[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Rules and Regulations]
[Pages 39926-39927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13554]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R10-OAR-2005-WA-0006; FRL-7936-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Washington; Correcting Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendments.

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SUMMARY: EPA is taking direct final action on amendments which correct 
typographical numbering errors in the instructions amending the Code of 
Federal Regulations (CFR) in the approval of the serious area plan for 
attainment of the annual and 24-hour PM10 standards for 
Wallula, Washington, published on May 2, 2005. PM10 is 
particulate matter with an aerodynamic diameter less than or equal to a 
nominal 10 micrometers.

DATES: This direct final rule will be effective September 12, 2005, 
without further notice, unless EPA receives adverse comments by August 
11, 2005. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. R10-OAR-
2005-WA-0006, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web Site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     Mail: Colleen Huck, Office of Air, Waste and Toxics, AWT-
107, EPA, Region 10, 1200 Sixth Ave., Seattle, Washington 98101.
     Hand Delivery: Colleen Huck, Office of Air, Waste and 
Toxics, AWT-107, 9th Floor, EPA, Region 10, 1200 Sixth Ave., Seattle, 
Washington 98101. Such deliveries are only accepted during normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. R10-OAR-2005-
WA-0006. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.epa.gov/edocket, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. The EPA EDOCKET and the Federal 
regulations.gov Web site are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through EDOCKET or regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, such as CBI or other information 
whose disclosure 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 in EDOCKET or in hard 
copy at EPA, Region 10, Office of Air, Waste and Toxics, 1200 Sixth 
Avenue, Seattle, Washington, from 8 a.m. to 4:30 p.m. Monday through 
Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Colleen Huck at telephone number: 
(206) 553-1770, e-mail address: [email protected], fax number: (206) 
553-0110, or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 2, 2005 (70 FR 22597), EPA approved a Washington State 
Implementation Plan (SIP) for the Wallula, Washington serious 
nonattainment area for PM10. In approving the Wallula 
PM10 serious area plan, EPA inadvertently made typographical 
errors in the amendatory instructions contained at the end of the 
notice. The third amendatory instruction contains an incorrect section 
number--Sec.  52.672. The section number should be identified as Sec.  
52.2475. In addition, EPA inadvertently added paragraph (e)(1) to Sec.  
52.2475 when that paragraph already existed. The intent of the rule was 
to amend that section by adding paragraph (e)(2). This document 
corrects the erroneous amendatory language.

II. Direct Final Action

    EPA is publishing this action without a prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comments. In the proposed rules section of this Federal Register 
publication, however, EPA is publishing a separate document that will 
serve as the proposal to approve the SIP revision should relevant 
adverse comments be filed. This direct final rule is effective on 
September 12, 2005 without further notice, unless EPA receives adverse 
comment by August 11, 2005. 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 did not take effect. All 
public comments received will then be addressed in a subsequent final 
rule based on the proposed rule. EPA will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule, EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal

[[Page 39927]]

requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Because this rule approves pre-existing requirements 
under state law and does not impose any additional enforceable duty 
beyond that required by state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 6, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    This action does not involve technical standards; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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. 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 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 September 12, 2005. 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, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: June 24, 2005.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.

0
Chapter I, title 40 of the Code of Federal Regulations is corrected by 
making the following correcting amendments:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart WW--Washington

0
2. Section 52.2475 is amended by revising paragraphs (e)(1) and (2) to 
read as follows:


Sec.  52.2475  Approval of plans.

* * * * *
    (e) * * *
    (1) Yakima.
    (i) EPA approves as a revision to the Washington State 
Implementation Plan, the Yakima County PM-10 Nonattainment Area Limited 
Maintenance Plan adopted by the Yakima Regional Clean Air Authority on 
June 9, 2004, and adopted and submitted by the Washington Department of 
Ecology on July 8, 2004.
    (ii) [Reserved]
    (2) Wallula.
    (i) EPA approves as a revision to the Washington State 
Implementation Plan, the Wallula Serious Area Plan for PM10 
adopted by the State on November 17, 2004 and submitted to EPA on 
November 30, 2004.
    (ii) [Reserved]
* * * * *
[FR Doc. 05-13554 Filed 7-11-05; 8:45 am]
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