Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules 46169 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

The Boeing Company: Docket No. FAA– 

2021–0564; Project Identifier AD–2020– 

01350–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 4, 

2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all The Boeing 

Company Model MD–11 and MD–11F 

airplanes, certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 24, Electrical power. 

(e) Unsafe Condition 

This AD was prompted by reports 

indicating incidents of wires chafing against 

the inboard upper corner of the observer 

station circuit breaker panel. The FAA is 

issuing this AD to address wire chafing and 

arcing on the panel, which could cause 

damage to equipment, and result in loss of 

electrical power and a possible in-flight fire. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified in paragraph (h) of this 

AD: At the applicable times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin MD11–24A204, 

Revision 2, dated April 14, 2021, do all 

applicable actions identified as ‘‘RC’’ 

(required for compliance) in, and in 

accordance with, the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD11–24A204, Revision 2, dated April 14, 

2021. 

(h) Exception to Service Information 

Specifications 

Where Boeing Alert Service Bulletin 

MD11–24A204, Revision 2, dated April 14, 

2021, uses the phrase ‘‘the Revision 2 date of 

this service bulletin,’’ this AD requires using 

‘‘the effective date of this AD.’’ 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles ACO Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in Related Information. 

Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, Los Angeles ACO Branch, FAA, to 

make those findings. To be approved, the 

repair method, modification deviation, or 

alteration deviation must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) For service information that contains 

steps that are labeled as Required for 

Compliance (RC), the provisions of 

paragraphs (i)(4)(i) and (ii) of this AD apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(j) Related Information 

(1) For more information about this AD, 

contact Eric Igama, Aerospace Engineer, 

Systems and Equipment Section, FAA, Los 

Angeles ACO Branch, 3960 Paramount 

Boulevard, Lakewood, CA 90712–4137; 

phone: 562–627–5388; fax: 562–627–5210; 

email: Roderick.Igama@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; internet https://

www.myboeingfleet.com. You may view this 

service information at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

Issued on July 9, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–17362 Filed 8–17–21; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2019–0574, FRL–8814–01– 

R10] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Washington; Low Emission Vehicle 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Washington State 

Implementation Plan (SIP) pertaining to 

adoption by reference of a Low 

Emission Vehicle (LEV) program by the 

State of Washington. The Clean Air Act 

(CAA) grants authority to the EPA to 

adopt federal standards relating to the 

control of emissions from new motor 

vehicles, and generally preempts states 

from doing so. However, the CAA 

provides California the ability to adopt 

and enforce its own new motor vehicle 

emission standards, as long as the EPA 

approves California’s standards via a 

preemption waiver. The CAA also 

allows other states to adopt California’s 

new motor vehicle emission standards 

for which the EPA has granted such a 

waiver providing other relevant criteria 

are met. Washington adopted 

California’s LEV emission standards in 

2005, effective with new vehicles sold 

in model year 2009. Washington 

subsequently amended its new motor 

vehicle emissions program to 

incorporate California’s LEV updates to 

its program. The purpose of this SIP 

revision is to implement programs to 

reduce vehicle emissions that contribute 

to formation of ground level ozone and 

fine particulate matter. Washington did 

not submit provisions related to 

greenhouse gas emissions from new 

motor vehicles or zero-emission 

vehicles requirements for inclusion in 

the SIP. The EPA is proposing to 

approve Washington’s LEV SIP revision, 

as it relates to criteria pollutants, in 

accordance with the requirements of the 

CAA. 

DATES: Comments must be received on 

or before September 17, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2019–0574 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 


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1Effective June 11, 2020, the Washington State 

Legislature modified the LEV program to include all 

medium duty vehicles beginning with model year 

2025 and adopted California’s zero emission vehicle 

standards. See Revised Code of Washington 

70A.30.010. However, these recent statutory 

changes are not part of the 2019 rule package 

submitted for approval at this time. 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

