Approval and Promulgation of State Implementation Plans: Washington; Vancouver Air Quality Maintenance Area Second 10-Year Carbon Monoxide Maintenance Plan, 36439-36443 [E8-14518]
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36439
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EPA-APPROVED FLORIDA REGULATIONS—Continued
State effective
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State citation
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Emissions Computation and Reporting.
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Chapter 62–212
Explanation
Stationary Sources—Preconstruction Review
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General Preconstruction Review
Requirements.
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62–212.400 ...............
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Prevention of Significant Deterioration (PSD).
Preconstruction Review for Nonattainment Areas.
02/02/06
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Actuals Plantwide Applicability
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4. Section 52.530 is amended by
revising paragraph (a) to read as follows:
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§ 52.530
quality.
Significant deterioration of air
(a) EPA approves the Florida
Prevention of Significant Deterioration
program, as incorporated into this
chapter, for power plants subject to the
Florida Power Plant Siting Act.
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[FR Doc. E8–14400 Filed 6–26–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2007–0998; FRL–8684–1]
Approval and Promulgation of State
Implementation Plans: Washington;
Vancouver Air Quality Maintenance
Area Second 10-Year Carbon
Monoxide Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the State of Washington.
The Washington State Department of
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Ecology submitted the Vancouver Air
Quality Maintenance Area Second 10year Carbon Monoxide Maintenance
Plan on April 25, 2007. In accordance
with the requirements of the Federal
Clean Air Act (the Act), EPA is
approving Washington’s revision
because the State adequately
demonstrates that the Vancouver Air
Quality Maintenance Area will maintain
air quality standards for carbon
monoxide (CO) through the year 2016.
DATES: This rule is effective on August
26, 2008, without further notice, unless
EPA receives adverse comment by July
28, 2008. If EPA receives adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2007–0998, by any of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: vaupel.claudia@epa.gov.
• Mail: Claudia Vergnani Vaupel,
U.S. EPA Region 10, Office of Air, Waste
and Toxics (AWT–107), 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101.
• Hand Delivery/Courier: U.S. EPA
Region 10, 1200 Sixth Avenue, Suite
900, Seattle, WA 98101. Attention:
Claudia Vergnani Vaupel, Office of Air,
PO 00000
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Except
provisions
at
62–
212.300(3)(a)1, which are
being conditionally approved.
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Waste and Toxics, AWT—107. 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. EPA–R10–OAR–2007–
0998. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, 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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, 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 https://
www.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
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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 https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., 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.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, U.S.
EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT:
Claudia Vergnani Vaupel at telephone
number: (206) 553–6121, e-mail address:
vaupel.claudia@epa.gov, fax number:
(206) 553–0110, or Gina Bonifacino at
telephone number: (206) 553–2970, email address: bonifacino.gina@epa.gov,
or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. What is the Purpose of this Action?
III. What is the Background for this Action?
IV. How Have the Public and Stakeholders
Been Involved in this Rulemaking
Process?
V. Evaluation of Washington’s Submittal
VI. Transportation and General Conformity
VII. Final Action
VIII. Statutory and Executive Order Reviews
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I. General Information
A. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through RME,
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, 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
claimed as CBI. In addition to one
complete version of the comment that
includes 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
public docket. Information so marked
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will not be disclosed except in
accordance with procedures set forth in
40 Code of Federal Regulations (CFR)
part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
i. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions—The Agency
may ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. What Is the Purpose of This Action?
EPA is taking direct final action to
approve the Second 10-year CO
Maintenance Plan for the Vancouver,
Washington Air Quality Maintenance
Area. Vancouver attained the CO
national ambient air quality standards
(NAAQS) in 1996 and has not violated
the standard since 1990. The second 10year CO maintenance plan submitted by
the state of Washington is designed to
keep the Vancouver area in attainment
for the CO standard for a second tenyear period beyond redesignation.
III. What Is the Background for This
Action?
Under section 107(d)(1)(C) of the Act,
any area designated before the date of
enactment of the Clean Air Act
Amendments of 1990 (CAAA) was to be
designated upon enactment by
operation of law. Under section
107(d)(1)(A) of the Act, States were
required by 120 days after enactment of
the CAAA, to submit lists designating
all areas of the State as attainment,
unclassifiable, or nonattainment.
