Approval and Promulgation of Implementation Plans; Washington: Additional Regulations for the Benton Clean Air Agency Jurisdiction, 55280-55284 [2015-23144]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS 55280 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules Implementation Plan (FIP) to reflect this approval and inclusion of the statedetermined allocations. EPA is proposing to approve Nebraska’s SIP revision because it meets the requirements of the CAA and the CSAPR requirements to replace EPA’s allowance allocations for the 2016 control periods. This action is being proposed pursuant to the CAA and its implementing regulations. EPA’s allocations of CSAPR trading program allowances for Nebraska for control periods in 2017 and beyond remain in place until the State submits and EPA approves state-determined allocations for those control periods through another SIP. The CSAPR FIPs for Nebraska remain in place until such time as the State decides to replace the FIPs with a SIP revision. DATES: Comments on this proposed action must be received in writing by October 15, 2015. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2015–0565, by mail to Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551–7214 or by email at kemp.lachala@epa.gov. SUPPLEMENTARY INFORMATION: In the final rules section of this Federal Register, EPA is approving the state’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of VerDate Sep<11>2014 18:46 Sep 14, 2015 Jkt 235001 this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxides. Dated: August 12, 2015. Mark Hague, Acting Regional Administrator, Region 7. [FR Doc. 2015–20630 Filed 9–14–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2015–0600: FRL–9934–07– Region 10] Approval and Promulgation of Implementation Plans; Washington: Additional Regulations for the Benton Clean Air Agency Jurisdiction Environmental Protection Agency. ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Washington State Implementation Plan (SIP) that were submitted by the Department of Ecology (Ecology) in coordination with Benton Clean Air Agency (BCAA) on August 25, 2015. In the fall of 2014 and spring of 2015, the EPA approved numerous revisions to Ecology’s general air quality regulations. However, our approval of the updated Ecology regulations applied only to geographic areas where Ecology, and not a local air authority, has jurisdiction, and statewide to source categories over which Ecology has sole jurisdiction. Under the Washington Clean Air Act local clean air agencies, such as BCAA, have the option of adopting equally stringent or more stringent standards or requirements in lieu of Ecology’s general air quality regulations, if they so choose. Therefore, the EPA stated that we would evaluate the general air quality regulations as they apply to local jurisdictions in separate, future actions. If finalized, this proposed action would allow BCAA to rely primarily on Ecology’s general air quality regulations for sources within SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 BCAA’s jurisdiction, including implementation of the minor new source review and nonattainment new source review permitting programs. This action also proposes approval of a small set of BCAA regulatory provisions that replace or supplement parts of Ecology’s general air quality regulations. DATES: Comments must be received on or before October 15, 2015. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2015–0600, by any of the following methods: A. www.regulations.gov: Follow the on-line instructions for submitting comments. B. Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and Toxics (AWT– 150), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. C. Email: R10-Public_Comments@ epa.gov. D. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of Air, Waste and Toxics, AWT–150. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R10–OAR–2015– 0600. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider E:\FR\FM\15SEP1.SGM 15SEP1 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 in www.regulations.gov or in hard copy during normal business hours at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. 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: Throughout this document wherever ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is intended to refer to the EPA. Table of Contents I. Background for Proposed Action II. Washington SIP Revisions III. The EPA’s Proposed Action A. Regulations To Approve and Incorporate by Reference Into the SIP B. Regulations To Approve But Not Incorporate by Reference C. Regulations To Remove From the SIP D. Scope of Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background for Proposed Action On January 27, 2014, Ecology submitted revisions to update the general air quality regulations contained in Chapter 173–400 of the Washington Administrative Code (WAC) that apply to sources under Ecology’s direct jurisdiction. On October 3, 2014 (79 FR 59653), November 7, 2014 (79 FR 66291), and April 29, 2015 (80 FR 23721), the EPA approved updates to Chapter 173–400 WAC as they apply to geographic areas and source categories under Ecology’s direct jurisdiction. Under the EPA-approved provisions of WAC 173–400–020, local clean air agencies have the authority to adopt equally stringent or more stringent standards or requirements in lieu of the provisions of Chapter 173–400 WAC. Local clean air agencies also have the option to rely on parts of Chapter 173– 400 WAC, but substitute local standards or requirements for other corresponding provisions. For this reason, the EPA stated that we would address the applicability of Chapter 173–400 WAC in local clean air agency jurisdictions on a case-by-case basis in separate, future actions. II. Washington SIP Revisions On August 25, 2015, the Director of the Washington Department of Ecology, as the Governor’s designee for SIP revisions, submitted a request to update the general air quality regulations as they apply to the jurisdiction of BCAA. See 40 CFR 52.2470(c)—Table 4. As shown in Attachment 1 of the SIP revision, included in the docket for this action, BCAA relies primarily on the recently updated provisions of Chapter 173–400 WAC for sources within their jurisdiction in Benton County, including minor new source review permitting and major source nonattainment new source review (if necessary at some point in the future). Attachment 2 of the SIP revision contains a small set of BCAA regulations that either supplement or substitute for provisions of Chapter 173–400 WAC that address regulatory 55281 authority, definitions of specific terms, and fugitive emissions. These provisions fall in two categories. The first category includes BCAA Regulation 1, sections: 1.01, Name of Agency; 2.01, Powers and Duties of the Benton Clean Air Agency (BCAA); 2.03, Powers and Duties of the Board of Directors; 2.05, Severability; and 2.06, Confidentiality. These provisions are generally administrative in nature, are adopted nearly verbatim from the Washington Clean Air Act (Revised Code of Washington 70.94), and have no direct corollaries in Chapter 173–400 WAC. The second category includes BCAA Regulation 1, sections: 1.02, Policy and Purpose; 1.03, Applicability; 2.02, Requirements for Board of Directors Members; 4.01(A), Definitions—Fugitive Dust; 4.02(B), Particulate Matter Emissions—Fugitive Emissions; 4.02(C)(1), Particulate Matter Emissions—Fugitive Dust; and 4.02(C)(3), Particulate Matter Emissions—Fugitive Dust. This second category of BCAA regulations adopt parts of Chapter 173–400 WAC nearly verbatim with minor changes for readability and clarity. The EPA is proposing to determine that these changes are consistent with our prior approvals of Chapter 173–400 WAC and meet Clean Air Act requirements. III. The EPA’s Proposed Action A. Regulations To Approve and Incorporate by Reference Into the SIP The EPA proposes to approve and incorporate by reference into the Washington SIP at 40 CFR 52.2470(c)— Table 4, Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction, the BCAA and Ecology regulations listed in the tables below for sources within BCAA’s jurisdiction. BENTON CLEAN AIR AGENCY (BCAA) REGULATIONS FOR PROPOSED APPROVAL State/local citation State/local effective date Title/subject Explanation mstockstill on DSK4VPTVN1PROD with PROPOSALS Regulation 1 1.01 ......................... 