55280 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules 

Implementation Plan (FIP) to reflect this 

approval and inclusion of the statedetermined allocations. EPA is 

proposing to approve Nebraska’s SIP 

revision because it meets the 

requirements of the CAA and the 

CSAPR requirements to replace EPA’s 

allowance allocations for the 2016 

control periods. This action is being 

proposed pursuant to the CAA and its 

implementing regulations. EPA’s 

allocations of CSAPR trading program 

allowances for Nebraska for control 

periods in 2017 and beyond remain in 

place until the State submits and EPA 

approves state-determined allocations 

for those control periods through 

another SIP. The CSAPR FIPs for 

Nebraska remain in place until such 

time as the State decides to replace the 

FIPs with a SIP revision. 

DATES: Comments on this proposed 

action must be received in writing by 

October 15, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0565, by mail to Lachala 

Kemp, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. Comments may 

also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Lachala Kemp, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7214 or by email at 

kemp.lachala@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the state’s 

SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxides. 

Dated: August 12, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

[FR Doc. 2015–20630 Filed 9–14–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0600: FRL–9934–07– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Additional Regulations for the Benton 

Clean Air Agency Jurisdiction 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Washington State 

Implementation Plan (SIP) that were 

submitted by the Department of Ecology 

(Ecology) in coordination with Benton 

Clean Air Agency (BCAA) on August 25, 

2015. In the fall of 2014 and spring of 

2015, the EPA approved numerous 

revisions to Ecology’s general air quality 

regulations. However, our approval of 

the updated Ecology regulations applied 

only to geographic areas where Ecology, 

and not a local air authority, has 

jurisdiction, and statewide to source 

categories over which Ecology has sole 

jurisdiction. Under the Washington 

Clean Air Act local clean air agencies, 

such as BCAA, have the option of 

adopting equally stringent or more 

stringent standards or requirements in 

lieu of Ecology’s general air quality 

regulations, if they so choose. Therefore, 

the EPA stated that we would evaluate 

the general air quality regulations as 

they apply to local jurisdictions in 

separate, future actions. If finalized, this 

proposed action would allow BCAA to 

rely primarily on Ecology’s general air 

quality regulations for sources within 

BCAA’s jurisdiction, including 

implementation of the minor new 

source review and nonattainment new 

source review permitting programs. This 

action also proposes approval of a small 

set of BCAA regulatory provisions that 

replace or supplement parts of Ecology’s 

general air quality regulations. 

DATES: Comments must be received on 

or before October 15, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2015–0600, by any of the 

following methods: 

A. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

B. Mail: Jeff Hunt, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

150), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

C. Email: R10-Public_Comments@

epa.gov. 

D. Hand Delivery: EPA Region 10 

Mailroom, 9th Floor, 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

Attention: Jeff Hunt, Office of Air, Waste 

and Toxics, AWT–150. 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–2015– 

0600. The 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 

the disclosure of which 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 the 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 the 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules 55281 

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 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 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 (206) 553–0256, hunt.jeff@

epa.gov, or by using 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 for Proposed Action 

II. Washington SIP Revisions 

III. The EPA’s Proposed Action 

A. Regulations To Approve and 

Incorporate by Reference Into the SIP 

B. Regulations To Approve But Not 

Incorporate by Reference 

C. Regulations To Remove From the SIP 

D. Scope of Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background for Proposed Action 

On January 27, 2014, Ecology 

submitted revisions to update the 

general air quality regulations contained 

in Chapter 173–400 of the Washington 

Administrative Code (WAC) that apply 

to sources under Ecology’s direct 

jurisdiction. On October 3, 2014 (79 FR 

59653), November 7, 2014 (79 FR 

66291), and April 29, 2015 (80 FR 

23721), the EPA approved updates to 

Chapter 173–400 WAC as they apply to 

geographic areas and source categories 

under Ecology’s direct jurisdiction. 

Under the EPA-approved provisions of 

WAC 173–400–020, local clean air 

agencies have the authority to adopt 

equally stringent or more stringent 

standards or requirements in lieu of the 

provisions of Chapter 173–400 WAC. 

