Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 57503 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0760: FRL–9901–02– 

Region 10] 

Revision to the Washington State 

Implementation Plan; Approval of 

Motor Vehicle Emission Budgets and 

Determination of Attainment for the 

2006 24-Hour Fine Particulate 

Standard; Tacoma-Pierce County 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving a 

request submitted by the Washington 

Department of Ecology (Ecology) dated 

November 28, 2012, to establish motor 

vehicle emission budgets for the 

Tacoma-Pierce County fine particulate 

matter (PM2.5) nonattainment area to 

meet transportation conformity 

requirements. Under the Clean Air Act 

(CAA), new transportation plans, 

programs, and projects, such as the 

construction of new highways, must 

‘‘conform’’ to (i.e., be consistent with) 

the State Implementation Plan (SIP). 

The CAA requires federal actions in 

nonattainment and maintenance areas to 

‘‘conform to’’ the goals of the SIP. This 

means that such actions will not cause 

or contribute to violations of the 

National Ambient Air Quality Standards 

(NAAQS), worsen the severity of an 

existing violation, or delay timely 

attainment of any NAAQS or any 

interim milestone. 

Under the Transportation Conformity 

Rule, the EPA can approve motor 

vehicle emission budgets based on the 

most recent year of clean data if the EPA 

approves the request in the rulemaking 

that determines that the area has 

attained the NAAQS for which the area 

is designated nonattainment. In 

September 2012, the EPA finalized an 

attainment finding for the TacomaPierce County PM2.5 nonattainment area 

(hereafter referred to as ‘‘Tacoma-Pierce 

County Area’’ or ‘‘the area’’). This 

finding, also called a clean data 

determination, was based upon qualityassured, quality-controlled, and 

certified ambient air monitoring data 

showing that the area had monitored 

attainment of the 2006 PM2.5 NAAQS 

based on the 2009–2011 data available 

in the EPA’s Air Quality System. This 

action updates the previous finding of 

attainment with more recent 2010–2012 

data and approves motor vehicle 

emission budgets under the 

Transportation Conformity Rule. 

DATES: This final rule is effective on 

October 21, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2012–0760. 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 

On November 28, 2012, Ecology 

submitted a request for the EPA to 

approve motor vehicle emission budgets 

for the Tacoma-Pierce County area to 

meet transportation conformity 

requirements. As described in 40 CFR 

93.109(c)(5) of the Transportation 

Conformity Rule, the EPA can approve 

motor vehicle emission budgets if the 

EPA approves the request in a 

rulemaking that determines that the area 

has attained the NAAQS for which the 

area is designated nonattainment. An 

explanation of the CAA requirements 

and implementing regulations that are 

met by this action, a detailed 

explanation of the revision, and the 

EPA’s reasons for approving it were 

provided in the notice of proposed 

rulemaking on July 18, 2013, and will 

not be restated here. See 78 FR 42905. 

The public comment period for this 

proposed rule ended on August 19, 

2013. The EPA did not receive any 

comments on the proposal. 

II. Final Action 

The EPA has determined, based on 

the most recent three years of complete, 

quality-assured data meeting the 

requirements of 40 CFR part 50, 

appendix N, that the Tacoma-Pierce 

County area is currently attaining the 

2006 24-hour PM2.5 NAAQS. As 

explained in the proposal for this 

action, the EPA has determined that the 

following attainment-related planning 

requirements are not applicable for so 

long as the area continues to attain the 

PM2.5 standard: The part D, subpart 4 

obligations to provide an attainment 

demonstration pursuant to CAA section 

189(a)(1)(B), the reasonably available 

control measures (RACM) provisions of 

CAA section 189(a)(1)(C), the reasonable 

further progress (RFP) provisions of 

CAA section 189(c), and related 

attainment demonstration, RACM, RFP 

and contingency measure provisions 

requirements of subpart 1 of CAA 

section 172. This action does not 

constitute a redesignation to attainment 

under CAA section 107(d)(3). In 

conjunction with this finding of 

attainment, the EPA is approving the 

motor vehicle emission budgets shown 

below in Table 1 below. The EPA is 

approving the motor vehicle emission 

budgets pursuant to 40 CFR 

93.109(c)(5)(iii), as described in the 

Transportation Conformity Rule and the 

preamble of the Transportation 

Conformity Restructuring Amendments 

(77 FR 14982, March 14, 2012). 