1.02 ......................... 1.03 ......................... 4.01(A) .................... 4.01(B) .................... 4.02(B) .................... 4.02(C)(1) ............... 4.02(C)(3) ............... VerDate Sep<11>2014 Name of Agency ........................................................................... Policy and Purpose ....................................................................... Applicability ................................................................................... Definitions—Fugitive Dust ............................................................ Definitions—Fugitive Emissions ................................................... Particulate Matter Emissions—Fugitive Emissions ...................... Particulate Matter Emissions—Fugitive Dust ............................... Particulate Matter Emissions—Fugitive Dust ............................... 18:46 Sep 14, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 12/11/14 12/11/14 12/11/14 12/11/14 12/11/14 12/11/14 12/11/14 12/11/14 E:\FR\FM\15SEP1.SGM Replaces Replaces Replaces Replaces Replaces Replaces Replaces 15SEP1 WAC WAC WAC WAC WAC WAC WAC 173–400–010. 173–400–020. 173–400–030 (38). 173–400–030 (39). 173–400–040(4). 173–400–040(9)(a). 173–400–040(9)(b). 55282 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules WASHINGTON STATE DEPARTMENT OF ECOLOGY REGULATIONS FOR PROPOSED APPROVAL State/local citation State/local effective date Title/subject Explanation Chapter 173–400 WAC, General Regulations for Air Pollution Sources 173–400–030 ......... 173–400–036 ......... 173–400–040 ......... Definitions ..................................... Relocation of Portable Sources .... General Standards for Maximum Emissions. 12/29/12 12/29/12 4/1/11 173–400–050 ......... Emission Standards for Combustion and Incineration Units. Emission Standards for General Process Units. Emission Standards for Certain Source Categories. Startup and Shutdown .................. Voluntary Limits on Emissions ..... Records, Monitoring and Reporting. New Source Review (NSR) for Sources and Portable Sources. 12/29/12 Processing Notice of Construction Applications for Sources, Stationary Sources and Portable Sources. Requirements for New Sources in Nonattainment Areas—Review for Compliance with Regulations. New Sources in Attainment or Unclassifiable Areas—Review for Compliance with Regulations. Special Protection Requirements for Federal Class I Areas. Designation of Class I, II, and III Areas. Issuance of Emission Reduction Credits. Use of Emission Reduction Credits (ERC). Retrofit Requirements for Visibility Protection. Public Notice and Opportunity for Public Comment. 12/29/12 Public Information ......................... Creditable Stack Height & Dispersion Techniques. 2/10/05 2/10/05 173–400–060 ......... 173–400–070 ......... 173–400–081 ......... 173–400–091 ......... 173–400–105 ......... 173–400–110 ......... 173–400–111 ......... 173–400–112 ......... 173–400–113 ......... 173–400–117 ......... 173–400–118 ......... 173–400–131 ......... mstockstill on DSK4VPTVN1PROD with PROPOSALS 173–400–136 ......... 173–400–151 ......... 173–400–171 ......... 173–400–175 ......... 173–400–200 ......... VerDate Sep<11>2014 18:46 Sep 14, 2015 Jkt 235001 PO 00000 Frm 00010 Except: 173–400–030(38); 173–400–030(39); 173–400–030(91). Except: 173–400–040(2)(c); 173–400–040(2)(d); 173–400–040(3); 173–400–040(4); 173–400–040(5); 173–400–040(7), second paragraph; 173–400–040(9)(a); 173–400–040(9)(b). Except: 173–400–050(2); 173–400–050(4); 173–400–050(5). 2/10/05 12/29/12 Except: 173–400–070(7); 173–400–070(8). 4/1/11 4/1/11 12/29/12 12/29/12 Except: 173–400–110(1)(c)(ii)(C); 173–400–110(1)(e); 173–400– 110(2)(d); —The part of WAC 173–400–110(4)(b)(vi) that says, ‘‘not for use with materials containing toxic air pollutants, as listed in chapter 173–460 WAC,’’; —The part of 400–110(4)(e)(iii) that says, ‘‘where toxic air pollutants as defined in chapter 173–460 WAC are not emitted’’; —The part of 400–110(4)(e)(f)(i) that says, ‘‘that are not toxic air pollutants listed in chapter 173–460 WAC’’; —The part of 400–110(4)(h)(xviii) that says, ‘‘, to the extent that toxic air pollutant gases as defined in chapter 173–460 WAC are not emitted’’; —The part of 400–110(4)(h)(xxxiii) that says, ‘‘where no toxic air pollutants as listed under chapter 173–460 WAC are emitted’’; —The part of 400–110(4)(h)(xxxiv) that says, ‘‘, or ≤1% (by weight) toxic air pollutants as listed in chapter 173–460 WAC’’; —The part of 400–110(4)(h)(xxxv) that says, ‘‘or ≤1% (by weight) toxic air pollutants’’; —The part of 400–110(4)(h)(xxxvi) that says, ‘‘or ≤1% (by weight) toxic air pollutants as listed in chapter 173–460 WAC’’; 400– 110(4)(h)(xl), second sentence; —The last row of the table in 173–400–110(5)(b) regarding exemption levels for Toxic Air Pollutants. Except: 173–400–111(3)(h); —The part of 173–400–111(8)(a)(v) that says, ‘‘and 173–460–040,’’; 173–400–111(9). 12/29/12 Except: 173–400–112(8). 12/29/12 Except: 173–400–113(3), second sentence. 12/29/12 Except facilities subject to the applicability provisions of WAC 173– 400–700. 12/29/12 4/1/11 12/29/12 2/10/05 12/29/12 Fmt 4702 Except: —The part of 173–400–171(3)(b) that says, ‘‘or any increase in emissions of a toxic air pollutant above the acceptable source impact level for that toxic air pollutant as regulated under chapter 173–460 WAC’’; 173–400–171(12). Sfmt 4702 E:\FR\FM\15SEP1.SGM 15SEP1 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules 55283 WASHINGTON STATE DEPARTMENT OF ECOLOGY REGULATIONS FOR PROPOSED APPROVAL—Continued State/local effective date State/local citation Title/subject 173–400–560 ......... General Order of Approval ........... 12/29/12 173–400–800 ......... Major Stationary Source and Major Modification in a Nonattainment Area. Major Stationary Source and Major Modification Definitions. Determining if a New Stationary Source or Modification to a Stationary Source is Subject to these Requirements. Permitting Requirements .............. Emission Offset Requirements ..... Actual Emissions Plantwide Applicability Limitation (PAL). Public Involvement Procedures .... 4/1/11 173–400–810 ......... 173–400–820 ......... 173–400–830 ......... 173–400–840 ......... 173–400–850 ......... 173–400–860 ......... Except: —The part of 173–400–560(1)(f) that says, ‘‘173–460 WAC’’. 