Approval and Promulgation of Implementation Plans; Washington: Spokane Second 10-Year Carbon Monoxide Limited Maintenance Plan, 45417-45419 [2016-16452]
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Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations
in accordance with § 721.160(c)(3)(ii),
EPA is withdrawing the direct final
SNURS issued for the following
chemical substances, which were the
subject of PMNs: Functionalized carbon
nanotubes (generic), (PMN P–15–276),
Diisocyanato hexane, homopolymer,
alkanoic acid-polyalkylene glycol ether
with substituted alkane (3:1) reaction
products-blocked (generic), (PMN P–15–
378), and Modified diphenylmethane
diisocyanate prepolymer with polyol
(generic), (PMN P–15–559). EPA intends
to publish proposed SNURs for the
chemical substances identified in this
document.
For further information regarding
EPA’s direct final rulemaking
procedures for issuing SNURs, see 40
CFR part 721, subpart D, and the
Federal Register of July 27, 1989 (54 FR
31314).
III. Good Cause Finding
EPA determined that this document is
not subject to the 30-day delay of
effective date generally required by the
Administrative Procedure Act (APA) (5
U.S.C. 553(d)) because of the time
limitations for publication in the
Federal Register. This document must
publish on or before the effective date
of the direct final rule containing the
direct final SNURs being withdrawn.
mstockstill on DSK3G9T082PROD with RULES
IV. Statutory and Executive Order
Reviews
This action withdraws regulatory
requirements that have not gone into
effect and which contain no new or
amended requirements. As such, the
Agency has determined that this action
will not have any adverse impacts,
economic or otherwise. The statutory
and Executive Order review
requirements applicable to the direct
final rule were discussed in the May 16,
2016 Federal Register. Those review
requirements do not apply to this action
because it is a withdrawal and does not
contain any new or amended
requirements.
V. Congressional Review Act (CRA)
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
Section 808 of the CRA allows the
issuing agency to make a rule effective
sooner than otherwise provided by CRA
if the agency makes a good cause
finding that notice and public procedure
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is impracticable, unnecessary, or
contrary to the public interest. As
required by 5 U.S.C. 808(2), this
determination is supported by a brief
statement in Unit III.
List of Subjects
45417
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2016–0290; FRL–9948–97–
Region 10]
Environmental protection, Reporting
and recordkeeping requirements.
Approval and Promulgation of
Implementation Plans; Washington:
Spokane Second 10-Year Carbon
Monoxide Limited Maintenance Plan
40 CFR Part 721
AGENCY:
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
SUMMARY:
40 CFR Part 9
Dated: July 7, 2016.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
Therefore, 40 CFR chapter I is
amended as follows:
PART 9—[AMENDED]
1. The authority citation for part 9
continues to read as follows:
■
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345(d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
§ 9.1
[Amended]
2. In the table in § 9.1, under the
undesignated center heading
‘‘Significant New Uses of Chemical
Substances,’’ remove §§ 721.10902,
721.10913 and 721.10920.
■
PART 721—[AMENDED]
3. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
§ 721.10902
■
4. Remove § 721.10902.
§ 721.10913
■
[Removed]
5. Remove § 721.10913.
§ 721.10920
■
[Removed]
[Removed]
6. Remove § 721.10920.
[FR Doc. 2016–16576 Filed 7–13–16; 8:45 am]
BILLING CODE 6560–50–P
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving the limited
maintenance plan submitted on May 11,
2016, by the Washington Department of
Ecology (Ecology), in cooperation with
the Spokane Regional Clean Air Agency
(SRCAA) for the Spokane carbon
monoxide (CO) maintenance area
(Spokane area or area). The Spokane
area includes the cities of Spokane,
Spokane Valley, Millwood, and
surrounding urban areas in Spokane
County, Washington. This plan
addresses the second 10-year
maintenance period for the National
Ambient Air Quality Standards
(NAAQS) promulgated for CO, as
revised in 1985. The Spokane area has
had no exceedances of the CO NAAQS
since 1997 and monitored CO levels in
the area continue to decline steadily.
The EPA is also approving an
alternative CO monitoring strategy for
the Spokane area which was submitted
as part of the limited maintenance plan.