Accordingly, on March 15, 1991,
letters were submitted by the governors
of Washington and Oregon to the EPA
Region 10 Administrator recommending
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the Vancouver and Portland areas,
respectively, be designated as
nonattainment for CO. On November 6,
1991 (56 FR 56694) the areas were
designated by EPA as nonattainment for
CO and classified as ‘‘moderate’’ with
design values less than or equal to 12.7
parts per million (ppm) under the
provisions outlined in sections 186 and
187 of the Act. On September 29, 1995
(60 FR 50423) EPA divided the
Portland-Vancouver area into separate
nonattainment areas for each state.
The State of Washington, following
the requirements of the Act, prepared
and submitted revisions to the
Washington SIP that first included an
attainment plan, and then developed a
plan to demonstrate maintenance of the
standard for a 10-year period beyond the
statutory attainment date. EPA
published approval of a redesignation
request to attainment and the first 10year maintenance plan on October 21,
1996 (61 FR 54560). The first 10-year
CO maintenance plan included a
commitment for periodic review of the
plan and submission of the second 10year maintenance plan. The State of
Washington submitted a second 10-year
maintenance plan to EPA on April 25,
2007.
The national 8-hour CO ambient
standard is attained when the daily
average 8-hour CO concentration of 9.0
ppm is not exceeded more than once a
year. Since the redesignation of the
Vancouver area to attainment for CO on
October 21, 1996, the second highest
concentration in any calendar year
measured by the approved monitoring
network was 6.7 ppm, which is less
than 9.0 ppm. Therefore the area is
attaining the CO NAAQS.
In addition, areas that can
demonstrate design values at or below
7.65 ppm (85 percent of exceedance
levels of the CO NAAQS) for 8
consecutive quarters may use a Limited
Maintenance Plan option. The current 8hour CO design value for the Vancouver
area is 4.8 ppm based on 2004–2005
data. The State of Washington has opted
to develop a Limited Maintenance Plan
to fulfill the Vancouver Area second 10year maintenance period required by the
Act.
IV. How Have the Public and
Stakeholders Been Involved in This
Rulemaking Process?
Section 110(a)(2) of the Act requires
that each SIP revision be adopted after
reasonable notice and public hearing.
This must occur prior to the revision
being submitted by a State to us. The
state of Washington held a public
hearing on March 1, 2007 in Vancouver,
Washington. A notice of public hearing
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was published in The Columbian on
January 29, 2007. A notice was also
published in the Washington State
Register on February 7, 2007. This SIP
revision became State effective on April
9, 2007, and was submitted by the
Governor’s designee to us on April 25,
2007. EPA has evaluated the State’s
submittal and determined that the State
met the requirements for reasonable
notice and public hearing under section
110(a)(2) of the Act.
V. Evaluation of Washington’s
Submittal
EPA has reviewed the State’s revised
CO maintenance plan for the Vancouver
air quality maintenance. This revision
provides the second 10-year update to
the maintenance plan for the area, as
required by section 175A(b) of the Act.
The following is a summary of the
requirements and EPA’s evaluation of
how each requirement is met.
A. Base Year Emissions Inventory
The plan must contain an attainment
year emissions inventory to identify a
level of emissions in the area which is
sufficient to attain the CO NAAQS. The
Vancouver CO second 10-year
maintenance plan contains an emissions
inventory for the base year 2002 that is
consistent with EPA’s most recent
guidance on maintenance plan emission
inventories. The emissions inventory is
a list, by source, of the air contaminants
directly emitted into the Vancouver CO
area. The data in the emissions
inventory is based on calculations and
is developed using emission factors,
which is a method for converting source
activity levels into an estimate of
emissions contributions for those
sources. Because violations of the CO
NAAQS are most like to occur on winter
weekdays, the inventory prepared is in
a ‘‘typical winter day’’ format. The table
below shows the pounds of CO emitted
per winter day in 2002 by source
category.
2002 EMISSION INVENTORY, MAIN
SOURCE CATEGORY SUBTOTALS
Main source category
C. Monitoring Network and Verification
of Continued Attainment
To verify the attainment status of the
area over the maintenance period, the
maintenance plan should contain
provisions for continued operation of an
appropriate, EPA-approved monitoring
network in accordance with 50 CFR part
58. The State of Washington has an
approved monitoring network that
includes the Vancouver area. The
monitoring network was most recently
approved by EPA on November 16,
2007. In 2006, the Southwest Clean Air
Agency requested permission to remove
the CO monitor at the Atlas and Cox site
in Vancouver and EPA concurred that
monitoring could be discontinued at the
site. The State is continuing to verify
attainment by conducting a triennial
review of CO emissions from the
countywide emissions inventory.
