
[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Rules and Regulations]
[Pages 12077-12079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04615]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0628: FRL-9907-38-Region 10]


Approval and Promulgation of Implementation Plans; Washington: 
State Implementation Plan Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to the Washington State Implementation Plan (SIP) submitted by the 
Washington Department of Ecology (Ecology) dated November 20, 2013. 
This SIP revision updates ambient air quality standards for carbon 
monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur 
dioxide.

DATES: This final rule is effective on April 3, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2013-0628. All documents in the 
docket are listed on the http://www.regulations.gov Web site. Although 
listed in the index, some information may not be publicly available, 
i.e., Confidential Business Information or other information the 
disclosure of which is restricted by statute. Certain other material, 
such as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air, 
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington 
98101. The EPA requests that you contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, 
hunt.jeff@epa.gov, or the above EPA, Region 10 address.

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

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    An explanation of the Clean Air Act requirements and implementing 
regulations that are met by this State Implementation Plan (SIP) 
submittal, a detailed explanation of the revision, and the EPA's 
reasons for approving it were provided in the notice of proposed 
rulemaking published on December 31, 2013, and will not be restated 
here (78 FR 79652). The public comment period for this proposed rule 
ended on January 30, 2014. The EPA did not receive any comments on the 
proposal.

II. Final Action

    The EPA is approving Chapter 173-476 WAC Ambient Air Quality 
Standards into the State of Washington's SIP. These changes are 
consistent with, or more stringent than, the EPA's standards for carbon 
monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur 
dioxide. Additionally, Ecology repealed Chapter 173-470 WAC that 
contained outdated standards for particulate matter, previously 
approved into the SIP on January 15, 1993 (58 FR 4578). As described in 
the proposed rulemaking for this action, the EPA has made a final 
determination to remove Chapter 173-470 from the SIP because all 
current particulate matter standards are now consolidated in the newly 
created Chapter 173-476 WAC.

III. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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.);

[[Page 12078]]

     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it will not impose substantial direct costs on tribal 
governments or preempt tribal law. The SIP is not approved to apply in 
Indian country located in the state, except for 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 and the EPA is therefore approving 
this SIP on such lands. Consistent with EPA policy, the EPA nonetheless 
provided a consultation opportunity to the Puyallup Tribe in a letter 
dated September 3, 2013. The EPA did not receive a request for 
consultation.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 5, 2014. 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, Carbon monoxide, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Sulfur dioxide, Reporting and 
recordkeeping requirements.

    Dated: February 10, 2014.
Dennis J. McLerran
Regional Administrator, Region 10.

    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. Section 52.2470 is amended in paragraph (c) ``Table 1--Washington 
Department of Ecology Regulations'' by:
0
a. Removing the heading ``Washington Administrative Code, Chapter 173-
470--Ambient Air Quality Standards for Particulate Matter'' and adding 
in its place ``Washington Administrative Code, Chapter 173-476--Ambient 
Air Quality Standards'';
0
b. Removing entries 173-470-010 through 173-470-160; and
0
c. Adding in numerical order entries 173-476-010 through 173-476-900 
under the new heading ``Washington Administrative Code, Chapter 173-
476--Ambient Air Quality Standards''.
    The added and revised text read as follows:


Sec.  52.  2470 Identification of plan.

* * * * *
    (c) * * *

                              Table 1--Washington Department of Ecology Regulations
----------------------------------------------------------------------------------------------------------------
                                                              State
        State citation               Title/subject       effective date     EPA approval date      Explanations
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                                                  * * * * * * *
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                 Washington Administrative Code, Chapter 173-476--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
173-476-010..................  Purpose.................        12/22/13  3/4/14 [Insert page      ..............
                                                                          number where the
                                                                          document begins].
173-476-020..................  Applicability...........        12/22/13  3/4/14 [Insert page      ..............
                                                                          number where the
                                                                          document begins].
173-476-030..................  Definitions.............        12/22/13  3/4/14 [Insert page      ..............
                                                                          number where the
                                                                          document begins].
173-476-100..................  Ambient Air Quality             12/22/13  3/4/14 [Insert page      ..............
                                Standard for PM-10.                       number where the
                                                                          document begins].
173-476-110..................  Ambient Air Quality             12/22/13  3/4/14 [Insert page      ..............
                                Standards for PM-2.5.                     number where the
                                                                          document begins].
173-476-120..................  Ambient Air Quality             12/22/13  3/4/14 [Insert page      ..............
                                Standard for Lead (Pb).                   number where the
                                                                          document begins].

[[Page 12079]]

 
173-476-130..................  Ambient Air Quality             12/22/13  3/4/14 [Insert page      ..............
                                Standards for Sulfur                      number where the
                                Oxides (Sulfur Dioxide).                  document begins].
173-476-140..................  Ambient Air Quality             12/22/13  3/4/14 [Insert page      ..............
                                Standards for Nitrogen                    number where the
                                Oxides (Nitrogen                          document begins].
                                Dioxide).
173-476-150..................  Ambient Air Quality             12/22/13  3/4/14 [Insert page      ..............
                                Standard for Ozone.                       number where the
                                                                          document begins].
173-476-160..................  Ambient Air Quality             12/22/13  3/4/14 [Insert page      ..............
                                Standards for Carbon                      number where the
                                Monoxide.                                 document begins].
173-476-170..................  Monitor Siting Criteria.        12/22/13  3/4/14 [Insert page      ..............
                                                                          number where the
                                                                          document begins].
173-476-180..................  Reference Conditions....        12/22/13  3/4/14 [Insert page      ..............
                                                                          number where the
                                                                          document begins].
173-476-900..................  Table of Standards......        12/22/13  3/4/14 [Insert page      ..............
                                                                          number where the
                                                                          document begins].
 
                                                  * * * * * * *
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[FR Doc. 2014-04615 Filed 3-3-14; 8:45 am]
BILLING CODE 6560-50-P


