Air Plan Approval; Washington; Interstate Transport Requirements for the 2012 PM2.5, 30380-30382 [2018-13861]
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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Proposed Rules
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
BAE Systems (Operations) Limited’s EASA
Design Organization Approval (DOA). If
approved by the DOA, the approval must
include the DOA-authorized signature.
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(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2017–0212, dated October 25, 2017; for
related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2018–0555.
(2) For more information about this AD,
contact Todd Thompson, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3228.
(3) For service information identified in
this AD, contact BAE Systems (Operations)
Limited, Customer Information Department,
Prestwick International Airport, Ayrshire,
KA9 2RW, Scotland, United Kingdom;
telephone +44 1292 675207; fax +44 1292
675704; email RApublications@
baesystems.com; internet https://
www.baesystems.com/Businesses/
RegionalAircraft/index.htm. You may view
this service information at the FAA,
Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information
on the availability of this material at the
FAA, call 206–231–3195.
Issued in Des Moines, Washington, on June
19, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–13782 Filed 6–27–18; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0060; FRL–9979–
99—Region 10]
Air Plan Approval; Washington;
Interstate Transport Requirements for
the 2012 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Clean Air Act (CAA)
requires each State Implementation Plan
(SIP) to contain adequate provisions
prohibiting emissions that will have
certain adverse air quality effects in
other states. On February 7, 2018, the
State of Washington made a submission
to the Environmental Protection Agency
(EPA) to address these requirements.
The EPA is proposing to approve the
submission as meeting the requirement
that each SIP contain adequate
provisions to prohibit emissions that
will contribute significantly to
nonattainment or interfere with
maintenance of the 2012 annual fine
particulate matter (PM2.5) national
ambient air quality standard (NAAQS)
in any other state.
DATES: Comments must be received on
or before July 30, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2018–0060 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information the disclosure of which is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, Air Planning Unit, Office of Air
SUMMARY:
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and Waste (OAW–150), Environmental
Protection Agency, Region 10, 1200
Sixth Ave., Suite 155, Seattle, WA
98101; telephone number: (206) 553–
0256; email address: hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. This supplementary
information section is arranged as
follows:
Table of Contents
I. What is the background of this SIP
submission?
II. What guidance or information is the EPA
using to evaluate this SIP submission?
III. The EPA’s Review
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background of this SIP
submission?
This rulemaking addresses a
submission from the Washington
Department of Ecology (Ecology)
assessing interstate transport
requirements for the 2012 annual PM2.5
NAAQS. The requirement for states to
make a SIP submission of this type
arises from section 110(a)(1) of the CAA.
Pursuant to section 110(a)(1), states
must submit within 3 years (or such
shorter period as the Administrator may
prescribe) after the promulgation of a
national primary ambient air quality
standard (or any revision thereof), a
plan that provides for the
implementation, maintenance, and
enforcement of such NAAQS. The
statute directly imposes on states the
duty to make these SIP submissions,
and the requirement to make the
submissions is not conditioned upon
the EPA taking any action other than
promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of
specific elements that ‘‘[e]ach such
plan’’ submission must address. The
EPA commonly refers to such state
plans as ‘‘infrastructure SIPs.’’
Specifically, this rulemaking addresses
the requirements under CAA section
110(a)(2)(D)(i)(I), otherwise known as
the ‘‘good neighbor’’ provision, which
requires SIPs to contain adequate
provisions to prohibit emissions that
will contribute significantly to
nonattainment or interfere with
maintenance of the NAAQS in any other
state.
II. What guidance or information is the
EPA using to evaluate this SIP
submission?
The most recent relevant document
was a memorandum published on
March 17, 2016, titled ‘‘Information on
the Interstate Transport ‘‘Good
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Neighbor’’ Provision for the 2012 Fine
Particulate Matter National Ambient Air
Quality Standards under Clean Air Act
Section 110(a)(2)(D)(i)(I)’’
(memorandum). The memorandum
describes the EPA’s past approach to
addressing interstate transport, and
provides the EPA’s general review of
relevant modeling data and air quality
projections as they relate to the 2012
annual PM2.5 NAAQS. The
memorandum provides information
relevant to the EPA Regional office
review of the CAA section
110(a)(2)(D)(i)(I) ‘‘good neighbor’’
provision in infrastructure SIPs with
respect to the 2012 annual PM2.5
NAAQS. This rulemaking considers
information provided in that
memorandum.