D. Contingency Plan
Section 175A(d) of the Act requires
that a maintenance plan include
contingency provisions. The Vancouver
Area CO Maintenance Plan contains a
Total ...........................
570,669
tiered level of response should the
triennial emission inventory show that
B. Demonstration of Maintenance
annual county-wide on road mobile
The maintenance plan demonstration emissions have increased over 2005
requirement is considered to be satisfied levels. The contingency plan calls for
Point Sources ...................
Onroad Mobile Sources ....
Non-road Mobile Sources
Area Sources ....................
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CO emissions
pounds per
winter day
(lb/d)
for areas using the Limited Maintenance
Plan option, which are required to
demonstrate design values at or below
7.65 ppm (85 percent of exceedance
levels of the CO NAAQS) for 8
consecutive quarters. The State of
Washington has opted to develop a
Limited Maintenance Plan to fulfill the
Vancouver Area second 10-year
maintenance period required by the Act.
With the Limited Maintenance Plan
option, there is no requirement to
project emissions of air quality over the
maintenance period. EPA believes that
if the area begins the maintenance
period at, or below, 85 percent of the
level of the CO 8-hour NAAQS, the
applicability of prevention of significant
deterioration requirements, the control
measures already in the SIP, and
Federal measures, should provide
adequate assurance of maintenance over
the 10-year maintenance period. The
last monitored violation of the CO
NAAQS in Vancouver occurred in 1990
and monitored CO levels have been
steadily in decline ever since. The
current 8-hour CO design value for the
Vancouver CO area is 4.8 ppm based on
2004–2005 data, which is below the
limited maintenance plan requirement
of 7.65 ppm. Therefore, the Vancouver
area has adequately demonstrated that it
will maintain the CO NAAQS into the
future.
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4,396
383,058
56,837
126,377
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analysis of appropriate emission
reduction measures and their
implementation.
VI. Transportation and General
Conformity
Transportation conformity is required
by section 176(c) of the Clean Air Act.
EPA’s conformity rule requires that
transportation plans, programs, and
projects that are funded under 23 U.S.C.
or the Federal Transit Act conform to
SIPs. Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS.
The transportation conformity rule
(40 CFR parts 51 and 93) and the general
conformity rule (40 CFR parts 51 and
93) apply to nonattainment areas and
maintenance areas covered by an
approved maintenance plan. Under
either conformity rule, an acceptable
method of demonstrating that a Federal
action conforms to the applicable SIP is
to demonstrate that expected emissions
from the planned action are consistent
with the emissions budget for the area.
While EPA’s Limited Maintenance
Plan option does not exempt an area
from the need to affirm conformity, it
explains that the area may demonstrate
conformity without submitting an
emissions budget. Under the Limited
Maintenance Plan option, emissions
budgets are treated as essentially not
constraining for the length of the
maintenance period because it is
unreasonable to expect that the
qualifying areas would experience so
much growth in that period that a
violation of the CO NAAQS would
result. Similarly, Federal actions subject
to the general conformity rule could be
considered to satisfy the ‘‘budget test’’
specified in section 93.158(a)(5)(i)(A) for
the same reasons that the budgets are
essentially considered to be unlimited.
1. Transportation Conformity
While areas with maintenance plans
approved under the Limited
Maintenance Plan option are not subject
to the budget test, the areas remain
subject to other transportation
conformity requirements of 40 CFR part
93, subpart A. Thus, the metropolitan
planning organization (MPO) in the area
or the State must document and ensure
that:
a. Transportation plans and projects
provide for timely implementation of
SIP transportation control measures in
accordance with 40 CFR 93.113;
b. Transportation plans and projects
comply with the fiscal constraint
element per 40 CFR 93.108;
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c. The MPO’s interagency
consultation procedures meet applicable
requirements of 40 CFR 93.105;
d. Conformity of transportation plans
is determined no less frequently than
every four years, and conformity of plan
amendments and transportation projects
is demonstrated in accordance with the
timing requirements specified in 40 CFR
93.104;
e. The latest planning assumptions
and emissions model are used as set
forth in 40 CFR 93.110 and 40 CFR
93.111;
f. Projects do not cause or contribute
to any new localized carbon monoxide
or particulate matter violations, in
accordance with procedures specified in
40 CFR 93.123; and
g. Project sponsors and/or operators
provide written commitments as
specified in 40 CFR 93.125.
