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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Parts 52 and 81
ID ID: [ID-02-003; FRL -7537-8]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY: Approval and Promulgation of State Implementation Plans and Designation of Areas for Air Quality Planning Purposes: Ada County/ Boise, ID Area
DATES: Written comments must be received on or before August 29, 2003.
DOCUMENT SUMMARY: The Environmental Protection Agency (EPA, Agency, or we)
proposes to rescind its earlier finding that the PM
SUMMARY: Idaho,
SUPPLEMENTAL INFORMATION
Table of ContentsI. Background
1. What is the purpose of this rulemaking?
2. What is a State Implementation Plan (SIP)?
3. What National Ambient Air Quality Standards (NAAQS) are considered in today's rulemaking?
4. What is the background information for this action?
5. What are the air quality characteristics of the area?
6. What criteria did EPA use to review the redesignation request and maintenance plan?
7. How does the State show that the area has attained the PM
8. Does the area have a fully approved nonattainment SIP?
9. Are the improvements in air quality which warrant this redesignation permanent and enforceable?
10. Has the State met all the planning requirements applicable to this area?
11. How does the State meet Section 110 requirements?
12. How does the State meet Part D requirements?
13. How does the State meet the Section 172(c) plan provisions requirements?
14. How does the State meet Subpart 4 requirements?
15. Has the State submitted a fully approvable maintenance plan for the area?
16. How has the State met the attainment year emission inventory requirement?
17. How does the State demonstrate maintenance of the PM
18. How will the State monitor air quality to verify continued attainment?
19. What contingency measure will the State rely upon to correct any future violation of the NAAQS?
20. How does this action affect Transportation Conformity? II. How Can Comments Be Made on This Rulemaking?
III. Statutory and Executive Order Reviews
I. Background
1. What Is the Purpose of This Rulemaking?
This rulemaking proposes to take certain actions related to the
PM
[[Page 44716]]
maintenance plan for the Ada County/Boise, Idaho area as a SIP revision
and to redesignate the area to ``attainment'' for PM
The proposed redesignation to attainment is based on valid
monitoring data and projections of ambient air quality made in the
demonstration that accompanies the maintenance plan. EPA believes the
area will continue to meet the National Ambient Air Quality Standards
(NAAQS) for PM
2. What Is a State Implementation Plan (SIP)?
The Clean Air Act requires states to attain and maintain ambient air quality equal to or better than standards that provide an adequate margin of safety for public health and welfare. These ambient air quality standards are established by EPA and are known as the National Ambient Air Quality Standards, or NAAQS.
The state's plans for attaining and maintaining the NAAQS are outlined in the State Implementation Plan (or SIP) for that state. The SIP is a planning document that, when implemented, is designed to ensure the achievement of the NAAQS. Each state currently has a SIP in place, and the Act requires that states make SIP revisions periodically as necessary to provide continued compliance with the standards.
SIPs include, among other things, the following: (1) An inventory of emission sources; (2) statutes and regulations adopted by the state legislature and executive agencies; (3) air quality analyses that include demonstrations that adequate controls are in place to meet the NAAQS; and (4) contingency measures to take effect if an area fails to attain the standards or to make reasonable progress toward attainment by the required date.
The state must make the SIP available for public review and comment through a public hearing. It also must be adopted by the state, and submitted to EPA by the Governor or his appointed designee. After EPA approves the SIP submission, the rules and regulations are rendered federally enforceable. The approved SIP serves as the state's plan to take actions that will reduce or eliminate air quality problems. Any subsequent revisions to the SIP must go through the formal SIP revision process specified in the Act.
The Idaho Department of Environmental Quality (Idaho DEQ, the
State, or Idaho) submitted a SIP for particulate matter in the Ada
County/Boise, Idaho nonattainment area in three parts on November 14,
1991, December 30, 1994, and July 13, 1995 (the 1991 PM
3. What National Ambient Air Quality Standards (NAAQS) Are Considered in Today's Rulemaking?
This action by EPA pertains to Idaho's compliance with the
PM
PM
On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for
particulate matter with an indicator that includes only those particles
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM
4. What Is the Background Information for This Action?
On August 7, 1987 (52 FR 29383), EPA identified the Ada County/
Boise, Idaho area as a PM1
The State developed a nonattainment area SIP revision designed to
bring about the attainment of the PM
On July 18, 1997 (62 FR 38856), EPA revised the NAAQS standard for
PM
classifications would continue to apply for an interim period. In
addition, we identified the criteria for determining that the pre
existing PM
[[Page 44717]]
DEQ submitted to EPA a maintenance plan and a request for redesignation
of the area to attainment.\3\ Idaho provided supplemental information on July 10, 2003 and July 21, 2003.
