[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Rules and Regulations]
[Pages 8624-8626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4659]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA50-7123a; FRL-5692-8]
Approval and Promulgation of Implementation Plans: Washington
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving in
part, and disapproving in part, and taking no action in part on the
Regulations of the Southwest Air Pollution Control Authority (SWAPCA)
for the control of air pollution in Clark, Cowlitz, Lewis, Skamania and
Wahkiakum Counties, Washington, as revisions to the Washington State
Implementation Plan (SIP). These revisions pertain to General
Regulations for Air Pollution Sources administered by SWAPCA. These
revisions were submitted to EPA by the Director of the Washington
Department of Ecology (WDOE) on January 24, 1996. In accordance with
Washington statutes, SWAPCA rules must be at least as stringent as the
WDOE statewide rules.
DATES: This action is effective on April 28, 1997, unless adverse or
critical comments are received by March 28, 1997. 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, Office of Air Quality (OAQ-107), EPA, 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, Environmental Protection Agency, 401 M Street, SW., Washington,
DC 20460. Copies of material submitted to EPA may be examined during
normal business hours at the following locations: EPA, Region 10,
Office of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, Washington
98101; and, the State of Washington, Department of Ecology, 4550 Third
Avenue SE, Lacey, Washington 98504.
FOR FURTHER INFORMATION CONTACT: Wayne Elson, Office of Air Quality
(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-1463.
SUPPLEMENTARY INFORMATION:
I. Background
SWAPCA amended Chapter 400 of its rules on September 21, 1995. The
WDOE, on behalf of the Governor, submitted the amended regulations to
EPA on January 24, 1996, as a revision to the Washington SIP. The
amended regulations pertain to General and Operating Permit Regulations
for Air Pollution Sources administered by SWAPCA, and adopt by
reference various other State regulations. Some of the regulations
adopted by reference have been the subject of previous EPA actions on
the SIP.
II. This Action
The State of Washington's January 24, 1996, request for SIP
revision includes regulations contained in Chapter 400 of SWAPCA's
rules. Certain of these regulations are amendments to those currently
contained in the SIP; others are entirely new additions.
A. Unchanged
EPA approves SWAPCA 400-052, -151, -161, -190, -205, -210, -220, -
240, and -260 regulations currently in the SIP, and unchanged by the
January 24, 1996, revisions.
B. Modifications
EPA approves the modifications and/or additions to the SWAPCA 400-
010, -020, -030, -040, -050, -060, -070, -074, -075, -076, -081, -091,
-100, -101, -105, -107, -109, -110, -112, -113, -114, -115, -171, -172,
-200, -230, -250, -270, and -280 regulations currently in the SIP.
Subsections of these regulations that EPA takes no action on are noted.
Some are editorial changes which are housekeeping in nature. Most of
those subsections EPA also took no action in May 3, 1995 (60 FR 21703).
These minor changes are not substantial and provide technical or
administrative clarification. The language in twelve of these
regulations has been modified only slightly from that used in versions
currently in the approved SIP. They include: 400-010 Policy and
Purpose, 400-020 Applicability, 400-060 Emission Standards for General
Process Units, 400-081 Startup and Shutdown, 400-091 Voluntary Limits
on Emissions, 400-107 Excess Emissions, 400-112 Requirements for New
Sources in Nonattainment Areas, 400-113 Requirements for New Sources in
Attainment or Nonclassifiable Areas, 400-114 Requirements for
Replacement or Substantial Alteration of Emission Control Technology at
an Existing Stationary Source, 400-171 Public Involvement, 400-200
Creditable Stack Height and Dispersion Techniques, and 400-250 Appeals.