EPA meets at least annually with the
Washington Department of Ecology, the
Southwest Clean Air Agency, the
Federal Highway Administration, the
Southwest Washington Regional
Transportation Council, and the
Washington Department of
Transportation to review documentation
and the Transportation Improvement
Plan for the Vancouver area and
determine if the area is meeting the
transportation conformity requirements
under 40 CFR part 93. Vancouver is
currently meeting the requirements
under 40 CFR part 93, subpart A.
On November 19, 2007, EPA posted a
notice finding the Vancouver CO second
10-year maintenance plan adequate for
transportation conformity purposes.
(See 72 FR 65019.)
VII. Final Action
In accordance with the requirements
of the Federal Clean Air Act (the Act),
EPA is approving this revision to the
State Implementation Plan (SIP) because
the State adequately demonstrates that
the Vancouver Air Quality Maintenance
Area will maintain air quality standards
for CO through the year 2016. EPA is
publishing this action without prior
proposal because the Agency views this
as a noncontroversial amendment 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 August 26, 2008 without
further notice unless the Agency
receives adverse comments by July 28,
2008.
If EPA receives such comments, then
EPA will publish a timely withdrawal of
the direct final rule informing the public
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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 on this rule. Any parties
interested in commenting on this rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on August 26, 2008 and no further
action will be taken on the proposed
rule.
VIII. 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:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
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• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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 August 26, 2008.
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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: June 10, 2008.
Michelle Pirzadeh,
Acting Regional Administrator, EPA Region
10.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
I
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PART 52—[AMENDED]
I. Background
1. The authority citation for part 52
continues to read as follows:
A. Medicare Overpayment
Medicare overpayments are Medicare
funds an individual, provider, or
supplier has received that exceed
amounts due and payable under the
Medicare statute and regulations (plus
any applicable interest and penalties
assessed on the overpayment). Section
400.202 defines a ‘‘supplier’’ as ‘‘a
physician or other practitioner, or an
entity other than a provider, that
furnishes health care services under
Medicare.’’
Generally, overpayments result when
payment is made by Medicare for items
or services that are not covered, exceeds
the amount allowed by Medicare for an
item or service, or is made for items or
services that should have been paid by
another insurer (for example, Medicare
secondary payer obligations). Once a
determination and any necessary
adjustments in the amount of the
overpayment have been made, the
remaining amount is a debt owed to the
United States Government.
Section 1870 of the Social Security
Act (the Act) provides a framework
within which liability for such Medicare
overpayments is determined and
recoupment of overpayments is
pursued. This framework prescribes a
decision making process that the agency
follows when pursuing the recoupment
of Medicare overpayments.
The regulation governing the liability
for Medicare overpayments is located at
42 CFR part 401 (subpart F).
I
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. Section 52.2475 is amended by
adding paragraph (a)(4) to read as
follows:
I
§ 52.2475
Approval of plans.
(a) * * *
(4) Vancouver.
(i) EPA approves as a revision to the
Washington State Implementation Plan,
the Vancouver Air Quality Maintenance
Area Second 10-year Carbon Monoxide
Maintenance Plan submitted by the
Washington Department of Ecology on
April 25, 2007.
(ii) [Reserved]
*
*
*
*
*
[FR Doc. E8–14518 Filed 6–26–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 401
[CMS–6032–F]
RIN 0938–AO27
Medicare Program; Use of Repayment
Plans
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: This final rule modifies
Medicare regulations to implement
section 935(a) of the Medicare
Prescription Drug, Improvement, and
Modernization Act of 2003 pertaining to
the use of repayment plans (also known
as extended repayment schedules or
‘‘ERS’’) for Medicare provider and
supplier overpayments. Under this
provision, we are granting a provider or
a supplier an ERS under certain terms
and conditions as defined in the statute.
This final rule establishes criteria and
procedures to apply this requirement
and to define the concepts of
‘‘hardship’’ and ‘‘extreme hardship.’’
