
States must submit SIPs meeting the
requirements of CAA sections 110(a)(1)
and (2) within three years after
promulgation of a new or revised
standard. CAA sections 110(a)(1) and (2)
require states to address basic SIP
requirements, including emissions
inventories, monitoring, and modeling
to implement, maintain, and enforce the
standards, so-called ‘‘infrastructure’’
requirements. To help states meet this
statutory requirement, the EPA issued
guidance to address infrastructure SIP
elements generally for all NAAQS,
including the 2008 ozone and 2010 NO2
NAAQS.1 As noted in the guidance
document, to the extent an existing SIP
already meets the CAA section 110(a)(2)
requirements, states may certify that fact
via a letter to the EPA. On September
22, 2014, Washington made a submittal
to the EPA certifying that the current
Washington SIP meets the CAA section
110(a)(1) and (2) infrastructure
requirements for the 2008 ozone and
2010 NO2 NAAQS, except for certain
requirements related to PSD permitting,
regional haze, and interstate transport.
The EPA proposed action on the
submittal on October 17, 2014 (79 FR
62379). The comment period closed on
November 17, 2014.
II. Response to Comments
The EPA received one comment on its
proposal.
1 Stephen D. Page, Director, Office of Air Quality
Planning and Standards. ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1)
and 110(a)(2).’’ Memorandum to EPA Air Division
Directors, Regions 1–10, September 13, 2013.
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Comment: ‘‘I think the EPA should
back of[f] at trying to cripple working
people by closing down COAL and
COAL Fired Boilers. Try stopping other
countries from pollution in the world.’’
Response: The EPA evaluated the
existing Washington SIP to determine if
it meets the CAA section 110(a)(1) and
(2) infrastructure requirements for the
2008 ozone and 2010 NO2 NAAQS.
Neither the EPA nor Washington
proposed new regulations related to coal
or coal fired boilers in this action.
Therefore, this comment is not relevant
to this action and we are finalizing this
partial approval and partial disapproval
of the September 22, 2014, Washington
SIP submittal as originally proposed.
III. Final Action
The EPA is partially approving and
partially disapproving the September
22, 2014, submittal from Washington
demonstrating that the SIP meets the
requirements of sections 110(a)(1) and
(2) of the CAA for the 2008 ozone and
2010 NO2 NAAQS. Specifically, we
have determined that the current EPAapproved Washington SIP meets the
following CAA section 110(a)(2)
infrastructure elements: (A), (B), (C)—
except for those elements covered by the
PSD FIP, (D)(i)(II)—except for those
elements covered by the PSD and
regional haze FIPs, (D)(ii)—except for
those elements covered by the PSD FIP,
(E), (F), (G), (H), (J)—except for those
elements covered by the PSD FIP, (K),
(L), and (M). As discussed in the
proposal for this action, the EPA
anticipates no adverse consequences to
Washington or to sources in the State
resulting from the partial disapproval of
the infrastructure SIP with respect to the
PSD and regional haze FIPs. The EPA,
likewise, anticipates no additional FIP
responsibilities for PSD and regional
haze as a result of the partial
disapproval. Interstate transport
requirements with respect to CAA
section 110(a)(2)(D)(i)(I) for the 2008
ozone and 2010 NO2 NAAQS will be
addressed in a separate action.
IV. Statutory and Executive Orders
Review
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 Clean Air Act. Accordingly, this
action merely approves State law as
meeting Federal requirements and does
not impose additional requirements
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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
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. Consistent with EPA policy, the
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EPA nonetheless provided a
consultation opportunity to the
Puyallup Tribe in a letter dated
September 3, 2013. The EPA did not
receive a request for consultation.
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 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 16, 2015. 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).
Dated: December 18, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
List of Subjects in 40 CFR Part 52
■
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 in
paragraph (e) by adding an entry
entitled ‘‘110(a)(2) Infrastructure
Requirements—2008 Ozone and 2010
Nitrogen Dioxide Standards’’ in Table
2—Attainment, Maintenance, and Other
Plans, at the end of the section with the
heading ‘‘110(a)(2) Infrastructure and
Interstate Transport’’ to read as follows:
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.
§ 52.2470
*
Identification of plan.
