Air Plan Approval; Washington: Inspection and Maintenance Program, 10026-10029 [2021-03033]
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10026
Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 19, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 5, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
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For the reasons stated in the
preamble, the Environmental Protection
Agency amends Part 52, chapter I, title
40 of the Code of Federal Regulations as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(307)(i)(C)(3) to
read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(307) * * *
(i) * * *
(C) * * *
(3) Previously approved on June 5,
2003 at (c)(307)(i)(C)(2) of this section
and now deleted without replacement,
Rule 67.11.1, adopted on September 25,
2002.
*
*
*
*
*
[FR Doc. 2021–02901 Filed 2–17–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2020–0174, FRL–10018–
23–Region 10]
Air Plan Approval; Washington:
Inspection and Maintenance Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Washington State Implementation
Plan (SIP) submitted by the State of
Washington on June 2, 2019, through
the Washington Department of Ecology.
The revision, applicable in Clark, King,
Pierce, Snohomish, and Spokane
Counties, Washington, removes the
Inspection and Maintenance (I/M)
program from the active control measure
portion of the SIP. The I/M program was
previously approved into the SIP for use
as a component of the State’s plans to
address on-road sources in certain
former nonattainment areas and is now
part of the contingency portion of the
applicable SIP for each area. The EPA
has determined that Washington’s June
2, 2019 SIP revision is consistent with
the applicable portions of the Clean Air
Act (CAA).
DATES: This final rule is effective March
22, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2020–0174. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
the disclosure of which is restricted by
SUMMARY:
PO 00000
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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
please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Karl
Pepple, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–1778, or pepple.karl@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
I. Background Information
On October 30, 2020, the EPA
proposed to approve Washington’s June
2, 2019 SIP revision moving the I/M
program located at Washington
Administrative Code (WAC) 173–422
from the actively implemented portion
of the Washington SIP to the
contingency measure portion of the SIP
(85 FR 68822). The reasons for our
proposed approval are included in the
proposal and will not be restated here.
The public comment period for our
proposal closed on November 30, 2020.
We received no public comments and
are finalizing our action as proposed.
II. Final Action
The EPA is moving the I/M program
located at WAC 173–422 from the
actively implemented portion of the
Washington SIP incorporated by
reference at 40 CFR 52.2470(c) to the
contingency measure and attainment
planning portion of the SIP at 40 CFR
52.2470(e).
III. Incorporation by Reference
In this document, the EPA is
removing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is removing the current
incorporation by reference of WAC
Chapter 173–422 in 40 CFR 52.2470(c)
as identified in Section II of this
preamble. The EPA has made, and will
continue to make, these materials
generally available through https://
www.regulations.gov and at the EPA
Region 10 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
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fully Federally-enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.1
IV. 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
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
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 proposed 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 the requirements would
be inconsistent with the CAA; 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).
1 62
FR 27968 (May 22, 1997).
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In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications 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).
Washington’s SIP is approved to apply
on non-trust land within the exterior
boundaries of the Puyallup Indian
Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe
of Indians Settlement Act of 1989, 25
U.S.C. 1773, Congress explicitly
provided state and local agencies in
Washington authority over activities on
non-trust lands within the 1873 Survey
Area. Consistent with EPA policy, the
EPA provided a consultation
opportunity to the Puyallup Tribe in a
letter dated August 9, 2019.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 19, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
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10027
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: February 9, 2021.
