42042 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations 

replacement’’ means a total replacement of 

the head of the femur or of the acetabulum. 

* * * * * 

■ 3. Amend appendix A to part 4 by 

revising the entries for diagnostic codes 

5051 through 5056 to read as follows: 

APPENDIX A TO PART 4—TABLE OF AMENDMENTS AND EFFECTIVE DATES SINCE 1946 

Sec. Diagnostic 

Code No. 

*******

5051 Added September 22, 1978. Note July 16, 2015. 

5052 Added September 22, 1978. Note July 16, 2015. 

5053 Added September 22, 1978. Note July 16, 2015. 

5054 Added September 22, 1978. Note July 16, 2015. 

5055 Added September 22, 1978. Note July 16, 2015. 

5056 Added September 22, 1978. Note July 16, 2015. 

*******

[FR Doc. 2015–17417 Filed 7–15–15; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0329; FRL–9930–69– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Interstate Transport Requirements for 

the 2008 Lead and 2010 Nitrogen 

Dioxide National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a submittal 

by the Washington Department of 

Ecology (Ecology) demonstrating that 

the State Implementation Plan (SIP) 

meets certain interstate transport 

requirements of the Clean Air Act (CAA) 

for the National Ambient Air Quality 

Standards (NAAQS) promulgated for 

lead (Pb) on October 15, 2008 and 

nitrogen dioxide (NO2) on January 22, 

2010. Specifically, Ecology conducted 

an emissions inventory analysis and 

reviewed monitoring data to show that 

sources in Washington do not 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2008 Pb and 2010 

NO2 NAAQS in any other state. 

DATES: This final rule is effective August 

17, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2015–0329. 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: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Statutory and Executive Orders Review 

I. Background Information 

On October 15, 2008 (73 FR 66964) 

and January 22, 2010 (75 FR 6474), the 

EPA revised the Pb and NO2 NAAQS, 

respectively. Within three years after 

promulgation of a new or revised 

standard, states must submit SIPs 

meeting the requirements of CAA 

sections 110(a)(1) and (2), often referred 

to as ‘‘infrastructure’’ requirements. On 

May 11, 2015, Ecology submitted a SIP 

revision to address the CAA section 

110(a)(2)(D)(i)(I) requirements 

demonstrating that sources in 

Washington do not significantly 

contribute to nonattainment or interfere 

with maintenance of the 2008 Pb and 

2010 NO2 NAAQS in any other state. On 

May 27, 2015, the EPA proposed to find 

that the Washington SIP meets the CAA 

section 110(a)(2)(D)(i)(I) interstate 

transport requirements for the 2008 Pb 

and 2010 NO2 NAAQS (80 FR 30200). 

An explanation of the CAA 

requirements, a detailed analysis of the 

submittal, and the EPA’s reasons for 

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 

June 26, 2015. The EPA received no 

comments on the proposal. 

II. Final Action 

The EPA reviewed the May 11, 2015 

submittal from Ecology demonstrating 

that sources in Washington do not 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2008 Pb and 2010 

NO2 NAAQS in any other state. The 

EPA has determined that the 

Washington SIP meets the CAA section 

110(a)(2)(D)(i)(I) interstate transport 

requirements for the 2008 Pb and 2010 

NO2 NAAQS. This action is being taken 

under section 110 of the CAA. 

III. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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: 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations 42043 

• 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). 

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). 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 EPA 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 September 14, 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: July 6, 2015. 

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, table 2 in paragraph 

(e) is amended by adding the entry 

‘‘Interstate Transport for the 2008 Pb 

and 2010 NO2 NAAQS’’ at the end of 

the table 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 

*******

Interstate Transport for the 

2008 Pb and 2010 NO2

NAAQS.

Statewide ............................... 5/11/15 7/16/15 [Insert Federal Register citation].This action addresses CAA 

110(a)(2)(D)(i)(I). 

[FR Doc. 2015–17467 Filed 7–15–15; 8:45 am] 

BILLING CODE 6560–50–P 


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