*
*
(e) * * *
*
*
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Name of SIP provision
*
State
submittal
date
Applicable geographic
or nonattainment area
*
EPA approval date
*
*
Comments
*
*
*
110(a)(2) Infrastructure and Interstate Transport
*
*
*
110(a)(2) Infrastructure
Statewide ......................
Requirements—2008
Ozone and 2010 Nitrogen Dioxide Standards.
*
*
9/22/14
*
*
1/14/15 [Insert Federal
Register citation].
*
*
*
*
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).
*
*
[FR Doc. 2015–00013 Filed 1–13–15; 8:45 am]
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]]>Agencies
[Federal Register Volume 80, Number 9 (Wednesday, January 14, 2015)]
[Rules and Regulations]
[Pages 1849-1851]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00013]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2014-0745; FRL-9921-29-Region 10]
Approval and Promulgation of Implementation Plans; Washington:
Infrastructure Requirements for the 2008 Ozone and 2010 Nitrogen
Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving the State Implementation Plan
(SIP) submittal from Washington, received September 22, 2014,
demonstrating that the SIP meets the infrastructure requirements of the
Clean Air Act (CAA) for the National Ambient Air Quality Standards
(NAAQS) promulgated for ozone on March 12, 2008, and nitrogen dioxide
(NO2) on January 22, 2010. The CAA requires that each state,
after a new or revised NAAQS is promulgated, review their SIP to ensure
that it meets the infrastructure requirements necessary to implement
the new or revised NAAQS. Washington certified that the Washington SIP
meets the infrastructure requirements of the CAA for the 2008 ozone and
2010 NO2 NAAQS, except for those requirements related to the
Prevention of Significant Deterioration (PSD) permitting program
currently operated under a Federal Implementation Plan (FIP), certain
elements of the regional haze program currently operated under a FIP,
and specific requirements related to interstate transport which will be
addressed in a separate action. The EPA has determined that the
Washington SIP is adequate for purposes of the infrastructure SIP
requirements of the CAA with the exceptions noted above. The EPA has
determined that the SIP deficiencies related to PSD permitting and
regional haze, however, have been adequately addressed by the existing
EPA FIPs and, therefore, no further action is required by Washington or
the EPA for those elements. The EPA will address the remaining
interstate transport requirements in a separate action.
DATES: This final rule is effective February 13, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2014-0745. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) 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 www.regulations.gov or in hard
copy at the Air Programs Unit, Office of Air Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The EPA requests that
if at all possible, you contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to view the hard copy of the
docket. You may view the hard copy of the docket Monday through Friday,
8:00 a.m. to 4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: For information please contact Jeff
Hunt at (206) 553-0256, hunt.jeff@epa.gov, or by using the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials ``Act'' or ``CAA'' mean or refer to the
Clean Air Act, unless the context indicates otherwise.
(ii) The words ``EPA'', ``we'', ``us'' or ``our'' mean or refer to
the United States Environmental Protection Agency.
(iii) The initials ``SIP'' mean or refer to State Implementation
Plan.
(iv) The words ``Washington'' and ``State'' mean the State of
Washington.
Table of Contents
I. Background Information
II. Response to Comments
II. Final Action
IV. Statutory and Executive Orders Review
[[Page 1850]]
I. Background Information
On July 18, 1997, the EPA promulgated a new NAAQS for ozone. The
EPA revised the ozone NAAQS to provide an 8-hour averaging period which
replaced the previous 1-hour averaging period, and the level of the
NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR
38856). Subsequently, on March 12, 2008, the EPA revised the levels of
the primary and secondary 8-hour ozone standards to 0.075 ppm (73 FR
16436).
The EPA first set standards for NO2 in 1971, setting
both a primary standard (to protect health) and a secondary standard
(to protect the public welfare) at 53 parts per billion (53 ppb),
averaged annually. The EPA reviewed the standards in 1985 and 1996,
deciding to retain the standards at the conclusion of each review. In
2005, the EPA began another review, resulting in the January 22, 2010,
rulemaking to establish an additional primary NO2 standard
at 100 ppb, averaged over one hour (75 FR 6474).