DATES: This final rule is effective August
15, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2016–0290. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the Internet and is publicly available
only in hard copy form. Publicly
available docket materials are available
at https://www.regulations.gov or at EPA
Region 10, Office of Air and Waste, 1200
Sixth Avenue, Seattle, Washington
98101. The EPA requests that you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
E:\FR\FM\14JYR1.SGM
14JYR1
45418
Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations
Jeff
Hunt, Air Planning Unit, Office of Air
and Waste (AWT–150), Environmental
Protection Agency, Region 10, 1200
Sixth Ave., Suite 900, Seattle, WA
98101; telephone number: (206) 553–
0256; email address: hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Contents
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background Information
On May 27, 2016, the EPA proposed
to approve the limited maintenance
plan submitted by the State of
Washington for the Spokane CO area,
including proposed approval of an
alternative CO monitoring strategy and
removal of an obsolete site-specific
order and amendment for the former
Kaiser Aluminum and Chemical
Corporation’s aluminum reduction plant
(81 FR 33632). An explanation of the
Clean Air Act requirements, a detailed
analysis of the submittal, and the EPA’s
reasons for proposing approval were
provided in the notice of proposed
rulemaking, and will not be restated
here. The public comment period for
this proposed rule ended on June 27,
2016. The EPA received no comments
on the proposal.
mstockstill on DSK3G9T082PROD with RULES
II. Final Action
The EPA is approving the limited
maintenance plan submitted by the
State of Washington for the Spokane CO
area. We are approving the request to
remove the associated order and
amendment for the former Kaiser
Aluminum and Chemical Corporation’s
aluminum reduction plant located in
Mead, Washington from incorporation
by reference in the Washington State
Implementation Plan (SIP) because the
facility has been shut down, dismantled,
and the operating permit has been
revoked. We are also approving the
State’s alternative CO monitoring
strategy for the Spokane area. The EPA’s
approval of this limited maintenance
plan satisfies the Clean Air Act (CAA)
section 175A requirements for the
second 10-year period in the Spokane
CO area.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference as described
in the amendments to 40 CFR part 52 set
forth below. These materials have been
VerDate Sep<11>2014
15:55 Jul 13, 2016
Jkt 238001
approved by the EPA for inclusion in
the State implementation plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 10 Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
IV. Statutory and Executive Orders
Review
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);
PO 00000
1 62
FR 27968 (May 22, 1997).
Frm 00032
Fmt 4700
Sfmt 4700
• 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 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).
This SIP revision is not approved to
apply on any Indian reservation land in
Washington or any other area where the
EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those
areas, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). However,
consistent with EPA policy, the EPA
provided a consultation opportunity to
the Spokane Tribe in a letter dated
September 11, 2015. 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 September 12,
2016. 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)).
E:\FR\FM\14JYR1.SGM
14JYR1
45419
Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
■
Dated: June 29, 2016.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
■
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
DE 01 AQIS–3285’’ (state effective date
4/9/03) from the table.
■ b. Amend paragraph (e) by adding an
entry at the end of Table 2—Attainment,
Maintenance, and Other Plans for
‘‘Carbon Monoxide 2nd 10-Year Limited
Maintenance Plan.’’
The addition reads as follows:
§ 52.2470
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
2. In § 52.2470:
■ a. Amend paragraph (d) by removing
the entries for ‘‘Kaiser Order DE 01
AQIS–3285’’ (state effective date 10/24/
01) and ‘‘Kaiser Order Amendment #1
*
Identification of plan.
*
*
(e) * * *
*
*
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable
geographic or
nonattainment
area
Name of SIP provision
*
*
Carbon Monoxide 2nd 10-Year Limited Maintenance Plan.
[FR Doc. 2016–16452 Filed 7–13–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0839; FRL–9948–93–
Region 4]
Determination of Attainment; Atlanta,
Georgia; 2008 Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
determine that the Atlanta, Georgia,
2008 Ozone National Ambient Air
Quality Standard (NAAQS) Moderate
Nonattainment Area (‘‘Atlanta Area’’ or
the ‘‘Area’’) has attained the 2008 8hour ozone NAAQS. This final
determination is based upon complete,
quality-assured, and certified ambient
air monitoring data showing that the
Area has monitored attainment of the
2008 8-hour ozone NAAQS for the
2013–2015 monitoring period. The
requirement for this Area to submit an
attainment demonstration and
associated reasonably available control
measures (RACM), reasonable further
progress (RFP) plans, contingency
measures, and other planning state
implementation plans (SIPs) related to
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:55 Jul 13, 2016
Jkt 238001
State submittal
date
*
Spokane ........
*
5/11/16
EPA approval date
*
*
7/14/2016, [Insert Federal Register citation]
attainment of the 2008 8-hour ozone
NAAQS is suspended until EPA
redesignates the Area to attainment,
approves a redesignation substitute, or
determines that the Area has violated
the 2008 8-hour ozone NAAQS. This
final attainment determination does not
constitute a redesignation to attainment.
The Atlanta Area will remain in
nonattainment status for the 2008 8hour ozone NAAQS until such time as
the State requests a redesignation to
attainment and EPA determines that the
Atlanta Area meets the Clean Air Act
(CAA or Act) requirements for
redesignation, including an approved
maintenance plan.
DATES: This rule will be effective August
15, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0839. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure 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 Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
PO 00000
Frm 00033
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Explanations
*
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding federal holidays.
