[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Rules and Regulations]
[Pages 50212-50214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16929]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[R10-OAR-2005-WA-0005; FRL-7959-6]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes: Wallula, WA, Area

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is taking 
final action to approve a PM10 State Implementation Plan 
(SIP) maintenance plan revision for the Wallula, Washington 
nonattainment area and to redesignate the area from nonattainment to 
attainment. PM10 air pollution is suspended particulate 
matter with a nominal diameter less than or equal to a nominal ten 
micromenters. We are approving the maintenance plan revision and 
redesignation request because the State has adequately demonstrated 
that the control measures being implemented in the Wallula area will 
result in maintenance of the PM10 National Ambient Air 
Quality Standards and that all other requirements of the Clean Air Act 
for redesignation to attainment have been met.

DATES: Effective September 26, 2005.

ADDRESSES: Copies of the State's request and other supporting 
information used in developing this action are available for inspection 
during normal business hours at the following locations: EPA, Office of 
Air, Waste, and Toxics (AWT-107), 1200 Sixth Avenue, Seattle, 
Washington 98101. Interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day. A reasonable fee may be charged for 
copies.

FOR FURTHER INFORMATION CONTACT: Donna Deneen, Office of Air, Waste, 
and Toxics (AWT-107), EPA Region 10, 1200 Sixth Avenue, Seattle, 
Washington, 98101, (206) 553-6706.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Is the Background of This Rulemaking?
II. What Comments Did We Receive on the Proposed Action?
III. What Is Our Final Action?
IV. Statutory and Executive Order Reviews

I. What Is the Background of This Rulemaking?

    On July 1, 2005, we proposed to approve a State Implementation Plan 
(SIP) maintenance plan revision and redesignation request, dated March 
29, 2005, from the Director of the Washington State Department of 
Ecology (Ecology) for the Wallula PM-10 nonattainment area. 70 FR 
38073. We proposed our approval based on the State's demonstration that 
the control measures being implemented in the Wallula area would result 
in maintenance of the PM10 National Ambient Air Quality 
Standards and that all other Clean Air Act requirements for 
redesignation to attainment have been met. See the proposed action for 
a full description of how the maintenance plan and redesignation 
request meet Clean Air Act requirements.

II. What Comments Did We Receive on the Proposed Action?

    EPA provided a 30-day review and comment period on the proposal 
published in the Federal Register on July 1, 2005 (70 FR 38073). We 
received no comments on our proposed rulemaking.

III. What Is Our Final Action?

    We are taking final action to approve the Wallula PM10 
maintenance plan and redesignate the Wallula nonattainment area to 
attainment for PM10.

IV. 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

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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. 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 October 25, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 
matter, Intergovernmental relations, Reporting and recordkeeping 
requirements.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: August 12, 2005.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations 
are 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 52.2475(e)(2)(ii) is revised to read as follows:


Sec.  52.2475  Approval of plans.

    (e) * * *
    (2) * * *
    (ii) EPA approves, as a revision to the Washington State 
Implementation Plan, the Wallula PM10 maintenance plan, 
adopted by the Washington Department of Ecology on March 29, 2005 and 
submitted to EPA.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. In Sec.  81.348, the table entitled ``Washington--PM-10'' is amended 
by revising the entry for ``Walla Walla and Benton Counties, Wallula'' 
to read as follows:


Sec.  81.348  Washington.

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                                                Washington--PM-10
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                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                         Date                Type                Date                Type
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                                                 * * * * * * *
                                        Walla Walla and Benton Counties
                                                     Wallula
 
The area bounded on the south by  September 26, 2005  Attainment........
 a line from UTM coordinate
 5099975mN, 362500mE, west to
 5099975mN, 342500mE, thence
 north along a line to
 coordinate 5118600mN, 342500mE,
 thence east to 5118600mN,
 362500mE, thence south to the
 beginning coordinate 5099975mN,
 362500mE.
 
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[FR Doc. 05-16929 Filed 8-25-05; 8:45 am]
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