TABLE 1—2011 MOTOR VEHICLE

EMISSION BUDGETS FOR THE TACOMA-PIERCE COUNTY 2006 FINE

PARTICULATE MATTER NONATTAINMENT AREA

Pollutant 

Emissions 

(pounds per 

winter day) 

PM2.5 ..................................... 3,002 

NOX ...................................... 71,598 

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 


sroberts on DSK5SPTVN1PROD with RULES
57504 Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 

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). 

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 

December 11, 2012. 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 November 18, 

2013. 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: September 3, 2013. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart WW—Washington 

■ 2. Section 52.2470 is amended: 

■ a. In the table in paragraph (e) by 

adding two new entries ‘‘Particulate 

Matter (PM2.5) 2008 Baseline Emissions 

Inventory and SIP Strengthening Rules’’ 

and ‘‘Approval of Motor Vehicle 

Emission Budgets and Determination of 

Attainment for the 2006 24-Hour Fine 

Particulate Standard’’ at the end of the 

section with the heading ‘‘Attainment 

and Maintenance Planning—Particulate 

Matter’’ 

■ b. In the table in paragraph (e) by 

removing entry ‘‘Particulate Matter 

(PM2.5) 2008 Baseline Emissions 

Inventory and SIP Strengthening Rules’’ 

and the heading ‘‘Recently Approved 

Plans’’ 

§ 52.2470 Identification of plan. 

* * * * * 

(e) * * * 

STATE OF WASHINGTON NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Comments 

*******

Attainment and Maintenance Planning—Particulate Matter 

*******

Particulate Matter (PM2.5) 

2008 Baseline Emissions Inventory and SIP Strengthening Rules.

Tacoma, Pierce County ......... 11/28/12 5/29/13, 78 FR 32131.


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Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 57505 

1Title XXXIII of the PHS Act is codified at 42 

U.S.C. 300mm to 300mm–61. Those portions of the 

Zadroga Act found in Titles II and III of Public Law 

111–347 do not pertain to the WTC Health Program 

and are codified elsewhere. 

STATE OF WASHINGTON NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued 

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Comments 

Approval of Motor Vehicle 

Emission Budgets and Determination of Attainment for 

the 2006 24-Hour Fine Particulate Standard.

Tacoma, Pierce County ......... 11/28/12 9/19/13, [Insert page number 

where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2013–22738 Filed 9–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 88 

[Docket No. CDC–2013–0012; NIOSH–267] 

RIN 0920–AA54 

World Trade Center Health Program; 

Addition of Prostate Cancer to the List 

of WTC-Related Health Conditions 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Final rule. 

SUMMARY: On May 2, 2013, the 

Administrator of the World Trade 

Center (WTC) Health Program received 

a petition (Petition 002) requesting the 

addition of prostate cancer to the List of 

WTC-Related Health Conditions (List) 

covered in the WTC Health Program. In 

this final rule, the Administrator adds 

malignant neoplasm of the prostate 

(prostate cancer) to the List in the WTC 

Health Program regulations. 

DATES: This final rule is effective 

October 21, 2013. 

FOR FURTHER INFORMATION CONTACT: Paul 

Middendorf, Senior Health Scientist, 

1600 Clifton Rd. NE., MS: E–20, Atlanta, 

GA 30329; telephone (404) 498–2500 

(this is not a toll-free number); email 

pmiddendorf@cdc.gov. 

