[Federal Register: July 12, 2005 (Volume 70, Number 132)]
[Rules and Regulations]
[Page 39926-39927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy05-13]
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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: Huck.Colleen@epa.gov, 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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