The memorandum also provides
states and the EPA Regional offices with
future year annual PM2.5 design values
for monitors in the United States based
on quality assured and certified ambient
monitoring data and air quality
modeling. The memorandum describes
how these projected potential design
values can be used to help determine
which monitors should be further
evaluated to potentially address
whether emissions from other states
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 annual PM2.5
NAAQS at those sites. The
memorandum explains that the
pertinent year for evaluating air quality
for purposes of addressing interstate
transport for the 2012 PM2.5 NAAQS is
2021, the attainment deadline for 2012
PM2.5 NAAQS nonattainment areas
classified as Moderate.
Based on this approach, the potential
receptors are outlined in the
memorandum. Most of the potential
receptors are in California, located in
the San Joaquin Valley or South Coast
nonattainment areas. However, there is
also one potential receptor in Shoshone
County, Idaho, and one potential
receptor in Allegheny County,
Pennsylvania. The memorandum also
indicates that for certain states with
incomplete ambient monitoring data,
additional information including the
latest available data should be analyzed
to determine whether there are potential
downwind air quality problems that
may be impacted by transported
emissions.
This rulemaking considers analysis in
Washington’s submission, as well as
additional analysis conducted by the
EPA during review of its submission.
For more information on how we
conducted our analysis, please see the
technical support document (TSD)
included in the docket for this action.
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III. The EPA’s Review
This rulemaking proposes action on
Washington’s February 7, 2018, SIP
submission addressing the good
neighbor provision requirements of
CAA section 110(a)(2)(D)(i)(I). State
plans must address specific
requirements of the good neighbor
provisions (commonly referred to as
‘‘prongs’’), including:
—Prohibiting any source or other type
of emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in
another state (prong one); and
—Prohibiting any source or other type
of emissions activity in one state from
interfering with maintenance of the
NAAQS in another state (prong two).
The EPA has developed a consistent
framework for addressing the prong one
and two interstate transport
requirements with respect to the PM2.5
NAAQS in several previous federal
rulemakings. The four basic steps of that
framework include: (1) Identifying
downwind receptors that are expected
to have problems attaining or
maintaining the relevant NAAQS; (2)
identifying which upwind states
contribute to these identified problems
in amounts sufficient to warrant further
review and analysis; (3) for states
identified as contributing to downwind
air quality problems, identifying
upwind emissions reductions necessary
to prevent an upwind state from
significantly contributing to
nonattainment or interfering with
maintenance of the relevant NAAQS
downwind; and (4) for states that are
found to have emissions that
significantly contribute to
nonattainment or interfere with
maintenance of the relevant NAAQS
downwind, reducing the identified
upwind emissions through adoption of
permanent and enforceable measures.
This framework was applied with
respect to PM2.5 in the Cross-State Air
Pollution Rule (CSAPR), designed to
address both the 1997 and 2006 PM2.5
standards, as well as the 1997 ozone
standard.1
In its submission, Ecology generally
mirrored the framework established by
the EPA. Specifically: (1) Ecology
reviewed past and current air quality
nationwide to identify potential
downwind receptors that may have
problems attaining or maintaining the
2012 PM2.5 NAAQS; (2) Ecology
1 Washington was not part of the CSAPR
rulemaking. The EPA approved the Washington SIP
as meeting the CAA section 110(a)(2)(D)(i)(I)
requirements for the 1997 ozone and 1997 PM2.5
NAAQS on January 13, 2009 (74 FR 1591) and the
2006 PM2.5 NAAQS on July 30, 2015 (80 FR 45429).
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30381
identified those western receptors from
the broader nationwide list that may be
impacted by Washington for further
review and analysis; (3) Ecology then
reviewed air quality reports, modeling
results, designation letters, designation
technical support documents, and
available attainment plans to determine
if emissions from Washington may
impact these specific areas; (4) Lastly,
Ecology conducted its own independent
Hybrid Single Particle Lagrangian
Integrated Trajectory (HYSPLIT) back
trajectory modeling for Shoshone
County, Idaho to support the state’s
conclusion that sources in Washington
are not significantly contributing to this
receptor, or interfering with
maintenance of this receptor. From this
analysis, Ecology concluded that
Washington does not significantly
contribute to nonattainment or interfere
with maintenance of the 2012 PM2.5
NAAQS in any other state.
