Approval and Promulgation of Air Quality Implementation Plans; Washington; Redesignation to Attainment for the Tacoma-Pierce County Nonattainment Area and Approval of Associated Maintenance Plan for the 2006 24-Hour Fine Particulate Matter Standard, 7347-7352 [2015-02619]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
rljohnson on DSK3VPTVN1PROD with RULES
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, 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
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, 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
VerDate Sep<11>2014
15:13 Feb 09, 2015
Jkt 235001
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 April 13, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: December 12, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
7347
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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(441)(i)(D) and
(c)(442)(i)(D) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(441) * * *
(i) * * *
(D) San Joaquin Valley Air Pollution
Control District.
(1) Rule 4621, ‘‘Gasoline Transfer into
Stationary Storage Containers, Delivery
Vessels, and Bulk Plants,’’ amended on
December 19, 2013.
(2) Rule 4622, ‘‘Gasoline Transfer into
Motor Vehicle Fuel Tanks,’’ amended
on December 19, 2013.
(442) * * *
(i) * * *
(D) Placer County Air Pollution
Control District.
(1) Rule 213, ‘‘Gasoline Transfer into
Stationary Storage Containers,’’
amended on February 21, 2013.
(2) Rule 214, ‘‘Transfer of Gasoline
into Vehicle Fuel Tanks,’’ amended on
February 21, 2013.
*
*
*
*
*
[FR Doc. 2015–02612 Filed 2–9–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R10–OAR–2014–0808; FRL 9922–81–
Region 10]
Approval and Promulgation of Air
Quality Implementation Plans;
Washington; Redesignation to
Attainment for the Tacoma-Pierce
County Nonattainment Area and
Approval of Associated Maintenance
Plan for the 2006 24-Hour Fine
Particulate Matter Standard
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is redesignating to
attainment the entire Tacoma-Pierce
County nonattainment area (hereafter
‘‘the Tacoma area’’ or ‘‘the area’’) for the
2006 24-hour fine particulate matter
(PM2.5) national ambient air quality
SUMMARY:
E:\FR\FM\10FER1.SGM
10FER1
7348
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations
standard (NAAQS). The EPA is also
approving as a revision to the
Washington State Implementation Plan
(SIP), the associated maintenance plan
that provides for continued compliance
of the 2006 24-hour PM2.5 NAAQS.
Additionally, the EPA is approving the
2017 and 2026 motor vehicle emissions
budgets included in Washington’s
maintenance plan for PM2.5 and nitrogen
oxides.
DATES: This final rule is effective on
March 12, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2014–0808. 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: 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’’ and
‘‘our’’ mean or refer to the 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.
rljohnson on DSK3VPTVN1PROD with RULES
Table of Contents
I. Background Information
II. Final Action
III. Statutory and Executive Orders Review
I. Background Information
The first air quality standards for
PM2.5 were established on July 16, 1997
VerDate Sep<11>2014
15:13 Feb 09, 2015
Jkt 235001
(62 FR 38652, July 18, 1997). The EPA
promulgated an annual standard at a
level of 15 micrograms per cubic meter
(mg/m3), based on a three-year average of
annual mean PM2.5 concentrations (the
1997 annual PM2.5 standard). In the
same rulemaking action, the EPA
promulgated a 24-hour standard of 65
mg/m3, based on a three-year average of
the 98th percentile of 24-hour
concentrations. On October 17, 2006 (71
FR 61144), the EPA retained the annual
average standard at 15 mg/m3, but
revised the 24-hour standard to 35 mg/
m3, based again on the three-year
average of the 98th percentile of 24-hour
concentrations (the 2006 24-hour PM2.5
standard or daily standard). On
November 13, 2009, the EPA published
designations for the 2006 24-hour PM2.5
NAAQS, which became effective on
December 14, 2009 (74 FR 58688). In
that rulemaking action, the EPA
designated the Tacoma area as
nonattainment for the 2006 24-hour
PM2.5 NAAQS (see 77 FR 58774 and 40
CFR 81.348).