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

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background 

A. What action is the EPA proposing? 

B. Washington’s Air Quality With Respect 

to the Federal National Ambient Air 

Quality Standards for Ozone and Fine 

Particulate Matter 

1. Washington Ozone Attainment Status 

2. Washington Fine Particulate Matter 

Attainment Status 

C. Federal Motor Vehicle Emission 

Standards 

D. California LEV Program 

E. Washington LEV Program 

II. Summary of the September 2019 

Washington LEV SIP Revision 

III. The EPA’s Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

A. What action is the EPA proposing? 

The EPA is proposing to approve a 

SIP revision submitted by Washington 

on September 30, 2019 requesting 

inclusion of the state’s adopted and 

implemented California LEV standards 

as part of the Washington SIP. None of 

Washington’s LEV rules are currently in 

the SIP. Under section 177 of the CAA, 

states with plan provisions approved 

under CAA part D (such attainment or 

maintenance plans for ozone and 

particulate matter described below) and 

other criteria in section 177 are met, 

may adopt California’s standards in lieu 

of otherwise applicable federal new 

motor vehicle emission standards. 

Washington’s LEV rules are 

applicable to subject, new motor 

vehicles sold or titled in Washington 

beginning with model year 2009. 

Subject vehicles include passenger cars, 

light duty trucks, and medium duty 

passenger vehicles.1 Washington first 

adopted California LEV standards as 

state regulation, Chapter 173–423 

Washington Administrative Code 

(WAC), in 2005 effective with the sale 

and titling of new vehicles beginning in 

model year 2009. Washington did not 

submit a request to the EPA to 

incorporate the program as a SIP 

revision at the time. However, to 

strengthen the SIP particularly with 

respect to ozone control, Washington 

formally submitted the state’s LEV 

program regulations to the EPA on 

September 30, 2019 for approval and 

inclusion in the SIP. Further detail on 

Washington’s LEV program is provided 

in section I.E. of this preamble. We are 

proposing to approve Washington’s SIP 

revision because it will update the SIP 

with the current Washington LEV rules, 

and because such LEV rules satisfy the 

criteria under section 177 of the CAA. 

B. Washington’s Air Quality With 

Respect to the Federal National 

Ambient Air Quality Standards for 

Ozone and Fine Particulate Matter 

1. Washington Ozone Attainment Status 

The CAA, as amended in 1990, 

requires the EPA to set National 

Ambient Air Quality Standards 

(NAAQS) for ambient air pollutants 

considered harmful to public health and 

the environment. The EPA establishes 

NAAQS for six principal air pollutants, 

or ‘‘criteria’’ pollutants, which include: 

Ozone, carbon monoxide, lead, nitrogen 

dioxide, particulate matter, and sulfur 

dioxide (SO2). The CAA establishes two 

types of NAAQS. Primary standards 

provide public health protection, 

including protecting the health of 

sensitive populations such as 

asthmatics, children, and the elderly. 

Secondary standards protect public 

welfare, including protection against 

decreased visibility and damage to 

animals, crops, vegetation, and 

buildings. The CAA also requires the 

EPA to periodically review the 

standards to ensure that they provide 

adequate health and environmental 

protection, and to update those 

standards as necessary. 

Ozone is formed in the atmosphere by 

photochemical reactions between ozone 

precursor pollutants, including volatile 

organic compounds (VOCs) and 

nitrogen oxides (NOX) in the presence of 

sunlight. In order to reduce ozone 

concentrations in the ambient air, the 

CAA directs areas designated as 

nonattainment to apply controls on VOC 

and NOX emission sources to reduce the 

formation of ozone. 

On November 6, 1991 (56 FR 56694), 

the EPA designated the PortlandVancouver area and the Seattle-Tacoma 

area as marginal nonattainment under 

the 1979 1-hour ozone NAAQS. For the 

1-hour ozone NAAQS, attainment is 

defined when the expected number of 

days per calendar year, with maximum 

hourly average concentration greater 

than 0.12 parts per million (ppm) is 

equal to or less than 1. The EPA 

approved the state’s CAA section 175A 

maintenance plan for the PortlandVancouver area and redesignated the 

area to attainment on May 19, 1997 (62 

FR 27204). Similarly, the EPA approved 

the state’s CAA section 175A 

maintenance plan for the SeattleTacoma area and redesignated the area 

to attainment on September 26, 1996 (61 

FR 50438). The EPA later revoked the 1- 

hour ozone NAAQS effective June 15, 

2005 (70 FR 44470). 