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. In § 52.2470:
a. Amend Table 1 in paragraph (c) by:
i. Removing the heading ‘‘Washington
Administrative Code, Chapter 173–
422—Motor Vehicle Emission
Inspection’’; and
■ ii. Removing the entries ‘‘173–422–
010’’, ‘‘173–422–020’’, ‘‘173–422–030’’,
‘‘173–422–031’’, ‘‘173–422–035’’, ‘‘173–
422–040’’, ‘‘173–422–050’’, ‘‘173–422–
060’’, ‘‘173–422–065’’, ‘‘173–422–070’’,
‘‘173–422–075’’, ‘‘173–422–090’’, ‘‘173–
422–095’’, ‘‘173–422–100’’, ‘‘173–422–
120’’, ‘‘173–422–145’’, ‘‘173–422–160’’,
‘‘173–422–170’’, ‘‘173–422–175’’, ‘‘173–
422–090’’, and ‘‘173–422–095’’; and
■ b. Amend Table 2 in paragraph (e) by:
■ i. Under the heading ‘‘Attainment and
Maintenance Planning—Carbon
Monoxide’’:
■ A. Revising the entries ‘‘Carbon
Monoxide Maintenance Plan 10-Year
Update’’ (Applicable Geographic or
Nonattainment Area, Puget Sound); and
‘‘Carbon Monoxide Maintenance Plan
10-Year Update’’ (Applicable
Geographic or Nonattainment Area,
Vancouver); and
■ B. Revising the entry for ‘‘Carbon
Monoxide 2nd 10-Year Limited
Maintenance Plan’’; and
■ ii. Under the heading ‘‘Attainment
and Maintenance Planning—Ozone’’
revising the entries for ‘‘8-Hour Ozone
110(a)(1) Maintenance Plan’’
(Applicable Geographic or
Nonattainment Area, Seattle—Tacoma);
and ‘‘8-Hour Ozone 110(a)(1)
Maintenance Plan’’ (Applicable
Geographic or Nonattainment Area,
Vancouver);
■ iii. Under the heading ‘‘Attainment
and Maintenance Planning—Particulate
Matter (PM10)’’ revising the entry for
‘‘Particulate Matter (PM10) 2nd 10-Year
Limited Maintenance Plan’’ (Applicable
Geographic or Nonattainment Area,
Kent, Seattle, and Tacoma); and
■ iv. Under the heading ‘‘Other
Federally Mandated Plans’’ removing
■
■
■
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Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations
the entry for ‘‘Motor Vehicle Inspection
& Maintenance Program’’.
The revisions read as follows:
§ 52.2470
*
*
(e) * * *
Identification of plan.
*
*
*
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable geographic or
nonattainment area
Name of SIP provision
State submittal date
EPA approval date
Explanations
Attainment and Maintenance Planning—Carbon Monoxide
*
Carbon Monoxide Maintenance Plan 10-year Update.
*
*
Puget Sound .....................
*
*
12/17/03; 6/ 8/5/04, 69 FR 47365; 2/18/
3/19
2021, [Insert Federal
Register citation].
*
*
6/3/19 submission moved Motor Vehicle
Inspection and Maintenance Program
from control measure to contingency
measure.
*
Carbon Monoxide Maintenance Plan 10-year Update.
*
*
Vancouver .........................
*
*
4/25/07; 6/3/ 6/27/08, 73 FR 36439; 2/
19
18/2021, [Insert Federal
Register citation].
Carbon Monoxide 2nd 10Year Limited Maintenance Plan.
Spokane ............................
5/11/16; 6/3/
19
*
*
6/3/19 submission moved Motor Vehicle
Inspection and Maintenance Program
from control measure to contingency
measure.
6/3/19 submission moved Motor Vehicle
Inspection and Maintenance Program
from control measure to contingency
measure.
*
*
*
7/14/16, 81 FR 45419; 2/
18/2021, [Insert Federal
Register citation].
*
*
*
*
Attainment and Maintenance Planning—Ozone
*
8-Hour Ozone 110(a)(1)
Maintenance Plan.
*
*
Seattle—Tacoma ...............
8-Hour Ozone 110(a)(1)
Maintenance Plan.
Vancouver .........................
*
*
2/5/08; 6/3/ 5/2/14, 79 FR 25010; 2/18/
19
2021, [Insert Federal
Register citation].
1/17/07; 6/3/
19
8/11/15, 80 FR 48033; 2/
18/2021, [Insert Federal
Register citation].
*
*
6/3/19 submission moved Motor Vehicle
Inspection and Maintenance Program
from control measure to contingency
measure.
6/3/19 submission moved Motor Vehicle
Inspection and Maintenance Program
from control measure to contingency
measure.
Attainment and Maintenance Planning—Particulate Matter (PM10)
*
Particulate Matter (PM10)
2nd 10-Year Limited
Maintenance Plan.
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Kent, Seattle, and Tacoma
*
16:05 Feb 17, 2021
*
*
11/29/13; 6/ 8/20/14, 79 FR 49244; 2/
3/19
18/2021, [Insert Federal
Register citation].
*
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6/3/19 submission moved Motor Vehicle
Inspection and Maintenance Program
from control measure to contingency
measure.
