Approval and Promulgation of Air Quality Implementation Plans; Washington; Low Emission Vehicle Program, 46169-46173 [2021-17734]
Download as PDF
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
The Boeing Company: Docket No. FAA–
2021–0564; Project Identifier AD–2020–
01350–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by October 4,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model MD–11 and MD–11F
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 24, Electrical power.
(e) Unsafe Condition
This AD was prompted by reports
indicating incidents of wires chafing against
the inboard upper corner of the observer
station circuit breaker panel. The FAA is
issuing this AD to address wire chafing and
arcing on the panel, which could cause
damage to equipment, and result in loss of
electrical power and a possible in-flight fire.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified in paragraph (h) of this
AD: At the applicable times specified in
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin MD11–24A204,
Revision 2, dated April 14, 2021, do all
applicable actions identified as ‘‘RC’’
(required for compliance) in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin
MD11–24A204, Revision 2, dated April 14,
2021.
jbell on DSKJLSW7X2PROD with PROPOSALS
(h) Exception to Service Information
Specifications
Where Boeing Alert Service Bulletin
MD11–24A204, Revision 2, dated April 14,
2021, uses the phrase ‘‘the Revision 2 date of
this service bulletin,’’ this AD requires using
‘‘the effective date of this AD.’’
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles ACO 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 responsible Flight
Standards Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in Related Information.
Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
VerDate Sep<11>2014
16:40 Aug 17, 2021
Jkt 253001
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, FAA, to
make those findings. To be approved, the
repair method, modification deviation, or
alteration deviation must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) For service information that contains
steps that are labeled as Required for
Compliance (RC), the provisions of
paragraphs (i)(4)(i) and (ii) of this AD apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(j) Related Information
(1) For more information about this AD,
contact Eric Igama, Aerospace Engineer,
Systems and Equipment Section, FAA, Los
Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5388; fax: 562–627–5210;
email: Roderick.Igama@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com. You may view this
service information at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
Issued on July 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–17362 Filed 8–17–21; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
46169
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0574, FRL–8814–01–
R10]
Approval and Promulgation of Air
Quality Implementation Plans;
Washington; Low Emission Vehicle
Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Washington State
Implementation Plan (SIP) pertaining to
adoption by reference of a Low
Emission Vehicle (LEV) program by the
State of Washington. The Clean Air Act
(CAA) grants authority to the EPA to
adopt federal standards relating to the
control of emissions from new motor
vehicles, and generally preempts states
from doing so. However, the CAA
provides California the ability to adopt
and enforce its own new motor vehicle
emission standards, as long as the EPA
approves California’s standards via a
preemption waiver. The CAA also
allows other states to adopt California’s
new motor vehicle emission standards
for which the EPA has granted such a
waiver providing other relevant criteria
are met. Washington adopted
California’s LEV emission standards in
2005, effective with new vehicles sold
in model year 2009. Washington
subsequently amended its new motor
vehicle emissions program to
incorporate California’s LEV updates to
its program. The purpose of this SIP
revision is to implement programs to
reduce vehicle emissions that contribute
to formation of ground level ozone and
fine particulate matter. Washington did
not submit provisions related to
greenhouse gas emissions from new
motor vehicles or zero-emission
vehicles requirements for inclusion in
the SIP. The EPA is proposing to
approve Washington’s LEV SIP revision,
as it relates to criteria pollutants, in
accordance with the requirements of the
CAA.
DATES: Comments must be received on
or before September 17, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2019–0574 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
SUMMARY:
E:\FR\FM\18AUP1.SGM
18AUP1
46170
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure 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, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background
A. What action is the EPA proposing?
B. Washington’s Air Quality With Respect
to the Federal National Ambient Air
Quality Standards for Ozone and Fine
Particulate Matter
1. Washington Ozone Attainment Status
2. Washington Fine Particulate Matter
Attainment Status
C. Federal Motor Vehicle Emission
Standards
D. California LEV Program
E. Washington LEV Program
II. Summary of the September 2019
Washington LEV SIP Revision
III. The EPA’s Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
jbell on DSKJLSW7X2PROD with PROPOSALS
A. What action is the EPA proposing?
The EPA is proposing to approve a
SIP revision submitted by Washington
on September 30, 2019 requesting
inclusion of the state’s adopted and
implemented California LEV standards
as part of the Washington SIP. None of
Washington’s LEV rules are currently in
the SIP. Under section 177 of the CAA,
states with plan provisions approved
under CAA part D (such attainment or
maintenance plans for ozone and
particulate matter described below) and
other criteria in section 177 are met,
may adopt California’s standards in lieu
of otherwise applicable federal new
motor vehicle emission standards.
VerDate Sep<11>2014
16:40 Aug 17, 2021
Jkt 253001
Washington’s LEV rules are
applicable to subject, new motor
vehicles sold or titled in Washington
beginning with model year 2009.