On September 4, 2012, the EPA
determined that the Tacoma area had
attained the 2006 24-hour PM2.5 NAAQS
based upon complete, qualitycontrolled, certified 2009–2011 ambient
air monitoring data available in the
EPA’s Air Quality System database (77
FR 53772). Pursuant to 40 CFR
51.1004(c), in effect at that time, the
requirements for the Tacoma area to
submit an attainment demonstration
and associated reasonably available
control measures, a reasonable further
progress plan, contingency measures,
and other planning SIPs related to the
attainment of the 2006 24-hour PM2.5
NAAQS are suspended until such time
as: The area is redesignated to
attainment, at which time the
requirements no longer apply; or the
EPA determines that the area has again
violated the standard, at which time
such plans are required to be submitted.
On September 19, 2013, the EPA
finalized a subsequent determination of
attainment, updated with 2010–2012
data, considering the effect of the D.C.
Circuit Court’s January 4, 2013 decision
to remand the implementation rule
containing the provisions of 40 CFR
51.1004(c) on the area (78 FR 57503).
Natural Resources Defense Council v.
EPA, 706 F.3d 428 (2013). A full
description of the EPA’s rationale for
the determination of attainment is
contained in the proposal for that action
(78 FR 42095, July 18, 2013).
A determination of attainment does
not relieve a state from submitting, and
the EPA from approving, certain
planning SIP revisions for the 2006
PM2.5 NAAQS. On November 28, 2012,
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
Washington submitted a 2008 baseline
emissions inventory for direct PM2.5 and
precursors to the formation of PM2.5
including nitrogen oxides (NOX),
volatile organic compounds (VOCs),
ammonia (NH3), and sulfur dioxide
(SO2) to meet the comprehensive
emissions inventory requirement of
Clean Air Act (CAA) section 172(c) for
the 2006 24-hour PM2.5 NAAQS. Also
included in Washington’s submittal
were SIP strengthening rules to
implement the recommendations of the
Tacoma-Pierce County Clean Air Task
Force, an advisory committee of
community leaders, citizen
representatives, public health advocates,
and other affected parties, formed to
develop PM2.5 reduction strategies.
These SIP strengthening rules were
focused on controlling PM2.5 emissions
from residential wood combustion,
which at that time comprised 74% of
direct PM2.5 emissions on winter days
when 24-hour PM2.5 NAAQS
exceedances were most likely. The EPA
approved the 2008 baseline emissions
inventory and SIP strengthening rules
on May 29, 2013 (78 FR 32131).
On November 3, 2014, Ecology
submitted a request to redesignate the
Tacoma area from nonattainment to
attainment for the 2006 24-hour PM2.5
NAAQS. The submittal included a
maintenance plan as a SIP revision to
ensure continued attainment of the
standard over the next 10 years. On
December 11, 2014, the EPA proposed
to redesignate the entire Tacoma area,
including tribal trust and non-trust
lands, from nonattainment to attainment
for the 2006 24-hour PM2.5 NAAQS (79
FR 73525).1 The EPA also proposed to
approve the associated maintenance
plan, including motor vehicle emission
budgets for 2017 and 2026. An
explanation of the CAA requirements, a
detailed explanation of the revisions,
and the EPA’s reasons for approval were
provided in the notice of proposed
rulemaking, and will not be restated
here. The public comment period for the
proposed rule ended on January 12,
2015. We did not receive any comments
on the proposal.
II. Final Action
The EPA is changing the official
designation of the Tacoma area for the
2006 24-hour PM2.5 NAAQS found at 40
CFR part 81, from nonattainment to
1 Control measures on tribal trust land will
continue to be regulated pursuant to 40 CFR part
49, which includes the Federal Implementation
Plans under the Clean Air Act for Indian
Reservations in Idaho, Oregon and Washington (70
FR 18074, April 8, 2005) and Review of New
Sources and Modifications in Indian Country (76
FR 38748, July 1, 2011).