12/29/12 12/29/12 12/29/12 12/29/12 12/29/12 4/1/11 Washington Chapter 80.50. Under the applicability provisions of WAC 173– 405–012, WAC 173–410–012, and WAC In addition to the regulations 173–415–012, BCAA also does not have proposed for approval and jurisdiction for kraft pulp mills, sulfite C. Regulations To Remove From the SIP incorporation by reference above, the pulping mills, and primary aluminum EPA reviews and approves state and The regulations contained in plants. For these sources, Ecology local clean air agency submissions to Washington’s SIP at 40 CFR retains statewide, direct jurisdiction. ensure they provide adequate 52.2470(c)—Table 4 were last approved Ecology also retains statewide, direct enforcement authority and other general by the EPA on June 2, 1995 (60 FR jurisdiction for the Prevention of authority to implement and enforce the 28726). The EPA is proposing to remove Significant Deterioration (PSD) SIP. However, regulations describing from this table WAC 173–400–010 and permitting program. Therefore, the EPA such agency enforcement and other 173–400–020 because these provisions is not approving into 40 CFR general authority are generally not will be replaced by the BCAA 52.2470(c)—Table 4 those provisions of incorporated by reference so as to avoid corollaries 1.02, Policy and Purpose and Chapter 173–400 WAC related to the potential conflict with the EPA’s 1.03, Applicability, as shown in PSD program. Specifically, these independent authorities. The EPA has Attachment 2 of the SIP revision. We are provisions are WAC 173–400–116 and reviewed and is proposing to approve also proposing to remove WAC 173– WAC 173–400–700 through 750. BCAA, Regulation 1, Article 2, General 400–100, because this outdated As described in the EPA’s April 29, Provisions, as having adequate provision is no longer part of the EPA2015 final action, jurisdiction to enforcement and other general authority approved SIP for Ecology’s direct implement the visibility permitting for purposes of implementing and jurisdiction under CFR 52.2470(c)— program contained in WAC 173–400– enforcing its SIP, but is not Table 2 and BCAA has requested that it 117 varies depending on the situation. incorporating this section by reference be removed from the BCAA’s Ecology retains authority to implement into the SIP codified in 40 CFR jurisdiction under CFR 52.2470(c)— WAC 173–400–117 as it relates to PSD 52.2470(c). Instead, the EPA is Table 4. For more information please permits (80 FR 23721). However for proposing to include sections 2.01, see the EPA’s proposed (79 FR 39351, facilities subject to nonattainment new Powers and Duties of the Benton Clean July 10, 2014) and final (79 FR 59653, source review (NNSR) under the Air Agency (BCAA); 2.02, Requirements October 3, 2014) actions on the general applicability provisions of WAC 173– for Board of Directors Members provisions of Chapter 173–400 WAC. 400–800, we are proposing that BCAA (replaces WAC 173–400–220); 2.03, would be responsible for implementing D. Scope of Proposed Action Powers and Duties of the Board of those parts of WAC 173–400–117 as This proposed revision to the SIP Directors; 2.04, Powers and Duties of the they relate to NNSR permits. See 80 FR applies specifically to the BCAA Control Officer; 2.05, Severability; and 23726. jurisdiction incorporated into the SIP at 2.06, Confidentiality of Records and Lastly, the SIP is not approved to 40 CFR 52.2470(c)—Table 4. As Information, in 40 CFR 52.2470(e), EPA apply in Indian reservations in the Approved Nonregulatory Provisions and discussed in the EPA’s proposed (79 FR State, except for non-trust land within 39351, July 10, 2014) and final (79 FR Quasi-Regulatory Measures, as the exterior boundaries of the Puyallup 59653, October 3, 2014) actions on the approved but not incorporated by Indian Reservation (also known as the reference regulatory provisions. Finally, general provisions of Chapter 173–400 1873 Survey Area), or any other area WAC, jurisdiction is generally defined for the reasons discussed above, the where the EPA or an Indian tribe has on a geographic basis (Benton County); EPA is proposing to move WAC 173– demonstrated that a tribe has 400–230, Regulatory Actions; WAC 173– however there are exceptions. By jurisdiction. 400–240, Criminal Penalties; WAC 173– statute, BCAA does not have authority for sources under the jurisdiction of the IV. Incorporation by Reference 400–250, Appeals; and WAC 173–400– In accordance with requirements of 1 Energy Facilities Site Evaluation 260, Conflict of Interest, currently CFR 51.5, the EPA is proposing to revise Council (EFSEC). See Revised Code of incorporated by reference in 40 CFR B. Regulations To Approve But Not Incorporate by Reference mstockstill on DSK4VPTVN1PROD with PROPOSALS Explanation VerDate Sep<11>2014 18:46 Sep 14, 2015 Jkt 235001 52.2470(c)—Table 4, to the list of provisions in 40 CFR 52.2470(e) that are approved but not incorporated by reference. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\15SEP1.SGM 15SEP1 55284 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS our incorporation by reference of 40 CFR 52.2470(c)—Table 4 ‘‘Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction’’ to reflect the regulations shown in the tables in section III.A. Regulations to Approve and Incorporate by Reference into the SIP and the rules proposed for removal from the SIP in section III.C. Regulations to Remove from the SIP. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. 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, 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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 the requirements of Section 12(d) of the National Technology Transfer and Advancement VerDate Sep<11>2014 18:46 Sep 14, 2015 Jkt 235001 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). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not impose substantial direct costs on tribal governments or preempt tribal law. As discussed above, the SIP is not approved to apply in Indian reservations in the state, except for nontrust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area), or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. 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. Authority: 42 U.S.C. 7401 et seq. Dated: September 2, 2015. Dennis J. McLerran, Regional Administrator, Region 10. [FR Doc. 2015–23144 Filed 9–14–15; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 405, 431, 447, 482, 483, 485, and 488 [CMS–3260–N] RIN 0938–AR61 Medicare and Medicaid Programs; Reform of Requirements for LongTerm Care Facilities; Reopening of Comment Period Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Proposed rule; reopening of comment period. AGENCY: This document reopens the comment period for the July 16, 2015 SUMMARY: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 proposed rule entitled ‘‘Reform of Requirements for Long-Term Care Facilities’’. The comment period for the proposed rule, which ends on September 14, 2015, is reopened for 30 days. DATES: The comment period for the proposed rule published on July 16, 2015 (80 FR 42168), is reopened and ends on October 14, 2015. ADDRESSES: In commenting, please refer to file code CMS–3260–P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments in one of four ways (please choose only one of the ways listed): 1. Electronically. You may submit electronic comments on this regulation to https://www.regulations.gov. Follow the ‘‘Submit a comment’’ instructions. 2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–3260–P, P.O. Box 8010, Baltimore, MD 21244. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. By express or overnight mail. You may send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–3260–P, Mail Stop C4–26–05, 7500 Security Boulevard, Baltimore, MD 21244–1850. 4. By hand or courier. Alternatively, you may deliver (by hand or courier) your written comments ONLY to the following addresses prior to the close of the comment period: a. For delivery in Washington, DC— Centers for Medicare & Medicaid Services, Department of Health and Human Services, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201. (Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without federal government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) b. For delivery in Baltimore, MD— Centers for Medicare & Medicaid Services, Department of Health and Human Services, 7500 Security Boulevard, Baltimore, MD 21244–1850. E:\FR\FM\15SEP1.SGM 15SEP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Proposed Rules]
[Pages 55280-55284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23144]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0600: FRL-9934-07-Region 10]

