[Federal Register: August 4, 2005 (Volume 70, Number 149)]
[Rules and Regulations]
[Page 44855-44857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au05-5]
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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: cunningham.roylene@epa.gov.
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]
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