E:\FR\FM\10FER1.SGM
10FER1
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations
attainment, because the area meets the
criteria set forth in CAA section
107(d)(3)(E). This final action was
reached after offering consultation to the
Puyallup Tribe of Indians and after
reviewing technical analyses, emissions
inventories, and monitoring data
covering the entire area, including tribal
trust and non-trust lands as described in
the proposed rule. The EPA is also
approving and incorporating into the
Washington SIP the associated
maintenance plan ensuring continued
attainment of the 2006 24-hour PM2.5
NAAQS in the area for the next 10
years. For transportation conformity
purposes, the EPA is approving the 2017
and 2026 motor vehicle emissions
budgets included in Washington’s
maintenance plan for PM2.5 and nitrogen
oxides.
rljohnson on DSK3VPTVN1PROD with RULES
III. 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
VerDate Sep<11>2014
15:13 Feb 09, 2015
Jkt 235001
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 for 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
EPA provided a consultation
opportunity to the Puyallup Tribe in a
letter dated September 8, 2014. 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
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
7349
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 April 13, 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: January 28, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR parts 52 and 81 are 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. In § 52.2470, in paragraph (e), Table
2, is amended by adding at the end of
the table a section heading entitled
‘‘Recently Approved Plans’’ followed by
the entry entitled ‘‘Particulate Matter
(PM2.5) Maintenance Plan’’ to read as
follows:
■
§ 52.2470
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\10FER1.SGM
10FER1
*
*
7350
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable geographic or
nonattainment area
Name of SIP provision
*
*
State submittal
date
*
*
EPA Approval date
*
Comments
*
*
Recently Approved Plans
Particulate Matter (PM2.5) Maintenance Plan.
*
*
*
*
Tacoma, Pierce County ...............
11/03/14
2/10/15 [insert Federal
Register citation].
Authority: 42 U.S.C. 7401 et seq.
*
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
§ 81.348
4. In § 81.348 amend in the table
entitled ‘‘Washington—2006 24-Hour
PM2.5 NAAQS’’ by revising the entry for
‘‘Tacoma, WA’’ and footnote 2 to read
as follows:
■
*
*
Washington.
*
*
*
WASHINGTON—2006 24-HOUR PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
rljohnson on DSK3VPTVN1PROD with RULES
Tacoma, WA
Pierce County (part) .........................................................
VerDate Sep<11>2014
15:13 Feb 09, 2015
Jkt 235001
PO 00000
Frm 00066
3/12/15
Fmt 4700
Date 2
Type
Attainment.
Sfmt 4700
E:\FR\FM\10FER1.SGM
10FER1
Type
7351
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations
WASHINGTON—2006 24-HOUR PM2.5 NAAQS—Continued
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
Date 2
Type
Type
Starting from where an extension of Kennedy Road
Northeast would intersect Commencement Bay,
proceed north to the intersection of Marine View
Drive (State Route 509) and Kennedy Road
Northeast. Proceed south on Marine View Drive
to Hylebos Creek. Proceed south along Hylebos
Creek to 12th Street East. Proceed east on 12th
Street East to 70th Avenue East. Proceed south
on 70th Avenue East to State Route 99 (S.R.
99). Proceed north on S.R. 99 0.1 mile north of
Birch Street to a driveway to the east. Proceed
east along the driveway and continue east along
the same alignment to the Pierce County Line/
Comprehensive Urban Growth Area (CUGA)
boundary. Proceed east along the Pierce County
Line/CUGA boundary to the eastern boundary of
Edgewood. Proceed south along the eastern
boundary of Edgewood to eastern boundary of
the Sumner Urban Service Area. Proceed south
along eastern boundary of the Sumner Urban
Service Area to the eastern boundary of the Puyallup Urban Service Area. Proceed south along
the eastern boundary of the Puyallup Urban
Service Area to the eastern boundary of Puyallup/CUGA boundary. Proceed south and then
west along the CUGA boundary to the eastern
boundary of McChord Air Force Base. Proceed
north along the eastern boundary of McChord Air
Force Base to the northernmost point on the
eastern boundary. Proceed from the northernmost point on the eastern boundary of McChord
Air Force Base to the south right-of-way of S.R.
512. Proceed west along the south right-of-way
of S.R. 512 to the south right-of-way of I–5. Proceed south along the south right-of-way to I–5 to
the point opposite the boundary between Lakewood and Camp Murray. Proceed north across I–
5 to the boundary between Lakewood and Camp
Murray. Proceed north along the western boundary of Lakewood to the point where the western
boundary coincides with the CUGA boundary.
Proceed north along the CUGA boundary to the
southern boundary of Point Defiance Park. Proceed east along the southern boundary of Point
Defiance Park to Commencement Bay/CUGA
boundary. Proceed southeast, then northeast,
and finally northwest along the CUGA boundary
to the starting point.