*
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Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations
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*
PART 61—INSURANCE COVERAGE
AND RATES
[FR Doc. 2021–03033 Filed 2–17–21; 8:45 am]
BILLING CODE 6560–50–P
§ 61.6
[Corrected]
Federal Emergency Management
Agency
44 CFR Parts 59, 61 and 62
MaryAnn Tierney,
Acting Deputy Administrator, Federal
Emergency Management Agency.
Appendix A(1) to Part 61 [Corrected]
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
2. On page 43968, in the first column,
in Appendix A(1) to part 61, article
VIII.D.3.c, ‘‘If this policy is cancelled
pursuant to VIII.D.4.b,’’ is corrected to
read ‘‘If this policy is cancelled
pursuant to VIII.D.3.b,’’;
■
[Docket ID FEMA–2018–0026]
RIN 1660–AA95
National Flood Insurance Program:
Conforming Changes To Reflect the
Biggert-Waters Flood Insurance
Reform Act of 2012 (BW–12) and the
Homeowners Flood Insurance
Affordability Act of 2014 (HFIAA), and
Additional Clarifications for Plain
Language; Correction
ACTION:
On July 20, 2020, FEMA
published in the Federal Register a final
rule revising the National Flood
Insurance Program (NFIP) regulations to
codify certain provisions of the BiggertWaters Flood Insurance Reform Act of
2012 and the Homeowner Flood
Insurance Affordability Act of 2014, and
to clarify certain existing NFIP rules
relating to NFIP operations and the
Standard Flood Insurance Policy. This
final rule provides corrections to those
instructions, to be used in lieu of the
information published July 20.
SUMMARY:
This correction is effective
October 1, 2021.
DATES:
The docket for this
rulemaking is available for inspection
using the Federal eRulemaking Portal at
https://www.regulations.gov and can be
viewed by following that website’s
instructions.
ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
Kelly Bronowicz, Director, Policyholder
Services Division, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 400 C
Street SW, Washington, DC 20472, (202)
557–9488.
In FR Doc.
2020–09260, beginning on page 43946
in the Federal Register of Monday, July
20, 2020, the following corrections are
made:
SUPPLEMENTARY INFORMATION:
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BILLING CODE 9111–52–P
National Endowment for the Arts
45 CFR Parts 1149 and 1158
RIN 3135–AA33
Civil Penalties Adjustment for 2021
3. On page 43976, in the second
column, in Appendix A(2) to part 61,
article VIII.D.3.c, ‘‘If this policy is
cancelled pursuant to VIII.D.4.b,’’ is
corrected to read ‘‘If this policy is
cancelled pursuant to VIII.D.3.b,’’’
AGENCY:
■
4. On page 43984, in the third column,
in Appendix A(3) to part 61, article
IX.D.3.c, ‘‘If this policy is cancelled
pursuant to VIII.D.3.a,’’ is corrected to
read ‘‘If this policy is cancelled
pursuant to IX.D.3.b,’’;
■
Final rule; correction.
[FR Doc. 2021–02644 Filed 2–17–21; 8:45 am]
Appendix A(2) to Part 61 [Corrected]
Appendix A(3) to Part 61 [Corrected]
Federal Emergency
Management Agency; DHS.
AGENCY:
of this part, will not be less than $10
and is computed as follows:
*
*
*
*
*
1. On page 43958, in the amendment
to § 61.6, in ‘‘Table 1 to Paragraph (a)—
Maximum Amounts of Coverage
Available’’, the center heading ‘‘Bulding
Coverage’’ is corrected to read ‘‘Building
Coverage’’;
■
DEPARTMENT OF HOMELAND
SECURITY
10029
§ 62.6
[Corrected]
5. On page 43986, in the third column,
instruction number 18 and the
corresponding CFR text is corrected to
read as follows:
18. In § 62.6, revise the section
heading, redesignate paragraphs (a) and
(b) as paragraphs (b) and (c), add new
paragraph (a), and revise newly
redesignated paragraph (b) introductory
text.
The addition and revision read as
follows:
■
§ 62.6 Brokers and agents writing NFIP
policies through the NFIP Direct Servicing
Agent.
(a) A broker or agent selling policies
of flood insurance placed with the NFIP
at the offices of its servicing agent must
be duly licensed by the state insurance
regulatory authority in the state in
which the property is located.
(b) The earned commission which
will be paid to any property or casualty
insurance agent or broker, with respect
to each policy or renewal the agent duly
procures on behalf of the insured, in
connection with policies of flood
insurance placed with the NFIP at the
offices of its servicing agent, but not
with respect to policies of flood
insurance issued pursuant to subpart C
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National Endowment for the
Arts, National Foundation on the Arts
and the Humanities.
