[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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