DATES: Effective Date: These regulations
are effective on July 28, 2008.
FOR FURTHER INFORMATION CONTACT: Tom
Noplock, (410) 786–3378.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
18:06 Jun 26, 2008
Jkt 214001
B. Statutory Authority
The Federal Claims Collection Act of
1966 (Pub. L. 89–508) (FCCA), 80 Stat.
308 (amended by the Debt Collection
Improvement Act of 1996 (Pub. L. 104–
134) (DCIA) (codified at 31 U.S.C. 3711))
is the Federal government’s basic
statutory authority for debt management
practices. The Congress intended the
FCCA to reduce the amount of litigation
previously required to collect claims
and to reduce the volume of private
relief legislation in the Congress. The
FCCA was intended to be independent
of the other authorities we use to collect
debt and added to, rather than
supplanted, our other authorities,
including common law authority.
The FCCA authorized the head of an
agency to collect claims in any amount.
This statute also provided that the head
of an agency may, under certain
conditions, compromise a claim, or
suspend or terminate collection action
on a claim. Uncollectible claims in
excess of $100,000, exclusive of interest,
must be referred to the Department of
Justice for compromise. The FCCA was
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
36443
amended in 1996 and is now referred to
as the Debt Collection Improvement Act
of 1996 (Pub. L. 104–134) (DCIA), 110
Stat. 1321, 1358 (April 26, 1996)
(codified at 31 U.S.C. 3711).
In the November 2, 1977 Federal
Register (42 FR 57351), the Secretary of
the Department of Health and Human
Services (the Secretary) published a rule
to delegate authority to the Department
Claims Officer generally, and the
Administrator of the Centers for
Medicare & Medicaid Services (the
Administrator) for necessary claims
collection actions under our programs.
The authority delegated to the
Administrator covers all of our activities
in the Medicare program (Title XVIII)
and pertains to claims up to $20,000.
(This amount has been increased to
$100,000; see 31 U.S.C. 3711.)
In the August 29, 1983 Federal
Register (48 FR 39060), we published
the ‘‘Federal Claims Collection Act;
Claims Collection and Compromise’’
final rule with comment period in
accordance with the FCCA. In that final
rule with comment period, we adopted
the applicable debt collection tools
made available to us under the FCCA
including the ability to collect or
compromise claims, or suspend or
terminate collection action, as
appropriate. The final rule with
comment period also set forth the
requirements we use to evaluate
debtors’ requests for extended
repayment agreements specified in
§ 401.607.
As part of the Health Insurance
Portability and Accountability Act of
1996 (Pub. L. 104–191) (HIPAA), the
Congress added section 1893 to the Act
establishing the Medicare integrity
program (MIP) to carry out Medicare
program integrity activities that are
funded from the Medicare Trust Funds.
Section 1893 of the Act expands our
contracting authority to allow us to
contract with eligible entities to perform
MIP activities. These activities include
review of provider and supplier
activities including medical, fraud, and
utilization review; cost report audits;
Medicare secondary payer
determinations; education of providers,
suppliers, beneficiaries, and other
persons regarding payment integrity and
benefit quality assurance issues; and
developing and updating a list of
durable medical equipment items that
are subject to prior authorization (42
U.S.C. 1395ddd). These MIP contractors
assist us in the identification and
collection of Medicare provider and
supplier overpayments.
E:\FR\FM\27JNR1.SGM
27JNR1
Agencies
[Federal Register Volume 73, Number 125 (Friday, June 27, 2008)]
[Rules and Regulations]
[Pages 36439-36443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14518]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2007-0998; FRL-8684-1]
Approval and Promulgation of State Implementation Plans:
Washington; Vancouver Air Quality Maintenance Area Second 10-Year
Carbon Monoxide Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the State of
Washington. The Washington State Department of Ecology submitted the
Vancouver Air Quality Maintenance Area Second 10-year Carbon Monoxide
Maintenance Plan on April 25, 2007. In accordance with the requirements
of the Federal Clean Air Act (the Act), EPA is approving Washington's
revision because the State adequately demonstrates that the Vancouver
Air Quality Maintenance Area will maintain air quality standards for
carbon monoxide (CO) through the year 2016.