The EPA did not designate any 

nonattainment areas in Washington for 

subsequent updates to the ozone 

NAAQS, specifically designations for 

the 1997 8-hour ozone NAAQS (84 FR 

23857, April 30, 2004), the 2008 

revision to the 8-hour ozone NAAQS (77 

FR 30088, May 21, 2012), and the 2015 

revision to the 8-hour ozone NAAQS (82 

FR 54232, November 16, 2017). While 

there were no new ozone nonattainment 

areas designated in the state, 

Washington generally adopts pro-active 

measures to prevent nonattainment. 

2. Washington Fine Particulate Matter 

Attainment Status 

Fine particulate matter (PM2.5) can be 

emitted directly or formed secondarily 

in the atmosphere. The main precursors 

of secondary PM2.5 are SO2, NOX, 

ammonia, and VOCs. Sulfates are a type 

of secondary particle formed from SO2

emissions of power plants and 

industrial facilities. Nitrates, another 

common type of secondary particle, are 

formed from NOX emissions of power 

plants, automobiles, and other 

combustion sources. 

On July 18, 1997, the EPA 

promulgated the first air quality 

standards for PM2.5 (62 FR 38652). The 

EPA promulgated primary and 

secondary annual standards at a level of 

15 micrograms per cubic meter (mg/m3), 


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2We note that California’s LEV III requirements 

for greenhouse gas exhaust emission standards 

codified in sections 1961.1 and 1961.3 were not 

submitted for approval as part of Washington’s 

adoption by reference of the California LEV rules, 

nor were provisions related to zero emission 

vehicles (ZEV). 

3Effective June 11, 2020, the Washington State 

Legislature modified the LEV program to include all 

medium duty vehicles beginning with model year 

2025 and adopted California’s zero emission vehicle 

standards. However, these recent statutory changes 

are not part of the 2019 rule package submitted for 

approval at this time. 

4See Washington State Register (WSR) 05–24–044 

included in the docket for this action. 

5See WSR 09–03–077, 12–24–033, 16–12–099, 

and 19–02–056 included in the docket. 

6See WSR 12–24–033 included in the docket. 

based on a 3-year average of annual 

mean PM2.5 concentrations. In the same 

rulemaking, EPA promulgated primary 

and secondary 24-hour standards of 65 

mg/m3, based on a 3-year average of the 

98th percentile of 24-hour 

concentrations. All areas in Washington 

met the 1997 PM2.5 standards, with all 

counties classified as unclassifiable/ 

attainment. 

On October 17, 2006 (71 FR 61144), 

the EPA revised the PM2.5 NAAQS, 

retaining the annual average NAAQS at 

15 mg/m3 but revising the 24-hour 

NAAQS to 35 mg/m3. On November 13, 

2009 (74 FR 58688), the EPA designated 

the Tacoma area as nonattainment for 

the 24-hour PM2.5 NAAQS. On February 

10, 2015 (80 FR 7347), the EPA 

approved the CAA section 175A 

maintenance plan for the Tacoma area 

and redesignated the area to attainment. 

Attainment was achieved primarily 

through wood stove emission reduction 

measures. However, projected declines 

in mobile source precursor emissions 

from ongoing vehicle fleet turnover also 

played a role in demonstrating 

continued attainment of the NAAQS. 

Lastly, on January 15, 2013, the EPA 

promulgated a revised primary annual 

PM2.5 NAAQS (78 FR 3086), 

strengthening the standard from 15 mg/ 

m3 to 12 mg/m3. Nonattainment area 

designations for the 2012 primary 

annual PM2.5 standard were published 

on January 15, 2015 (80 FR 2206), with 

all counties in Washington classified as 

unclassifiable/attainment. 

C. Federal Motor Vehicle Emission 

Standards 

To reduce air pollution from motor 

vehicles, which contribute to higher 

levels of ambient air pollution such as 

ozone and PM2.5, motor vehicles sold in 

the United States are required by the 

CAA to be certified to meet federal 

motor vehicle emission standards. 

States are generally prohibited from 

adopting vehicle standards, except for 

California, which was granted an 

exception by the CAA to continue to 

issue its own vehicle emission 

standards. Section 209 of the CAA 

requires that, among other criteria for a 

waiver of preemption, California must 

demonstrate to the EPA that its newly 

adopted standards will be in the 

aggregate, at least as protective of public 

health and welfare as applicable federal 

standards. 

