21470 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations 

Title State effective 

date 

EPA effective 

date 

Final rule 

citation/date Comments 

VI. Requirements applicable to attainment and unclassifiable 

areas and pollutants implemented under Section 110 of 

the Federal Act (Prevention of Significant Deterioration 

Program).

12/15/2010 

12/15/2011 

2/15/2013 

2/24/16 81 FR 3963, 

1/25/16 

Except for VI.A.1.c., the 

phrase ‘‘for phases that 

commence construction 

more than 18 months after 

the initial granting of the 

permit’’; VI.A.2., the phrase 

‘‘either Section VI.A.2.a. or 

b., as clarified for any relevant air pollutant, in Section VI.A.2.c.’’; VI.A.2.c.; 

VI.B.3.a.(iii) in reference to 

PM2.5 monitoring exemption; and VI.B.3.d. 

* * * * * * * 

X. Air Quality Limitations ......................................................... 12/15/2011 2/24/16 81 FR 3963, 

1/25/16 

* * * * * * * 

XIII. Federal Class I Areas ...................................................... 12/15/2011 2/24/16 81 FR 3963, 

1/25/16 

XIV. Visibility ............................................................................ 12/15/2010 2/24/16 81 FR 3963, 

1/25/16 

XV. Actuals PALs .................................................................... 12/15/2010 2/24/16 81 FR 3963, 

1/25/16 

* * * * * * * 

* * * * * 

Dated: March 24, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2016–08274 Filed 4–11–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2016–0003; FRL–9944–83– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Spokane, 

Washington: Second 10-Year PM10

Limited Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the limited 

maintenance plan submitted on January 

4, 2016, by the State of Washington for 

the Spokane area, which includes the 

cities of Spokane, Spokane Valley, 

Millwood and surrounding 

unincorporated areas in Spokane 

County, Washington. This plan 

addresses the second 10-year 

maintenance period for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal 10 

micrometers (PM10). A limited 

maintenance plan is used to meet Clean 

Air Act requirements for formerly 

designated nonattainment areas that 

meet certain qualification criteria. The 

EPA determined that Washington’s 

submittal meets the limited 

maintenance plan criteria. The Spokane 

area currently has monitored PM10

levels well below the National Ambient 

Air Quality Standards (NAAQS) and 

levels have not increased since the area 

was redesignated to attainment in 2005. 

The EPA is also approving minor 

updates to the Spokane Regional Clean 

Air Agency (SRCAA) regulations 

controlling PM10 related to the 

maintenance plan. 

DATES: This final rule is effective May 

12, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2016–0003. All 

documents in the docket are listed on 

the http://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 http://

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: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Orders Review 

I. Background Information 

On February 26, 2016, the EPA 

proposed to approve the limited 

maintenance plan submitted by the 

State of Washington, on January 4, 2016, 

for the Spokane PM10 area, including 

minor regulatory changes associated 

with the limited maintenance plan (81 

FR 9793). An explanation of the Clean 

Air Act requirements, a detailed 

analysis of the submittal, and the EPA’s 

reasons for proposing approval were 

provided in the notice of proposed 

rulemaking, and will not be restated 

here. The public comment period for 

this proposed rule ended on March 28, 

2016. The EPA received no comments 

on the proposal. 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations 21471 

II. Final Action 

The EPA is approving the limited 

maintenance plan submitted by the 

State of Washington, on January 4, 2016, 

for the Spokane PM10 area. The EPA’s 

approval of this limited maintenance 

plan satisfies the Clean Air Act 

requirements for the second 10-year 

period in the Spokane PM10 area. 

Additionally, the EPA is approving and 

incorporating by reference updated 

versions of supporting regulations, 

specifically SRCAA Regulation I, 

sections 6.05, 6.14, and 6.15. These 

regulatory changes update and clarify 

the general PM10 control measures, 

including minor revisions to the 

emission reduction strategies for both 

paved and unpaved roads. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

regulations described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through http://www.regulations.gov 

and/or in hard copy at the appropriate 

EPA office (see the ADDRESSES section of 

this preamble for more information). 

IV. Statutory and Executive Orders 

Review 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air 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 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. This 

SIP revision is not approved to apply in 

Indian reservations in the State or any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. Consistent with EPA 

policy, the EPA provided a consultation 

opportunity to the Spokane Tribe in a 

letter dated May 21, 2015. 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 June 13, 2016. 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: April 1, 2016. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 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. In § 52.2470: 

■ a. Amend paragraph (c), Table 9 

‘‘Additional Regulations Approved for 

Spokane Regional Clean Air Agency 

(SRCAA) Jurisdiction ‘‘, by revising 

entries ‘‘6.05’’, ‘‘6.14’’, and ‘‘6.15’’. 

■ b. Amend paragraph (e), Table 2 

‘‘Attainment, Maintenance, and Other 

Plans’’, by adding an entry to the end of 

the table. 

The revisions and addition read as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 


jstallworth on DSK7TPTVN1PROD with RULES
21472 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations 

TABLE 9—ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL CLEAN AIR AGENCY (SRCAA) 

JURISDICTION

[Applicable in Spokane County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations 

and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability 

sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012] 

State/local citation Title/subject State/local 

effective date EPA approval date Explanations 

Spokane Regional Clean Air Agency Regulations 

Regulation I—Article VI—Emissions Prohibited 

6.05 ............................ Particulate Matter and Preventing Particulate Matter from Becoming 

Airborne.

04/10/04 04/12/16 [Insert Federal 

Register citation].

Except 6.05(A). 

6.14 ............................ Standards for Control of Particulate Matter 

on Paved Surfaces.

06/03/07 04/12/16 [Insert Federal 

Register citation].

6.15 ............................ Standards for Control of Particulate Matter 

on Unpaved Roads.

06/03/07 04/12/16 [Insert Federal 

Register citation].

* * * * * * * 

* * * * * (e) * * * 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP Provision Applicable geographic 

or nonattainment area 

State submittal 

date EPA approval date Explanations 

*******

Particulate Matter (PM10) 2nd 10-Year Limited Maintenance Plan.Spokane .................... 1/4/16 4/12/16 [Insert Federal 

Register citation].

[FR Doc. 2016–08272 Filed 4–11–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0449; FRL–9944–11] 

1,2-Propanediol, 3-[3-[1, 3, 3, 3-

tetramethyl-1-[(trimethylsilyl)oxy]-1- 

disiloxanyl] propoxy]-; Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 1,2- 

propanediol, 3-[3-[1, 3, 3, 3-tetramethyl1-[(trimethylsilyl)oxy]-1-disiloxyanyl] 

propoxy]- (CAS Reg. No. 70280–68–1) 

when used as an inert ingredient 

(antifoaming agent) in pesticide 

formulations applied to growing crops 

at a maximum concentration not to 

exceed 5% by weight. Exponent, on 

behalf of ISK Biosciences submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 1,2- 

propanediol, 3-[3-[1, 3, 3, 3-tetramethyl1-[(trimethylsilyl)oxy]-1-disiloxyanyl] 

propoxy]-. 

DATES: This regulation is effective April 

12, 2016. Objections and requests for 

hearings must be received on or before 

June 13, 2016, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0449, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 


jstallworth on DSK7TPTVN1PROD with RULES