The remaining changed regulations are described as follows. In 400-
030, a definition (15) ``closure'' or stopping all processes at a
facility is added. In 400-030, the second sentence of definitions (14)
``Class I area'' and (45) ``Mandatory
[[Page 8625]]
Class I Federal area'' are not being acted on as they may create a
future conflict if a SWAPCA source is found to affect a Class I area
that is not listed. In 400-030, a definition for (37) ``good
agricultural practices'' is added. In 400-030, a definition for (86)
``upgraded gasoline dispensing facilities'' is added. EPA is taking no
action on 400-040(2) Fallout and 400-040(4) Odors as these provisions
are not related to the criteria pollutants regulated under the SIP. In
400-070, Emission Standards for Certain Source Categories, no action is
taken on (5) Sulfuric Acid Plants, as it is not related to the criteria
pollutants regulated under the SIP. Grain elevators and other wood
waste burners source categories are deleted, (6) gasoline dispensing
facilities and (7) abrasive blasting are added. In 400-074, Gasoline
Transport Tankers, a new section is added requiring registration of
owner or operator of gasoline transport tanker, gasoline loading
facility or petroleum product transport tanker doing business in SWAPCA
jurisdiction. In 400-075, Emission Standards for Sources Emitting
Hazardous Air Pollutants, no action is being taken on the whole section
because it has no relation to the criteria pollutants that are
regulated under the SIP. In 400-076, Emissions Standards for Sources
Emitting Toxic Air Pollutants, no action is being taken on this section
because it has no relation to the criteria pollutants that are
regulated under the SIP. In 400-100, Registration and Operating
Permits, new registration requirements and inspections are added to
this section. In 400-101, Sources Exempt from Registration
Requirements, is revised to include further exemption categories and
elaborates on others. In 400-105, Records, Monitoring and Reporting, no
action is taken on additional emission inventory reporting requirements
for sources that include toxic or hazardous air pollutants because it
has no relation to the criteria pollutants that are regulated under the
SIP. Inventory requirements are added for high VOC and NOX
emissions in ozone nonattainment areas. In 400-109, Notice of
Construction Application, new section is added specifying conditions
and applicability for filing applications for new sources. Subsection
(3) lists nine activities that apply to Notice of Construction. Four of
the activities are recognized as federally enforceable. They are as
follows: (a) New construction or installation (d) Modification,
alteration or replacement of existing process or control equipment (e)
Change of registered owner (purchase or sale of source, facility or
equipment) and (f) Change of location of operations of existing
portable and stationary equipment. EPA takes no action on the remaining
activities: (b) Change of existing approved emission limits (including
Title V opt-out requests, (c) Review of existing or installed equipment
operating without prior approval, (g) Review of existing equipment with
an expired or lapsed approval or registration, (h) Review of a case-by-
case RACT, BACT, MACT or other similar determination, and (i) Other
activities as identified by the Authority. These activities would need
source specific SIP revisions to change SIP requirements. 400-110 New
Source Review, elaborates on applicability and clarifies and adjusts
fee structure. Subsections are added to describe those conditions where
a New Source Review is not required. Emission standards table added for
technical clarification. Subsection (8) is added describing when
Temporary, Emergency, or Substitution Sources, would come under new
source requirements. Subsection (9) is added requiring new or upgraded
Gasoline Dispensing Facilities to submit a Notice of Construction. In
400-115, Standards of Performance for New Sources, EPA is taking no
action on this section as this provision is not related to the criteria
pollutants regulated under the SIP. 400-172, Technical Advisory Council
is not a requirement of the Clean Air Act (CAA), and does not directly
apply to the regulation of the criteria pollutants, and thus is not
being acted for inclusion into the SIP. 400-230 Regulatory Actions &
Civil Penalties is expanded to identify and describe the process for
each of the common types of regulatory orders issued by SWAPCA. 400-270
Confidentiality of Records and Information is a new section on
confidentiality of records submitted to SWAPCA. 400-280 Powers of
Authority describes statutory authority of SWAPCA as it exists in RCW
70.94.