Subject vehicles include passenger cars,
light duty trucks, and medium duty
passenger vehicles.1 Washington first
adopted California LEV standards as
state regulation, Chapter 173–423
Washington Administrative Code
(WAC), in 2005 effective with the sale
and titling of new vehicles beginning in
model year 2009. Washington did not
submit a request to the EPA to
incorporate the program as a SIP
revision at the time. However, to
strengthen the SIP particularly with
respect to ozone control, Washington
formally submitted the state’s LEV
program regulations to the EPA on
September 30, 2019 for approval and
inclusion in the SIP. Further detail on
Washington’s LEV program is provided
in section I.E. of this preamble. We are
proposing to approve Washington’s SIP
revision because it will update the SIP
with the current Washington LEV rules,
and because such LEV rules satisfy the
criteria under section 177 of the CAA.
B. Washington’s Air Quality With
Respect to the Federal National
Ambient Air Quality Standards for
Ozone and Fine Particulate Matter
1. Washington Ozone Attainment Status
The CAA, as amended in 1990,
requires the EPA to set National
Ambient Air Quality Standards
(NAAQS) for ambient air pollutants
considered harmful to public health and
the environment. The EPA establishes
NAAQS for six principal air pollutants,
or ‘‘criteria’’ pollutants, which include:
Ozone, carbon monoxide, lead, nitrogen
dioxide, particulate matter, and sulfur
dioxide (SO2). The CAA establishes two
types of NAAQS. Primary standards
provide public health protection,
including protecting the health of
sensitive populations such as
asthmatics, children, and the elderly.
Secondary standards protect public
welfare, including protection against
decreased visibility and damage to
animals, crops, vegetation, and
buildings. The CAA also requires the
EPA to periodically review the
standards to ensure that they provide
adequate health and environmental
protection, and to update those
standards as necessary.
1 Effective June 11, 2020, the Washington State
Legislature modified the LEV program to include all
medium duty vehicles beginning with model year
2025 and adopted California’s zero emission vehicle
standards. See Revised Code of Washington
70A.30.010. However, these recent statutory
changes are not part of the 2019 rule package
submitted for approval at this time.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
Ozone is formed in the atmosphere by
photochemical reactions between ozone
precursor pollutants, including volatile
organic compounds (VOCs) and
nitrogen oxides (NOX) in the presence of
sunlight. In order to reduce ozone
concentrations in the ambient air, the
CAA directs areas designated as
nonattainment to apply controls on VOC
and NOX emission sources to reduce the
formation of ozone.
On November 6, 1991 (56 FR 56694),
the EPA designated the PortlandVancouver area and the Seattle-Tacoma
area as marginal nonattainment under
the 1979 1-hour ozone NAAQS. For the
1-hour ozone NAAQS, attainment is
defined when the expected number of
days per calendar year, with maximum
hourly average concentration greater
than 0.12 parts per million (ppm) is
equal to or less than 1. The EPA
approved the state’s CAA section 175A
maintenance plan for the PortlandVancouver area and redesignated the
area to attainment on May 19, 1997 (62
FR 27204). Similarly, the EPA approved
the state’s CAA section 175A
maintenance plan for the SeattleTacoma area and redesignated the area
to attainment on September 26, 1996 (61
FR 50438). The EPA later revoked the 1hour ozone NAAQS effective June 15,
2005 (70 FR 44470).
The EPA did not designate any
nonattainment areas in Washington for
subsequent updates to the ozone
NAAQS, specifically designations for
the 1997 8-hour ozone NAAQS (84 FR
23857, April 30, 2004), the 2008
revision to the 8-hour ozone NAAQS (77
FR 30088, May 21, 2012), and the 2015
revision to the 8-hour ozone NAAQS (82
FR 54232, November 16, 2017). While
there were no new ozone nonattainment
areas designated in the state,
Washington generally adopts pro-active
measures to prevent nonattainment.
2. Washington Fine Particulate Matter
Attainment Status
Fine particulate matter (PM2.5) can be
emitted directly or formed secondarily
in the atmosphere. The main precursors
of secondary PM2.5 are SO2, NOX,
ammonia, and VOCs. Sulfates are a type
of secondary particle formed from SO2
emissions of power plants and
industrial facilities. Nitrates, another
common type of secondary particle, are
formed from NOX emissions of power
plants, automobiles, and other
combustion sources.
On July 18, 1997, the EPA
promulgated the first air quality
standards for PM2.5 (62 FR 38652). The
EPA promulgated primary and
secondary annual standards at a level of
15 micrograms per cubic meter (mg/m3),
E:\FR\FM\18AUP1.SGM
18AUP1
jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules
based on a 3-year average of annual
mean PM2.5 concentrations. In the same
rulemaking, EPA promulgated primary
and secondary 24-hour standards of 65
mg/m3, based on a 3-year average of the
98th percentile of 24-hour
concentrations. All areas in Washington
met the 1997 PM2.5 standards, with all
counties classified as unclassifiable/
attainment.