*
*
*
*
*
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
date is 30 days after November 13, 2009, unless otherwise noted.
2 This date is July 2, 2014, unless otherwise noted.
1 This
*
*
*
*
*
[FR Doc. 2015–02619 Filed 2–9–15; 8:45 am]
rljohnson on DSK3VPTVN1PROD with RULES
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:12 Feb 09, 2015
Jkt 235001
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
E:\FR\FM\10FER1.SGM
10FER1
*
7352
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 101–42, 101–45, and 102–
40
[FMR Change–2015–01; FPMR Case 2003–
101–1; FMR Case 2003–102–4; Docket
2007–0001; Sequence 6]
RIN 3090–AH21
Federal Management Regulation;
Utilization and Disposition of Personal
Property With Special Handling
Requirements
Office of Government-wide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
AGENCY:
GSA is amending the Federal
Property Management Regulations
(FPMR) by revising coverage regarding
hazardous materials and certain
categories of personal property,
removing existing regulatory provisions
from the FPMR, and moving coverage
into the Federal Management Regulation
(FMR). Upon issuance of this final rule,
the FMR will address all types of
personal property requiring special
handling. A cross-reference is added to
the FPMR to direct readers to the
coverage in the FMR.
DATES: Effective: This final rule is
effective February 10, 2015.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat, 1800 F Street
NW., Washington, DC 20405, at (202)
501–4755 for information pertaining to
status or publication schedules. For
clarification of content, contact Robert
Holcombe, Director, Personal Property
Policy (MAD), at (202) 501–3828. Please
cite FPMR Case 2003–101–1.
SUPPLEMENTARY INFORMATION:
SUMMARY:
rljohnson on DSK3VPTVN1PROD with RULES
A. Background
This final rule updates, streamlines,
and clarifies content currently in FPMR
part 101–42 and moves it into the FMR
as part 102–40. This final rule also
removes FPMR sections 101–45.001,
101–45.002, and 101–45.004. The
subject matter of these sections is
addressed in FMR sections 102–40.195
(disposal of items requiring
demilitarization); 102–40.50 (handling
of property reported to GSA so as to
preserve civilian utility as far as
possible); 102–40.225 (disposal of
precious metals); and 102–40.140
(disposal of all-terrain vehicles (ATV)).
In addition, this final rule removes
FPMR section 101–45.003 regarding
vehicle reconditioning. This section
VerDate Sep<11>2014
17:12 Feb 09, 2015
Jkt 235001
contains provisions that the Federal
fleet community considers standard
business practices, and is more
prescriptive of specific tasks than is
intended by this Governmentwide
regulation.
The final rule is written in a plain
language question and answer format.
This style uses an active voice, shorter
sentences, and pronouns. A question
and its answer combine to establish a
regulation.
The amended FMR part 102–40
includes the following specific changes
from FPMR part 101–42:
1. Section 102–40.30 revises
definitions previously included in
FPMR part 101–42, and includes the
following terms and definitions not
found in section 101–42.001:
(a) Ammunition
(b) Ammunition Components
(c) Commerce Control List Item (CCLI)
(d) Demilitarization
(e) Electronic Product
(f) Safety Data Sheet (SDS)
(g) Medical device
(h) Munitions List Item
(i) Perishable
(j) Precious metals
(k) Radiation Safety Performance
Standards
(l) Universal Waste(s)
2. Section 102–40.55 introduces the
requirements for the disposal of
perishables.
3. Section 102–40.100 revises and
replaces FPMR section 101–42.401,
Sales responsibilities for hazardous
material, by allowing agencies to sell
property with special handling
requirements through Sales Centers.
4. Section 102–40.140 updates the
policy on disposal of all-terrain vehicles
(ATVs) and includes a certification
statement to be used when donating
ATVs.
5. Section 102–40.145 includes the
topic of disposal of ammunition. The
disposition of ammunition and
ammunition components are combined
in new part 102–40. The policy
contained in part 102–40 allows for the
sale of non-expended ammunition and
ammunition components (both
expended and non-expended) only to
companies licensed to perform
manufacturing/remanufacturing, or
companies allowed to recover basic
material content of the ammunition or
ammunition components in accordance
with Federal, state, and local laws and
regulations. In addition to being sold as
just described, expended ammunition
cartridge cases may also be transferred
or donated when the recipient certifies
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
that the cartridge case will be reloaded
and used only for law enforcement
purposes.