\2\ EPA extended the comment period for this rulemaking on July
26, 2000 (65 FR 45953) and later reopened the comment period on
September 11, 2000 (65 FR 54828). EPA took final action on only the
portion of the proposal related to the deletion of 40 CFR 50.6(d) on December 22, 2000. 65 FR 80779.
\3\ Title I, section 107(d)(3)(D) of the Act and the general
preamble to Title I, 57 FR 13498 (April 16, 1992), allow the
Governor of a State to request the redesignation of an area from nonattainment to attainment.
5. What Are the Air Quality Characteristics of the Area?
The Ada County/Boise, Idaho area is located in the southwestern part of Idaho and encompasses the northern half of Ada County. For a legal description of the boundaries, see 40 CFR 81.313. The area includes the City of Boise and some, but not all, of the surrounding suburbs. The Boise Metropolitan Statistical Area, which includes Ada County and Canyon County, is currently one of the fastest growing metropolitan regions in the nation with a 2001 population of over 452,000. Four additional counties make up the remainder of a larger region known as the Treasure Valley.
Located in the Boise River Valley, the Ada County/Boise, Idaho area
is prone to periods of air stagnation conditions due to atmospheric
inversions, especially during the winter. Stagnation periods, combined
with primary and secondary emissions of PM
Since 1991, only one exceedance of the 24hour standard in the Ada
County/Boise, Idaho area has been recorded. There have been six other
exceedances, all measured in winter months and recorded in 1991 or
earlier. There have been no exceedances of the annual PM
The criteria used to review the maintenance plan and redesignation request are derived from the Act, the General Preamble, and a policy and guidance memorandum from John Calcagni, September 4, 1992, Procedures for Processing Requests to Redesignate Areas to Attainment. Section 107(d)(3)(E) of the Act states that the EPA can be redesignate an area to attainment if the following conditions are met:
1. The Administrator has determined the area has attained the NAAQS.
2. The Administrator has fully approved the applicable implementation plan under Section 110(k).
3. The Administrator has determined that the improvement in air quality is due to permanent and enforceable reductions in emissions.
4. The State has met all applicable requirements for the area under Section 110 and Part D.
5. The Administrator has fully approved a maintenance plan,
including a contingency plan, for the area under Section 175A. 7. How Does the State Show That the Area Has Attained the
PM
Demonstrating that an area has attained the PM
An attainment determination was made for 19992001 (to include the
1999 baseline inventory year) as well as 20002002 (to reflect most
recent data). The data in EPA's Air Quality System show no exceedances
of the 24hour PM
The annual PM
8. Does the Area Have a Fully Approved Nonattainment SIP?
States containing initial moderate PM
9. Are the Improvements in Air Quality Which Warrant This Redesignation Permanent and Enforceable?
The State must be able to reasonably attribute the improvement in air quality to permanent and enforceable emission reductions. In making this showing, the State must demonstrate that air quality improvements are the result of actual enforceable emission reductions. This showing should consider emission rates, production capacities, and other related information. The analysis should assume that sources are operating at permitted levels (or historic peak levels) unless evidence is presented that such an assumption is unrealistic.
Idaho has demonstrated that the air quality improvements in the Ada
County/Boise, Idaho area are the result of permanent enforceable
emission reductions and not a result of either economic trends or
meteorology. EPA concludes that the modeling demonstration shows that
the area will meet the NAAQS, even under worst case meteorological
conditions. The modeling demonstration assumes emission rates
corresponding to the control measures relied on by the 1991
PM
[[Page 44718]]
meeting the enforceability requirements on September 22, 1994 and May
30, 1996. 59 FR 48582 and 61 FR 27019. The Tier II Operating Permits
are issued under federallyapproved IDAPA 58.01.01 and are enforceable
because they contain provisions that would result in penalties for not
meeting the terms and conditions limiting particulate matter.
Accordingly, Idaho can reasonably attribute improvement in air quality
to emission reductions from these permanent and enforceable measures.