Approval and Promulgation of Implementation Plans; Washington:
Additional Regulations for the Benton Clean Air Agency Jurisdiction

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Washington State Implementation Plan (SIP)
that were submitted by the Department of Ecology (Ecology) in
coordination with Benton Clean Air Agency (BCAA) on August 25, 2015. In
the fall of 2014 and spring of 2015, the EPA approved numerous
revisions to Ecology's general air quality regulations. However, our
approval of the updated Ecology regulations applied only to geographic
areas where Ecology, and not a local air authority, has jurisdiction,
and statewide to source categories over which Ecology has sole
jurisdiction. Under the Washington Clean Air Act local clean air
agencies, such as BCAA, have the option of adopting equally stringent
or more stringent standards or requirements in lieu of Ecology's
general air quality regulations, if they so choose. Therefore, the EPA
stated that we would evaluate the general air quality regulations as
they apply to local jurisdictions in separate, future actions. If
finalized, this proposed action would allow BCAA to rely primarily on
Ecology's general air quality regulations for sources within BCAA's
jurisdiction, including implementation of the minor new source review
and nonattainment new source review permitting programs. This action
also proposes approval of a small set of BCAA regulatory provisions
that replace or supplement parts of Ecology's general air quality
regulations.

DATES: Comments must be received on or before October 15, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0600, by any of the following methods:
A. www.regulations.gov: Follow the on-line instructions for
submitting comments.
B. Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and Toxics
(AWT-150), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
C. Email: R10-Public_Comments@epa.gov.
D. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of
Air, Waste and Toxics, AWT-150. Such deliveries are only accepted
during normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0600. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider

[[Page 55281]]

your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in
www.regulations.gov or in hard copy during normal business hours at the
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101.

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: Throughout this document wherever ``we'',
``us'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Background for Proposed Action
II. Washington SIP Revisions
III. The EPA's Proposed Action
A. Regulations To Approve and Incorporate by Reference Into the
SIP
B. Regulations To Approve But Not Incorporate by Reference
C. Regulations To Remove From the SIP
D. Scope of Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background for Proposed Action

On January 27, 2014, Ecology submitted revisions to update the
general air quality regulations contained in Chapter 173-400 of the
Washington Administrative Code (WAC) that apply to sources under
Ecology's direct jurisdiction. On October 3, 2014 (79 FR 59653),
November 7, 2014 (79 FR 66291), and April 29, 2015 (80 FR 23721), the
EPA approved updates to Chapter 173-400 WAC as they apply to geographic
areas and source categories under Ecology's direct jurisdiction. Under
the EPA-approved provisions of WAC 173-400-020, local clean air
agencies have the authority to adopt equally stringent or more
stringent standards or requirements in lieu of the provisions of
Chapter 173-400 WAC. Local clean air agencies also have the option to
rely on parts of Chapter 173-400 WAC, but substitute local standards or
requirements for other corresponding provisions. For this reason, the
EPA stated that we would address the applicability of Chapter 173-400
WAC in local clean air agency jurisdictions on a case-by-case basis in
separate, future actions.