Jane
Spann, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta,
Georgia 30303–8960. Ms. Spann can be
reached via phone at (404) 562–9029 or
via electronic mail at spann.jane@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA revised both
the primary and secondary NAAQS for
ozone to a level of 0.075 parts per
million (ppm) (annual fourth-highest
daily maximum 8-hour average
concentration, averaged over three
years) to provide increased protection of
public health and the environment. See
73 FR 16436 (March 27, 2008). The 2008
ozone NAAQS retains the same general
form and averaging time as the 0.08
ppm NAAQS set in 1997, but is set at
a more protective level.
E:\FR\FM\14JYR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45417-45419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16452]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0290; FRL-9948-97-Region 10]
Approval and Promulgation of Implementation Plans; Washington:
Spokane Second 10-Year Carbon Monoxide Limited Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
limited maintenance plan submitted on May 11, 2016, by the Washington
Department of Ecology (Ecology), in cooperation with the Spokane
Regional Clean Air Agency (SRCAA) for the Spokane carbon monoxide (CO)
maintenance area (Spokane area or area). The Spokane area includes the
cities of Spokane, Spokane Valley, Millwood, and surrounding urban
areas in Spokane County, Washington. This plan addresses the second 10-
year maintenance period for the National Ambient Air Quality Standards
(NAAQS) promulgated for CO, as revised in 1985. The Spokane area has
had no exceedances of the CO NAAQS since 1997 and monitored CO levels
in the area continue to decline steadily. The EPA is also approving an
alternative CO monitoring strategy for the Spokane area which was
submitted as part of the limited maintenance plan.
DATES: This final rule is effective August 15, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2016-0290. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information may not be publicly available, i.e.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and is publicly
available only in hard copy form. Publicly available docket materials
are available at https://www.regulations.gov or at EPA Region 10, Office
of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA
requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding Federal holidays.
[[Page 45418]]
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office
of Air and Waste (AWT-150), Environmental Protection Agency, Region 10,
1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone number: (206)
553-0256; email address: hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background Information
On May 27, 2016, the EPA proposed to approve the limited
maintenance plan submitted by the State of Washington for the Spokane
CO area, including proposed approval of an alternative CO monitoring
strategy and removal of an obsolete site-specific order and amendment
for the former Kaiser Aluminum and Chemical Corporation's aluminum
reduction plant (81 FR 33632). An explanation of the Clean Air Act
requirements, a detailed analysis of the submittal, and the EPA's
reasons for proposing approval were provided in the notice of proposed
rulemaking, and will not be restated here. The public comment period
for this proposed rule ended on June 27, 2016. The EPA received no
comments on the proposal.
II. Final Action
The EPA is approving the limited maintenance plan submitted by the
State of Washington for the Spokane CO area. We are approving the
request to remove the associated order and amendment for the former
Kaiser Aluminum and Chemical Corporation's aluminum reduction plant
located in Mead, Washington from incorporation by reference in the
Washington State Implementation Plan (SIP) because the facility has
been shut down, dismantled, and the operating permit has been revoked.
We are also approving the State's alternative CO monitoring strategy
for the Spokane area. The EPA's approval of this limited maintenance
plan satisfies the Clean Air Act (CAA) section 175A requirements for
the second 10-year period in the Spokane CO area.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference as described
in the amendments to 40 CFR part 52 set forth below. These materials
have been approved by the EPA for inclusion in the State implementation
plan, have been incorporated by reference by the EPA into that plan,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of EPA's approval, and
will be incorporated by reference by the Director of the Federal
Register in the next update to the SIP compilation.\1\ The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and/or at the EPA Region 10 Office (please
contact the person identified in the For Further Information Contact
section of this preamble for more information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Orders Review
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 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 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).
This SIP revision is not approved to apply on any Indian
reservation land in Washington or any other area where the EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
However, consistent with EPA policy, the EPA provided a consultation
opportunity to the Spokane Tribe in a letter dated September 11, 2015.
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 September 12, 2016. 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)).
[[Page 45419]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 29, 2016.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. In Sec. 52.2470:
0
a. Amend paragraph (d) by removing the entries for ``Kaiser Order DE 01
AQIS-3285'' (state effective date 10/24/01) and ``Kaiser Order
Amendment #1 DE 01 AQIS-3285'' (state effective date 4/9/03) from the
table.
0
b. Amend paragraph (e) by adding an entry at the end of Table 2--
Attainment, Maintenance, and Other Plans for ``Carbon Monoxide 2nd 10-
Year Limited Maintenance Plan.''
The addition reads as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(e) * * *
Table 2--Attainment, Maintenance, and Other Plans
----------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of SIP provision or nonattainment area submittal date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Carbon Monoxide 2nd 10-Year Spokane................ 5/11/16 7/14/2016, [Insert
Limited Maintenance Plan. Federal Register
citation]
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-16452 Filed 7-13-16; 8:45 am]
BILLING CODE 6560-50-P