Finally, with respect to economic trends, with the Ada County/Boise,
Idaho area currently one of the fastest growing metropolitan regions in
the nation, it is unlikely that air quality improvements are due to
this factor. Even though the economic trend is positive, air quality
improvements can still be expected because of the control measures that
are in place in combination with motor vehicle technology improvements.
In short, EPA believes that Idaho DEQ has demonstrated air quality
improvements are the result of permanent enforceable emission
reductions and not a result of economic trends or meteorological
conditions and has met the enforceability requirements of Section 175.
10. Has the State Met All the Planning Requirements Applicable to This Area?
The September 1992 Calcagni memorandum directs states to meet all of the applicable Section 110 and Part D planning requirements for redesignation purposes. Thus, EPA interprets the Act to require state adoption and EPA approval of the applicable programs under Section 110 and Part D that were due prior to the submission of a redesignation request, before EPA may approve a redesignation request. How the State has met these requirements is discussed below.
11. How Does the State Meet Section 110 Requirements?
Section 110(a)(2) of the Act contains general requirements for nonattainment plans. These requirements include, but are not limited to, submission of a SIP that has been adopted by the State after reasonable notice and public hearing; provisions for establishment and operation of appropriate apparatus, methods, systems and procedures necessary to monitor ambient air quality; implementation of a permit program; provisions for Part CPrevention of Significant Deterioration (PSD) and Part DNew Source Review (NSR) permit programs; criteria for stationary source emission control measures, monitoring and reporting, provisions for modeling; and provisions for public and local agency participation. See the General Preamble for further explanation of these requirements. 57 FR 13498 (April 16, 1992).
For purposes of redesignation, review of the Idaho SIP shows that the State has satisfied all requirements under the Act. Further, in 40 CFR 52.673, EPA has approved Idaho's SIP for the attainment and maintenance of the national standards under Section 110.
12. How Does the State Meet Part D Requirements?
Part D consists of general requirements applicable to all areas
which are designated nonattainment based on a violation of the NAAQS.
The general requirements are followed by a series of subparts specific
to each pollutant. All PM
13. How Does the State Meet the Section 172(c) Plan Provisions Requirements?
Subpart 1, section 172(c) contains general requirements for
nonattainment plans. A thorough discussion of these requirements may be
found in the General Preamble. 57 FR 13538 (April 16, 1992). The
requirements for reasonable further progress, identification of certain
emissions increases, and other measures needed for attainment were
satisfied with the initial attainment plan for the Ada County/Boise,
Idaho area. The requirement for an emission inventory is satisfied by
the completion of the inventory required for the maintenance plan. The
requirements of the Part D New Source Review (NSR) program will be
replaced by the Part C Prevention of Significant Deterioration (PSD)
program for PM
14. How Does the State Meet Subpart 4 Requirements?
Part D, Subpart 4, Section 189(a), (c) and (e) requirements apply
to any moderate nonattainment area before the area can be redesignated
to attainment. The requirements which were applicable prior to the
submission of the request to redesignate the area must be fully
approved into the SIP before redesignating the area to attainment. These requirements are discussed below:
(a) Provisions to assure that RACM was implemented by December 10, 1993;
(b) Either a demonstration that the plan provided for attainment as
expeditiously as practicable but not later than December 31, 1994, or a
demonstration that attainment by that date was impracticable;
(c) Quantitative milestones which were achieved every 3 years and
which demonstrate reasonable further progress (RFP) toward attainment by December 31, 1994; and
(d) Provisions to assure that the control requirements applicable
to major stationary sources of PM
As previously stated, EPA approved the 1991 PM
States with PM
Idaho has presented an adequate demonstration that it has met the
requirements applicable to the area under Section 110 and Part D. The
Part D NSR rules for PM
[[Page 44719]]
annual number of expected exceedances of the 24hour standard for the
three year period 19921994 was less than one and the average weighted
annual mean for the same period was below 50 ug/m3). Therefore,
contingency measures no longer are required under Section 172(c)(9) of
the Act. Contingency measures are also required for maintenance plans
under Section 175A(d). Idaho has provided contingency measures in the
maintenance plan for the Ada County/Boise, Idaho area to meet this
requirement. The contingency measures in the maintenance plan are discussed below.