SUPPLEMENTARY INFORMATION: This 

preamble is organized as follows: 

I. Executive Summary 

A. Purpose of Regulatory Action 

B. Summary of Major Provisions 

C. Costs and Benefits 

II. Public Participation 

III. Background 

A. WTC Health Program Statutory 

Authority 

B. Methods Used by the Administrator To 

Determine Whether To Add Cancer or 

Types of Cancer to the List of WTCRelated Health Conditions 

C. Consideration of Evidence for Adding 

Prostate Cancer to the List 

IV. Administrator’s Determination on 

Petition 002 Requesting the Addition of 

Prostate Cancer to the List 

V. Early Detection of Prostate Cancer 

VI. Effects of Rulemaking on Federal 

Agencies 

VII. Summary of Final Rule and Response to 

Public Comments 

VIII. Regulatory Assessment Requirements 

A. Executive Order 12866 and Executive 

Order 13563 

B. Regulatory Flexibility Act 

C. Paperwork Reduction Act 

D. Small Business Regulatory Enforcement 

Fairness Act 

E. Unfunded Mandates Reform Act of 1995 

F. Executive Order 12988 (Civil Justice) 

G. Executive Order 13132 (Federalism) 

H. Executive Order 13045 (Protection of 

Children From Environmental Health 

Risks and Safety Risks) 

I. Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) 

J. Plain Writing Act of 2010 

I. Executive Summary 

A. Purpose of Regulatory Action 

This rulemaking is being conducted 

in response to a petition to the 

Administrator of the WTC Health 

Program by the Patrolmen’s Benevolent 

Association, a union representing New 

York City police officers (Petition 002). 

The petition asks that the Administrator 

add prostate cancer to the List of WTCRelated Health Conditions citing a study 

of over 25,000 WTC responders enrolled 

in the WTC Health Program as scientific 

evidence. 

B. Summary of Major Provisions 

The rule adds prostate cancer to the 

cancers identified in 42 CFR 88.1, Table 

1 as covered by the WTC Health 

Program for treatment and monitoring. 

C. Costs and Benefits 

The addition of prostate cancer by 

this rulemaking is estimated to cost the 

WTC Health Program between 

$3,462,675 and $6,995,817 per annum. 

All of the costs to the WTC Health 

Program will be transfers after the 

implementation of provisions of the 

Patient Protection and Affordable Care 

Act (Pub. L. 111–148) on January 1, 

2014. 

II. Public Participation 

On July 2, 2013, the Administrator of 

the WTC Health Program published a 

notice of proposed rulemaking (78 FR 

39670) proposing to add prostate cancer 

(malignant neoplasm of the prostate) to 

the List of WTC-Related Health 

Conditions. The Administrator invited 

interested persons or organizations to 

participate in this rulemaking by 

submitting written views, opinions, 

recommendations, and/or data. 

Comments were invited on any topic 

related to the proposed rule. 

The Administrator received 11 

substantive submissions to the docket 

for this rulemaking. Commenters 

included the following: relatives of Fire 

Department of New York (FDNY) 

members who responded at Ground 

Zero; a FDNY responder; a New York 

Police Department responder; a survivor 

of the attacks in New York; two labor 

unions that represent WTC responders; 

the WTC Health Program Survivor 

Steering Committee; and three elected 

officials. A summary of those comments 

and the Administrator’s responses are 

found in Section VII (Summary of the 

Final Rule and Response to Public 

Comments) of this document. 

III. Background 

A. WTC Health Program Statutory 

Authority 

Title I of the James Zadroga 9/11 

Health and Compensation Act of 2010 

(Pub. L. 111–347), amended the Public 

Health Service Act (PHS Act) to add 

Title XXXIII 1 establishing the WTC 

Health Program within the Department 

of Health and Human Services (HHS). 

The WTC Health Program provides 

medical monitoring and treatment 

benefits to eligible firefighters and 

related personnel, law enforcement 

officers, and rescue, recovery, and 


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