Local clean air agencies also have the 

option to rely on parts of Chapter 173– 

400 WAC, but substitute local standards 

or requirements for other corresponding 

provisions. For this reason, the EPA 

stated that we would address the 

applicability of Chapter 173–400 WAC 

in local clean air agency jurisdictions on 

a case-by-case basis in separate, future 

actions. 

II. Washington SIP Revisions 

On August 25, 2015, the Director of 

the Washington Department of Ecology, 

as the Governor’s designee for SIP 

revisions, submitted a request to update 

the general air quality regulations as 

they apply to the jurisdiction of BCAA. 

See 40 CFR 52.2470(c)—Table 4. As 

shown in Attachment 1 of the SIP 

revision, included in the docket for this 

action, BCAA relies primarily on the 

recently updated provisions of Chapter 

173–400 WAC for sources within their 

jurisdiction in Benton County, 

including minor new source review 

permitting and major source 

nonattainment new source review (if 

necessary at some point in the future). 

Attachment 2 of the SIP revision 

contains a small set of BCAA 

regulations that either supplement or 

substitute for provisions of Chapter 

173–400 WAC that address regulatory 

authority, definitions of specific terms, 

and fugitive emissions. These 

provisions fall in two categories. The 

first category includes BCAA Regulation 

1, sections: 1.01, Name of Agency; 2.01, 

Powers and Duties of the Benton Clean 

Air Agency (BCAA); 2.03, Powers and 

Duties of the Board of Directors; 2.05, 

Severability; and 2.06, Confidentiality. 

These provisions are generally 

administrative in nature, are adopted 

nearly verbatim from the Washington 

Clean Air Act (Revised Code of 

Washington 70.94), and have no direct 

corollaries in Chapter 173–400 WAC. 

The second category includes BCAA 

Regulation 1, sections: 1.02, Policy and 

Purpose; 1.03, Applicability; 2.02, 

Requirements for Board of Directors 

Members; 4.01(A), Definitions—Fugitive 

Dust; 4.02(B), Particulate Matter 

Emissions—Fugitive Emissions; 

4.02(C)(1), Particulate Matter 

Emissions—Fugitive Dust; and 

4.02(C)(3), Particulate Matter 

Emissions—Fugitive Dust. This second 

category of BCAA regulations adopt 

parts of Chapter 173–400 WAC nearly 

verbatim with minor changes for 

readability and clarity. The EPA is 

proposing to determine that these 

changes are consistent with our prior 

approvals of Chapter 173–400 WAC and 

meet Clean Air Act requirements. 

III. The EPA’s Proposed Action 

A. Regulations To Approve and 

Incorporate by Reference Into the SIP 

The EPA proposes to approve and 

incorporate by reference into the 

Washington SIP at 40 CFR 52.2470(c)— 

Table 4, Additional Regulations 

Approved for the Benton Clean Air 

Agency (BCAA) Jurisdiction, the BCAA 

and Ecology regulations listed in the 

tables below for sources within BCAA’s 

jurisdiction. 

BENTON CLEAN AIR AGENCY (BCAA) REGULATIONS FOR PROPOSED APPROVAL

State/local citation Title/subject State/local 

effective date Explanation 

Regulation 1 

1.01 ......................... Name of Agency ........................................................................... 12/11/14 

1.02 ......................... Policy and Purpose ....................................................................... 12/11/14 Replaces WAC 173–400–010. 

1.03 ......................... Applicability ................................................................................... 12/11/14 Replaces WAC 173–400–020. 

4.01(A) .................... Definitions—Fugitive Dust ............................................................ 12/11/14 Replaces WAC 173–400–030 (38). 

4.01(B) .................... Definitions—Fugitive Emissions ................................................... 12/11/14 Replaces WAC 173–400–030 (39). 

4.02(B) .................... Particulate Matter Emissions—Fugitive Emissions ...................... 12/11/14 Replaces WAC 173–400–040(4). 

