[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Rules and Regulations]
[Pages 17545-17547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8942]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA 68-7143-a; FRL-6322-5]
Approval and Promulgation of Implementation Plans: Washington
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: Environmental Protection Agency (EPA) approves the revisions
to the Washington State Implementation Plan (SIP) submitted by the
Washington Department of Ecology on March 2, 1999 amending two portions
of the Spokane County Air Pollution Control Agency's (SCAPCA)
Regulation I, Article IV. The revisions to the SIP for the Spokane
particulate matter with an aerodynamic diameter less than or equal to a
nominal 10 micrometers (PM10) nonattainment area simply adds a
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definition so that previously approved control measures would continue
to be implemented should the area be redesignated as attainment or the
pre-existing PM-10 standard is revoked.
DATES: This direct final rule is effective on June 11, 1999 without
further notice, unless EPA receives adverse comment by May 12, 1999. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue,
Seattle, Washington 98101.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, Environmental Protection Agency, 401 M Street, SW, Washington,
D.C. 20460. Copies of material submitted to EPA may be examined during
normal business hours at the following locations: EPA, Region 10,
Office of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington
98101, and State of Washington Department of Ecology, 300 Desmond
Drive, Lacey, Washington 98503.
FOR FURTHER INFORMATION CONTACT: George Lauderdale, Office of Air
Quality (OAQ-107), EPA, Seattle, Washington 98101, (206) 553-6511.
SUPPLEMENTARY INFORMATION:
I. Background
Spokane, Washington, was designated a PM-10 nonattainment area on
November 15, 1990. The major sources of particulate air pollution are
fugitive dust and residential wood combustion. Industrial emissions are
a minor source of PM-10 within the nonattainment area. On January 27,
1997, see 62 FR 3800, EPA approved the SIP for PM-10 for the Spokane
nonattainment area. The approved attainment plan contains specific
regulations which implement control measures for residential wood
combustion, paved surfaces, unpaved roads, and other measures. These
measures are being fully implemented and the area has not monitored PM-
10, 24-hour or annual, violations since 1994. Some of the control
measures in the approved SIP are contained in the Spokane County Air
Pollution Control Authority (SCAPCA) regulations. Specifically SCAPCA
Regulation I , includes standards of control for particulate matter on
paved and unpaved surfaces and roads.
II. Summary of Action
SCAPCA amended SCAPCA Regulation I (effective February 13, 1999)
and submitted the amendments to Ecology for inclusion in the SIP. The
changes will preserve the applicability of Section 6.14 Standards for
Control of Particulate Matter on Paved Surfaces, and Section 6.15
Standards for Control of Particulate Matter on Unpaved Roads, should
the area be redesignated attainment or the pre-existing PM-10 standard
be revoked for Spokane. SCAPCA has added a definition to both sections
that requires continued implementation of the control measures in the
Spokane PM-10 nonattainment area even if EPA were to redesignate the
area to attainment or revoke the pre-existing PM-10 standard. On
February 26, 1999, after full public hearing, Ecology adopted the
revisions as part of the SIP and on March 2, 1999, submitted the
revisions to EPA for approval.
EPA has reviewed the proposed SIP revision and determines that it
is consistent with the Clean Air Act and applicable regulations and
requirements. Therefore, EPA is approving the two minor rule changes to
the SCAPCA Regulation I as a revision to the Washington PM-10 SIP for
the Spokane nonattainment area.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective June 11, 1999
without further notice unless the Agency receives adverse comments by
May 12, 1999.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on June 11, 1999 and no
further action will be taken on the proposed rule.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, Regulatory
Planning and Review.
B. Executive Order 12875
Under Executive Order 12875, Enhancing the Intergovernmental
Partnership, EPA may not issue a regulation that is not required by
statute and that creates a mandate upon a State, local or tribal
government, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by those governments, or
EPA consults with those governments. If EPA complies by consulting,
Executive Order 12875 requires EPA to provide to the Office of
Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be economically significant as defined under E.O. 12866,
and (2) concerns an environmental health or safety risk that EPA has
reason to believe may have a disproportionate effect on children. If
the regulatory action meets both criteria, the Agency must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to E.O. 13045 because it is
does not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments, EPA may not issue a regulation that is not
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required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments to provide meaningful and
timely input in the development of regulatory policies on matters that
significantly or uniquely affect their communities.
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
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. EPA will submit a report containing this rule 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. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
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 June 11, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Incorporation by
reference, Particulate matter.
Note: Incorporation by reference of the Implementation Plan for
the State of Washington was approved by the Director of the Office
of Federal Register on July 1, 1982.
Dated: March 31, 1999.
Chuck Clarke,
Regional Administrator, Region 10.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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 52.2470 is amended by adding paragraph (c)(79) to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(79) February 22, 1999, letter from WDOE submitting a revision and
replacement pages to the State Implementation Plan for the Spokane PM-
10 Attainment Plan that will preserve the applicability of Section 6.14
Standards for Control of Particulate Matter on Paved Surfaces, and
Section 6.15 Standards for Control of Particulate Matter on Unpaved
Roads, should the area be redesignated as attainment or the pre-
existing PM-10 standard is revoked for Spokane.
(i) Incorporation by reference.
(A) Spokane County Air Pollution Control Authority's Regulation I.,
Article VI: Section 6.14 Standards for Control of Particulate Matter on
Paved Surfaces and; Section 6.15 Standards for Control of Particulate
Matter on Unpaved Roads, effective February 13, 1999.
[FR Doc. 99-8942 Filed 4-9-99; 8:45 am]
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