On October 17, 2006 (71 FR 61144),
the EPA revised the PM2.5 NAAQS,
retaining the annual average NAAQS at
15 mg/m3 but revising the 24-hour
NAAQS to 35 mg/m3. On November 13,
2009 (74 FR 58688), the EPA designated
the Tacoma area as nonattainment for
the 24-hour PM2.5 NAAQS. On February
10, 2015 (80 FR 7347), the EPA
approved the CAA section 175A
maintenance plan for the Tacoma area
and redesignated the area to attainment.
Attainment was achieved primarily
through wood stove emission reduction
measures. However, projected declines
in mobile source precursor emissions
from ongoing vehicle fleet turnover also
played a role in demonstrating
continued attainment of the NAAQS.
Lastly, on January 15, 2013, the EPA
promulgated a revised primary annual
PM2.5 NAAQS (78 FR 3086),
strengthening the standard from 15 mg/
m3 to 12 mg/m3. Nonattainment area
designations for the 2012 primary
annual PM2.5 standard were published
on January 15, 2015 (80 FR 2206), with
all counties in Washington classified as
unclassifiable/attainment.
adopt California’s standards in lieu of
federal vehicle standards, provided they
do so with at least two model years lead
time prior to the effective date of the
standards, and provided that the EPA
has issued a waiver of preemption to
California for such standards.
C. Federal Motor Vehicle Emission
Standards
To reduce air pollution from motor
vehicles, which contribute to higher
levels of ambient air pollution such as
ozone and PM2.5, motor vehicles sold in
the United States are required by the
CAA to be certified to meet federal
motor vehicle emission standards.
States are generally prohibited from
adopting vehicle standards, except for
California, which was granted an
exception by the CAA to continue to
issue its own vehicle emission
standards. Section 209 of the CAA
requires that, among other criteria for a
waiver of preemption, California must
demonstrate to the EPA that its newly
adopted standards will be in the
aggregate, at least as protective of public
health and welfare as applicable federal
standards.
The CAA also authorizes other states
to adopt California emission standards
for which the EPA has granted
California such a waiver of preemption.
Under section 177 of the CAA, states
with CAA part D attainment or
maintenance plans are authorized to
In 2005, the Washington Legislature
first adopted California’s LEV program
under Revised Code of Washington
(RCW) 70A.30.010. Washington’s
adoption in 2005 applied to passenger
cars, light duty trucks, and medium
duty passenger vehicles, excluding
other medium duty vehicles and
California’s ZEV requirements.3 The
legislature directed the Washington
Department of Ecology (Ecology) to
develop regulations implementing the
adoption of California’s LEV program,
which Ecology codified in Chapter 173–
423 Washington Administrative Code
(WAC). Chapter 173–423 WAC became
effective December 31, 2005 and applied
VerDate Sep<11>2014
16:40 Aug 17, 2021
Jkt 253001
D. California LEV Program
In 1990, California’s Air Resources
Board (CARB) adopted LEV standards
applicable to light and medium duty
vehicles and phased in beginning with
model year 1994 vehicles. In 1999,
California adopted a second generation
of LEV standards, known as LEV II,
which were phased in beginning model
year 2004. The EPA waived federal
preemption for California’s LEV II
program on April 22, 2003 (68 FR
19811).
In 2012, California approved a new,
more stringent LEV program called the
Advanced Clean Cars Program, or the
LEV III program. California codified the
LEV III requirements for criteria
pollutant control in Title 13 of the
California Code of Regulations, Division
3, section 1961.2. The program was
phased in beginning with vehicles
certified in model year 2015 and
applied to light duty vehicles, light duty
trucks, and medium duty passenger
vehicles. On June 9, 2013 (78 FR 2112),
the EPA granted a federal preemption
waiver for California’s Advanced Clean
Cars Program.2
E. Washington LEV Program
2 We note that California’s LEV III requirements
for greenhouse gas exhaust emission standards
codified in sections 1961.1 and 1961.3 were not
submitted for approval as part of Washington’s
adoption by reference of the California LEV rules,
nor were provisions related to zero emission
vehicles (ZEV).
3 Effective June 11, 2020, the Washington State
Legislature modified the LEV program to include all
medium duty vehicles beginning with model year
2025 and adopted California’s zero emission vehicle
standards. However, these recent statutory changes
are not part of the 2019 rule package submitted for
approval at this time.
