4804 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to the EPA New England 

Regional Office listed in the ADDRESSES

section of this Federal Register. 

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, 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 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 Clean Air Act; 

and 

• Does not provide 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 the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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. 

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

Dated: January 11, 2013. 

Ira W. Leighton, 

Acting Regional Administrator, EPA 

Region 1. 

[FR Doc. 2013–01340 Filed 1–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0712; FRL–9772–4] 

Revision to the Washington State 

Implementation Plan; Tacoma-Pierce 

County Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the Washington 

Department of Ecology (Ecology) dated 

November 28, 2012. This SIP revision 

consists of two elements proposed for 

EPA approval. First, EPA is proposing to 

approve the ‘‘2008 Baseline Emissions 

Inventory and Documentation’’ 

included as Appendix A to the SIP 

revision. The emissions inventory was 

submitted to meet Clean Air Act (CAA) 

requirements related to the TacomaPierce County nonattainment area for 

the 2006 fine particulate matter (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS). Second, EPA is proposing to 

approve updated rules submitted by 

Ecology on behalf of the Puget Sound 

Clean Air Agency (PSCAA), contained 

in Appendix B, ‘‘SIP Strengthening 

Rules.’’ The updated PSCAA rules help 

implement the recommendations of the 

Tacoma-Pierce County Clean Air Task 

Force, an advisory committee of 

community leaders, citizen 

representatives, public health advocates, 

and other affected parties, formed to 

develop PM2.5 reduction strategies. 

DATES: Written comments must be 

received on or before February 22, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2012–0712, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10- 

Public_Comments@epa.gov. 

• Mail: Jeff Hunt, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. Attention: Jeff Hunt, 

Office of Air, Waste and Toxics, AWT– 

107. Such deliveries are only accepted 

during normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2012– 

0712. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules 4805 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure 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. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

WA 98101. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at telephone number: (206) 553– 

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

or the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. Background 

II. Summary of SIP Revision 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated 

the 1997 PM2.5 NAAQS, including an 

annual standard of 15.0 micrograms per 

cubic meter (mg/m3) based on a 3-year 

average of annual mean PM2.5

concentrations, and a 24-hour (or daily) 

standard of 65 mg/m3 based on a 3-year 

average of the 98th percentile of 24-hour 

concentrations (62 FR 38652). EPA 

established the standards based on 

significant evidence and numerous 

health studies demonstrating that 

serious health effects are associated 

with exposures to PM2.5. On October 17, 

2006, EPA revised the PM2.5 24-hour 

standard from 65 mg/m3 to 35 mg/m3

based on additional evidence and health 

studies (71 FR 61144). 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

United States as attaining or not 

attaining the NAAQS; this designation 

process is described in section 107(d)(1) 

of the CAA. Effective December 14, 

2009, EPA designated Tacoma-Pierce 

County (partial county designation) as a 

nonattainment area for the revised 2006 

24-hour PM2.5 standard (74 FR 58688; 

published on November 13, 2009). 

Under the CAA, states are required to 

submit a revision to the SIP to meet 

nonattainment requirements within 

three years of the effective date of 

designation. 

Prior to Washington’s SIP revision 

submittal, EPA issued a proposed 

finding on July 5, 2012, called a clean 

data determination, based upon certified 

ambient air monitoring data showing 

that the Tacoma-Pierce County 

nonattainment area had met the 2006 

PM2.5 NAAQS for the most recent 2009– 

2011 monitoring period (77 FR 39657). 

EPA received no comments on the 

proposal and subsequently issued a 

final clean data determination on 

September 4, 2012 (77 FR 53772). In 

accordance with 40 CFR 51.1004(c), the 

September 4, 2012 clean data 

determination suspends the 

requirements for Washington to submit 

an attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and most other 

planning SIP revisions related to 

attainment of the standard for so long as 

the nonattainment area continues to 

meet the 2006 PM2.5 NAAQS. However, 

40 CFR 51.1004(c) does not suspend the 

obligation under CAA section 172(c)(3) 

for submission and approval of a 

comprehensive, accurate, and current 

inventory of actual emissions. 

II. Summary of SIP Revision 

Ecology’s November 28, 2012 SIP 

revision contains two elements for 

proposed EPA approval, Appendix A 

and Appendix B. Appendix A, titled 

‘‘2008 Baseline Emissions Inventory and 

Documentation,’’ was submitted to meet 

the obligation under CAA section 

172(c)(3) for an emissions inventory. 

The 2008 base year emissions inventory 

includes emissions estimates that cover 

the general source categories of 

stationary point sources, stationary 

nonpoint sources, nonroad mobile 

sources, and onroad mobile sources. 