DATES: This rule is effective on August 26, 2008, without further
notice, unless EPA receives adverse comment by July 28, 2008. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2007-0998, by any of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: vaupel.claudia@epa.gov.
Mail: Claudia Vergnani Vaupel, U.S. EPA Region 10, Office
of Air, Waste and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101.
Hand Delivery/Courier: U.S. EPA Region 10, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Claudia Vergnani
Vaupel, Office of Air, Waste and Toxics, AWT--107. 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. EPA-R10-OAR-
2007-0998. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, 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 https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, 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 https://www.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
[[Page 36440]]
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 https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., 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. Publicly available docket
materials are available either electronically in https://
www.regulations.gov or in hard copy during normal business hours at the
Office of Air, Waste and Toxics, U.S. EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel at telephone
number: (206) 553-6121, e-mail address: vaupel.claudia@epa.gov, fax
number: (206) 553-0110, or Gina Bonifacino at telephone number: (206)
553-2970, e-mail address: bonifacino.gina@epa.gov, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. What is the Purpose of this Action?
III. What is the Background for this Action?
IV. How Have the Public and Stakeholders Been Involved in this
Rulemaking Process?
V. Evaluation of Washington's Submittal
VI. Transportation and General Conformity
VII. Final Action
VIII. Statutory and Executive Order Reviews
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
RME, regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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 public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. What Is the Purpose of This Action?
EPA is taking direct final action to approve the Second 10-year CO
Maintenance Plan for the Vancouver, Washington Air Quality Maintenance
Area. Vancouver attained the CO national ambient air quality standards
(NAAQS) in 1996 and has not violated the standard since 1990. The
second 10-year CO maintenance plan submitted by the state of Washington
is designed to keep the Vancouver area in attainment for the CO
standard for a second ten-year period beyond redesignation.
III. What Is the Background for This Action?
Under section 107(d)(1)(C) of the Act, any area designated before
the date of enactment of the Clean Air Act Amendments of 1990 (CAAA)
was to be designated upon enactment by operation of law. Under section
107(d)(1)(A) of the Act, States were required by 120 days after
enactment of the CAAA, to submit lists designating all areas of the
State as attainment, unclassifiable, or nonattainment.
Accordingly, on March 15, 1991, letters were submitted by the
governors of Washington and Oregon to the EPA Region 10 Administrator
recommending the Vancouver and Portland areas, respectively, be
designated as nonattainment for CO. On November 6, 1991 (56 FR 56694)
the areas were designated by EPA as nonattainment for CO and classified
as ``moderate'' with design values less than or equal to 12.7 parts per
million (ppm) under the provisions outlined in sections 186 and 187 of
the Act. On September 29, 1995 (60 FR 50423) EPA divided the Portland-
Vancouver area into separate nonattainment areas for each state.
The State of Washington, following the requirements of the Act,
prepared and submitted revisions to the Washington SIP that first
included an attainment plan, and then developed a plan to demonstrate
maintenance of the standard for a 10-year period beyond the statutory
attainment date. EPA published approval of a redesignation request to
attainment and the first 10-year maintenance plan on October 21, 1996
(61 FR 54560). The first 10-year CO maintenance plan included a
commitment for periodic review of the plan and submission of the second
10-year maintenance plan. The State of Washington submitted a second
10-year maintenance plan to EPA on April 25, 2007.
The national 8-hour CO ambient standard is attained when the daily
average 8-hour CO concentration of 9.0 ppm is not exceeded more than
once a year. Since the redesignation of the Vancouver area to
attainment for CO on October 21, 1996, the second highest concentration
in any calendar year measured by the approved monitoring network was
6.7 ppm, which is less than 9.0 ppm. Therefore the area is attaining
the CO NAAQS.
In addition, areas that can demonstrate design values at or below
7.65 ppm (85 percent of exceedance levels of the CO NAAQS) for 8
consecutive quarters may use a Limited Maintenance Plan option. The
current 8-hour CO design value for the Vancouver area is 4.8 ppm based
on 2004-2005 data. The State of Washington has opted to develop a
Limited Maintenance Plan to fulfill the Vancouver Area second 10-year
maintenance period required by the Act.
IV. How Have the Public and Stakeholders Been Involved in This
Rulemaking Process?
