Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 66823 

§ 111.4 [Amended] 

■ 3. Amend § 111.4 by removing ‘‘July 

31, 2012’’ and adding ‘‘September 29, 

2016’’. 

Stanley F. Mires, 

Attorney, Federal Compliance. 

[FR Doc. 2016–23335 Filed 9–28–16; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50 

[EPA–HQ–OAR–2016–0408; FRL–9953–20– 

OAR] 

RIN 2060–AS89 

Technical Correction to the National 

Ambient Air Quality Standards for 

Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Because the Environmental 

Protection Agency (EPA) received 

adverse comment, we are withdrawing 

the direct final rule titled, ‘‘Technical 

Correction to the National Ambient Air 

Quality Standards for Particulate 

Matter,’’ published on August 11, 2016. 

DATES: Effective September 29, 2016, the 

EPA withdraws the direct final rule 

published at 81 FR 53006 on August 11, 

2016. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Brett Gantt, Air Quality Assessment 

Division, Office of Air Quality Planning 

and Standards (Mail Code: C304–04), 

Environmental Protection Agency, 109 

T.W. Alexander Drive, Research 

Triangle Park, NC 27711, telephone 

number: 919–541–5274; fax number: 

919–541–3613; email address: 

gantt.brett@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

the EPA received adverse comment, we 

are withdrawing the direct final rule 

titled, ‘‘Technical Correction to the 

National Ambient Air Quality Standards 

for Particulate Matter,’’ published on 

August 11, 2016 (81 FR 53006). We 

stated in that direct final rule that if we 

received adverse comment by 

September 12, 2016, the direct final rule 

would not take effect and we would 

publish a timely withdrawal in the 

Federal Register. We subsequently 

received adverse comment on that direct 

final rule. We will address those 

comments in a final action, which will 

be based on the parallel proposed rule 

also published on August 11, 2016 (81 

FR 53097). As stated in the direct final 

rule and the parallel proposed rule, we 

will not institute a second comment 

period on this action. 

Dated: September 20, 2016. 

Janet G. McCabe, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. 2016–23304 Filed 9–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2016–0493: FRL–9953–04– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

General Regulations for Air Pollution 

Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: In reviewing past State 

Implementation Plan (SIP) actions, the 

Washington Department of Ecology 

(Ecology) and the Environmental 

Protection Agency (EPA) discovered 

minor typographical errors related to the 

EPA’s previous approvals of Chapter 

173–400 Washington Administrative 

Code, General Regulations for Air 

Pollution Sources. The EPA is taking 

direct final action to correct these errors. 

This direct final action makes no 

substantive changes to the SIP and 

imposes no new requirements. 

DATES: This rule is effective on 

November 28, 2016, without further 

notice, unless the EPA receives adverse 

comment by October 31, 2016. If the 

EPA receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2016–0493 at http:// 

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 

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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, Air Planning Unit, Office of Air 

and Waste (OAW–150), Environmental 

Protection Agency, Region 10, 1200 

Sixth Ave, Suite 900, Seattle, WA 

98101; telephone number: (206) 553– 

0256; email address: hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

I. Introduction 

In final actions published October 3, 

2014 (79 FR 59653) and April 29, 2015 

(80 FR 23721), the EPA approved 

Washington Administrative Code 

(WAC) 173–400–110 New Source 

Review (NSR) for Sources and Portable 

Sources and WAC 173–400–112 

Requirements for New Sources in 

Nonattainment Areas—Review for 

Compliance with Regulations with 

certain exceptions. One of the listed 

exceptions was ‘‘the part of 400– 

110(4)(e)(f)(i)’’ related to toxic air 

pollutants. The EPA notes that ‘‘400– 

110(4)(e)(f)(i)’’ does not exist under 

Chapter 173–400 WAC. The correct 

citation is ‘‘400–110(4)(f)(i).’’ Similarly, 

both final approvals contained 

regulatory text under 40 CFR part 

52.2470(c) which listed an exception for 

WAC 173–400–112(8). WAC 173–400– 

112(8) does not exist in the version of 

Chapter 173–400 WAC adopted by 

Ecology on November 28, 2012, which 

the EPA reviewed and approved. This 

exception, related to toxic air pollutants, 

was a holdover from a previous 

approval action (60 FR 28726, June 2, 

1995). This exception was inadvertently 

copied as part of 40 CFR 52.2470(c) 

Table 2—Additional Regulations 

Approved for Washington Department 

of Ecology (Ecology) Direct Jurisdiction. 