C. Disapprovals
EPA already acted to disapprove a number of sections of the SWAPCA
rules on May 3, 1995 (80 FR 21703), but notes that these disapproved
sections are still included in WDOE SIP revisions that were submitted
to EPA, with minor revisions. EPA still considers its disapproval of
these sections to be in effect, and by this action is again
disapproving the following sections: 400-040(1) (c) and (d) and 400-
040(6)(a) Standards for Maximum Emissions; 400-050 Emission Standards
for Combustion and Incineration Units, the exception provision in
paragraph (3); 400-120 Bubble Rules; 400-130 Acquisition and Use of
Emission Reduction Credits; 400-131 Issuance of Emission Reduction
Credits; 400-136 Use of Emission Reduction Credits. 400-141 Prevention
of Significant Deterioration (PSD); and 400-180 Variance. The only
disapproval in addition to those sections disapproved on May 3, 1995
(80 FR 21703) is 400-030 Definition (80) SIP. A SIP is defined upon
approval by EPA, not when it is submitted to EPA for approval as
stated.
III. Summary of EPA Action
EPA is approving the following sections, with the following
exceptions, of SWAPCA 400--General Regulation for Air Pollution
Sources: 010; 020; 030 except the second sentences of (14), (45) and
(80); 040 except (1)(c), (1)(d), (2), (4) and the exception provision
of (6)(a); 050 except the exception provision of (3); 052; 060; 070
except (5); 074; 081; 091; 100 except the first sentence of (3)(a)(iv)
and (4); 101; 105; 107; 109 except for (3)(b), (3)(c), (3)(g), (3)(h),
and (3)(i), 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 220;
230; 240; 250; 260; 270; and 280.
EPA is disapproving the following sections: 400-030 (80); 040(1)
(c) and (d); the exception provision of 040(6)(a); the exception
provision in 050(3); 120; 130; 131; 136; 141; and 180. EPA is taking no
action on the following sections: the second sentence of 030 (14), and
(45); 040(2); 040(4); 070(5); 075; 076; the first sentence of
100(3)(a)(iv); 100(4); 109 (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i);
115; and 172.
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 28, 1997 unless, by March 28, 1997, 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 notice 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 28, 1997.
Nothing in this action should be construed as permitting or
allowing or
[[Page 8626]]
establishing a precedent for any future request for revision to any
state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
IV. Administrative Review
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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 sections 110 and 301, 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 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. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.
7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. section 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 28, 1997. 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
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 14, 1997.
Charles Findley,
Acting Regional Administrator.
Part 52, 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. 7401-7671q.
Subpart WW--Washington
2. Section 52.2470 is amended by adding paragraph (c)(70) to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(70) On January 24, 1996 the Director of WDOE submitted to the
Regional Administrator of EPA regulations of the SWAPCA for the control
of air pollution in Clark, Cowlitz, Lewis, Skamania and Wahkiakum
Counties, Washington (SWAPCA 400--General Regulation for Air Pollution
Sources).
(i) Incorporation by reference.
(A) The January 24, 1996, letter from WDOE to EPA submitting
requests for revisions to the Washington SIP to include regulations of
the SWAPCA for the control air of pollution in Clark, Cowlitz, Lewis,
Skamania and Wahkiakum Counties, Washington, as revisions to the
Washington SIP, State-effective September 21, 1995. EPA is approving
the following sections of SWAPCA 400--General Regulation for Air
Pollution Sources: 010; 020; 030 except the second sentence of (14),
(45) and (80); 040 except (1)(c), (1)(d), (2), (4) and (6)(a); 050
except the exception provision of (3); 052; 060; 070 except (5); 074;
081; 091; 100 except the first sentence of (3)(a)(iv) and (4); 101;
105; 107; 109 except for (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i),
110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 220; 230; 240;
250; 260; 270; and 280.
[FR Doc. 97-4659 Filed 2-25-97; 8:45 am]
BILLING CODE 6560-50-P