The CAA also authorizes other states 

to adopt California emission standards 

for which the EPA has granted 

California such a waiver of preemption. 

Under section 177 of the CAA, states 

with CAA part D attainment or 

maintenance plans are authorized to 

adopt California’s standards in lieu of 

federal vehicle standards, provided they 

do so with at least two model years lead 

time prior to the effective date of the 

standards, and provided that the EPA 

has issued a waiver of preemption to 

California for such standards. 

D. California LEV Program 

In 1990, California’s Air Resources 

Board (CARB) adopted LEV standards 

applicable to light and medium duty 

vehicles and phased in beginning with 

model year 1994 vehicles. In 1999, 

California adopted a second generation 

of LEV standards, known as LEV II, 

which were phased in beginning model 

year 2004. The EPA waived federal 

preemption for California’s LEV II 

program on April 22, 2003 (68 FR 

19811). 

In 2012, California approved a new, 

more stringent LEV program called the 

Advanced Clean Cars Program, or the 

LEV III program. California codified the 

LEV III requirements for criteria 

pollutant control in Title 13 of the 

California Code of Regulations, Division 

3, section 1961.2. The program was 

phased in beginning with vehicles 

certified in model year 2015 and 

applied to light duty vehicles, light duty 

trucks, and medium duty passenger 

vehicles. On June 9, 2013 (78 FR 2112), 

the EPA granted a federal preemption 

waiver for California’s Advanced Clean 

Cars Program.2

E. Washington LEV Program 

In 2005, the Washington Legislature 

first adopted California’s LEV program 

under Revised Code of Washington 

(RCW) 70A.30.010. Washington’s 

adoption in 2005 applied to passenger 

cars, light duty trucks, and medium 

duty passenger vehicles, excluding 

other medium duty vehicles and 

California’s ZEV requirements.3 The 

legislature directed the Washington 

Department of Ecology (Ecology) to 

develop regulations implementing the 

adoption of California’s LEV program, 

which Ecology codified in Chapter 173– 

423 Washington Administrative Code 

(WAC). Chapter 173–423 WAC became 

effective December 31, 2005 and applied 

to all 2009 and subsequent model 

years.4 However, Washington did not 

submit the 2005 version of its LEV 

program regulations as a SIP revision 

request to EPA at that time. Ecology 

subsequently amended its LEV program 

regulations to incorporate by reference 

updates to the applicable California’s 

LEV program requirements codified in 

California Code of Regulations Title 13, 

Division 3.5

II. Summary of the September 2019 

Washington LEV SIP Revision 

On September 30, 2019, Washington 

submitted a SIP revision requesting that 

the EPA amend the SIP to incorporate 

the state LEV requirements under 

Chapter 173–423 WAC. Washington’s 

LEV program includes California’s LEV 

III standards for criteria pollutant 

control, which Ecology first 

incorporated by reference on November 

28, 2012, effective December 29, 2012.6

Under section 177 of the CAA, states 

with CAA Part D attainment or 

maintenance plans, such as Washington, 

may adopt California’s standards in lieu 

of federal vehicle standards, provided 

they do so with at least two model years 

lead time prior to the effective date of 

the standards, and provided that the 

EPA has issued a waiver of preemption 

to California for such standards. As 

noted above, Washington adopted the 

California LEV standards in 2005 

applying to model year 2009 vehicles, 

meeting the two-year lead time 

requirement under section 177 of the 

CAA. As discussed above, the California 

LEV II standards adopted by 

Washington in 2005 had already 

received an EPA federal preemption 

waiver in 2003. Therefore, Washington 

met all CAA section 177 requirements 

for initial adoption of the California LEV 

standards. Subsequent updates, such as 

adoption of California’s LEV III, which 

also received a federal preemption 

waiver, also met the two-model year 

lead time requirement. Since the 

adoption of California’s LEV III program 

in 2012, there have been no major 

changes to Washington’s LEV program 

for criteria pollutants; however, Ecology 

has periodically updated the 

incorporation by reference in Chapter 

173–423 WAC to maintain consistency 

with the California motor vehicle 

emission standards. 

Washington submitted, and the EPA 

is proposing to approve and incorporate 

by reference into the SIP, Chapter 173– 


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7See National Ambient Air Quality Standards: 

Infrastructure State Implementation Plan for 2015 

Ozone and 2010 Sulfur Dioxide, Appendix B. 