Both typographical errors were also 

inadvertently copied in the regulatory 

text of a November 17, 2015 final 

approval for the Benton Clean Air 

Agency, under 40 CFR 52.2470(c) Table 

4—Additional Regulations Approved for 

the Benton Clean Air Agency (BCAA) 

Jurisdiction, which generally relies on 

the regulations contained in Chapter 

173–400 WAC (80 FR 71695). 

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66824 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

II. Final Action 

The EPA has determined that the 

typographical errors referenced above 

should be corrected at this time. The 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial action 

and anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of this Federal Register, the EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

November 28, 2016 without further 

notice unless the EPA receives adverse 

comment by October 31, 2016. If the 

EPA receives adverse comment, the EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. The 

EPA will address all public comments 

in a subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 

Please note that if the EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, the EPA may 

adopt as final those provisions of the 

rule that are not the subject of an 

adverse comment. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is correcting minor 

typographical errors related to the 

incorporation by reference contained in 

40 CFR 52.2470(c) Table 2—Additional 

Regulations Approved for Washington 

Department of Ecology (Ecology) Direct 

Jurisdiction and Table 4—Additional 

Regulations Approved for the Benton 

Clean Air Agency (BCAA) Jurisdiction. 

These materials have been approved by 

the EPA for inclusion in the SIP, have 

been incorporated by reference by EPA 

into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference by 

the Director of the Federal Register in 

the next update to the SIP compilation.1

The EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 10 Office 

(please contact the person identified in 

the ‘‘For Further Information Contact’’ 

section of this preamble for more 

information). 

IV. Statutory and Executive Orders 

Review 

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 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those 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 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the 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 28, 

2016. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of this Federal Register, rather 

than file an immediate petition for 

judicial review of this direct final rule, 

so that the EPA can withdraw this direct 

final rule and address the comment in 

the proposed rulemaking. This action 

may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 66825 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting, and 

Recordkeeping requirements. 

Dated: September 14, 2016. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons stated above, 40 CFR 

part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. In § 52.2470, amend paragraph (c) 

by: 

■ a. In Table 2—Additional Regulations 

Approved for Washington Department 

of Ecology (Ecology) Direct Jurisdiction, 

revising entries 173–400–110 and 173– 

400–112; and 

■ b. In Table 4—Additional Regulations 

Approved for the Benton Clean Air 

Agency (BCAA) Jurisdiction, revising 

entries 173–400–110 and 173–400–112. 

The revisions read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT

JURISDICTION

[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, 

San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other 

area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for facilities 

subject to the applicability sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012] 

State citation Title/subject State effective 

date EPA approval date Explanations 

Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources 

*******

173–400–110 ............. New Source Review 

(NSR) for Sources 

and Portable Sources.

12/29/12 9/29/16 [Insert Federal 

Register citation].