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
46171
to all 2009 and subsequent model
years.4 However, Washington did not
submit the 2005 version of its LEV
program regulations as a SIP revision
request to EPA at that time. Ecology
subsequently amended its LEV program
regulations to incorporate by reference
updates to the applicable California’s
LEV program requirements codified in
California Code of Regulations Title 13,
Division 3.5
II. Summary of the September 2019
Washington LEV SIP Revision
On September 30, 2019, Washington
submitted a SIP revision requesting that
the EPA amend the SIP to incorporate
the state LEV requirements under
Chapter 173–423 WAC. Washington’s
LEV program includes California’s LEV
III standards for criteria pollutant
control, which Ecology first
incorporated by reference on November
28, 2012, effective December 29, 2012.6
Under section 177 of the CAA, states
with CAA Part D attainment or
maintenance plans, such as Washington,
may adopt California’s standards in lieu
of federal vehicle standards, provided
they do so with at least two model years
lead time prior to the effective date of
the standards, and provided that the
EPA has issued a waiver of preemption
to California for such standards. As
noted above, Washington adopted the
California LEV standards in 2005
applying to model year 2009 vehicles,
meeting the two-year lead time
requirement under section 177 of the
CAA. As discussed above, the California
LEV II standards adopted by
Washington in 2005 had already
received an EPA federal preemption
waiver in 2003. Therefore, Washington
met all CAA section 177 requirements
for initial adoption of the California LEV
standards. Subsequent updates, such as
adoption of California’s LEV III, which
also received a federal preemption
waiver, also met the two-model year
lead time requirement. Since the
adoption of California’s LEV III program
in 2012, there have been no major
changes to Washington’s LEV program
for criteria pollutants; however, Ecology
has periodically updated the
incorporation by reference in Chapter
173–423 WAC to maintain consistency
with the California motor vehicle
emission standards.
Washington submitted, and the EPA
is proposing to approve and incorporate
by reference into the SIP, Chapter 173–
4 See Washington State Register (WSR) 05–24–044
included in the docket for this action.
5 See WSR 09–03–077, 12–24–033, 16–12–099,
and 19–02–056 included in the docket.
6 See WSR 12–24–033 included in the docket.
E:\FR\FM\18AUP1.SGM
18AUP1
46172
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules
423 Low Emission Vehicles with one
important caveat. Washington did not
submit provisions related to California’s
greenhouse gas motor vehicle emission
standards.7 A strikeout version of
Chapter 173–423 WAC with the
greenhouse gas provisions excluded
from our proposed approval is included
in the docket for this action.8 These
exclusions are also noted in the table of
regulations proposed for approval in
section III. of this preamble. Lastly, as
discussed in section I.E. of this
preamble, Chapter 173–423 WAC does
not include California’s zero emission
vehicle requirements.9
III. The EPA’s Proposed Action
As previously noted, under section
177 of the CAA, states with CAA part
D attainment or maintenance plans,
such as Washington, are authorized to
adopt California’s standards in lieu of
federal vehicle standards. Washington
first adopted the California standards
effective December 31, 2005; however,
the state did not submit the LEV rules
for approval in the SIP at the time. In
2019, Washington submitted the LEV
rules to strengthen the SIP with respect
to ozone control statewide, including
current maintenance areas.10 We are
proposing to approve Washington’s
request because it meets the
requirements of section 177 of the CAA.
Specifically, the EPA is proposing to
approve and incorporate by reference
into the Washington SIP at 40 CFR
52.2470(c), Table 1—Regulations
Approved Statewide, the regulations
listed in the table below.
WASHINGTON ADMINISTRATIVE CODE, CHAPTER 173–423—LOW EMISSION VEHICLES
State citation
173–423–010
173–423–020
173–423–025
173–423–030
173–423–040
173–423–050
.................
.................
.................
.................
.................
.................
173–423–060 .................
173–423–070 .................
173–423–080 .................
173–423–100
173–423–110
173–423–120
173–423–130
173–423–140
173–423–150
.................
.................
.................
.................
.................
.................
Purpose ................................................................
Applicability ...........................................................
Effective Date .......................................................
Incorporation by Reference ..................................
Definitions and Abbreviations ...............................
Requirement to Meet California Vehicle Emission
Standards.
Exemptions ...........................................................
Emission Standards, Warranty, Recall and Other
California Provisions Adopted by Reference.
Fleet Average Nonmethane Organic Gas
(NMOG) and NMOG Plus NOX Exhaust Emission Requirements, Reporting and Compliance..
Manufacturer Delivery Reporting Requirements ..
Warranty Requirements .......................................
Recalls ..................................................................
Surveillance ..........................................................
Enforcement .........................................................
Severability ...........................................................
IV. Incorporation by Reference
In this document, the EPA is
proposing to include in a final rule,
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the regulations
shown in section III of this preamble.
The EPA has made, and will continue
to make, these documents 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).
jbell on DSKJLSW7X2PROD with PROPOSALS
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
7 See National Ambient Air Quality Standards:
Infrastructure State Implementation Plan for 2015
Ozone and 2010 Sulfur Dioxide, Appendix B.
8 See 301_proposed IBR_Chapter 173–423 WAC_
strike through.pdf.