II. Washington SIP Revisions

On August 25, 2015, the Director of the Washington Department of
Ecology, as the Governor's designee for SIP revisions, submitted a
request to update the general air quality regulations as they apply to
the jurisdiction of BCAA. See 40 CFR 52.2470(c)--Table 4. As shown in
Attachment 1 of the SIP revision, included in the docket for this
action, BCAA relies primarily on the recently updated provisions of
Chapter 173-400 WAC for sources within their jurisdiction in Benton
County, including minor new source review permitting and major source
nonattainment new source review (if necessary at some point in the
future). Attachment 2 of the SIP revision contains a small set of BCAA
regulations that either supplement or substitute for provisions of
Chapter 173-400 WAC that address regulatory authority, definitions of
specific terms, and fugitive emissions. These provisions fall in two
categories. The first category includes BCAA Regulation 1, sections:
1.01, Name of Agency; 2.01, Powers and Duties of the Benton Clean Air
Agency (BCAA); 2.03, Powers and Duties of the Board of Directors; 2.05,
Severability; and 2.06, Confidentiality. These provisions are generally
administrative in nature, are adopted nearly verbatim from the
Washington Clean Air Act (Revised Code of Washington 70.94), and have
no direct corollaries in Chapter 173-400 WAC. The second category
includes BCAA Regulation 1, sections: 1.02, Policy and Purpose; 1.03,
Applicability; 2.02, Requirements for Board of Directors Members;
4.01(A), Definitions--Fugitive Dust; 4.02(B), Particulate Matter
Emissions--Fugitive Emissions; 4.02(C)(1), Particulate Matter
Emissions--Fugitive Dust; and 4.02(C)(3), Particulate Matter
Emissions--Fugitive Dust. This second category of BCAA regulations
adopt parts of Chapter 173-400 WAC nearly verbatim with minor changes
for readability and clarity. The EPA is proposing to determine that
these changes are consistent with our prior approvals of Chapter 173-
400 WAC and meet Clean Air Act requirements.

III. The EPA's Proposed Action

A. Regulations To Approve and Incorporate by Reference Into the SIP

The EPA proposes to approve and incorporate by reference into the
Washington SIP at 40 CFR 52.2470(c)--Table 4, Additional Regulations
Approved for the Benton Clean Air Agency (BCAA) Jurisdiction, the BCAA
and Ecology regulations listed in the tables below for sources within
BCAA's jurisdiction.

Benton Clean Air Agency (BCAA) Regulations for Proposed Approval
----------------------------------------------------------------------------------------------------------------
State/local
State/local citation Title/subject effective date Explanation
----------------------------------------------------------------------------------------------------------------
Regulation 1
----------------------------------------------------------------------------------------------------------------
1.01............................... Name of Agency................. 12/11/14 ..........................
1.02............................... Policy and Purpose............. 12/11/14 Replaces WAC 173-400-010.
1.03............................... Applicability.................. 12/11/14 Replaces WAC 173-400-020.
4.01(A)............................ Definitions--Fugitive Dust..... 12/11/14 Replaces WAC 173-400-030
(38).
4.01(B)............................ Definitions--Fugitive Emissions 12/11/14 Replaces WAC 173-400-030
(39).
4.02(B)............................ Particulate Matter Emissions-- 12/11/14 Replaces WAC 173-400-
Fugitive Emissions. 040(4).
4.02(C)(1)......................... Particulate Matter Emissions-- 12/11/14 Replaces WAC 173-400-
Fugitive Dust. 040(9)(a).
4.02(C)(3)......................... Particulate Matter Emissions-- 12/11/14 Replaces WAC 173-400-
Fugitive Dust. 040(9)(b).
----------------------------------------------------------------------------------------------------------------

[[Page 55282]]