4.02(C)(1) ............... Particulate Matter Emissions—Fugitive Dust ............................... 12/11/14 Replaces WAC 173–400–040(9)(a). 

4.02(C)(3) ............... Particulate Matter Emissions—Fugitive Dust ............................... 12/11/14 Replaces WAC 173–400–040(9)(b). 

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55282 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules 

WASHINGTON STATE DEPARTMENT OF ECOLOGY REGULATIONS FOR PROPOSED APPROVAL

State/local citation Title/subject State/local 

effective date Explanation 

Chapter 173–400 WAC, General Regulations for Air Pollution Sources 

173–400–030 ......... Definitions ..................................... 12/29/12 Except: 173–400–030(38); 173–400–030(39); 173–400–030(91). 

173–400–036 ......... Relocation of Portable Sources .... 12/29/12 

173–400–040 ......... General Standards for Maximum 

Emissions.

4/1/11 Except: 173–400–040(2)(c); 173–400–040(2)(d); 173–400–040(3); 

173–400–040(4); 173–400–040(5); 173–400–040(7), second paragraph; 173–400–040(9)(a); 173–400–040(9)(b). 

173–400–050 ......... Emission Standards for Combustion and Incineration Units.12/29/12 Except: 173–400–050(2); 173–400–050(4); 173–400–050(5). 

173–400–060 ......... Emission Standards for General 

Process Units.

2/10/05 

173–400–070 ......... Emission Standards for Certain 

Source Categories.

12/29/12 Except: 173–400–070(7); 173–400–070(8). 

173–400–081 ......... Startup and Shutdown .................. 4/1/11 

173–400–091 ......... Voluntary Limits on Emissions ..... 4/1/11 

173–400–105 ......... Records, Monitoring and Reporting.12/29/12 

173–400–110 ......... New Source Review (NSR) for 

Sources and Portable Sources.

12/29/12 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)(e)(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. 

173–400–111 ......... Processing Notice of Construction 

Applications for Sources, Stationary Sources and Portable 

Sources.

12/29/12 Except: 173–400–111(3)(h); 

—The part of 173–400–111(8)(a)(v) that says, ‘‘and 173–460–040,’’; 

173–400–111(9). 

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

Nonattainment Areas—Review 

for Compliance with Regulations.

12/29/12 Except: 173–400–112(8). 

173–400–113 ......... New Sources in Attainment or 

Unclassifiable Areas—Review 

for Compliance with Regulations.

12/29/12 Except: 173–400–113(3), second sentence. 

173–400–117 ......... Special Protection Requirements 

for Federal Class I Areas.

12/29/12 Except facilities subject to the applicability provisions of WAC 173– 

400–700. 

173–400–118 ......... Designation of Class I, II, and III 

Areas.

12/29/12 

173–400–131 ......... Issuance of Emission Reduction 

Credits.

4/1/11 

173–400–136 ......... Use of Emission Reduction Credits (ERC).12/29/12 

173–400–151 ......... Retrofit Requirements for Visibility 

Protection.

2/10/05 

173–400–171 ......... Public Notice and Opportunity for 

Public Comment.

12/29/12 Except: 

—The part of 173–400–171(3)(b) that says, ‘‘or any increase in 

emissions of a toxic air pollutant above the acceptable source impact level for that toxic air pollutant as regulated under chapter 

173–460 WAC’’; 173–400–171(12). 

173–400–175 ......... Public Information ......................... 2/10/05 

173–400–200 ......... Creditable Stack Height & Dispersion Techniques.2/10/05 

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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules 55283 

WASHINGTON STATE DEPARTMENT OF ECOLOGY REGULATIONS FOR PROPOSED APPROVAL—Continued 

State/local citation Title/subject State/local 

effective date Explanation 

173–400–560 ......... General Order of Approval ........... 12/29/12 Except: 

—The part of 173–400–560(1)(f) that says, ‘‘173–460 WAC’’. 