As discussed in the TSD for this
action, we came to the same conclusion
as the state. In our evaluation, potential
downwind nonattainment and
maintenance receptors were identified
in other states. The EPA evaluated these
potential receptors to determine first if,
based on review of relevant data and
other information, there would be
downwind nonattainment or
maintenance problems, and if so,
whether Washington contributes to such
problems in these areas. After reviewing
air quality reports, modeling results,
designation letters, designation
technical support documents,
attainment plans and other information
for these areas, we find there is no
contribution sufficient to warrant
additional SIP measures. Therefore, we
are proposing to approve the
Washington SIP as meeting CAA section
110(a)(2)(i)(I) interstate transport
requirements for the 2012 PM2.5
NAAQS.
IV. What action is the EPA taking?
The EPA is proposing to approve
Ecology’s February 7, 2018, submission
certifying that the Washington SIP is
sufficient to meet the interstate
transport requirements of CAA section
110(a)(2)(D)(i)(I), specifically prongs one
and two, as set forth above. The EPA is
requesting comments on the proposed
approval.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
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EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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 CAA; and
• Does not provide 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where 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 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).
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: June 14, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018–13861 Filed 6–27–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2018–0035;
FXES11130900000C2–189–FF09E42000]
RIN 1018–BB98
Endangered and Threatened Wildlife
and Plants; Proposed Replacement of
the Regulations for the Nonessential
Experimental Population of Red
Wolves in Northeastern North Carolina
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; availability of a
draft environmental assessment,
opening of comment period, and
announcement of public hearing.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
replace the existing regulations
governing the nonessential experimental
population designation of the red wolf
(Canis rufus) under section 10(j) of the
Endangered Species Act, as amended.
We request public comments, and
announce a public information session
and public hearing, on this proposed
rule. In addition, we announce the
availability of a draft environmental
assessment on the proposed
replacement of the existing nonessential
experimental population regulations for
the red wolf. In conjunction with this
proposed action, we are initiating
consultation pursuant to section 7 of the
Endangered Species Act and completing
a compatibility determination pursuant
to the National Wildlife Refuge System
Improvement Act of 1997.
We propose this action to ensure our
regulations are based on the most recent
science and lessons learned related to
the management of red wolves. If
adopted as proposed, this action would
further conservation of red wolf
recovery overall by allowing for the
reallocation of resources to enhance
support for the captive population,
retention of a propagation population
SUMMARY:
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for future new reintroduction efforts
that is influenced by natural selection,
and provision of a population for
continued scientific research on wild
red wolf behavior and population
management. This action would also
promote the viability of the nonessential
experimental population by authorizing
proven management techniques, such as
the release of animals from the captive
population into the nonessential
experimental population, which is vital
to maintaining a genetically healthy
population.
DATES:
Written comments: We will consider
comments we receive on or before July
30, 2018. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date.
Requests for additional public
hearings: We must receive requests for
additional public hearings, in writing, at
the address shown in FOR FURTHER
INFORMATION CONTACT by July 12, 2018.
Public information session and public
hearing: On July 10, 2018, we will hold
a public information session and public
hearing on this proposed rule and draft
environmental assessment. The public
information session is scheduled from
5:30 p.m. to 6:30 p.m., and the public
hearing from 7 p.m. to 9 p.m.
ADDRESSES:
Availability of documents: This
proposed rule is available on https://
www.regulations.gov at Docket No.
FWS–R4–ES–2018–0035 and on our
website at https://www.fws.gov/Raleigh.
Comments and materials we receive, as
well as supporting documentation we
used in preparing this proposed rule,
are also available for public inspection
at https://www.regulations.gov. All
comments, materials, and
documentation that we considered in
this document are available for public
inspection, by appointment, during
normal business hours, at the Raleigh
Ecological Services Field Office, U.S.
Fish and Wildlife Service, 551F Pylon
Drive, Raleigh, NC 27606; telephone
919–856–4520; or facsimile 919–856–
4556. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 1–800–877–8339.
