Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 12077 

or 16 at least 30 minutes prior to arrival 

for passing information. 

(3) Vessels granted permission to 

transit through the Safety Zone must do 

so in accordance with the directions 

provided by the Captain of the Port or 

her designated representative. 

(4) This section applies to all vessels 

wishing to transit through the safety 

zone except vessels that are engaged in 

the following operations: 

(i) Enforcing laws; 

(ii) servicing aids to navigation; and 

(iii) emergency response vessels. 

(5) No person or vessel may enter or 

remain in a safety zone without the 

permission of the Captain of the Port; 

(6) Each person and vessel in a safety 

zone shall obey any direction or order 

of the Captain of the Port; 

(7) No person may board, or take or 

place any article or thing on board, any 

vessel in a safety zone without the 

permission of the Captain of the Port; 

and 

(8) No person may take or place any 

article or thing upon any waterfront 

facility in a safety zone without the 

permission of the Captain of the Port. 

(c) Definitions. (1) Captain of the Port 

means the Commander, Coast Guard 

Sector Delaware Bay, or any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port to act on her behalf. 

(2) Designated representative means 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the Captain of the Port Delaware Bay 

to assist in enforcing the safety zone 

described in paragraph (a) of this 

section. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted by Federal, State, 

and local agencies in the patrol and 

enforcement of the zone. 

(e) Enforcement period. This section 

is enforced on February 12, 2014 until 

April 22, 2014, unless cancelled earlier 

by the Captain of the Port once all 

operations are complete. 

Dated: February 12, 2014. 

K. Moore, 

Captain, U.S. Coast Guard, Captain of the 

Port Delaware Bay. 

[FR Doc. 2014–04626 Filed 3–3–14; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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.); 


emcdonald on DSK67QTVN1PROD with RULES
12078 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 

• 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 

■ 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 in 

paragraph (c) ‘‘Table 1—Washington 

Department of Ecology Regulations’’ by: 

■ 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’’; 

■ b. Removing entries 173–470–010 

through 173–470–160; and 

■ 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: 

§ 52. 2470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—WASHINGTON DEPARTMENT OF ECOLOGY REGULATIONS

State citation Title/subject State 

effective date EPA approval date Explanations 

*******

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 Standard for PM–10 ..... 12/22/13 3/4/14 [Insert page number where the document begins].........................

173–476–110 .... Ambient Air Quality Standards for PM–2.5 ... 12/22/13 3/4/14 [Insert page number where the document begins].........................

173–476–120 .... Ambient Air Quality Standard for Lead (Pb) 12/22/13 3/4/14 [Insert page number where the document begins].........................


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 12079 

1A conformity SIP includes a state’s specific 

criteria and procedures for certain aspects of the 

Continued 

TABLE 1—WASHINGTON DEPARTMENT OF ECOLOGY REGULATIONS—Continued 

State citation Title/subject State 

effective date EPA approval date Explanations 

173–476–130 .... Ambient Air Quality Standards for Sulfur Oxides (Sulfur Dioxide).12/22/13 3/4/14 [Insert page number where the document begins].........................

173–476–140 .... Ambient Air Quality Standards for Nitrogen 

Oxides (Nitrogen Dioxide).

12/22/13 3/4/14 [Insert page number where the document begins].........................

173–476–150 .... Ambient Air Quality Standard for Ozone ...... 12/22/13 3/4/14 [Insert page number where the document begins].........................

173–476–160 .... Ambient Air Quality Standards for Carbon 

Monoxide.

12/22/13 3/4/14 [Insert page number where the 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].........................

*******

[FR Doc. 2014–04615 Filed 3–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–0AR–2011–0562; FRL–9905–67- 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Colorado; Revised Transportation 

Conformity Consultation Process 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Colorado on 

May 11, 2012. The May 11, 2012 

submittal addresses updates to 

Regulation Number 10 ‘‘Criteria for 

Analysis of Conformity’’ of the Colorado 

SIP including revisions to transportation 

conformity requirements, transportation 

conformity criteria and procedures 

related to interagency consultation, and 

enforceability of certain transportation 

related control and mitigation measures. 

The submittal also removes certain 

provisions from the SIP so that federal 

rules will govern conformity of general 

federal actions. EPA is approving the 

submission in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective April 

3, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0562. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays 

FOR FURTHER INFORMATION CONTACT: Tim 

Russ, Air Program, Mailcode 8P–AR, 

Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, telephone 

number (303) 312–6479, fax number 

(303) 312–6064, or email 

russ.tim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. What is the State’s process to submit SIP 

revisions to EPA? 

III. EPA’s Evaluation of the State’s May 11, 

2012 Submittal 

IV. Consideration of Section 110(l) of the 

Clean Air Act 

V. Final Action 

VI. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, the 

following definitions apply: 

(i) The word Act or initials CAA mean 

or refer to the Clean Air Act, unless the 

context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials NAAQS mean 

national ambient air quality standard. 

(iv) The initials SIP mean or refer to 

State Implementation Plan. 

(v) The words State or Colorado mean 

the State of Colorado, unless the context 

indicates otherwise. 

I. Background 

EPA is approving revisions to 

Colorado’s Regulation Number 10, 

‘‘Criteria for Analysis of Conformity,’’ 

(hereafter, ‘‘Regulation No. 10’’) of the 

Colorado SIP that address transportation 

conformity SIP requirements of section 

176(c) of the CAA and Title 40, part 

51.390(b) of the Code of Federal 

Regulations (CFR). Specifically, a 

conformity SIP must address the 

following transportation conformity 

requirements: 40 CFR 93.105, which 

formalizes the consultation procedures; 

40 CFR 93.122(a)(4)(ii), which addresses 

written commitments to control 

measures that are not included in a 

metropolitan planning organization’s 

transportation plan and transportation 

improvement program (TIP) that must 

be obtained prior to a conformity 

determination; and 40 CFR 93.125(c), 

which addresses written commitments 

to mitigation measures that must be 

obtained prior to a project-level 

conformity determination.1


emcdonald on DSK67QTVN1PROD with RULES