VerDate Sep<11>2014
State
effective
date
Title/subject
16:40 Aug 17, 2021
Jkt 253001
12/29/12
12/31/05
12/31/05
12/31/05
12/29/12
12/29/12
12/29/12
1/27/19
Explanation
Except 173–423–040(3).
Except 173–423–050(2)(g).
Except the incorporation by reference of California code sections 1961.1 and 1961.3.
12/29/12
12/29/12
12/29/12
12/29/12
12/31/05
12/31/05
12/31/05
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 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);
9 On May 10, 2021, Ecology announced intent to
start rulemaking to revise Chapter 173–423 WAC to
include zero emission vehicles for passenger cars,
light duty trucks, and medium duty vehicles; zero
emission vehicles for medium and heavy duty
trucks (Advanced Clean Trucks); and low emission
vehicle requirements for medium duty vehicles.
10 See 102_state submittal_2018 ISIP for 2015 03
and 2010 S02 NAAQS included in the docket for
this action.
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
E:\FR\FM\18AUP1.SGM
18AUP1
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS
• 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 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).
The SIP is not approved to apply on
any Indian reservation land in
Washington except as specifically noted
below and is also not approved to apply
in any other area where the EPA or an
VerDate Sep<11>2014
16:40 Aug 17, 2021
Jkt 253001
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed 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
PO 00000
Frm 00014
Fmt 4702
Sfmt 9990
46173
EPA provided a consultation
opportunity to the Puyallup Tribe, and
other tribes located in Washington, in a
letter dated July 15, 2019.
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: August 12, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021–17734 Filed 8–17–21; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\18AUP1.SGM
18AUP1
Agencies
[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Proposed Rules]
[Pages 46169-46173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17734]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0574, FRL-8814-01-R10]
Approval and Promulgation of Air Quality Implementation Plans;
Washington; Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Washington State Implementation Plan (SIP)
pertaining to adoption by reference of a Low Emission Vehicle (LEV)
program by the State of Washington. The Clean Air Act (CAA) grants
authority to the EPA to adopt federal standards relating to the control
of emissions from new motor vehicles, and generally preempts states
from doing so. However, the CAA provides California the ability to
adopt and enforce its own new motor vehicle emission standards, as long
as the EPA approves California's standards via a preemption waiver. The
CAA also allows other states to adopt California's new motor vehicle
emission standards for which the EPA has granted such a waiver
providing other relevant criteria are met. Washington adopted
California's LEV emission standards in 2005, effective with new
vehicles sold in model year 2009. Washington subsequently amended its
new motor vehicle emissions program to incorporate California's LEV
updates to its program. The purpose of this SIP revision is to
implement programs to reduce vehicle emissions that contribute to
formation of ground level ozone and fine particulate matter. Washington
did not submit provisions related to greenhouse gas emissions from new
motor vehicles or zero-emission vehicles requirements for inclusion in
the SIP. The EPA is proposing to approve Washington's LEV SIP revision,
as it relates to criteria pollutants, in accordance with the
requirements of the CAA.
DATES: Comments must be received on or before September 17, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0574 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
[[Page 46170]]
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure 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, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
A. What action is the EPA proposing?
B. Washington's Air Quality With Respect to the Federal National
Ambient Air Quality Standards for Ozone and Fine Particulate Matter
1. Washington Ozone Attainment Status
2. Washington Fine Particulate Matter Attainment Status
C. Federal Motor Vehicle Emission Standards
D. California LEV Program
E. Washington LEV Program
II. Summary of the September 2019 Washington LEV SIP Revision
III. The EPA's Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. What action is the EPA proposing?
The EPA is proposing to approve a SIP revision submitted by
Washington on September 30, 2019 requesting inclusion of the state's
adopted and implemented California LEV standards as part of the
Washington SIP. None of Washington's LEV rules are currently in the
SIP. Under section 177 of the CAA, states with plan provisions approved
under CAA part D (such attainment or maintenance plans for ozone and
particulate matter described below) and other criteria in section 177
are met, may adopt California's standards in lieu of otherwise
applicable federal new motor vehicle emission standards.
Washington's LEV rules are applicable to subject, new motor
vehicles sold or titled in Washington beginning with model year 2009.
Subject vehicles include passenger cars, light duty trucks, and medium
duty passenger vehicles.\1\ Washington first adopted California LEV
standards as state regulation, Chapter 173-423 Washington
Administrative Code (WAC), in 2005 effective with the sale and titling
of new vehicles beginning in model year 2009. Washington did not submit
a request to the EPA to incorporate the program as a SIP revision at
the time. However, to strengthen the SIP particularly with respect to
ozone control, Washington formally submitted the state's LEV program
regulations to the EPA on September 30, 2019 for approval and inclusion
in the SIP. Further detail on Washington's LEV program is provided in
section I.E. of this preamble. We are proposing to approve Washington's
SIP revision because it will update the SIP with the current Washington
LEV rules, and because such LEV rules satisfy the criteria under
section 177 of the CAA.