The pollutants that comprise the 

inventory include PM2.5 and precursors 

to the formation of PM2.5 including 

nitrogen oxides (NOX), volatile organic 

compounds (VOCs), ammonia (NH3), 

and sulfur dioxide (SO2). EPA reviewed 

the results, procedures and 

methodologies for the 2008 base year 

emissions inventory in accordance with 

current EPA guidance, ‘‘Emissions 

Inventory Guidance for Implementation 

of Ozone and Particulate Matter NAAQS 

and Regional Haze Regulations,’’ August 

2005. The year 2008 was selected by 

Ecology as the base year for the 

emissions inventory in accordance with 

40 CFR 51.1008(b). Ecology’s SIP 

revision contained a discussion of the 

emissions inventory development 

process and relevant requirements, as 

well as the emissions inventory. EPA 

agrees that the process used to develop 

this emissions inventory meets the 

requirements of CAA section 172(c)(3), 

the implementing regulations, and EPA 

guidance for emission inventories. 

Appendix B of the SIP revision, titled 

‘‘SIP Strengthening Rules,’’ contains the 

most recent version of Regulation 1— 

Article 13: Solid Fuel Burning Device 

Standards, adopted by the PSCAA 

Board on October 25, 2012. These rule 

changes were adopted to help 

implement the recommendations of the 

Tacoma-Pierce County Clean Air Task 

Force. This task force was an advisory 

committee of community leaders, 

citizen representatives, public health 

advocates, and other affected parties 

convened from May 2011 through 

December 2011 to develop PM2.5

reduction strategies for the TacomaPierce County area. The task force had 

three primary recommendations: 

• Strategy #1: Enhancing enforcement 

of burn bans—This strategy is intended 

to ensure that those who are 

contributing the most to the fine particle 

pollution during periods of the poorest 

air quality reduce their emissions. 

• Strategy #2: Requiring removal of 

uncertified wood stoves and inserts— 

The intent of this strategy is to reduce 

pollution by removing the older, more 

polluting wood stoves and inserts from 

the nonattainment area. 

• Strategy #3: Reducing fine particle 

pollution from other sources— 

Approximately one-quarter to one-third 

of the reductions needed to meet the 

federal fine particle pollution standard 

will be achieved through new federal 

regulations and local initiatives related 

to gasoline and diesel engines, ships, 

and industry. 

The SIP revision submitted by 

Ecology requests EPA approval of the 

revised PSCAA Regulation 1—Article 

13: Solid Fuel Burning Device Standards 

as a regulation that strengthens the SIP. 

Specifically, the revised PSCAA 

regulation implements the task force 

strategies of enhancing the enforcement 

of burn bans and requiring the removal 

of uncertified wood stoves and inserts. 

Strategy #3 is not included as part of 

this SIP revision because the emission 

reductions will be achieved primarily 

through changes to the federal 

regulations as well as ongoing efforts 

such as those funded under the Diesel 

Emissions Reduction Act. While these 

strategies were recommended by the 

task force specifically to address PM2.5

pollution in the Tacoma-Pierce County 

nonattainment area, the rule revisions 

contained in PSCAA Regulation 1— 

Article 13 apply throughout the 

jurisdiction of Puget Sound Clean Air 

Agency. 


wreier-aviles on DSK5TPTVN1PROD with 
4806 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules 

III. Proposed Action 

EPA is proposing to approve 

Washington’s SIP revision dated 

November 28, 2012, specifically 

Appendix A, ‘‘2008 Baseline Emissions 

Inventory and Documentation’’ and 

Appendix B, ‘‘SIP Strengthening Rules.’’ 

We have made the determination that 

this action is consistent with section 

110 of the CAA. EPA is soliciting public 

comments which will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve 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 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 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 proposed approval 

does not impose substantial direct costs 

on tribal governments or preempt tribal 

law as specified by Executive Order 

13175 (65 FR 67249, November 9, 2000). 

Consistent with EPA policy, EPA 

nonetheless provided a consultation 

opportunity to the Puyallup Tribe in a 

letter dated December 11, 2012. EPA did 

not receive a request for consultation. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: January 7, 2013. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2013–01339 Filed 1–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2011–0941; FRL–6369–9] 

RIN 2070–AB27 

Proposed Significant New Use Rule on 

Certain Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing significant 

new use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for four 

chemical substances which were the 

subject of premanufacture notices 

(PMNs). This action would require 

persons who intend to manufacture, 

import, or process any of the chemical 

substances for an activity that is 

designated as a significant new use by 

this proposed rule to notify EPA at least 

90 days before commencing that 

activity. The required notification 

would provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

the activity before it occurs. 

DATES: Comments must be received on 

or before February 22, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2011–0941, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave. NW., 

Washington, DC. ATTN: Docket ID 

Number EPA–HQ–OPPT–2011–0941. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2011–0941. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 


wreier-aviles on DSK5TPTVN1PROD with