Section 110(a)(2) of the Act requires that each SIP revision be
adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a State to us. The state of
Washington held a public hearing on March 1, 2007 in Vancouver,
Washington. A notice of public hearing
[[Page 36441]]
was published in The Columbian on January 29, 2007. A notice was also
published in the Washington State Register on February 7, 2007. This
SIP revision became State effective on April 9, 2007, and was submitted
by the Governor's designee to us on April 25, 2007. EPA has evaluated
the State's submittal and determined that the State met the
requirements for reasonable notice and public hearing under section
110(a)(2) of the Act.
V. Evaluation of Washington's Submittal
EPA has reviewed the State's revised CO maintenance plan for the
Vancouver air quality maintenance. This revision provides the second
10-year update to the maintenance plan for the area, as required by
section 175A(b) of the Act. The following is a summary of the
requirements and EPA's evaluation of how each requirement is met.
A. Base Year Emissions Inventory
The plan must contain an attainment year emissions inventory to
identify a level of emissions in the area which is sufficient to attain
the CO NAAQS. The Vancouver CO second 10-year maintenance plan contains
an emissions inventory for the base year 2002 that is consistent with
EPA's most recent guidance on maintenance plan emission inventories.
The emissions inventory is a list, by source, of the air contaminants
directly emitted into the Vancouver CO area. The data in the emissions
inventory is based on calculations and is developed using emission
factors, which is a method for converting source activity levels into
an estimate of emissions contributions for those sources. Because
violations of the CO NAAQS are most like to occur on winter weekdays,
the inventory prepared is in a ``typical winter day'' format. The table
below shows the pounds of CO emitted per winter day in 2002 by source
category.
2002 Emission Inventory, Main Source Category Subtotals
------------------------------------------------------------------------
CO emissions
pounds per
Main source category winter day (lb/
d)
------------------------------------------------------------------------
Point Sources......................................... 4,396
Onroad Mobile Sources................................. 383,058
Non-road Mobile Sources............................... 56,837
Area Sources.......................................... 126,377
-----------------
Total............................................. 570,669
------------------------------------------------------------------------
B. Demonstration of Maintenance
The maintenance plan demonstration requirement is considered to be
satisfied for areas using the Limited Maintenance Plan option, which
are required to demonstrate design values at or below 7.65 ppm (85
percent of exceedance levels of the CO NAAQS) for 8 consecutive
quarters. The State of Washington has opted to develop a Limited
Maintenance Plan to fulfill the Vancouver Area second 10-year
maintenance period required by the Act.
With the Limited Maintenance Plan option, there is no requirement
to project emissions of air quality over the maintenance period. EPA
believes that if the area begins the maintenance period at, or below,
85 percent of the level of the CO 8-hour NAAQS, the applicability of
prevention of significant deterioration requirements, the control
measures already in the SIP, and Federal measures, should provide
adequate assurance of maintenance over the 10-year maintenance period.
The last monitored violation of the CO NAAQS in Vancouver occurred in
1990 and monitored CO levels have been steadily in decline ever since.
The current 8-hour CO design value for the Vancouver CO area is 4.8 ppm
based on 2004-2005 data, which is below the limited maintenance plan
requirement of 7.65 ppm. Therefore, the Vancouver area has adequately
demonstrated that it will maintain the CO NAAQS into the future.
C. Monitoring Network and Verification of Continued Attainment
To verify the attainment status of the area over the maintenance
period, the maintenance plan should contain provisions for continued
operation of an appropriate, EPA-approved monitoring network in
accordance with 50 CFR part 58. The State of Washington has an approved
monitoring network that includes the Vancouver area. The monitoring
network was most recently approved by EPA on November 16, 2007. In
2006, the Southwest Clean Air Agency requested permission to remove the
CO monitor at the Atlas and Cox site in Vancouver and EPA concurred
that monitoring could be discontinued at the site. The State is
continuing to verify attainment by conducting a triennial review of CO
emissions from the countywide emissions inventory.
D. Contingency Plan
Section 175A(d) of the Act requires that a maintenance plan include
contingency provisions. The Vancouver Area CO Maintenance Plan contains
a tiered level of response should the triennial emission inventory show
that annual county-wide on road mobile emissions have increased over
2005 levels. The contingency plan calls for analysis of appropriate
emission reduction measures and their implementation.