15. Has the State Submitted a Fully Approvable Maintenance Plan for the Area?
Section 107(d)(3)(E) of the Act stipulates that for an area to be redesignated to attainment, EPA must fully approve a maintenance plan which meets the requirements of Section 175A. Section 175A defines the general framework of a maintenance plan, which must provide for maintenance, i.e., continued attainment, of the relevant NAAQS in the area for at least ten years after redesignation. The following is a list of core provisions required in an approvable maintenance plan.
1. The State must develop an attainment emissions inventory to identify the level of emissions in the area which is sufficient to attain the NAAQS.
2. The State must demonstrate maintenance of the NAAQS.
3. The State must verify continued attainment through operation of an appropriate air quality monitoring network.
4. The maintenance plan must include contingency provisions to promptly correct any violation of the NAAQS that occurs after redesignation of the area.
As explained below, Idaho has complied with each of these
requirements in the PM
16. How Has the State Met the Attainment Year Emission Inventory Requirement?
The State should develop an attainment year emissions inventory to identify the level of emissions in the area which is sufficient to attain the NAAQS. Where the State has made an adequate demonstration that air quality has improved as a result of the central measures in the SIP, the attainment inventory will generally be an inventory of actual emissions at the time the area attained the standards. This inventory should be consistent with EPA's most recent guidance on emission inventories for nonattainment areas available at the time and should include the emissions during the time period associated with the monitoring data showing attainment.
Idaho used monitoring data from 1999, 2000, and 2001 to show
attainment of the NAAQS. The maintenance plan includes an attainment
year emissions inventory for 1999. The State chose 1999 for the
attainment year inventory because, among other things, it was the most
recent year in which an air stagnation episode occurred and for which
inventory data was available for collection. Based on the methodologies
used to develop the inventory and EPA's review of assumptions and
calculations, the inventory meets the inventory requirement in section 175a of the Act.
17. How Does the State Demonstrate Maintenance of the PM
A State may generally demonstrate maintenance of the NAAQS either
by showing that future emissions of a pollutant or its precursors will
not exceed the level of the attainment inventory, or by modeling to
show that the future anticipated mix of sources and emission rates will
not cause a violation of the NAAQS. Under the Act, PM
Because of the contribution of precursors to the formation of
PM
To demonstrate attainment, Idaho used the model with meteorological
conditions corresponding to a period of air stagnation experienced in
1991 in the Ada County/Boise, Idaho area. We believe that Idaho
appropriately selected this event because it corresponded with one of
the area's highest PM
For the PM
After review and analysis of the attainment demonstration, EPA has
concluded that the plan is adequate to maintain the PM
18. How Will the State Monitor Air Quality To Verify Continued Attainment?
Once an area has been redesignated, the State must continue to
operate an appropriate air quality monitoring network, in accordance
with 40 CFR Part 58, to verify the attainment status of the area. The
maintenance plan should contain provisions for continued operation of
air quality monitors that will provide such verification. In its
submission, Idaho DEQ commits to continue to operate and maintain the
network of PM
19. What Contingency Measures Will the State Rely Upon to Correct Any Future Violation of the NAAQS?
Section 175A of the Act also requires that a maintenance plan include contingency provisions, as necessary, to promptly correct any violation of the NAAQS that occurs after redesignation. These contingency measures are distinguished from those generally required for nonattainment areas under Section 172(c)(9), which are discussed above. At a minimum, the contingency measures must include a commitment that the State will implement all measures contained in the nonattainment SIP prior to redesignation.
[[Page 44720]]
The maintenance plan explains how the contingency plan requirements
are being met. First, the plan explains that the contingency measures
used for meeting contingency requirements in the 1991 PM
The maintenance plan also identifies a list of additional measures
that are being developed or can be implemented in Ada and/or Canyon counties if there is a measured exceedance of the federal
PM
1. Adopt local ordinances that require the covering of all loads of material that may have the potential to contribute to particulate matter pollution.
2. Adopt local ordinances that require no trackout onto paved roads from sites.
3. Adopt local ordinances that require no burning of household garbage.
4. Eliminate local permits that allow any kind of uncontrolled, outdoor burning not specifically allowed under Idaho State law.
5. Expand the existing Vehicle Inspection and Maintenance Program to include the testing of all registered vehicles in Ada County.
6. Expand mandatory burning restrictions to include clean burning woodstoves during air quality alerts.
7. Adopt local ordinances that prohibit the construction of any unpaved private roads, driveways or parking lots.
See the TSD accompanying this notice for additional information on the status of each of the above measures.