States must submit SIPs meeting the requirements of CAA sections
110(a)(1) and (2) within three years after promulgation of a new or
revised standard. CAA sections 110(a)(1) and (2) require states to
address basic SIP requirements, including emissions inventories,
monitoring, and modeling to implement, maintain, and enforce the
standards, so-called ``infrastructure'' requirements. To help states
meet this statutory requirement, the EPA issued guidance to address
infrastructure SIP elements generally for all NAAQS, including the 2008
ozone and 2010 NO2 NAAQS.\1\ As noted in the guidance
document, to the extent an existing SIP already meets the CAA section
110(a)(2) requirements, states may certify that fact via a letter to
the EPA. On September 22, 2014, Washington made a submittal to the EPA
certifying that the current Washington SIP meets the CAA section
110(a)(1) and (2) infrastructure requirements for the 2008 ozone and
2010 NO2 NAAQS, except for certain requirements related to
PSD permitting, regional haze, and interstate transport. The EPA
proposed action on the submittal on October 17, 2014 (79 FR 62379). The
comment period closed on November 17, 2014.
---------------------------------------------------------------------------
\1\ Stephen D. Page, Director, Office of Air Quality Planning
and Standards. ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1-10,
September 13, 2013.
---------------------------------------------------------------------------
II. Response to Comments
The EPA received one comment on its proposal.
Comment: ``I think the EPA should back of[f] at trying to cripple
working people by closing down COAL and COAL Fired Boilers. Try
stopping other countries from pollution in the world.''
Response: The EPA evaluated the existing Washington SIP to
determine if it meets the CAA section 110(a)(1) and (2) infrastructure
requirements for the 2008 ozone and 2010 NO2 NAAQS. Neither
the EPA nor Washington proposed new regulations related to coal or coal
fired boilers in this action. Therefore, this comment is not relevant
to this action and we are finalizing this partial approval and partial
disapproval of the September 22, 2014, Washington SIP submittal as
originally proposed.
III. Final Action
The EPA is partially approving and partially disapproving the
September 22, 2014, submittal from Washington demonstrating that the
SIP meets the requirements of sections 110(a)(1) and (2) of the CAA for
the 2008 ozone and 2010 NO2 NAAQS. Specifically, we have
determined that the current EPA-approved Washington SIP meets the
following CAA section 110(a)(2) infrastructure elements: (A), (B),
(C)--except for those elements covered by the PSD FIP, (D)(i)(II)--
except for those elements covered by the PSD and regional haze FIPs,
(D)(ii)--except for those elements covered by the PSD FIP, (E), (F),
(G), (H), (J)--except for those elements covered by the PSD FIP, (K),
(L), and (M). As discussed in the proposal for this action, the EPA
anticipates no adverse consequences to Washington or to sources in the
State resulting from the partial disapproval of the infrastructure SIP
with respect to the PSD and regional haze FIPs. The EPA, likewise,
anticipates no additional FIP responsibilities for PSD and regional
haze as a result of the partial disapproval. Interstate transport
requirements with respect to CAA section 110(a)(2)(D)(i)(I) for the
2008 ozone and 2010 NO2 NAAQS will be addressed in a
separate action.
IV. Statutory and Executive Orders Review
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 Clean Air Act. Accordingly,
this action merely approves State law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 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. Consistent with EPA policy, the
[[Page 1851]]
EPA nonetheless provided a consultation opportunity to the Puyallup
Tribe in a letter dated September 3, 2013. The EPA did not receive a
request for consultation.
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 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 16, 2015. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 18, 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 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 in paragraph (e) by adding an entry
entitled ``110(a)(2) Infrastructure Requirements--2008 Ozone and 2010
Nitrogen Dioxide Standards'' in Table 2--Attainment, Maintenance, and
Other Plans, at the end of the section with the heading ``110(a)(2)
Infrastructure and Interstate Transport'' to read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(e) * * *
Table 2--Attainment, Maintenance, and Other Plans
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
110(a)(2) Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(2) Infrastructure Statewide.......... 9/22/14 1/14/15 [Insert This action addresses
Requirements--2008 Ozone and Federal Register the following CAA
2010 Nitrogen Dioxide Standards. citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M).
* * * * * * *
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[FR Doc. 2015-00013 Filed 1-13-15; 8:45 am]
BILLING CODE 6560-50-P