8See 301_proposed IBR_Chapter 173–423 WAC_

strike through.pdf. 

9On May 10, 2021, Ecology announced intent to 

start rulemaking to revise Chapter 173–423 WAC to 

include zero emission vehicles for passenger cars, 

light duty trucks, and medium duty vehicles; zero 

emission vehicles for medium and heavy duty 

trucks (Advanced Clean Trucks); and low emission 

vehicle requirements for medium duty vehicles. 

10See 102_state submittal_2018 ISIP for 2015 03 

and 2010 S02 NAAQS included in the docket for 

this action. 

423 Low Emission Vehicles with one 

important caveat. Washington did not 

submit provisions related to California’s 

greenhouse gas motor vehicle emission 

standards.7 A strikeout version of 

Chapter 173–423 WAC with the 

greenhouse gas provisions excluded 

from our proposed approval is included 

in the docket for this action.8 These 

exclusions are also noted in the table of 

regulations proposed for approval in 

section III. of this preamble. Lastly, as 

discussed in section I.E. of this 

preamble, Chapter 173–423 WAC does 

not include California’s zero emission 

vehicle requirements.9

III. The EPA’s Proposed Action 

As previously noted, under section 

177 of the CAA, states with CAA part 

D attainment or maintenance plans, 

such as Washington, are authorized to 

adopt California’s standards in lieu of 

federal vehicle standards. Washington 

first adopted the California standards 

effective December 31, 2005; however, 

the state did not submit the LEV rules 

for approval in the SIP at the time. In 

2019, Washington submitted the LEV 

rules to strengthen the SIP with respect 

to ozone control statewide, including 

current maintenance areas.10 We are 

proposing to approve Washington’s 

request because it meets the 

requirements of section 177 of the CAA. 

Specifically, the EPA is proposing to 

approve and incorporate by reference 

into the Washington SIP at 40 CFR 

52.2470(c), Table 1—Regulations 

Approved Statewide, the regulations 

listed in the table below. 

WASHINGTON ADMINISTRATIVE CODE, CHAPTER 173–423—LOW EMISSION VEHICLES

State citation Title/subject 

State 

effective 

date 

Explanation 

173–423–010 ................. Purpose ................................................................ 12/29/12 

173–423–020 ................. Applicability ........................................................... 12/31/05 

173–423–025 ................. Effective Date ....................................................... 12/31/05 

173–423–030 ................. Incorporation by Reference .................................. 12/31/05 

173–423–040 ................. Definitions and Abbreviations ............................... 12/29/12 Except 173–423–040(3). 

173–423–050 ................. Requirement to Meet California Vehicle Emission 

Standards.

12/29/12 Except 173–423–050(2)(g). 

173–423–060 ................. Exemptions ........................................................... 12/29/12 

173–423–070 ................. Emission Standards, Warranty, Recall and Other 

California Provisions Adopted by Reference.

1/27/19 Except the incorporation by reference of California code sections 1961.1 and 1961.3. 

173–423–080 ................. Fleet Average Nonmethane Organic Gas 

(NMOG) and NMOG Plus NOX Exhaust Emission Requirements, Reporting and Compliance..

12/29/12 

173–423–100 ................. Manufacturer Delivery Reporting Requirements .. 12/29/12 

173–423–110 ................. Warranty Requirements ....................................... 12/29/12 

173–423–120 ................. Recalls .................................................................. 12/29/12 

173–423–130 ................. Surveillance .......................................................... 12/31/05 

173–423–140 ................. Enforcement ......................................................... 12/31/05 

173–423–150 ................. Severability ........................................................... 12/31/05 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include in a final rule, 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the regulations 

shown in section III of this preamble. 

The EPA has made, and will continue 

to make, these documents generally 

available through https://

www.regulations.gov and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT 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 proposed 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 proposed 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); 


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• 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 the 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). 

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 proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law 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, and 

other tribes located in Washington, in a 

letter dated July 15, 2019. 

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: August 12, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2021–17734 Filed 8–17–21; 8:45 am] 

BILLING CODE 6560–50–P 


jbell on DSKJLSW7X2PROD with PROPOSALS