Comment submission: You may
submit written comments on this
proposed rule and draft environmental
assessment by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R4–ES–2018–0035, which is
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Agencies
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Proposed Rules]
[Pages 30380-30382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13861]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0060; FRL-9979-99--Region 10]
Air Plan Approval; Washington; Interstate Transport Requirements
for the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Clean Air Act (CAA) requires each State Implementation
Plan (SIP) to contain adequate provisions prohibiting emissions that
will have certain adverse air quality effects in other states. On
February 7, 2018, the State of Washington made a submission to the
Environmental Protection Agency (EPA) to address these requirements.
The EPA is proposing to approve the submission as meeting the
requirement that each SIP contain adequate provisions to prohibit
emissions that will contribute significantly to nonattainment or
interfere with maintenance of the 2012 annual fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS) in any
other state.
DATES: Comments must be received on or before July 30, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0060 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10,
1200 Sixth Ave., Suite 155, Seattle, WA 98101; telephone number: (206)
553-0256; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. This supplementary
information section is arranged as follows:
Table of Contents
I. What is the background of this SIP submission?
II. What guidance or information is the EPA using to evaluate this
SIP submission?
III. The EPA's Review
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
This rulemaking addresses a submission from the Washington
Department of Ecology (Ecology) assessing interstate transport
requirements for the 2012 annual PM2.5 NAAQS. The
requirement for states to make a SIP submission of this type arises
from section 110(a)(1) of the CAA. Pursuant to section 110(a)(1),
states must submit within 3 years (or such shorter period as the
Administrator may prescribe) after the promulgation of a national
primary ambient air quality standard (or any revision thereof), a plan
that provides for the implementation, maintenance, and enforcement of
such NAAQS. The statute directly imposes on states the duty to make
these SIP submissions, and the requirement to make the submissions is
not conditioned upon the EPA taking any action other than promulgating
a new or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address. The EPA
commonly refers to such state plans as ``infrastructure SIPs.''
Specifically, this rulemaking addresses the requirements under CAA
section 110(a)(2)(D)(i)(I), otherwise known as the ``good neighbor''
provision, which requires SIPs to contain adequate provisions to
prohibit emissions that will contribute significantly to nonattainment
or interfere with maintenance of the NAAQS in any other state.
II. What guidance or information is the EPA using to evaluate this SIP
submission?
The most recent relevant document was a memorandum published on
March 17, 2016, titled ``Information on the Interstate Transport ``Good
[[Page 30381]]
Neighbor'' Provision for the 2012 Fine Particulate Matter National
Ambient Air Quality Standards under Clean Air Act Section
110(a)(2)(D)(i)(I)'' (memorandum). The memorandum describes the EPA's
past approach to addressing interstate transport, and provides the
EPA's general review of relevant modeling data and air quality
projections as they relate to the 2012 annual PM2.5 NAAQS.
The memorandum provides information relevant to the EPA Regional office
review of the CAA section 110(a)(2)(D)(i)(I) ``good neighbor''
provision in infrastructure SIPs with respect to the 2012 annual
PM2.5 NAAQS. This rulemaking considers information provided
in that memorandum.
The memorandum also provides states and the EPA Regional offices
with future year annual PM2.5 design values for monitors in
the United States based on quality assured and certified ambient
monitoring data and air quality modeling. The memorandum describes how
these projected potential design values can be used to help determine
which monitors should be further evaluated to potentially address
whether emissions from other states significantly contribute to
nonattainment or interfere with maintenance of the 2012 annual
PM2.5 NAAQS at those sites. The memorandum explains that the
pertinent year for evaluating air quality for purposes of addressing
interstate transport for the 2012 PM2.5 NAAQS is 2021, the
attainment deadline for 2012 PM2.5 NAAQS nonattainment areas
classified as Moderate.
Based on this approach, the potential receptors are outlined in the
memorandum. Most of the potential receptors are in California, located
in the San Joaquin Valley or South Coast nonattainment areas. However,
there is also one potential receptor in Shoshone County, Idaho, and one
potential receptor in Allegheny County, Pennsylvania. The memorandum
also indicates that for certain states with incomplete ambient
monitoring data, additional information including the latest available
data should be analyzed to determine whether there are potential
downwind air quality problems that may be impacted by transported
emissions.
