[Federal Register Volume 70, Number 149 (Thursday, August 4, 2005)]
[Rules and Regulations]
[Pages 44855-44857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15439]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R10-OAR-2005-0004; FRL-7944-4]


Approval and Promulgation of Implementation Plans; Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, EPA is approving revisions to the State of 
Washington Implementation Plan (SIP). The Director of the Washington 
State Department of Ecology (Ecology) submitted a request to EPA dated 
March 1, 2004 to revise the Washington SIP to include revisions to WAC 
Ch. 173-434, Solid Waste Incinerator Facilities. The revisions were 
submitted in accordance with the requirements of section 110 of the 
Clean Air Act (hereinafter ``the Act''). EPA is approving the revisions 
to WAC Ch. 173-434 as part of the SIP, with the exception of two 
submitted rule provisions which are inappropriate for EPA approval 
because they are unrelated to the purposes of the implementation plan.

DATES: The final rule is effective on September 6, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. R10-OAR-2005-0004. Some information is not publicly available 
(i.e., Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute). Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at EPA, Office of Air, Waste, and Toxics (AWT-107), 1200 Sixth 
Avenue, Seattle, Washington 98101, from 8:30 a.m. to 4:30 p.m. Monday 
through Friday, excluding legal holidays. The Docket telephone number 
is (206) 553-4273.

FOR FURTHER INFORMATION CONTACT: Roylene A. Cunningham, EPA, Office of 
Air, Waste, and Toxics (AWT-107), Seattle, Washington 98101, (206) 553-
0513, or e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Public Comments on the Proposed Action
III. Final Action
IV. Geographic Scope of SIP Approval
V. Statutory and Executive Order Reviews

I. Background

    On May 20, 2005, EPA solicited public comment on a proposal to 
approve for inclusion in the Washington SIP revisions to WAC Ch. 173-
434, Solid Waste Incinerator Facilities. These changes became effective 
as a matter of State law on January 22, 2004. EPA last approved WAC Ch. 
173-434 into the SIP on January 15, 1993 (58 FR 4578). A detailed 
description of our action was published in the Federal Register on May 
20, 2005. The reader is referred to

[[Page 44856]]

the proposed rulemaking (70 FR 29239, May 20, 2005) for details.

II. Public Comments on the Proposed Action

    EPA provided a 30-day review and comment period and solicited 
comments on our May 20, 2005 proposal. EPA received a comment from one 
commenter stating that they support the proposed exclusion of tires and 
non-hazardous waste oil burned in cement kilns from the definition of 
solid waste.

III. Final Action

    EPA is taking final action to approve as part of the Washington SIP 
the following new and revised sections of WAC Ch. 173-434, Solid Waste 
Incinerator Facilities submitted by Ecology on March 1, 2004:
    WAC 173-434-020, Applicability and Compliance; -030, Definitions; -
110, Standards of Performance [except (1)(a)]; -130, Emission Standards 
[except (2)]; -160, Design and Operation; -170, Monitoring and 
Reporting; -190, Changes in Operation; and -200, Emission Inventory, 
State effective January 22, 2004.
    EPA is not approving in this rulemaking certain provisions, which 
EPA believes are inconsistent with the requirements of the Act or not 
appropriate for inclusion in a SIP under section 110 of the Act:
    WAC 173-434-110(1)(a), Standards of Performance. This subsection 
contains emission standards for cadmium, mercury, hydrogen chloride, 
and dioxin/furans. These types of provisions are inappropriate for SIP 
approval because they are not related to the criteria pollutants 
regulated under section 110 of the Act.
    WAC 173-434-130(2), Emission Standards. This section contains 
emission standards for hydrogen chloride. These types of provisions are 
inappropriate for SIP approval because they are not related to the 
criteria pollutants regulated under section 110 of the Act.
    Finally, EPA is removing the following provisions from the SIP 
because they have been previously repealed by the State:
    WAC 173-434-050, New Source Review (NSR); -070, Prevention of 
Significant Deterioration (PSD); and -100, Requirement of BACT, State 
effective October 18, 1990.

IV. Geographic Scope of SIP Approval

    This SIP approval does not extend to sources or activities located 
in Indian Country, as defined in 18 U.S.C. 1151. Consistent with 
previous Federal program approvals or delegations, EPA will continue to 
implement the Act in Indian Country in Washington because Ecology did 
not adequately demonstrate authority over sources and activities 
located within the exterior boundaries of Indian reservations and other 
areas of Indian Country. The one exception is 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. Therefore, EPA's SIP approval applies to 
sources and activities on non-trust lands within the 1873 Survey Area.

V. 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 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 9, 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.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. 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. section 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. 
section 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 October 3, 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

[[Page 44857]]

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, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: July 15, 2005.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

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 52.2470 is amended by adding paragraph (c)(88) to read as 
follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *
    (88) On March 1, 2004, the Washington State Department of Ecology 
submitted amendments to WAC Ch. 173-434, Solid Waste Incinerator 
Facilities, as revisions to the Washington State implementation plan.
    (i) Incorporation by reference.
    (A) The following new and revised sections of WAC Ch. 173-434, 
Solid Waste Incinerator Facilities: WAC 173-434-020, Applicability and 
Compliance; -030, Definitions; -110, Standards of Performance [except 
(1)(a)]; -130, Emission Standards [except (2)]; -160, Design and 
Operation; -170, Monitoring and Reporting; -190, Changes in Operation; 
and -200, Emission Inventory, State effective January 22, 2004.
    (B) Remove the following provisions from the current incorporation 
by reference: WAC 173-434-050, New Source Review (NSR);-070, Prevention 
of Significant Deterioration (PSD); and -100, Requirement of BACT, 
State effective October 18, 1990.

0
3. Section 2.2.434 of Sec.  52.2479 is revised to read as follows:


Sec.  52.2479  Contents of the federally approved, State submitted 
implementation plan.

* * * * *

  Washington State Implementation Plan for Air Quality; State and Local
                              Requirements
                           [Table of Contents]
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                              * * * * * * *
     2.2.434 WAC 173-434   Solid Waste Incinerator Facilities
             173-434-010   Purpose [10/18/90]
             173-434-020   Applicability and Compliance [1/22/04]
             173-434-030   Definitions [1/22/04]
             173-434-090   Operation and Maintenance Plan [10/18/90]
             173-434-110   Standards of Performance, except (1)(a) [1/22/
                           04]
             173-434-130   Emission Standards, except (2) [1/22/04]
             173-434-160   Design and Operation [1/22/04]
             173-434-170   Monitoring and Reporting [1/22/04]
             173-434-190   Changes in Operation [1/22/04]
             173-434-200   Emission Inventory [1/22/04]
             173-434-210   Special Studies [10/18/90]
 
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[FR Doc. 05-15439 Filed 8-3-05; 8:45 am]
BILLING CODE 6560-50-P