[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Rules and Regulations]
[Pages 9778-9780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3862]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA24-1-6519a; FRL-5143-7]
Approval and Promulgation of Implementation Plans; Washington
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: Environmental Protection Agency (EPA) approves certain
regulations of the Northwest Air Pollution Authority (NWAPA) for the
control of air pollution in Island, Skagit, and Whatcom Counties,
Washington, as revisions to the Washington State Implementation Plan
(SIP). These regulations were submitted by the Director of the
Washington State Department of Ecology (WDOE) on January 10, 1994. In
accordance with Washington statutes, NWAPA rules must be at least as
stringent as the WDOE statewide rules.
DATES: This final rule will be effective on April 24, 1995 unless
adverse or critical comments are received by March 24, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to:
Montel Livingston, SIP Manager, Air Programs Branch (AT-082), EPA,
Docket # WA24-1-6519, 1200 Sixth Avenue, Seattle, Washington 98101.
Documents which are incorporated by reference are available for public
inspection at the Air and Radiation Docket and Information Center, EPA,
401 M Street, SW, Washington, D.C. 20460. Copies of material submitted
to EPA may be examined during normal business hours at the following
locations: EPA, Region 10, Air Programs Branch, 1200 Sixth Avenue (AT-
082), Seattle, Washington 98101, and Washington Department of Ecology,
PO Box 47600, Olympia, Washington 98504.
FOR FURTHER INFORMATION CONTACT: Stephanie Cooper, Air Programs Branch
(AT-082), EPA, Region 10, Seattle, Washington 98101, (206) 553-6917.
SUPPLEMENTARY INFORMATION
I. Background
On January 10, 1994, the Director of WDOE submitted to EPA Region
10 revised and updated regulations for NWAPA affecting Island, Skagit,
and Whatcom Counties. NWAPA and WDOE held joint public hearings on
April 14, 1993 and September 8, 1993, to receive public comment on the
revisions to NWAPA's rules and the submittal to EPA as a revision to
the Washington SIP.
These regulations cover such subjects as the adoption of State laws
and rules, criminal and civil penalties, notice of construction
procedures, registration classes, volatile organic compounds (VOC)
controls, and others (please see Description of Plan Revisions, below).
NWAPA requested that the WDOE submit these additions for incorporation
into the Washington State SIP in an effort to prepare NWAPA for
implementation of the operating permit program. EPA granted interim
approval to NWAPA's operating permit program effective December 9,
1994. See 59 FR 55813 (November 9, 1994).
II. Description of Plan Revisions
The NWAPA amendments submitted by WDOE on January 12, 1994 for
inclusion into the Washington SIP are local air pollution regulations
which WDOE has certified are at least as stringent as the statewide
rules of the WDOE. This rulemaking action approves portions of NWAPA's
regulations related to the control of criteria pollutants under section
110 of the Act. EPA is taking no action on certain other portions of
NWAPA's regulation. In this rulemaking, EPA is approving the following
sections:
100 Name of Authority
101 Short Title
102 Policy
103 Duties and Powers
104.1 Adoption of State Laws and Rules
105 Separability
106 Public Records
110 Investigation and Studies
111 Interference or Obstruction
112 False and Misleading Oral Statement--Unlawful Reproduction or
Alteration of Documents
113 Service of Notice
114 Confidential Information
120 Hearings
121 Orders
122 Appeals from Orders or Violations
123 Status of Orders on Appeal
124 Display of Orders, Certificates, and other Notices--Removal or
Mutilation Prohibited
130 Citations--Notices
131 Violation--Notices
132 Criminal Penalty
133 Civil Penalty
134 Restraining Orders--Injunctions
135 Additional Enforcement--Compliance Schedules
140 Reporting by Government Agencies
145 Motor Vehicle Owner Responsibility
150 Pollutant Disclosure--Reporting by Air Contaminant Sources
180 Sampling and Analytical Methods/References
200 Definitions
300 Notice of Construction when Required
301 Information Required for Notice of Construction and Application
for Approval, Public Notice, Public Hearing
302 Issuance of Approval or Order
303 Notice of Completion--Notice of Violation
310 Approval to Operate Required
320 Registration Required
321 General Requirements for Registration
322 Exemptions from Registration
323 Classes of Registration
324 Fees (except for section 324.121)
325 Transfer
340 Report of Breakdown and Upset
341 Schedule Report of Shutdown or Startup
342 Operation and Maintenance
360 Testing and Sampling
365 Monitoring
366 Instrument Calibration
400 Ambient Air Standards--Forward
401 Suspended Particulate Standards (PM-10)
410 Sulfur Oxide Standards
420 Carbon Monoxide Standards
421 Nitrogen Oxide Standards
424 Ozone Standard
450 Emission Standards--Forward
451 Emission of Air Contaminant--Visual Standard
452 Motor Vehicle Visual Standards (except for section 452.5.)
455 Emission of Particulate Matter
458 Incinerators--Wood Waste Burners
460 Weight/Heat Rate Standard--Emission of Sulfur Compounds
462 Emission of Sulfur Compounds
466 Portland Cement Plants [[Page 9779]]
510 Incinerator Burning
520 Sulfur Compounds in Fuel
550 Preventing Particulate Matter from Becoming Airborne
560 Storage of Organic Liquid
580 Volatile Organic Compound Control
The following discussion highlights elements of NWAPA's rules that
EPA is approving: Section 104.1--Adoption of State Laws and Rules,
allows NWAPA to position itself as the primary enforcement agency for
the three counties under its jurisdiction. Sections 132 and 133--
Criminal Penalty and Civil Penalty, respectively, reflect changes in
Washington's Clean Air Act. Maximum fines have increased from $1,000 to
$10,000, and civil penalties have been adjusted based on the consumer
price index. Timely submittal of information on emissions is the
subject of Section 150, which states that if industries do not comply
in a timely fashion, fees will be based on potential rather than actual
emissions. Sections 300 through 310 establish a preconstruction review
program which requires the submittal of a ``Notice of Construction and
Application for Approval'' and receipt of an ``Order of Approval''
prior to the construction or modification of most air contaminant
sources. An ``Order of Approval'' will be issued after public notice
and opportunity for comment, if applicable, provided the new or
modified source complies with all applicable State and Federal
requirements. Note, however, that the NWAPA regulations do not contain
any provisions to implement the major source permitting requirements of
Title I, Part C, and Part D of the Act. There are currently no
nonattainment areas in NWAPA's jurisdiction and the WDOE implements the
Part C ``Prevention of Significant Deterioration'' permit program under
a delegation from EPA. Sections 320 through 325 require the
registration of air contaminant sources, and impose an annual
registration fee and other fees to cover the costs of regulating
sources. ``Preventing Particulate Matter from Becoming Airborne,''
Section 550, aims at preventing material from being deposited in public
roadways that may result in fugitive dust problems. Volatile organic
compounds (VOCs) are controlled by Section 580, which establishes BACT
for all new VOC sources. This section covers petroleum refineries, high
vapor pressure volatile organic compound storage tanks, gasoline
loading terminals, bulk gasoline plants, gasoline stations, cutback
asphalt paving, petroleum refinery equipment leaks, high vapor pressure
volatile organic compound storage in external floating roof tanks,
leaks from gasoline transport tanks and vapor control systems.
Finally, EPA is taking no action on the following sections which
were included in the January 10, 1994 submittal but do not relate to
the control of criteria air pollutants under section 110 of the Act.
104.2 Adoption of Federal rules
312 Environmental Policy Guidelines
324.121 Fees (operating permits)
326 Operating Permits
350 Variances
402 Particulate Fallout Standards
426 Hydrocarbons
428 Hazardous Air Pollutants
452.5 Motor vehicle standards for odor
465 Sulfuric Acid Plants
470 Fluorides
600 to 603 Objectives and Planning Criteria
In its January 10, 1994 submission, NWAPA did not submit its rules
regarding open burning (Section 501--Outdoor Burning; Section 504--
Outdoor Fires--Grass Seed Fields; Section 511--Refuse Burning
Equipment--Time Restriction) and for concealment and masking (Section
540--Emission of Air Contaminant--Concealment and Masking) for
inclusion in the SIP. Therefore, the statewide rules for open burning
and concealment and masking apply within NWAPA's jurisdiction.
III. Summary of EPA Action
In this action, EPA approves the following sections of the NWAPA
rules as revisions to the Washington SIP: 100, 101, 102, 103, 104.1,
105, 106, 110, 111, 112, 113, 114, 120, 121, 122, 123, 124, 130, 131,
132, 133, 134, 135, 140, 145, 150, 180, 200, 300, 301, 302, 303, 310,
320, 321, 322, 323, 324, 325, 340, 341, 342, 360, 365, 366, 400, 401,
410, 420, 421, 424, 450, 451, 452 (except for 452.5.), 455, 458, 460,
462, 466, 510, 520, 550, 560, and 580.
IV. Administrative Review
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, Part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-State relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 24, 1995 unless, by March 24, 1995, adverse or critical
comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective April 24, 1995.
The EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 Clean Air
Act Amendments enacted on November 15, 1990. The EPA has determined
that this action conforms with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic and
environmental factors and in relation to relevant statutory and
regulatory requirements.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The OMB has exempted this regulatory action from
E.O. 12866 review.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of [[Page 9780]] this action must be filed in the
United States Court of Appeals for the appropriate circuit by April 24,
1995. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2), 42 U.S.C. 7607(b)(2).
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation
by reference, Ozone, Volatile organic compounds.
Note: Incorporation by reference of the Implementation Plan for
the State of Washington was approved by the Director of the Office
of Federal Register on July 1, 1982.
Dated: January 9, 1995.
Chuck Clarke,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart WW--Washington
2. Section 52.2470 is amended by adding paragraph (c) (50) to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(50) By a letter dated December 29, 1993, the Director of WDOE
submitted to the Regional Administrator of EPA a revision to the
Washington SIP updating the regulations from the Northwest Air
Pollution Authority.
(i) Incorporation by reference.
(A) The December 29, 1993 letter from the Director of the
Washington State Department of Ecology submitting the Northwest Air
Pollution Authority Regulations as a revision to the Washington SIP.
(B) Regulations of the Northwest Air Pollution Authority--sections
100, 101, 102, 103, 104.1, 105, 106, 110, 111, 112, 113, 114, 120, 121,
122, 123, 124, 130, 131, 132, 133, 134, 135, 140, 145, 150, 180, 200,
300, 301, 302, 303, 310, 320, 321, 322, 323, 324, 325, 340, 341, 342,
360, 365, 366, 400, 401, 410, 420, 421, 424, 450, 451, 452 (except for
452.5.), 455, 458, 460, 462, 466, 510, 520, 550, 560, and 580,
effective on September 8, 1993.
[FR Doc. 95-3862 Filed 2-21-95; 8:45 am]
BILLING CODE 6560-50-P