By carrying over all the control and contingency measures from the
1991 PM
20. How Does This Action Affect Transportation Conformity?
Under Section 176(c) of the Act, transportation plans, programs, and projects in nonattainment or maintenance areas that are funded or approved under the Federal Transit Act, must conform to the applicable SIPs. In short, a transportation plan is deemed to conform to the applicable SIP if the emissions resulting from implementation of that transportation plan are less than or equal to the motor vehicle emission level established in the SIP for the maintenance year and other analysis years.
In this maintenance plan, procedures for estimating motor vehicle
emissions are well documented. Accordingly, we propose to approve the
following motor vehicle emissions budgets (MVEB) for PM
The motor vehicle emissions budget applies as a ceiling on
emissions in the year for which it is defined, and for all subsequent
years until another year for which a different budget is defined or
until a SIP revision modifies the budget. Thus, the 1999 MVEB will
apply for any conformity horizon year through 2009, and the 2010 MVEB
will apply for any conformity horizon year from 2010 through 2014, and
the 2015 MVEB will apply for all subsequent years. The TSD summarizes
how the PM
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public rulemaking file available for inspection at the Regional Office. EPA has established an official public rulemaking file for this action under ID02003. The official public file consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public rulemaking file does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public rulemaking file is available for public viewing at the Office of Air Quality (OAQ 107), EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. A copy of the file, as it exists on the date of proposal, is available for public viewing at EPA's Idaho Operations Office at EPA Region 10, Idaho Operations Office, 1435 N. Orchard St., Boise, ID 83706. EPA requests contacting the contact listed in the ``For Further Information Contact'' section to schedule your inspection. EPA's official hours of business are Monday through Friday, 8:30 AM to 4:30 PM, excluding Federal Holidays.
2. Copies of the State submission and EPA's technical support document are also available for public inspection during normal business hours, by appointment at the State Air Agency. State of Idaho Department of Environmental Quality, 1445 North Orchard, Boise, ID 837062239.
3. Electronic Access. You may access this Federal Register document
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or on paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains [[Page 44721]]
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate rulemaking identification number by including the text ``Public comment on proposed rulemaking ID02003'' in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket. 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.
i. Email. You may send comments by electronic mail (email) to
r10.aircom@epa.gov, please including the text ``Public comment on
proposed rulemaking ID2002003'' in the subject line. EPA's email
system is not an ``anonymous access'' system. If you send an email
comment directly without going through Regulations.gov, EPA's email
system automatically captures your email address. Email addresses
that are automatically captured by EPA's email system are included as
part of the comment that is placed in the official public docket.
ii. Regulation.gov. You may use Regulation.gov as an alternative method to submit electronic comments to EPA. Go directly to Regulations.gov at http://www.regulations.gov, then select Environmental Protection Agency at the top of the page and use the ``go'' button. The list of current EPA actions available for comment will be listed. Please follow the online instructions for submitting comments. The system is an ``anonymous access'' system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Section 2, directly below. These electronic submissions will be accepted in WordPerfect, Word or ASCII file format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send your comments to: Donna Deneen, Office of Air Quality, (OAQ107), EPA Region 10, 1200 Sixth Avenue, Seattle, Washington, 98101. Please include the text ``Public comment on proposed rulemaking ID02003'' in the subject line on the first page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: Donna Deneen, Office of Air Quality, (OAQ107), EPA Region 10, 1200 Sixth Avenue, Seattle, Washington, 98101. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
C. How Should I Submit CBI to the EPA?
Do not submit information that you consider to be CBI electronically to EPA. You may claim information that you submit to EPA to be CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). EPA will not disclose information so marked except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support your views.
4. If you estimate potential burden or costs, explain how you arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline identified.
8. To ensure proper receipt by EPA, identify the appropriate regional file/rulemaking identification number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and Federal Register citation related to your comments.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 proposes to approve 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 [[Page 44722]]
affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 1044).
This proposed 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 proposes to approve 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 proposed 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 proposed 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.).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks, Wilderness areas.
Dated: July 23, 2003.
Ronald A. Kreizenbeck,
Acting Regional Administrator, EPA, Region 10.
[FR Doc. 0319355 Filed 72903; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Donna Deneen, Office of Air Quality (OAQ107), EPA Region 10, 1200 Sixth Avenue, Seattle, Washington, 98101, (206) 5536706.
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