---------------------------------------------------------------------------
\1\ Effective June 11, 2020, the Washington State Legislature
modified the LEV program to include all medium duty vehicles
beginning with model year 2025 and adopted California's zero
emission vehicle standards. See Revised Code of Washington
70A.30.010. However, these recent statutory changes are not part of
the 2019 rule package submitted for approval at this time.
---------------------------------------------------------------------------
B. Washington's Air Quality With Respect to the Federal National
Ambient Air Quality Standards for Ozone and Fine Particulate Matter
1. Washington Ozone Attainment Status
The CAA, as amended in 1990, requires the EPA to set National
Ambient Air Quality Standards (NAAQS) for ambient air pollutants
considered harmful to public health and the environment. The EPA
establishes NAAQS for six principal air pollutants, or ``criteria''
pollutants, which include: Ozone, carbon monoxide, lead, nitrogen
dioxide, particulate matter, and sulfur dioxide (SO2). The
CAA establishes two types of NAAQS. Primary standards provide public
health protection, including protecting the health of sensitive
populations such as asthmatics, children, and the elderly. Secondary
standards protect public welfare, including protection against
decreased visibility and damage to animals, crops, vegetation, and
buildings. The CAA also requires the EPA to periodically review the
standards to ensure that they provide adequate health and environmental
protection, and to update those standards as necessary.
Ozone is formed in the atmosphere by photochemical reactions
between ozone precursor pollutants, including volatile organic
compounds (VOCs) and nitrogen oxides (NOX) in the presence
of sunlight. In order to reduce ozone concentrations in the ambient
air, the CAA directs areas designated as nonattainment to apply
controls on VOC and NOX emission sources to reduce the
formation of ozone.
On November 6, 1991 (56 FR 56694), the EPA designated the Portland-
Vancouver area and the Seattle-Tacoma area as marginal nonattainment
under the 1979 1-hour ozone NAAQS. For the 1-hour ozone NAAQS,
attainment is defined when the expected number of days per calendar
year, with maximum hourly average concentration greater than 0.12 parts
per million (ppm) is equal to or less than 1. The EPA approved the
state's CAA section 175A maintenance plan for the Portland-Vancouver
area and redesignated the area to attainment on May 19, 1997 (62 FR
27204). Similarly, the EPA approved the state's CAA section 175A
maintenance plan for the Seattle-Tacoma area and redesignated the area
to attainment on September 26, 1996 (61 FR 50438). The EPA later
revoked the 1-hour ozone NAAQS effective June 15, 2005 (70 FR 44470).
The EPA did not designate any nonattainment areas in Washington for
subsequent updates to the ozone NAAQS, specifically designations for
the 1997 8-hour ozone NAAQS (84 FR 23857, April 30, 2004), the 2008
revision to the 8-hour ozone NAAQS (77 FR 30088, May 21, 2012), and the
2015 revision to the 8-hour ozone NAAQS (82 FR 54232, November 16,
2017). While there were no new ozone nonattainment areas designated in
the state, Washington generally adopts pro-active measures to prevent
nonattainment.
2. Washington Fine Particulate Matter Attainment Status
Fine particulate matter (PM2.5) can be emitted directly
or formed secondarily in the atmosphere. The main precursors of
secondary PM2.5 are SO2, NOX, ammonia,
and VOCs. Sulfates are a type of secondary particle formed from
SO2 emissions of power plants and industrial facilities.
Nitrates, another common type of secondary particle, are formed from
NOX emissions of power plants, automobiles, and other
combustion sources.
On July 18, 1997, the EPA promulgated the first air quality
standards for PM2.5 (62 FR 38652). The EPA promulgated
primary and secondary annual standards at a level of 15 micrograms per
cubic meter ([mu]g/m\3\),
[[Page 46171]]
based on a 3-year average of annual mean PM2.5
concentrations. In the same rulemaking, EPA promulgated primary and
secondary 24-hour standards of 65 [mu]g/m\3\, based on a 3-year average
of the 98th percentile of 24-hour concentrations. All areas in
Washington met the 1997 PM2.5 standards, with all counties
classified as unclassifiable/attainment.
On October 17, 2006 (71 FR 61144), the EPA revised the
PM2.5 NAAQS, retaining the annual average NAAQS at 15 [mu]g/
m\3\ but revising the 24-hour NAAQS to 35 [mu]g/m\3\. On November 13,
2009 (74 FR 58688), the EPA designated the Tacoma area as nonattainment
for the 24-hour PM2.5 NAAQS. On February 10, 2015 (80 FR
7347), the EPA approved the CAA section 175A maintenance plan for the
Tacoma area and redesignated the area to attainment. Attainment was
achieved primarily through wood stove emission reduction measures.
However, projected declines in mobile source precursor emissions from
ongoing vehicle fleet turnover also played a role in demonstrating
continued attainment of the NAAQS.