VI. Transportation and General Conformity
Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule requires that transportation
plans, programs, and projects that are funded under 23 U.S.C. or the
Federal Transit Act conform to SIPs. Conformity to a SIP means that
transportation activities will not produce new air quality violations,
worsen existing violations, or delay timely attainment of the NAAQS.
The transportation conformity rule (40 CFR parts 51 and 93) and the
general conformity rule (40 CFR parts 51 and 93) apply to nonattainment
areas and maintenance areas covered by an approved maintenance plan.
Under either conformity rule, an acceptable method of demonstrating
that a Federal action conforms to the applicable SIP is to demonstrate
that expected emissions from the planned action are consistent with the
emissions budget for the area.
While EPA's Limited Maintenance Plan option does not exempt an area
from the need to affirm conformity, it explains that the area may
demonstrate conformity without submitting an emissions budget. Under
the Limited Maintenance Plan option, emissions budgets are treated as
essentially not constraining for the length of the maintenance period
because it is unreasonable to expect that the qualifying areas would
experience so much growth in that period that a violation of the CO
NAAQS would result. Similarly, Federal actions subject to the general
conformity rule could be considered to satisfy the ``budget test''
specified in section 93.158(a)(5)(i)(A) for the same reasons that the
budgets are essentially considered to be unlimited.
1. Transportation Conformity
While areas with maintenance plans approved under the Limited
Maintenance Plan option are not subject to the budget test, the areas
remain subject to other transportation conformity requirements of 40
CFR part 93, subpart A. Thus, the metropolitan planning organization
(MPO) in the area or the State must document and ensure that:
a. Transportation plans and projects provide for timely
implementation of SIP transportation control measures in accordance
with 40 CFR 93.113;
b. Transportation plans and projects comply with the fiscal
constraint element per 40 CFR 93.108;
[[Page 36442]]
c. The MPO's interagency consultation procedures meet applicable
requirements of 40 CFR 93.105;
d. Conformity of transportation plans is determined no less
frequently than every four years, and conformity of plan amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104;
e. The latest planning assumptions and emissions model are used as
set forth in 40 CFR 93.110 and 40 CFR 93.111;
f. Projects do not cause or contribute to any new localized carbon
monoxide or particulate matter violations, in accordance with
procedures specified in 40 CFR 93.123; and
g. Project sponsors and/or operators provide written commitments as
specified in 40 CFR 93.125.
EPA meets at least annually with the Washington Department of
Ecology, the Southwest Clean Air Agency, the Federal Highway
Administration, the Southwest Washington Regional Transportation
Council, and the Washington Department of Transportation to review
documentation and the Transportation Improvement Plan for the Vancouver
area and determine if the area is meeting the transportation conformity
requirements under 40 CFR part 93. Vancouver is currently meeting the
requirements under 40 CFR part 93, subpart A.
On November 19, 2007, EPA posted a notice finding the Vancouver CO
second 10-year maintenance plan adequate for transportation conformity
purposes. (See 72 FR 65019.)
VII. Final Action
In accordance with the requirements of the Federal Clean Air Act
(the Act), EPA is approving this revision to the State Implementation
Plan (SIP) because the State adequately demonstrates that the Vancouver
Air Quality Maintenance Area will maintain air quality standards for CO
through the year 2016. EPA is publishing this action without prior
proposal because the Agency views this as a noncontroversial amendment
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
August 26, 2008 without further notice unless the Agency receives
adverse comments by July 28, 2008.
If EPA receives such comments, then EPA will publish a timely
withdrawal of the direct final rule 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 on this rule. Any
parties interested in commenting on this rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on August 26, 2008 and no further action will be
taken on the proposed rule.
VIII. 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:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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 August 26, 2008. 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: June 10, 2008.
Michelle Pirzadeh,
Acting Regional Administrator, EPA Region 10.
0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
[[Page 36443]]
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 adding paragraph (a)(4) to read as
follows:
Sec. 52.2475 Approval of plans.
(a) * * *
(4) Vancouver.
(i) EPA approves as a revision to the Washington State
Implementation Plan, the Vancouver Air Quality Maintenance Area Second
10-year Carbon Monoxide Maintenance Plan submitted by the Washington
Department of Ecology on April 25, 2007.
(ii) [Reserved]
* * * * *
[FR Doc. E8-14518 Filed 6-26-08; 8:45 am]
BILLING CODE 6560-50-P