ACTION: Final rule.
The National Endowment for
the Arts (NEA) is adjusting the
maximum civil monetary penalties
(CMPs) that may be imposed for
violations of the Program Fraud Civil
Remedies Act (PFCRA) and the NEA’s
Restrictions on Lobbying to reflect the
requirements of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act). The 2015 Act further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act) to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
This final rule provides the 2021 annual
inflation adjustments to the initial
‘‘catch-up’’ adjustments made on June
15, 2017, and reflects all other inflation
adjustments made in the interim.
DATES: This rule is effective February
18, 2021.
FOR FURTHER INFORMATION CONTACT:
Daniel Fishman, Assistant General
Counsel, National Endowment for the
Arts, 400 7th St. SW, Washington, DC
20506, Telephone: 202–682–5418.
SUPPLEMENTARY INFORMATION:
SUMMARY:
1. Background
On December 12, 2017, the NEA
issued a final rule titled ‘‘Federal Civil
Penalties Adjustments’’ 1 which
finalized the NEA’s June 15, 2017
interim final rule titled ‘‘Implementing
the Federal Civil Penalties Adjustment
Act Improvements Act of 2015’’,2
implementing the 2015 Act (section 701
of Pub. L. 114–74), which amended the
1 82
2 82
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FR 58348.
FR 27431.
18FER1
]]>Agencies
[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Rules and Regulations]
[Pages 10026-10029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03033]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2020-0174, FRL-10018-23-Region 10]
Air Plan Approval; Washington: Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Washington State Implementation Plan (SIP) submitted by
the State of Washington on June 2, 2019, through the Washington
Department of Ecology. The revision, applicable in Clark, King, Pierce,
Snohomish, and Spokane Counties, Washington, removes the Inspection and
Maintenance (I/M) program from the active control measure portion of
the SIP. The I/M program was previously approved into the SIP for use
as a component of the State's plans to address on-road sources in
certain former nonattainment areas and is now part of the contingency
portion of the applicable SIP for each area. The EPA has determined
that Washington's June 2, 2019 SIP revision is consistent with the
applicable portions of the Clean Air Act (CAA).
DATES: This final rule is effective March 22, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2020-0174. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., 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 is publicly available only in hard copy form. Publicly
available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Karl Pepple, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-1778, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
I. Background Information
On October 30, 2020, the EPA proposed to approve Washington's June
2, 2019 SIP revision moving the I/M program located at Washington
Administrative Code (WAC) 173-422 from the actively implemented portion
of the Washington SIP to the contingency measure portion of the SIP (85
FR 68822). The reasons for our proposed approval are included in the
proposal and will not be restated here. The public comment period for
our proposal closed on November 30, 2020. We received no public
comments and are finalizing our action as proposed.
II. Final Action
The EPA is moving the I/M program located at WAC 173-422 from the
actively implemented portion of the Washington SIP incorporated by
reference at 40 CFR 52.2470(c) to the contingency measure and
attainment planning portion of the SIP at 40 CFR 52.2470(e).
III. Incorporation by Reference
In this document, the EPA is removing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is removing the current incorporation by reference of WAC
Chapter 173-422 in 40 CFR 52.2470(c) as identified in Section II of
this preamble. The EPA has made, and will continue to make, these
materials generally available through https://www.regulations.gov and
at the EPA Region 10 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are
[[Page 10027]]
fully Federally-enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's approval, and
will be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. 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 EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed 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 proposed 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 the requirements would be inconsistent
with the CAA; 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications 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). Washington's SIP is approved to apply on non-trust land within
the exterior boundaries of the Puyallup Indian Reservation, also known
as the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and
local agencies in Washington authority over activities on non-trust
lands within the 1873 Survey Area. Consistent with EPA policy, the EPA
provided a consultation opportunity to the Puyallup Tribe in a letter
dated August 9, 2019.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 19, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: February 9, 2021.
