Federal Register / Vol. 80, No. 9 / Wednesday, January 14, 2015 / Rules and Regulations 1849 

implement earlier, and to specify the 

conditions for early implementation. 

On October 23, 2014, the Department 

issued final regulations in 34 CFR part 

685 for the PLUS Loan Program (79 FR 

63317). In the preamble to the final 

regulations, the Secretary announced 

the Department’s intent to implement 

the new Direct PLUS Loan Program 

regulations as soon as possible. 

Implementation Date of These 

Regulations 

The Secretary is exercising the 

authority under section 482(c) of the 

HEA to designate the following 

amended regulations in 34 CFR part 685 

for early implementation beginning on 

March 29, 2015: 

(1) Section 685.200(b)(5); and 

(2) Section 685.200(c). 

The Secretary will implement the 

provisions in 34 CFR 685.200(b)(5) and 

34 CFR 685.200(c) for student and 

parent PLUS loan applicants beginning 

on March 29, 2015, as part of the 

Department’s Common Origination and 

Disbursement (COD) System new award 

year release. For all PLUS Loan credit 

checks conducted on or after March 29, 

2015, the Secretary will use the 

standards established in the final 

regulations published on October 23, 

2014, to determine if an adverse credit 

history exists. In addition, the Secretary 

will make PLUS Loan counseling 

available to borrowers who are 

determined to have adverse credit 

histories on or after March 29, 2015, but 

who qualify for a PLUS Loan due to 

extenuating circumstances or by 

obtaining an endorser. Finally, while 

required only for certain PLUS Loan 

applicants, the new PLUS Loan 

counseling will be available for all 

PLUS Loan borrowers, beginning on 

March 29, 2015. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

(Catalog of Federal Domestic Assistance 

Number does not apply.) 

Dated: January 9, 2015. 

Arne Duncan, 

Secretary of Education. 

[FR Doc. 2015–00462 Filed 1–13–15; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0745; FRL–9921–29– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Infrastructure Requirements for the 

2008 Ozone and 2010 Nitrogen Dioxide 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is partially approving and 

partially disapproving the State 

Implementation Plan (SIP) submittal 

from Washington, received September 

22, 2014, demonstrating that the SIP 

meets the infrastructure requirements of 

the Clean Air Act (CAA) for the National 

Ambient Air Quality Standards 

(NAAQS) promulgated for ozone on 

March 12, 2008, and nitrogen dioxide 

(NO2) on January 22, 2010. 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. 

Washington certified that the 

Washington SIP meets the infrastructure 

requirements of the CAA for the 2008 

ozone and 2010 NO2 NAAQS, except for 

those requirements related to the 

Prevention of Significant Deterioration 

(PSD) permitting program currently 

operated under a Federal 

Implementation Plan (FIP), certain 

elements of the regional haze program 

currently operated under a FIP, and 

specific requirements related to 

interstate transport which will be 

addressed in a separate action. The EPA 

has determined that the Washington SIP 

is adequate for purposes of the 

infrastructure SIP requirements of the 

CAA with the exceptions noted above. 

The EPA has determined that the SIP 

deficiencies related to PSD permitting 

and regional haze, however, have been 

adequately addressed by the existing 

EPA FIPs and, therefore, no further 

action is required by Washington or the 

EPA for those elements. The EPA will 

address the remaining interstate 

transport requirements in a separate 

action. 

DATES: This final rule is effective 

February 13, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2014–0745. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) 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 

www.regulations.gov or in hard copy at 

the Air Programs Unit, Office of Air 

Waste and Toxics, EPA Region 10, 1200 

Sixth Avenue, Seattle, WA 98101. The 

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: For 

information please contact Jeff Hunt at 

(206) 553–0256, hunt.jeff@epa.gov, or by 

using the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials ‘‘Act’’ or 

‘‘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 ‘‘SIP’’ mean or refer 

to State Implementation Plan. 

(iv) The words ‘‘Washington’’ and 

‘‘State’’ mean the State of Washington. 

Table of Contents 

I. Background Information 

II. Response to Comments 

II. Final Action 

IV. Statutory and Executive Orders Review 


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1850 Federal Register / Vol. 80, No. 9 / Wednesday, January 14, 2015 / Rules and Regulations 

1Stephen D. Page, Director, Office of Air Quality 

Planning and Standards. ‘‘Guidance on 

Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) 

and 110(a)(2).’’ Memorandum to EPA Air Division 

Directors, Regions 1–10, September 13, 2013. 

I. Background Information 

On July 18, 1997, the EPA 

promulgated a new NAAQS for ozone. 

The EPA revised the ozone NAAQS to 

provide an 8-hour averaging period 

which replaced the previous 1-hour 

averaging period, and the level of the 

NAAQS was changed from 0.12 parts 

per million (ppm) to 0.08 ppm (62 FR 

38856). Subsequently, on March 12, 

2008, the EPA revised the levels of the 

primary and secondary 8-hour ozone 

standards to 0.075 ppm (73 FR 16436). 

