
[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Rules and Regulations]
[Pages 42683-42685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17243]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0333; FRL-9914-11-OAR]


Approval and Promulgation of Implementation Plans; Washington: 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 42684]]

SUMMARY: The EPA is partially approving and partially disapproving the 
State Implementation Plan (SIP) submittal from the State of Washington 
(Washington or the State) demonstrating that the SIP meets the 
infrastructure requirements of the Clean Air Act (CAA) for the National 
Ambient Air Quality Standards (NAAQS) promulgated for lead on October 
15, 2008. The CAA requires that each state, after a new or revised 
NAAQS is promulgated, review their SIP to ensure that it meets the 
infrastructure requirements necessary to implement the new or revised 
NAAQS. On April 14, 2014, Washington certified that the Washington SIP 
meets the infrastructure requirements of the CAA for purposes of the 
2008 lead NAAQS, except for those requirements related to the 
Prevention of Significant Deterioration (PSD) permitting program 
currently operated under a Federal Implementation Plan (FIP). The EPA 
has determined that Washington's 2008 lead SIP is adequate for purposes 
of the infrastructure SIP requirements of CAA section 110, with the 
exception of the requirements related to PSD permitting and portions of 
the interstate transport requirements. The EPA finds that the SIP 
deficiencies related to PSD permitting, however, have been adequately 
addressed by the existing EPA FIP and, therefore, no further action is 
required by Washington or the EPA. The EPA will address the remaining 
interstate transport requirements in a separate action.

DATES: This final rule is effective on August 22, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2014-0333. 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'' is 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

    On April 14, 2014, Washington submitted a certification that the 
State SIP meets the requirements of CAA sections 110(a)(1) and (2) for 
the 2008 lead NAAQS, except for the requirements related to PSD 
permitting and portions of the interstate transport requirements. On 
May 14, 2014, The EPA proposed to partially approve and partially 
disapprove the submittal (79 FR 27533). An explanation of the CAA 
requirements and implementing regulations that are met by this SIP 
submittal, a detailed explanation of the revision, and the EPA's 
reasons for approving it were provided in the notice of proposed 
rulemaking, and will not be restated here. The public comment period 
for this proposed rule ended on June 13, 2014. We did not receive any 
comments on the proposal.

II. Final Action

    The EPA is partially approving the April 14, 2014, submittal from 
Washington to demonstrate that the SIP meets the requirements of 
sections 110(a)(1) and (2) of the CAA for the lead NAAQS promulgated on 
October 15, 2008, except for the requirements related to PSD permitting 
and portions of the interstate transport requirements as discussed in 
the proposed rulemaking for this action. Specifically, we have 
determined that the current EPA-approved Washington SIP meets the 
following CAA section 110(a)(2) infrastructure elements for the 2008 
lead NAAQS: (A), (B), (C)--except for those elements covered by the PSD 
FIP, (D)(i)(II)--except for those elements covered by the PSD FIP, 
(D)(ii)--except for those elements covered by the PSD FIP, (E), (F), 
(G), (H), (J)--except for those elements covered by the PSD FIP, (K), 
(L), and (M). As noted in the proposed rulemaking, the EPA anticipates 
that there would be no adverse consequences to Washington or to sources 
in the State resulting from this partial disapproval of the 
infrastructure SIP related to PSD. The EPA, likewise, has no additional 
FIP responsibilities as a result of this partial disapproval for 
requirements related to PSD. Remaining interstate transport 
requirements under CAA section 110(a)(2)(D)(i)(I) for the 2008 lead 
NAAQS will be addressed in a separate action.

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.);
     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).

[[Page 42685]]

    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 September 22, 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: July 7, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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, paragraph (e) is amended by adding the entry 
``110(a)(2) Infrastructure Requirements--2008 Lead Standard'' to Table 
2--ATTAINMENT, MAINTENANCE, AND OTHER PLANS under the heading 
``110(a)(2) Infrastructure and Interstate Transport'' after the entry 
for ``110(a)(2) Infrastructure Requirements--1997 ozone standard'' to 
read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (e) * * *

                                                    Table 2--Attainment, Maintenance, and Other Plans
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                                       Applicable geographic or   State submittal
        Name of SIP provision             nonattainment area           date              EPA approval date                       Comments
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                                                                      * * * * * * *
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                                                    110(a)(2) Infrastructure and Interstate Transport
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                                                                      * * * * * * *
110(a)(2) Infrastructure               Statewide...............           4/14/14  7/23/14 [Insert Federal        This action addresses the following
 Requirements--2008 Lead Standard.                                                  Register citation].            CAA elements: 110(a)(2)(A), (B), (C),
                                                                                                                   (D)(i)(II), (D)(ii), (E), (F), (G),
                                                                                                                   (H), (J), (K), (L), and (M).
 
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[FR Doc. 2014-17243 Filed 7-22-14; 8:45 am]
BILLING CODE 6560-50-P