Lastly, on January 15, 2013, the EPA promulgated a revised primary
annual PM2.5 NAAQS (78 FR 3086), strengthening the standard
from 15 [micro]g/m\3\ to 12 [micro]g/m\3\. Nonattainment area
designations for the 2012 primary annual PM2.5 standard were
published on January 15, 2015 (80 FR 2206), with all counties in
Washington classified as unclassifiable/attainment.
C. Federal Motor Vehicle Emission Standards
To reduce air pollution from motor vehicles, which contribute to
higher levels of ambient air pollution such as ozone and
PM2.5, motor vehicles sold in the United States are required
by the CAA to be certified to meet federal motor vehicle emission
standards. States are generally prohibited from adopting vehicle
standards, except for California, which was granted an exception by the
CAA to continue to issue its own vehicle emission standards. Section
209 of the CAA requires that, among other criteria for a waiver of
preemption, California must demonstrate to the EPA that its newly
adopted standards will be in the aggregate, at least as protective of
public health and welfare as applicable federal standards.
The CAA also authorizes other states to adopt California emission
standards for which the EPA has granted California such a waiver of
preemption. Under section 177 of the CAA, states with CAA part D
attainment or maintenance plans are authorized to adopt California's
standards in lieu of federal vehicle standards, provided they do so
with at least two model years lead time prior to the effective date of
the standards, and provided that the EPA has issued a waiver of
preemption to California for such standards.
D. California LEV Program
In 1990, California's Air Resources Board (CARB) adopted LEV
standards applicable to light and medium duty vehicles and phased in
beginning with model year 1994 vehicles. In 1999, California adopted a
second generation of LEV standards, known as LEV II, which were phased
in beginning model year 2004. The EPA waived federal preemption for
California's LEV II program on April 22, 2003 (68 FR 19811).
In 2012, California approved a new, more stringent LEV program
called the Advanced Clean Cars Program, or the LEV III program.
California codified the LEV III requirements for criteria pollutant
control in Title 13 of the California Code of Regulations, Division 3,
section 1961.2. The program was phased in beginning with vehicles
certified in model year 2015 and applied to light duty vehicles, light
duty trucks, and medium duty passenger vehicles. On June 9, 2013 (78 FR
2112), the EPA granted a federal preemption waiver for California's
Advanced Clean Cars Program.\2\
---------------------------------------------------------------------------
\2\ We note that California's LEV III requirements for
greenhouse gas exhaust emission standards codified in sections
1961.1 and 1961.3 were not submitted for approval as part of
Washington's adoption by reference of the California LEV rules, nor
were provisions related to zero emission vehicles (ZEV).
---------------------------------------------------------------------------
E. Washington LEV Program
In 2005, the Washington Legislature first adopted California's LEV
program under Revised Code of Washington (RCW) 70A.30.010. Washington's
adoption in 2005 applied to passenger cars, light duty trucks, and
medium duty passenger vehicles, excluding other medium duty vehicles
and California's ZEV requirements.\3\ The legislature directed the
Washington Department of Ecology (Ecology) to develop regulations
implementing the adoption of California's LEV program, which Ecology
codified in Chapter 173-423 Washington Administrative Code (WAC).
Chapter 173-423 WAC became effective December 31, 2005 and applied to
all 2009 and subsequent model years.\4\ However, Washington did not
submit the 2005 version of its LEV program regulations as a SIP
revision request to EPA at that time. Ecology subsequently amended its
LEV program regulations to incorporate by reference updates to the
applicable California's LEV program requirements codified in California
Code of Regulations Title 13, Division 3.\5\
---------------------------------------------------------------------------
\3\ Effective June 11, 2020, the Washington State Legislature
modified the LEV program to include all medium duty vehicles
beginning with model year 2025 and adopted California's zero
emission vehicle standards. However, these recent statutory changes
are not part of the 2019 rule package submitted for approval at this
time.
\4\ See Washington State Register (WSR) 05-24-044 included in
the docket for this action.
\5\ See WSR 09-03-077, 12-24-033, 16-12-099, and 19-02-056
included in the docket.
---------------------------------------------------------------------------
II. Summary of the September 2019 Washington LEV SIP Revision
On September 30, 2019, Washington submitted a SIP revision
requesting that the EPA amend the SIP to incorporate the state LEV
requirements under Chapter 173-423 WAC. Washington's LEV program
includes California's LEV III standards for criteria pollutant control,
which Ecology first incorporated by reference on November 28, 2012,
effective December 29, 2012.\6\ Under section 177 of the CAA, states
with CAA Part D attainment or maintenance plans, such as Washington,
may adopt California's standards in lieu of federal vehicle standards,
provided they do so with at least two model years lead time prior to
the effective date of the standards, and provided that the EPA has
issued a waiver of preemption to California for such standards. As
noted above, Washington adopted the California LEV standards in 2005
applying to model year 2009 vehicles, meeting the two-year lead time
requirement under section 177 of the CAA. As discussed above, the
California LEV II standards adopted by Washington in 2005 had already
received an EPA federal preemption waiver in 2003. Therefore,
Washington met all CAA section 177 requirements for initial adoption of
the California LEV standards. Subsequent updates, such as adoption of
California's LEV III, which also received a federal preemption waiver,
also met the two-model year lead time requirement. Since the adoption
of California's LEV III program in 2012, there have been no major
changes to Washington's LEV program for criteria pollutants; however,
Ecology has periodically updated the incorporation by reference in
Chapter 173-423 WAC to maintain consistency with the California motor
vehicle emission standards.