The EPA first set standards for NO2 in 

1971, setting both a primary standard (to 

protect health) and a secondary 

standard (to protect the public welfare) 

at 53 parts per billion (53 ppb), averaged 

annually. The EPA reviewed the 

standards in 1985 and 1996, deciding to 

retain the standards at the conclusion of 

each review. In 2005, the EPA began 

another review, resulting in the January 

22, 2010, rulemaking to establish an 

additional primary NO2 standard at 100 

ppb, averaged over one hour (75 FR 

6474). 

States must submit SIPs meeting the 

requirements of CAA sections 110(a)(1) 

and (2) within three years after 

promulgation of a new or revised 

standard. CAA sections 110(a)(1) and (2) 

require states to address basic SIP 

requirements, including emissions 

inventories, monitoring, and modeling 

to implement, maintain, and enforce the 

standards, so-called ‘‘infrastructure’’ 

requirements. To help states meet this 

statutory requirement, the EPA issued 

guidance to address infrastructure SIP 

elements generally for all NAAQS, 

including the 2008 ozone and 2010 NO2

NAAQS.1 As noted in the guidance 

document, to the extent an existing SIP 

already meets the CAA section 110(a)(2) 

requirements, states may certify that fact 

via a letter to the EPA. On September 

22, 2014, Washington made a submittal 

to the EPA certifying that the current 

Washington SIP meets the CAA section 

110(a)(1) and (2) infrastructure 

requirements for the 2008 ozone and 

2010 NO2 NAAQS, except for certain 

requirements related to PSD permitting, 

regional haze, and interstate transport. 

The EPA proposed action on the 

submittal on October 17, 2014 (79 FR 

62379). The comment period closed on 

November 17, 2014. 

II. Response to Comments 

The EPA received one comment on its 

proposal. 

Comment: ‘‘I think the EPA should 

back of[f] at trying to cripple working 

people by closing down COAL and 

COAL Fired Boilers. Try stopping other 

countries from pollution in the world.’’ 

Response: The EPA evaluated the 

existing Washington SIP to determine if 

it meets the CAA section 110(a)(1) and 

(2) infrastructure requirements for the 

2008 ozone and 2010 NO2 NAAQS. 

Neither the EPA nor Washington 

proposed new regulations related to coal 

or coal fired boilers in this action. 

Therefore, this comment is not relevant 

to this action and we are finalizing this 

partial approval and partial disapproval 

of the September 22, 2014, Washington 

SIP submittal as originally proposed. 

III. Final Action 

The EPA is partially approving and 

partially disapproving the September 

22, 2014, submittal from Washington 

demonstrating that the SIP meets the 

requirements of sections 110(a)(1) and 

(2) of the CAA for the 2008 ozone and 

2010 NO2 NAAQS. Specifically, we 

have determined that the current EPAapproved Washington SIP meets the 

following CAA section 110(a)(2) 

infrastructure elements: (A), (B), (C)— 

except for those elements covered by the 

PSD FIP, (D)(i)(II)—except for those 

elements covered by the PSD and 

regional haze FIPs, (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 discussed in the 

proposal for this action, the EPA 

anticipates no adverse consequences to 

Washington or to sources in the State 

resulting from the partial disapproval of 

the infrastructure SIP with respect to the 

PSD and regional haze FIPs. The EPA, 

likewise, anticipates no additional FIP 

responsibilities for PSD and regional 

haze as a result of the partial 

disapproval. Interstate transport 

requirements with respect to CAA 

section 110(a)(2)(D)(i)(I) for the 2008 

ozone and 2010 NO2 NAAQS will be 

addressed in a separate action. 

IV. Statutory and Executive Orders 

Review 

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 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 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 

this action does not involve technical 

standards; 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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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. Consistent with EPA policy, the 


wreier-aviles on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 9 / Wednesday, January 14, 2015 / Rules and Regulations 1851 

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. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 16, 2015. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 18, 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 (e) by adding an entry 

entitled ‘‘110(a)(2) Infrastructure 

Requirements—2008 Ozone and 2010 

Nitrogen Dioxide Standards’’ in Table 

2—Attainment, Maintenance, and Other 

Plans, at the end of the section with the 

heading ‘‘110(a)(2) Infrastructure and 

Interstate Transport’’ to read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(e) * * * 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision Applicable geographic 

or nonattainment area 

State 

submittal 

date 

EPA approval date Comments 

*******

110(a)(2) Infrastructure and Interstate Transport 

*******

110(a)(2) Infrastructure 

Requirements—2008 

Ozone and 2010 Nitrogen Dioxide Standards.

Statewide ...................... 9/22/14 1/14/15 [Insert Federal 

Register citation].

This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), and (M). 

* * * * * * * 

[FR Doc. 2015–00013 Filed 1–13–15; 8:45 am] 

BILLING CODE 6560–50–P 


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