173–400–800 ......... Major Stationary Source and 

Major Modification in a Nonattainment Area.

4/1/11 

173–400–810 ......... Major Stationary Source and 

Major Modification Definitions.

12/29/12 

173–400–820 ......... Determining if a New Stationary 

Source or Modification to a Stationary Source is Subject to 

these Requirements.

12/29/12 

173–400–830 ......... Permitting Requirements .............. 12/29/12 

173–400–840 ......... Emission Offset Requirements ..... 12/29/12 

173–400–850 ......... Actual Emissions Plantwide Applicability Limitation (PAL).12/29/12 

173–400–860 ......... Public Involvement Procedures .... 4/1/11 

B. Regulations To Approve But Not 

Incorporate by Reference 

In addition to the regulations 

proposed for approval and 

incorporation by reference above, the 

EPA reviews and approves state and 

local clean air agency submissions to 

ensure they provide adequate 

enforcement authority and other general 

authority to implement and enforce the 

SIP. However, regulations describing 

such agency enforcement and other 

general authority are generally not 

incorporated by reference so as to avoid 

potential conflict with the EPA’s 

independent authorities. The EPA has 

reviewed and is proposing to approve 

BCAA, Regulation 1, Article 2, General 

Provisions, as having adequate 

enforcement and other general authority 

for purposes of implementing and 

enforcing its SIP, but is not 

incorporating this section by reference 

into the SIP codified in 40 CFR 

52.2470(c). Instead, the EPA is 

proposing to include sections 2.01, 

Powers and Duties of the Benton Clean 

Air Agency (BCAA); 2.02, Requirements 

for Board of Directors Members 

(replaces WAC 173–400–220); 2.03, 

Powers and Duties of the Board of 

Directors; 2.04, Powers and Duties of the 

Control Officer; 2.05, Severability; and 

2.06, Confidentiality of Records and 

Information, in 40 CFR 52.2470(e), EPA 

Approved Nonregulatory Provisions and 

Quasi-Regulatory Measures, as 

approved but not incorporated by 

reference regulatory provisions. Finally, 

for the reasons discussed above, the 

EPA is proposing to move WAC 173– 

400–230, Regulatory Actions; WAC 173– 

400–240, Criminal Penalties; WAC 173– 

400–250, Appeals; and WAC 173–400– 

260, Conflict of Interest, currently 

incorporated by reference in 40 CFR 

52.2470(c)—Table 4, to the list of 

provisions in 40 CFR 52.2470(e) that are 

approved but not incorporated by 

reference. 

C. Regulations To Remove From the SIP 

The regulations contained in 

Washington’s SIP at 40 CFR 

52.2470(c)—Table 4 were last approved 

by the EPA on June 2, 1995 (60 FR 

28726). The EPA is proposing to remove 

from this table WAC 173–400–010 and 

173–400–020 because these provisions 

will be replaced by the BCAA 

corollaries 1.02, Policy and Purpose and 

1.03, Applicability, as shown in 

Attachment 2 of the SIP revision. We are 

also proposing to remove WAC 173– 

400–100, because this outdated 

provision is no longer part of the EPAapproved SIP for Ecology’s direct 

jurisdiction under CFR 52.2470(c)— 

Table 2 and BCAA has requested that it 

be removed from the BCAA’s 

jurisdiction under CFR 52.2470(c)— 

Table 4. For more information please 

see the EPA’s proposed (79 FR 39351, 

July 10, 2014) and final (79 FR 59653, 

October 3, 2014) actions on the general 

provisions of Chapter 173–400 WAC. 