Except: 173–400–110(1)(c)(ii)(C); 173–400– 

110(1)(e); 173–400–110(2)(d); The part of 

WAC 173–400–110(4)(b)(vi) that says, 

• ‘‘not for use with materials containing toxic air 

pollutants, as listed in chapter 173–460 

WAC,’’; 

The part of 400–110(4)(e)(iii) that says, 

• ‘‘where toxic air pollutants as defined in chapter 173–460 WAC are not emitted’’; 

The part of 400–110(4)(f)(i) that says, 

• ‘‘that are not toxic air pollutants listed in chapter 173–460 WAC’’; 

The part of 400–110(4)(h)(xviii) that says, 

• ‘‘, to the extent that toxic air pollutant gases as 

defined in chapter 173–460 WAC are not emitted’’; 

The part of 400–110(4)(h)(xxxiii) that says, 

• ‘‘where no toxic air pollutants as listed under 

chapter 173–460 WAC are emitted’’; 

The part of 400–110(4)(h)(xxxiv) that says, 

• ‘‘, or ≤1% (by weight) toxic air pollutants as 

listed in chapter 173–460 WAC’’; 

The part of 400–110(4)(h)(xxxv) that says, • ‘‘or 

≤1% (by weight) toxic air pollutants’’; 

The part of 400–110(4)(h)(xxxvi) that says, 

• ‘‘or ≤1% (by weight) toxic air pollutants as listed in chapter 173–460 WAC’’; 

400–110(4)(h)(xl), second sentence; The last 

row of the table in 173–400–110(5)(b) regarding exemption levels for Toxic Air Pollutants. 

* * * * * * * 

173–400–112 ............. Requirements for New 

Sources in Nonattainment Areas—Review 

for Compliance with 

Regulations.

12/29/12 9/29/16 [Insert Federal 

Register citation].

* * * * * * * 

* * * * * 

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66826 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 

TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION

[Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations 

and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability 

sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012] 

State/local citation Title/subject State/local 

effective date EPA approval date Explanations 

*******

Washington Department of Ecology Regulations 

Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources 

*******

173–400–110 ............. New Source Review 

(NSR) for Sources 

and Portable Sources.

12/29/12 9/29/16 [Insert Federal 

Register citation].

Except: 173–400–110(1)(c)(ii)(C); 173–400– 

110(1)(e); 173–400–110(2)(d); The part of 

WAC 173–400–110(4)(b)(vi) that says, 

• ‘‘not for use with materials containing toxic air 

pollutants, as listed in chapter 173–460 

WAC,’’; 

The part of 400–110(4)(e)(iii) that says, 

• ‘‘where toxic air pollutants as defined in 

chapter 173–460 WAC are not emitted’’; 

The part of 400–110(4)(f)(i) that says, 

• ‘‘that are not toxic air pollutants listed in 

chapter 173–460 WAC’’; 

The part of 400–110(4)(h)(xviii) that says, 

• ‘‘, to the extent that toxic air pollutant 

gases as defined in chapter 173–460 

WAC are not emitted’’; 

The part of 400–110(4)(h)(xxxiii) that says, 

• ‘‘where no toxic air pollutants as listed 

under chapter 173–460 WAC are emitted’’; 

The part of 400–110(4)(h)(xxxiv) that says, 

• ‘‘, or ≤1% (by weight) toxic air pollutants 

as listed in chapter 173–460 WAC’’; 

The part of 400–110(4)(h)(xxxv) that says, 

• ‘‘or ≤1% (by weight) toxic air pollutants’’; 

The part of 400–110(4)(h)(xxxvi) that says, 

• ‘‘or ≤1% (by weight) toxic air pollutants as 

listed in chapter 173–460 WAC’’; 400– 

110(4)(h)(xl), second sentence; 

The last row of the table in 173–400–110(5)(b) 

regarding exemption levels for Toxic Air Pollutants. 

* * * * * * * 

173–400–112 ............. Requirements for New 

Sources in Nonattainment Areas—Review 

for Compliance with 

Regulations.

12/29/12 9/29/16 [Insert FEDERAL

REGISTER citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–23298 Filed 9–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0403; FRL–9953–05– 

Region 4] 

Air Plan Approval; TN: Revisions to 

Logs and Reports for Startups, 

Shutdowns and Malfunctions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

on September 25, 2013. The SIP 

submittal includes a change to the TDEC 

regulation ‘‘Logs and Reports.’’ EPA is 

approving this SIP revision because it is 

consistent with the Clean Air Act (CAA 

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