Washington State Department of Ecology Regulations for Proposed Approval
----------------------------------------------------------------------------------------------------------------
State/local
State/local citation Title/subject effective date Explanation
----------------------------------------------------------------------------------------------------------------
Chapter 173-400 WAC, General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-030........................ Definitions............... 12/29/12 Except: 173-400-030(38); 173-
400-030(39); 173-400-030(91).
173-400-036........................ Relocation of Portable 12/29/12 ...............................
Sources.
173-400-040........................ General Standards for 4/1/11 Except: 173-400-040(2)(c); 173-
Maximum Emissions. 400-040(2)(d); 173-400-040(3);
173-400-040(4); 173-400-
040(5); 173-400-040(7), second
paragraph; 173-400-040(9)(a);
173-400-040(9)(b).
173-400-050........................ Emission Standards for 12/29/12 Except: 173-400-050(2); 173-400-
Combustion and 050(4); 173-400-050(5).
Incineration Units.
173-400-060........................ Emission Standards for 2/10/05 ...............................
General Process Units.
173-400-070........................ Emission Standards for 12/29/12 Except: 173-400-070(7); 173-400-
Certain Source Categories. 070(8).
173-400-081........................ Startup and Shutdown...... 4/1/11 ...............................
173-400-091........................ Voluntary Limits on 4/1/11 ...............................
Emissions.
173-400-105........................ Records, Monitoring and 12/29/12 ...............................
Reporting.
173-400-110........................ New Source Review (NSR) 12/29/12 Except: 173-400-
for Sources and Portable 110(1)(c)(ii)(C); 173-400-
Sources. 110(1)(e); 173-400-110(2)(d);
--The part of WAC 173-400-
110(4)(b)(vi) that says, ``not
for use with materials
containing toxic air
pollutants, as listed in
chapter 173-460 WAC,'';
--The part of 400-
110(4)(e)(iii) that says,
``where toxic air pollutants
as defined in chapter 173-460
WAC are not emitted'';
--The part of 400-
110(4)(e)(f)(i) that says,
``that are not toxic air
pollutants listed in chapter
173-460 WAC'';
--The part of 400-
110(4)(h)(xviii) that says,
``, to the extent that toxic
air pollutant gases as defined
in chapter 173-460 WAC are not
emitted'';
--The part of 400-
110(4)(h)(xxxiii) that says,
``where no toxic air
pollutants as listed under
chapter 173-460 WAC are
emitted'';
--The part of 400-
110(4)(h)(xxxiv) that says,
``, or <=1% (by weight) toxic
air pollutants as listed in
chapter 173-460 WAC'';
--The part of 400-
110(4)(h)(xxxv) that says,
``or <=1% (by weight) toxic
air pollutants'';
--The part of 400-
110(4)(h)(xxxvi) that says,
``or <=1% (by weight) toxic
air pollutants as listed in
chapter 173-460 WAC''; 400-
110(4)(h)(xl), second
sentence;
--The last row of the table in
173-400-110(5)(b) regarding
exemption levels for Toxic Air
Pollutants.
173-400-111........................ Processing Notice of 12/29/12 Except: 173-400-111(3)(h);
Construction Applications --The part of 173-400-
for Sources, Stationary 111(8)(a)(v) that says, ``and
Sources and Portable 173-460-040,''; 173-400-
Sources. 111(9).
173-400-112........................ Requirements for New 12/29/12 Except: 173-400-112(8).
Sources in Nonattainment
Areas--Review for
Compliance with
Regulations.
173-400-113........................ New Sources in Attainment 12/29/12 Except: 173-400-113(3), second
or Unclassifiable Areas-- sentence.
Review for Compliance
with Regulations.
173-400-117........................ Special Protection 12/29/12 Except facilities subject to
Requirements for Federal the applicability provisions
Class I Areas. of WAC 173-400-700.
173-400-118........................ Designation of Class I, 12/29/12 ...............................
II, and III Areas.
173-400-131........................ Issuance of Emission 4/1/11 ...............................
Reduction Credits.
173-400-136........................ Use of Emission Reduction 12/29/12 ...............................
Credits (ERC).
173-400-151........................ Retrofit Requirements for 2/10/05 ...............................
Visibility Protection.
173-400-171........................ Public Notice and 12/29/12 Except:
Opportunity for Public --The part of 173-400-171(3)(b)
Comment. that says, ``or any increase
in emissions of a toxic air
pollutant above the acceptable
source impact level for that
toxic air pollutant as
regulated under chapter 173-
460 WAC''; 173-400-171(12).
173-400-175........................ Public Information........ 2/10/05 ...............................
173-400-200........................ Creditable Stack Height & 2/10/05 ...............................
Dispersion Techniques.

[[Page 55283]]

173-400-560........................ General Order of Approval. 12/29/12 Except:
--The part of 173-400-560(1)(f)
that says, ``173-460 WAC''.
173-400-800........................ Major Stationary Source 4/1/11 ...............................
and Major Modification in
a Nonattainment Area.
173-400-810........................ Major Stationary Source 12/29/12 ...............................
and Major Modification
Definitions.
173-400-820........................ Determining if a New 12/29/12 ...............................
Stationary Source or
Modification to a
Stationary Source is
Subject to these
Requirements.
173-400-830........................ Permitting Requirements... 12/29/12 ...............................
173-400-840........................ Emission Offset 12/29/12 ...............................
Requirements.
173-400-850........................ Actual Emissions Plantwide 12/29/12 ...............................
Applicability Limitation
(PAL).
173-400-860........................ Public Involvement 4/1/11 ...............................
Procedures.
----------------------------------------------------------------------------------------------------------------