6. Section 102–40.150 provides the
requirements for handling live animals
and plants. Live animals and plants
should be reported to GSA for transfer,
donation, or sale, except when specific
exceptions apply.
7. Section 102–40.165 is revised to
remove obsolete requirements for a
letter of clearance by the Food and Drug
Administration (FDA) for the donation
of surplus drugs, biologicals, and
reagents to the state agency or
designated donee and removing the
requirement for the state agency or
designated donee to obtain samples of
surplus drugs, biologicals, and reagents
from the holding agency for laboratory
examination by the FDA.
8. Section 102–40.175 is revised to
align policy on the disposal of surplus
firearms with policy contained in part
102–36, where GSA may donate certain
classes of surplus firearms to state and
local government activities whose
primary function is the enforcement of
applicable Federal, state, and/or local
laws whose compensated law
enforcement officers have the authority
to apprehend and arrest. It also aligns
with the Bureau of Alcohol, Tobacco,
Firearms and Explosives’ (ATF) policy
for the disposal of firearms subject to
the National Firearms Act. The
definition of ‘‘firearm’’ in Section 102–
40.30 was revised to reflect the
definition in 18 U.S.C. 921(a).
9. Section 102–40.190 has procedures
for the disposal of medical devices.
Medical devices are subject to the laws
and regulations administered by the
FDA.
10. Section 102–40.200 has special
requirements for handling Commerce
Control List Items.
11. Section 102.40–205 provides
guidance on where to find procedures
for handling national stockpile material.
Materials acquired for the national
stockpile, the supplemental stockpile, or
material or equipment acquired under
Section 303 of the Defense Production
Act of 1950, as amended, are not
covered by the FMR.
12. Section 102–40.215 provides the
provision for handling ozone depleting
substances (ODSs). An overview of laws
and regulations covering the use and
disposal of ODSs is found at the
Environmental Protection Agency (EPA)
Web site.
13. Section 102–40.225 includes a
revision to the policy regarding the sale
of precious metals. The policy requiring
precious metals to be sold only under a
sealed bid sale has been removed, and
E:\FR\FM\10FER1.SGM
10FER1
]]>Agencies
[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Rules and Regulations]
[Pages 7347-7352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02619]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R10-OAR-2014-0808; FRL 9922-81-Region 10]
Approval and Promulgation of Air Quality Implementation Plans;
Washington; Redesignation to Attainment for the Tacoma-Pierce County
Nonattainment Area and Approval of Associated Maintenance Plan for the
2006 24-Hour Fine Particulate Matter Standard
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is redesignating to
attainment the entire Tacoma-Pierce County nonattainment area
(hereafter ``the Tacoma area'' or ``the area'') for the 2006 24-hour
fine particulate matter (PM2.5) national ambient air quality
[[Page 7348]]
standard (NAAQS). The EPA is also approving as a revision to the
Washington State Implementation Plan (SIP), the associated maintenance
plan that provides for continued compliance of the 2006 24-hour
PM2.5 NAAQS. Additionally, the EPA is approving the 2017 and
2026 motor vehicle emissions budgets included in Washington's
maintenance plan for PM2.5 and nitrogen oxides.
DATES: This final rule is effective on March 12, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2014-0808. 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: 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'' and ``our'' mean or refer
