Approval and Promulgation of Implementation Plans: Washington

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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