B. Regulations To Approve But Not Incorporate by Reference

In addition to the regulations proposed for approval and
incorporation by reference above, the EPA reviews and approves state
and local clean air agency submissions to ensure they provide adequate
enforcement authority and other general authority to implement and
enforce the SIP. However, regulations describing such agency
enforcement and other general authority are generally not incorporated
by reference so as to avoid potential conflict with the EPA's
independent authorities. The EPA has reviewed and is proposing to
approve BCAA, Regulation 1, Article 2, General Provisions, as having
adequate enforcement and other general authority for purposes of
implementing and enforcing its SIP, but is not incorporating this
section by reference into the SIP codified in 40 CFR 52.2470(c).
Instead, the EPA is proposing to include sections 2.01, Powers and
Duties of the Benton Clean Air Agency (BCAA); 2.02, Requirements for
Board of Directors Members (replaces WAC 173-400-220); 2.03, Powers and
Duties of the Board of Directors; 2.04, Powers and Duties of the
Control Officer; 2.05, Severability; and 2.06, Confidentiality of
Records and Information, in 40 CFR 52.2470(e), EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures, as approved but
not incorporated by reference regulatory provisions. Finally, for the
reasons discussed above, the EPA is proposing to move WAC 173-400-230,
Regulatory Actions; WAC 173-400-240, Criminal Penalties; WAC 173-400-
250, Appeals; and WAC 173-400-260, Conflict of Interest, currently
incorporated by reference in 40 CFR 52.2470(c)--Table 4, to the list of
provisions in 40 CFR 52.2470(e) that are approved but not incorporated
by reference.

C. Regulations To Remove From the SIP

The regulations contained in Washington's SIP at 40 CFR
52.2470(c)--Table 4 were last approved by the EPA on June 2, 1995 (60
FR 28726). The EPA is proposing to remove from this table WAC 173-400-
010 and 173-400-020 because these provisions will be replaced by the
BCAA corollaries 1.02, Policy and Purpose and 1.03, Applicability, as
shown in Attachment 2 of the SIP revision. We are also proposing to
remove WAC 173-400-100, because this outdated provision is no longer
part of the EPA-approved SIP for Ecology's direct jurisdiction under
CFR 52.2470(c)--Table 2 and BCAA has requested that it be removed from
the BCAA's jurisdiction under CFR 52.2470(c)--Table 4. For more
information please see the EPA's proposed (79 FR 39351, July 10, 2014)
and final (79 FR 59653, October 3, 2014) actions on the general
provisions of Chapter 173-400 WAC.

D. Scope of Proposed Action

This proposed revision to the SIP applies specifically to the BCAA
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 4.
As discussed in the EPA's proposed (79 FR 39351, July 10, 2014) and
final (79 FR 59653, October 3, 2014) actions on the general provisions
of Chapter 173-400 WAC, jurisdiction is generally defined on a
geographic basis (Benton County); however there are exceptions. By
statute, BCAA does not have authority for sources under the
jurisdiction of the Energy Facilities Site Evaluation Council (EFSEC).
See Revised Code of Washington Chapter 80.50. Under the applicability
provisions of WAC 173-405-012, WAC 173-410-012, and WAC 173-415-012,
BCAA also does not have jurisdiction for kraft pulp mills, sulfite
pulping mills, and primary aluminum plants. For these sources, Ecology
retains statewide, direct jurisdiction. Ecology also retains statewide,
direct jurisdiction for the Prevention of Significant Deterioration
(PSD) permitting program. Therefore, the EPA is not approving into 40
CFR 52.2470(c)--Table 4 those provisions of Chapter 173-400 WAC related
to the PSD program. Specifically, these provisions are WAC 173-400-116
and WAC 173-400-700 through 750.
As described in the EPA's April 29, 2015 final action, jurisdiction
to implement the visibility permitting program contained in WAC 173-
400-117 varies depending on the situation. Ecology retains authority to
implement WAC 173-400-117 as it relates to PSD permits (80 FR 23721).
However for facilities subject to nonattainment new source review
(NNSR) under the applicability provisions of WAC 173-400-800, we are
proposing that BCAA would be responsible for implementing those parts
of WAC 173-400-117 as they relate to NNSR permits. See 80 FR 23726.
Lastly, the SIP is not approved to apply in Indian reservations in
the State, except for non-trust land within the exterior boundaries of
the Puyallup Indian Reservation (also known as the 1873 Survey Area),
or any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction.

IV. Incorporation by Reference

In accordance with requirements of 1 CFR 51.5, the EPA is proposing
to revise

[[Page 55284]]

our incorporation by reference of 40 CFR 52.2470(c)--Table 4
``Additional Regulations Approved for the Benton Clean Air Agency
(BCAA) Jurisdiction'' to reflect the regulations shown in the tables in
section III.A. Regulations to Approve and Incorporate by Reference into
the SIP and the rules proposed for removal from the SIP in section
III.C. Regulations to Remove from the SIP. The EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).

V. 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, 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 the 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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it will not impose substantial direct costs on tribal
governments or preempt tribal law. As discussed above, the SIP is not
approved to apply in Indian reservations in the state, except for non-
trust land within the exterior boundaries of the Puyallup Indian
Reservation (also known as the 1873 Survey Area), or any other area
where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction.

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.

Authority: 42 U.S.C. 7401 et seq.

Dated: September 2, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2015-23144 Filed 9-14-15; 8:45 am]
BILLING CODE 6560-50-P

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