Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 69767 

TABLE 2—SWINOMISH TRIBAL CODE APPROVED BUT NOT INCORPORATED BY REFERENCE

Tribal citation Title/subject 

Tribal 

effective 

date 

EPA approval date Explanations 

Swinomish Tribal Code Title 19 Environmental Protection, Chapter 2—Clean Air Act (Swinomish TIP for Open Burning Part II) 

Subchapter IV—Enforcement 

19–02.190 .................................... Enforcement ................................ 3/9/12 11/24/14, [Insert Federal Register citation].

19–02.200 .................................... Penalties ...................................... 3/9/12 11/24/14, [Insert Federal Register citation].

19–02.210 .................................... Damages ..................................... 3/9/12 11/24/14, [Insert Federal Register citation].

Subchapter V—Appeals 

19–02.220 .................................... Appeals of Department Decisions 3/9/12 11/24/14, [Insert Federal Register citation].

19–02.230 .................................... Tribal Administrative Remedies 

and Tribal Court.

3/9/12 11/24/14, [Insert Federal Register citation].

Title 19—Environmental Protection, Chapter 4—Shorelines and Sensitive Areas Act 

Subchapter IX—Hearings, Appeals, Computation of Time and Law Applicable 

19–04.560 .................................... Request for Hearing Before the 

Planning Commission.

8/18/05 11/24/14, [Insert Federal Register citation].

19–04.570 .................................... Hearings by the Planning Commission.8/18/05 11/24/14, [Insert Federal Register citation].

19–04.580 .................................... Appeals of Planning Commission 

Decisions.

8/18/05 11/24/14, [Insert Federal Register citation].

19–04.590 .................................... Appeals of Senate Decisions ...... 8/18/05 11/24/14, [Insert Federal Register citation].

19–04.600 .................................... Time and Finality ......................... 8/18/05 11/24/14, [Insert Federal Register citation].

■ 5. Section 49.10960 is amended by 

removing and reserving paragraph (g) to 

read as follows: 

§ 49.10960 Federally-promulgated 

regulations and Federal implementation 

plans. 

* * * * * 

(g) [Reserved] 

* * * * * 

[FR Doc. 2014–27634 Filed 11–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2010–1071; FRL–9919–38– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; State of 

Washington; Regional Haze State 

Implementation Plan; Federal 

Implementation Plan for Best Available 

Retrofit Technology for Alcoa Intalco 

Operations, Tesoro Refining and 

Marketing, and Alcoa Wenatchee 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: In a final action published on 

June 11, 2014, the Environmental 

Protection Agency (EPA) published a 

final rule in the Federal Register 

concerning, in part, the promulgation of 

a Federal Implementation Plan (FIP) 

provision for regional haze in the State 

of Washington. This action identifies 

and corrects an error in that action by 

adding the factor to convert tons of 

sulfur dioxide (SO2) to pounds of SO2

that was inadvertently left out of the 

rule language for the FIP for the Alcoa 

Inc. Wenatchee Works. 

DATES: This rule is effective on January 

23, 2015, without further notice, unless 

the EPA receives adverse comment 

December 24, 2014. 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–2010–1071, by any of the 

following methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• Email: body.steve@epa.gov. 

• Mail: Steve Body, EPA Region 10, 

Office of Air, Waste and Toxics, AWT– 

150, 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. Attention: Steve 

Body, 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–2010– 

1071. 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 

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 the EPA will not know 

your identity or contact information 


asabaliauskas on DSK5VPTVN1PROD with RULES
69768 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 

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 

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 

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: 

Steve Body at telephone number: (206) 

553–0782, email address: body.steve@

epa.gov, or the above EPA, Region 10 

address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

This action corrects an inadvertent 

error in a final rule (79 FR 33438, June 

11, 2014) related to the FIP requiring 

Best Available Retrofit Technology on 

Potline 5 at the Alcoa Inc. Wenatchee 

Works primary aluminum smelter 

(Alcoa Wenatchee Works) located in 

Malaga, Washington. The factor to 

convert tons of SO2 to pounds of SO2

was inadvertently left out of the rule 

language included in 40 CFR 

52.2502(b)(1)(i). Today’s action corrects 

the formula Alcoa Wenatchee Works 

must use to demonstrate compliance 

with the SO2 emission limitation for 

Potline 5, on a calendar month basis, by 

adding the factor ’’ x (2000 pounds per 

ton)’’. As corrected, the formula in 40 

CFR 52.5202(b)(1)(i) now reads as set 

forth in the regulatory text of this final 

rule. 

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. Where a SIP provision does not 

meet Federal requirements and is 

disapproved by the EPA, it has the 

authority to promulgate FIP provisions 

that meet the Federal requirements. This 

action merely corrects an inadvertent 

error in a previous FIP promulgation 

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 

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). 

This rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000) because it merely corrects an 

inadvertent error in a formula that 

applies to a single facility, the Alcoa, 

Inc. Wenatchee Works, and therefore 

does not have direct and substantial 

effects on Tribal governments. Thus 

Executive Order 13175 does not apply. 

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 January 23, 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. 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 today’s 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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Visibility, 

and Volatile organic compounds. 

Dated: October 27, 2014. 

Michelle Pirzadeh, 

Acting 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 52.2502(b)(1)(i) is revised to 

read as follows: 

§ 52.2502 Best available retrofit 

technology requirements for the Alcoa 

Inc.—Wenatchee Works primary aluminum 

smelter. 