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 Table 1 in paragraph (c) by:
0
i. Removing the heading ``Washington Administrative Code, Chapter 173-
422--Motor Vehicle Emission Inspection''; and
0
ii. Removing the entries ``173-422-010'', ``173-422-020'', ``173-422-
030'', ``173-422-031'', ``173-422-035'', ``173-422-040'', ``173-422-
050'', ``173-422-060'', ``173-422-065'', ``173-422-070'', ``173-422-
075'', ``173-422-090'', ``173-422-095'', ``173-422-100'', ``173-422-
120'', ``173-422-145'', ``173-422-160'', ``173-422-170'', ``173-422-
175'', ``173-422-090'', and ``173-422-095''; and
0
b. Amend Table 2 in paragraph (e) by:
0
i. Under the heading ``Attainment and Maintenance Planning--Carbon
Monoxide'':
0
A. Revising the entries ``Carbon Monoxide Maintenance Plan 10-Year
Update'' (Applicable Geographic or Nonattainment Area, Puget Sound);
and ``Carbon Monoxide Maintenance Plan 10-Year Update'' (Applicable
Geographic or Nonattainment Area, Vancouver); and
0
B. Revising the entry for ``Carbon Monoxide 2nd 10-Year Limited
Maintenance Plan''; and
0
ii. Under the heading ``Attainment and Maintenance Planning--Ozone''
revising the entries for ``8-Hour Ozone 110(a)(1) Maintenance Plan''
(Applicable Geographic or Nonattainment Area, Seattle--Tacoma); and
``8-Hour Ozone 110(a)(1) Maintenance Plan'' (Applicable Geographic or
Nonattainment Area, Vancouver);
0
iii. Under the heading ``Attainment and Maintenance Planning--
Particulate Matter (PM10)'' revising the entry for
``Particulate Matter (PM10) 2nd 10-Year Limited Maintenance
Plan'' (Applicable Geographic or Nonattainment Area, Kent, Seattle, and
Tacoma); and
0
iv. Under the heading ``Other Federally Mandated Plans'' removing
[[Page 10028]]
the entry for ``Motor Vehicle Inspection & Maintenance Program''.
The revisions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(e) * * *
Table 2--Attainment, Maintenance, and Other Plans
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal EPA approval date Explanations
nonattainment area date
----------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Planning--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Carbon Monoxide Maintenance Plan Puget Sound......... 12/17/03; 6/ 8/5/04, 69 FR 47365; 6/3/19 submission
10-year Update. 3/19 2/18/2021, [Insert moved Motor Vehicle
Federal Register Inspection and
citation]. Maintenance Program
from control
measure to
contingency
measure.
* * * * * * *
Carbon Monoxide Maintenance Plan Vancouver........... 4/25/07; 6/ 6/27/08, 73 FR 6/3/19 submission
10-year Update. 3/19 36439; 2/18/2021, moved Motor Vehicle
[Insert Federal Inspection and
Register citation]. Maintenance Program
from control
measure to
contingency
measure.
Carbon Monoxide 2nd 10-Year Spokane............. 5/11/16; 6/ 7/14/16, 81 FR 6/3/19 submission
Limited Maintenance Plan. 3/19 45419; 2/18/2021, moved Motor Vehicle
[Insert Federal Inspection and
Register citation]. Maintenance Program
from control
measure to
contingency
measure.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Planning--Ozone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone 110(a)(1) Seattle--Tacoma..... 2/5/08; 6/3/ 5/2/14, 79 FR 25010; 6/3/19 submission
Maintenance Plan. 19 2/18/2021, [Insert moved Motor Vehicle
Federal Register Inspection and
citation]. Maintenance Program
from control
measure to
contingency
measure.
8-Hour Ozone 110(a)(1) Vancouver........... 1/17/07; 6/ 8/11/15, 80 FR 6/3/19 submission
Maintenance Plan. 3/19 48033; 2/18/2021, moved Motor Vehicle
[Insert Federal Inspection and
Register citation]. Maintenance Program
from control
measure to
contingency
measure.
----------------------------------------------------------------------------------------------------------------
Attainment and Maintenance Planning--Particulate Matter (PM)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Particulate Matter (PM10) 2nd 10- Kent, Seattle, and 11/29/13; 6/ 8/20/14, 79 FR 6/3/19 submission
Year Limited Maintenance Plan. Tacoma. 3/19 49244; 2/18/2021, moved Motor Vehicle
[Insert Federal Inspection and
Register citation]. Maintenance Program
from control
measure to
contingency
measure.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 10029]]
* * * * *
[FR Doc. 2021-03033 Filed 2-17-21; 8:45 am]
BILLING CODE 6560-50-P