D. Scope of Proposed Action 

This proposed revision to the SIP 

applies specifically to the BCAA 

jurisdiction incorporated into the SIP at 

40 CFR 52.2470(c)—Table 4. As 

discussed in the EPA’s proposed (79 FR 

39351, July 10, 2014) and final (79 FR 

59653, October 3, 2014) actions on the 

general provisions of Chapter 173–400 

WAC, jurisdiction is generally defined 

on a geographic basis (Benton County); 

however there are exceptions. By 

statute, BCAA does not have authority 

for sources under the jurisdiction of the 

Energy Facilities Site Evaluation 

Council (EFSEC). See Revised Code of 

Washington Chapter 80.50. Under the 

applicability provisions of WAC 173– 

405–012, WAC 173–410–012, and WAC 

173–415–012, BCAA also does not have 

jurisdiction for kraft pulp mills, sulfite 

pulping mills, and primary aluminum 

plants. For these sources, Ecology 

retains statewide, direct jurisdiction. 

Ecology also retains statewide, direct 

jurisdiction for the Prevention of 

Significant Deterioration (PSD) 

permitting program. Therefore, the EPA 

is not approving into 40 CFR 

52.2470(c)—Table 4 those provisions of 

Chapter 173–400 WAC related to the 

PSD program. Specifically, these 

provisions are WAC 173–400–116 and 

WAC 173–400–700 through 750. 

As described in the EPA’s April 29, 

2015 final action, jurisdiction to 

implement the visibility permitting 

program contained in WAC 173–400– 

117 varies depending on the situation. 

Ecology retains authority to implement 

WAC 173–400–117 as it relates to PSD 

permits (80 FR 23721). However for 

facilities subject to nonattainment new 

source review (NNSR) under the 

applicability provisions of WAC 173– 

400–800, we are proposing that BCAA 

would be responsible for implementing 

those parts of WAC 173–400–117 as 

they relate to NNSR permits. See 80 FR 

23726. 

Lastly, the SIP is not approved to 

apply in Indian reservations in the 

State, except for non-trust land within 

the exterior boundaries of the Puyallup 

Indian Reservation (also known as the 

1873 Survey Area), or any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. 

IV. Incorporation by Reference 

In accordance with requirements of 1 

CFR 51.5, the EPA is proposing to revise 

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55284 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules 

our incorporation by reference of 40 

CFR 52.2470(c)—Table 4 ‘‘Additional 

Regulations Approved for the Benton 

Clean Air Agency (BCAA) Jurisdiction’’ 

to reflect the regulations shown in the 

tables in section III.A. Regulations to 

Approve and Incorporate by Reference 

into the SIP and the rules proposed for 

removal from the SIP in section III.C. 

Regulations to Remove from the SIP. 

The EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

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, 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 the 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). 

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. As 

discussed above, the SIP is not 

approved to apply in Indian 

reservations in the state, except for nontrust land within the exterior 

boundaries of the Puyallup Indian 

Reservation (also known as the 1873 

Survey Area), or any other area where 

the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. 

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: September 2, 2015. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2015–23144 Filed 9–14–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 431, 447, 482, 483, 

485, and 488 

[CMS–3260–N] 

RIN 0938–AR61 

Medicare and Medicaid Programs; 

Reform of Requirements for LongTerm Care Facilities; Reopening of 

Comment Period 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: This document reopens the 

comment period for the July 16, 2015 

proposed rule entitled ‘‘Reform of 

Requirements for Long-Term Care 

Facilities’’. The comment period for the 

proposed rule, which ends on 

September 14, 2015, is reopened for 30 

days. 

DATES: The comment period for the 

proposed rule published on July 16, 

2015 (80 FR 42168), is reopened and 

ends on October 14, 2015. 

ADDRESSES: In commenting, please refer 

to file code CMS–3260–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the ‘‘Submit a comment’’ instructions. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–3260–P, P.O. Box 8010, Baltimore, 

MD 21244. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address ONLY: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–3260–P, Mail 

Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

4. By hand or courier. Alternatively, 

you may deliver (by hand or courier) 

your written comments ONLY to the 

following addresses prior to the close of 

the comment period: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue SW., 

Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey Building is not 

readily available to persons without 

federal government identification, 

commenters are encouraged to leave 

their comments in the CMS drop slots 

located in the main lobby of the 

building. A stamp-in clock is available 

for persons wishing to retain a proof of 

filing by stamping in and retaining an 

extra copy of the comments being filed.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

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