to the 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. Final Action
III. Statutory and Executive Orders Review
I. Background Information
The first air quality standards for PM2.5 were
established on July 16, 1997 (62 FR 38652, July 18, 1997). The EPA
promulgated an annual standard at a level of 15 micrograms per cubic
meter ([mu]g/m\3\), based on a three-year average of annual mean
PM2.5 concentrations (the 1997 annual PM2.5
standard). In the same rulemaking action, the EPA promulgated a 24-hour
standard of 65 [mu]g/m\3\, based on a three-year average of the 98th
percentile of 24-hour concentrations. On October 17, 2006 (71 FR
61144), the EPA retained the annual average standard at 15 [mu]g/m\3\,
but revised the 24-hour standard to 35 [mu]g/m\3\, based again on the
three-year average of the 98th percentile of 24-hour concentrations
(the 2006 24-hour PM2.5 standard or daily standard). On
November 13, 2009, the EPA published designations for the 2006 24-hour
PM2.5 NAAQS, which became effective on December 14, 2009 (74
FR 58688). In that rulemaking action, the EPA designated the Tacoma
area as nonattainment for the 2006 24-hour PM2.5 NAAQS (see
77 FR 58774 and 40 CFR 81.348).
On September 4, 2012, the EPA determined that the Tacoma area had
attained the 2006 24-hour PM2.5 NAAQS based upon complete,
quality-controlled, certified 2009-2011 ambient air monitoring data
available in the EPA's Air Quality System database (77 FR 53772).
Pursuant to 40 CFR 51.1004(c), in effect at that time, the requirements
for the Tacoma area to submit an attainment demonstration and
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
the attainment of the 2006 24-hour PM2.5 NAAQS are suspended
until such time as: The area is redesignated to attainment, at which
time the requirements no longer apply; or the EPA determines that the
area has again violated the standard, at which time such plans are
required to be submitted. On September 19, 2013, the EPA finalized a
subsequent determination of attainment, updated with 2010-2012 data,
considering the effect of the D.C. Circuit Court's January 4, 2013
decision to remand the implementation rule containing the provisions of
40 CFR 51.1004(c) on the area (78 FR 57503). Natural Resources Defense
Council v. EPA, 706 F.3d 428 (2013). A full description of the EPA's
rationale for the determination of attainment is contained in the
proposal for that action (78 FR 42095, July 18, 2013).
A determination of attainment does not relieve a state from
submitting, and the EPA from approving, certain planning SIP revisions
for the 2006 PM2.5 NAAQS. On November 28, 2012, Washington
submitted a 2008 baseline emissions inventory for direct
PM2.5 and precursors to the formation of PM2.5
including nitrogen oxides (NOX), volatile organic compounds
(VOCs), ammonia (NH3), and sulfur dioxide (SO2)
to meet the comprehensive emissions inventory requirement of Clean Air
Act (CAA) section 172(c) for the 2006 24-hour PM2.5 NAAQS.
Also included in Washington's submittal were SIP strengthening rules to
implement the recommendations of the Tacoma-Pierce County Clean Air
Task Force, an advisory committee of community leaders, citizen
representatives, public health advocates, and other affected parties,
formed to develop PM2.5 reduction strategies. These SIP
strengthening rules were focused on controlling PM2.5
emissions from residential wood combustion, which at that time
comprised 74% of direct PM2.5 emissions on winter days when
24-hour PM2.5 NAAQS exceedances were most likely. The EPA
approved the 2008 baseline emissions inventory and SIP strengthening
rules on May 29, 2013 (78 FR 32131).
On November 3, 2014, Ecology submitted a request to redesignate the
Tacoma area from nonattainment to attainment for the 2006 24-hour
PM2.5 NAAQS. The submittal included a maintenance plan as a
SIP revision to ensure continued attainment of the standard over the
next 10 years. On December 11, 2014, the EPA proposed to redesignate
the entire Tacoma area, including tribal trust and non-trust lands,
from nonattainment to attainment for the 2006 24-hour PM2.5
NAAQS (79 FR 73525).\1\ The EPA also proposed to approve the associated
maintenance plan, including motor vehicle emission budgets for 2017 and
2026. An explanation of the CAA requirements, a detailed explanation of
the revisions, and the EPA's reasons for approval were provided in the
notice of proposed rulemaking, and will not be restated here. The
public comment period for the proposed rule ended on January 12, 2015.
We did not receive any comments on the proposal.
---------------------------------------------------------------------------
\1\ Control measures on tribal trust land will continue to be
regulated pursuant to 40 CFR part 49, which includes the Federal
Implementation Plans under the Clean Air Act for Indian Reservations
in Idaho, Oregon and Washington (70 FR 18074, April 8, 2005) and
Review of New Sources and Modifications in Indian Country (76 FR
38748, July 1, 2011).