---------------------------------------------------------------------------
\6\ See WSR 12-24-033 included in the docket.
---------------------------------------------------------------------------
Washington submitted, and the EPA is proposing to approve and
incorporate by reference into the SIP, Chapter 173-
[[Page 46172]]
423 Low Emission Vehicles with one important caveat. Washington did not
submit provisions related to California's greenhouse gas motor vehicle
emission standards.\7\ A strikeout version of Chapter 173-423 WAC with
the greenhouse gas provisions excluded from our proposed approval is
included in the docket for this action.\8\ These exclusions are also
noted in the table of regulations proposed for approval in section III.
of this preamble. Lastly, as discussed in section I.E. of this
preamble, Chapter 173-423 WAC does not include California's zero
emission vehicle requirements.\9\
---------------------------------------------------------------------------
\7\ See National Ambient Air Quality Standards: Infrastructure
State Implementation Plan for 2015 Ozone and 2010 Sulfur Dioxide,
Appendix B.
\8\ See 301_proposed IBR_Chapter 173-423 WAC_strike through.pdf.
\9\ On May 10, 2021, Ecology announced intent to start
rulemaking to revise Chapter 173-423 WAC to include zero emission
vehicles for passenger cars, light duty trucks, and medium duty
vehicles; zero emission vehicles for medium and heavy duty trucks
(Advanced Clean Trucks); and low emission vehicle requirements for
medium duty vehicles.
---------------------------------------------------------------------------
III. The EPA's Proposed Action
As previously noted, under section 177 of the CAA, states with CAA
part D attainment or maintenance plans, such as Washington, are
authorized to adopt California's standards in lieu of federal vehicle
standards. Washington first adopted the California standards effective
December 31, 2005; however, the state did not submit the LEV rules for
approval in the SIP at the time. In 2019, Washington submitted the LEV
rules to strengthen the SIP with respect to ozone control statewide,
including current maintenance areas.\10\ We are proposing to approve
Washington's request because it meets the requirements of section 177
of the CAA. Specifically, the EPA is proposing to approve and
incorporate by reference into the Washington SIP at 40 CFR 52.2470(c),
Table 1--Regulations Approved Statewide, the regulations listed in the
table below.
---------------------------------------------------------------------------
\10\ See 102_state submittal_2018 ISIP for 2015 03 and 2010 S02
NAAQS included in the docket for this action.
Washington Administrative Code, Chapter 173-423--Low Emission Vehicles
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date Explanation
----------------------------------------------------------------------------------------------------------------
173-423-010............................. Purpose................... 12/29/12
173-423-020............................. Applicability............. 12/31/05
173-423-025............................. Effective Date............ 12/31/05
173-423-030............................. Incorporation by Reference 12/31/05
173-423-040............................. Definitions and 12/29/12 Except 173-423-040(3).
Abbreviations.
173-423-050............................. Requirement to Meet 12/29/12 Except 173-423-050(2)(g).
California Vehicle
Emission Standards.
173-423-060............................. Exemptions................ 12/29/12
173-423-070............................. Emission Standards, 1/27/19 Except the incorporation
Warranty, Recall and by reference of
Other California California code sections
Provisions Adopted by 1961.1 and 1961.3.
Reference.
173-423-080............................. Fleet Average Nonmethane 12/29/12
Organic Gas (NMOG) and
NMOG Plus NOX Exhaust
Emission Requirements,
Reporting and Compliance..
173-423-100............................. Manufacturer Delivery 12/29/12
Reporting Requirements.
173-423-110............................. Warranty Requirements..... 12/29/12
173-423-120............................. Recalls................... 12/29/12
173-423-130............................. Surveillance.............. 12/31/05
173-423-140............................. Enforcement............... 12/31/05
173-423-150............................. Severability.............. 12/31/05
----------------------------------------------------------------------------------------------------------------
IV. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the regulations shown in section III of this preamble. The
EPA has made, and will continue to make, these documents 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).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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);
[[Page 46173]]
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 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).
The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed 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, and other tribes located in Washington, in a letter dated July
15, 2019.
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: August 12, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-17734 Filed 8-17-21; 8:45 am]
BILLING CODE 6560-50-P