Federal Register: January 13, 2009 (Volume 74, Number 8)
DOCID: fr13ja09-3 FR Doc E9-357
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R10-OAR-2007-0110; FRL-8760-8]
NOTICE: RULES
DOCID: fr13ja09-3
ACTION: Approval and Promulgation of Implementation Plans:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Approval and Promulgation of Implementation Plans; Washington; Interstate Transport of Pollution
DATES: This action is effective on February 12, 2009.
DOCUMENT SUMMARY:
EPA is approving the action of the Washington State Department of Ecology (Ecology) to address the provisions of Clean Air Act (CAA) section 110(a)(2)(D)(i) for the 8hour ozone and PM2.5 National Ambient Air Quality Standards (NAAQS). CAA section 110(a)(2)(D)(i) requires each state to submit a State Implementation Plan (SIP) revision that prohibits emissions that adversely affect another state's air quality through interstate transport. EPA received no comments on its proposal to approve Ecology's SIP revision addressing these provisions. Therefore, EPA is finalizing its proposed approval of this revision for the State of Washington. Because EPA received adverse comments on its proposal to approve the SIP revision from the Idaho Department of Environmental Quality (IDEQ), EPA is not taking final action on the proposed approval for the State of Idaho at this time and will address those comments and take final action on IDEQ's submittal at a later date.
SUMMARY:
Washington; Interstate Transport of Pollution,
SUPPLEMENTAL INFORMATION
Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. Information is organized as follows:
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 June 26, 2007, EPA published a direct final rule to approve the actions of IDEQ and Ecology to address the requirements of Clean Air Act section 110(a)(2)(D)(i). 72 FR 35015. This Clean Air Act section requires each state to submit a SIP that prohibits emissions that could adversely affect another state, addressing four key elements. The SIP must prevent sources in the state from emitting pollutants in amounts which will: (1) Contribute significantly to nonattainment of the NAAQS in another state, (2) interfere with maintenance of the NAAQS by another state, (3) interfere with plans in another state to prevent significant deterioration of air quality, or (4) interfere with efforts of another state to protect visibility.
II. What Comments Did We Receive on the Proposed Action?
We stated in the direct final rule that if EPA received adverse comment, we would publish a timely withdrawal of the direct final rule. We received adverse comments on the Idaho portion of the direct final rule, and, therefore, we withdrew our direct final rule it its entirety. 72 FR 46157 (August 17, 2007). In a parallel notice of proposed rulemaking, also published on June 26, 2007, we stated that if we received adverse comments we would address all public comments in a subsequent final rule based on the proposed rule. 72 FR 35022. We received no comments on our proposal to approve Ecology's SIP revision addressing section 110(a)(2)(D)(i). Therefore, we are finalizing our proposed approval of this revision for the State of Washington. Because we received adverse comments on our proposal to approve the SIP revision from IDEQ, we are not taking final action on the proposed approval for the State of Idaho at this time and will address those comments and take final action on IDEQ's submittal at a later date. III. What Is Our Final Action?
We are finalizing our approval of Ecology's action to address the requirements of Clean Air Act section 110(a)(2)(D)(i). We made a minor change in the organization of the regulatory language contained in the proposal to be consistent with how the regulatory language is organized for similar actions. See, e.g., 73 FR 60955 (October 15, 2008) and 73 FR 75600 (December 12, 2008). We are not taking final action at this time to approve IDEQ's action to address CAA section 110(a)(2)(D)(i). IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.
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 action 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 March 16, 2009. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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).) [[Page 1593]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 31, 2008.
Elin D. Miller,
Regional Administrator, Region 10.
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 WWWashington
2. Section 52.2499 is added to read as follows:
Sec. 52.2499 Interstate Transport for the 1997 8hour ozone and PM2.5 NAAQS.
On January 17, 2007, the Washington State Department of Ecology
submitted a SIP revision to meet the requirements of Clean Air Act section 110(a)(2)(D)(i). EPA is approving this submittal.
[FR Doc. E9357 Filed 11209; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Donna Deneen, (206) 553-6706, or by e- mail at deneen.donna@epa.gov.