---------------------------------------------------------------------------
II. Final Action
The EPA is changing the official designation of the Tacoma area for
the 2006 24-hour PM2.5 NAAQS found at 40 CFR part 81, from
nonattainment to
[[Page 7349]]
attainment, because the area meets the criteria set forth in CAA
section 107(d)(3)(E). This final action was reached after offering
consultation to the Puyallup Tribe of Indians and after reviewing
technical analyses, emissions inventories, and monitoring data covering
the entire area, including tribal trust and non-trust lands as
described in the proposed rule. The EPA is also approving and
incorporating into the Washington SIP the associated maintenance plan
ensuring continued attainment of the 2006 24-hour PM2.5
NAAQS in the area for the next 10 years. For transportation conformity
purposes, the EPA is approving the 2017 and 2026 motor vehicle
emissions budgets included in Washington's maintenance plan for
PM2.5 and nitrogen oxides.
III. 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 for 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 EPA
provided a consultation opportunity to the Puyallup Tribe in a letter
dated September 8, 2014. 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 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 April 13, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: January 28, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR parts 52 and 81 are 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. In Sec. 52.2470, in paragraph (e), Table 2, is amended by adding at
the end of the table a section heading entitled ``Recently Approved
Plans'' followed by the entry entitled ``Particulate Matter
(PM2.5) Maintenance Plan'' to read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(e) * * *
[[Page 7350]]
Table 2--Attainment, Maintenance, and Other Plans
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic
Name of SIP provision or nonattainment State EPA Approval date Comments
area submittal date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recently Approved Plans
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate Matter (PM2.5) Tacoma, Pierce County 11/03/14 2/10/15 [insert Federal Register
Maintenance Plan. citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.348 amend in the table entitled ``Washington--2006 24-
Hour PM2.5 NAAQS'' by revising the entry for ``Tacoma, WA''
and footnote 2 to read as follows:
Sec. 81.348 Washington.
* * * * *
Washington--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area -------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Tacoma, WA
Pierce County (part).............. 3/12/15 Attainment..............
[[Page 7351]]
Starting from where an
extension of Kennedy Road
Northeast would intersect
Commencement Bay, proceed
north to the intersection of
Marine View Drive (State
Route 509) and Kennedy Road
Northeast. Proceed south on
Marine View Drive to Hylebos
Creek. Proceed south along
Hylebos Creek to 12th Street
East. Proceed east on 12th
Street East to 70th Avenue
East. Proceed south on 70th
Avenue East to State Route 99
(S.R. 99). Proceed north on
S.R. 99 0.1 mile north of
Birch Street to a driveway to
the east. Proceed east along
the driveway and continue
east along the same alignment
to the Pierce County Line/
Comprehensive Urban Growth
Area (CUGA) boundary. Proceed
east along the Pierce County
Line/CUGA boundary to the
eastern boundary of Edgewood.
Proceed south along the
eastern boundary of Edgewood
to eastern boundary of the
Sumner Urban Service Area.
Proceed south along eastern
boundary of the Sumner Urban
Service Area to the eastern
boundary of the Puyallup
Urban Service Area. Proceed
south along the eastern
boundary of the Puyallup
Urban Service Area to the
eastern boundary of Puyallup/
CUGA boundary. Proceed south
and then west along the CUGA
boundary to the eastern
boundary of McChord Air Force
Base. Proceed north along the
eastern boundary of McChord
Air Force Base to the
northernmost point on the
eastern boundary. Proceed
from the northernmost point
on the eastern boundary of
McChord Air Force Base to the
south right-of-way of S.R.
512. Proceed west along the
south right-of-way of S.R.
512 to the south right-of-way
of I-5. Proceed south along
the south right-of-way to I-5
to the point opposite the
boundary between Lakewood and
Camp Murray. Proceed north
across I-5 to the boundary
between Lakewood and Camp
Murray. Proceed north along
the western boundary of
Lakewood to the point where
the western boundary
coincides with the CUGA
boundary. Proceed north along
the CUGA boundary to the
southern boundary of Point
Defiance Park. Proceed east
along the southern boundary
of Point Defiance Park to
Commencement Bay/CUGA
boundary. Proceed southeast,
then northeast, and finally
northwest along the CUGA
boundary to the starting
point.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2015-02619 Filed 2-9-15; 8:45 am]
BILLING CODE 6560-50-P