* * * * * 

(b) * * * 

(1) * * * 

(i) Compliance demonstration. Alcoa 

must determine SO2 emissions, on a 


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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 69769 

calendar month basis using the 

following formulas: 

SO2 emissions in pounds = (carbon 

ratio) × (tons of aluminum 

produced during the calendar 

month) × (% sulfur in baked 

anodes/100) × (% sulfur converted 

to SO2/100) × (2 pounds of SO2 per 

pound of sulfur) × (2000 pounds per 

ton) 

SO2 emissions in pounds per ton of 

aluminum produced = (SO2

emissions in pounds during the 

calendar month)/(tons of aluminum 

produced during the calendar 

month) 

(A) The carbon ratio is the calendar 

month average of tons of baked anodes 

consumed per ton of aluminum 

produced as determined using the baked 

anode consumption and aluminum 

production records required in 

paragraph (h)(2) of this section. 

(B) The % sulfur in baked anodes is 

the calendar month average sulfur 

content as determined in paragraph 

(b)(1)(ii) of this section. 

(C) The % sulfur converted to SO2 is 

90%. 

* * * * * 

[FR Doc. 2014–27502 Filed 11–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2014–0337; FRL–9919–67– 

OAR] 

RIN 2060–AS33 

Findings of Failure To Submit a 

Complete State Implementation Plan 

for Section 110(a) Pertaining to the 

2010 Nitrogen Oxide (NO2) Primary 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 

finding that the District of Columbia and 

seven states (Alaska, Arkansas, Hawaii, 

Minnesota, New Jersey, Vermont and 

Washington) have not submitted 

complete infrastructure State 

Implementation Plans (SIPs) that 

provide the basic Clean Air Act (CAA) 

program elements necessary to 

implement the 2010 nitrogen dioxide 

(NO2) primary national ambient air 

quality standard (NAAQS). Three out of 

the seven states (Alaska, Arkansas and 

Vermont) have not made any submittals. 

The District of Columbia and the 

remaining four out of the seven states 

(Hawaii, Minnesota, New Jersey and 

Washington) have made submittals that 

are partially incomplete due to the lack 

of complete SIP approved Prevention of 

Significant Deterioration (PSD) permit 

programs. The purpose of an 

infrastructure SIP submission is to 

assure that a state, local or tribal air 

agency’s SIP contains the necessary 

structural requirements for any new or 

revised NAAQS. The remaining 43 

states have made complete submissions. 

Each finding of failure to submit a 

complete infrastructure SIP establishes a 

24-month deadline for the EPA to 

promulgate a Federal Implementation 

Plan (FIP) to address the outstanding 

SIP elements unless, prior to the EPA 

promulgating a FIP, the affected air 

agency submits, and the EPA approves, 

a revised SIP that corrects the 

deficiency. In those areas without a 

state-adopted PSD permit program, the 

FIP obligation has already been met 

through federal regulations that govern 

PSD permits issued in some cases by the 

EPA and in other cases by state or local 

agencies under delegation agreements. 

DATES: Effective date of this action is 

December 24, 2014. 

FOR FURTHER INFORMATION CONTACT: 

General questions concerning this 

document should be addressed to Ms. 

Mia South, Office of Air Quality 

Planning and Standards, Air Quality 

Policy Division, Mail Code C504–2, 109 

TW Alexander Drive, Research Triangle 

Park, NC 27709; telephone (919) 541– 

5550; email: south.mia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Notice and Comment Under the 

Administrative Procedures Act (APA) 

Section 553 of the APA, 5 U.S.C. 

553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. The 

EPA has determined that there is good 

cause for making this rule final without 

prior proposal and opportunity for 

comment because no significant EPA 

judgment is involved in making a 

finding of failure to submit SIPs, or 

elements of SIPs, required by the CAA, 

where states have made no submissions 

or incomplete submissions, to meet the 

requirement. Thus, notice and public 

procedure are unnecessary. The EPA 

finds that this constitutes good cause 

under 5 U.S.C. 553(b)(B). 

B. How can I get copies of this document 

and other related information? 

The EPA has established a docket for 

this action under Docket ID No. EPA– 

HQ–OAR–2014–0337. Publicly available 

docket materials are available either 

electronically through https://

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, 

William Jefferson Clinton West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744 and 

the telephone number for the Office of 

Air and Radiation Docket and 

Information Center is (202) 566–1742. 

C. How is the preamble organized? 

Table of Contents 

I. General Information 

A. Notice and Comment Under the 

Administrative Procedures Act (APA) 

B. How can I get copies of this document 

and other related information? 

C. How is the preamble organized? 

D. Where do I go if I have specific state 

questions? 

II. Background and Overview 

A. Infrastructure SIPs 

B. Mandatory Duty Suit for the EPA’s 

Failure To Make Findings of Failure To 

Submit for Areas That Did Not Submit 

Infrastructure SIPs by January 22, 2013 

C. What elements are outside the scope of 

infrastructure SIP actions? 

III. Findings of Failure To Submit for States 

That Failed To Make an Infrastructure 

SIP Submission in Whole or in Part for 

the 2010 NO2 NAAQS 

IV. Environmental Justice Considerations 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act of 1995 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority and Low Income Populations 

K. Congressional Review Act (CRA) 

L. Judicial Review 


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