This rulemaking considers analysis in Washington's submission, as
well as additional analysis conducted by the EPA during review of its
submission. For more information on how we conducted our analysis,
please see the technical support document (TSD) included in the docket
for this action.
III. The EPA's Review
This rulemaking proposes action on Washington's February 7, 2018,
SIP submission addressing the good neighbor provision requirements of
CAA section 110(a)(2)(D)(i)(I). State plans must address specific
requirements of the good neighbor provisions (commonly referred to as
``prongs''), including:
--Prohibiting any source or other type of emissions activity in one
state from contributing significantly to nonattainment of the NAAQS in
another state (prong one); and
--Prohibiting any source or other type of emissions activity in one
state from interfering with maintenance of the NAAQS in another state
(prong two).
The EPA has developed a consistent framework for addressing the
prong one and two interstate transport requirements with respect to the
PM2.5 NAAQS in several previous federal rulemakings. The
four basic steps of that framework include: (1) Identifying downwind
receptors that are expected to have problems attaining or maintaining
the relevant NAAQS; (2) identifying which upwind states contribute to
these identified problems in amounts sufficient to warrant further
review and analysis; (3) for states identified as contributing to
downwind air quality problems, identifying upwind emissions reductions
necessary to prevent an upwind state from significantly contributing to
nonattainment or interfering with maintenance of the relevant NAAQS
downwind; and (4) for states that are found to have emissions that
significantly contribute to nonattainment or interfere with maintenance
of the relevant NAAQS downwind, reducing the identified upwind
emissions through adoption of permanent and enforceable measures. This
framework was applied with respect to PM2.5 in the Cross-
State Air Pollution Rule (CSAPR), designed to address both the 1997 and
2006 PM2.5 standards, as well as the 1997 ozone standard.\1\
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\1\ Washington was not part of the CSAPR rulemaking. The EPA
approved the Washington SIP as meeting the CAA section
110(a)(2)(D)(i)(I) requirements for the 1997 ozone and 1997
PM2.5 NAAQS on January 13, 2009 (74 FR 1591) and the 2006
PM2.5 NAAQS on July 30, 2015 (80 FR 45429).
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In its submission, Ecology generally mirrored the framework
established by the EPA. Specifically: (1) Ecology reviewed past and
current air quality nationwide to identify potential downwind receptors
that may have problems attaining or maintaining the 2012
PM2.5 NAAQS; (2) Ecology identified those western receptors
from the broader nationwide list that may be impacted by Washington for
further review and analysis; (3) Ecology then reviewed air quality
reports, modeling results, designation letters, designation technical
support documents, and available attainment plans to determine if
emissions from Washington may impact these specific areas; (4) Lastly,
Ecology conducted its own independent Hybrid Single Particle Lagrangian
Integrated Trajectory (HYSPLIT) back trajectory modeling for Shoshone
County, Idaho to support the state's conclusion that sources in
Washington are not significantly contributing to this receptor, or
interfering with maintenance of this receptor. From this analysis,
Ecology concluded that Washington does not significantly contribute to
nonattainment or interfere with maintenance of the 2012
PM2.5 NAAQS in any other state.
As discussed in the TSD for this action, we came to the same
conclusion as the state. In our evaluation, potential downwind
nonattainment and maintenance receptors were identified in other
states. The EPA evaluated these potential receptors to determine first
if, based on review of relevant data and other information, there would
be downwind nonattainment or maintenance problems, and if so, whether
Washington contributes to such problems in these areas. After reviewing
air quality reports, modeling results, designation letters, designation
technical support documents, attainment plans and other information for
these areas, we find there is no contribution sufficient to warrant
additional SIP measures. Therefore, we are proposing to approve the
Washington SIP as meeting CAA section 110(a)(2)(i)(I) interstate
transport requirements for the 2012 PM2.5 NAAQS.
IV. What action is the EPA taking?
The EPA is proposing to approve Ecology's February 7, 2018,
submission certifying that the Washington SIP is sufficient to meet the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I),
specifically prongs one and two, as set forth above. The EPA is
requesting comments on the proposed approval.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the
[[Page 30382]]
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely approves state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 CAA; and
Does not provide 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where 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 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: June 14, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-13861 Filed 6-27-18; 8:45 am]
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