[Federal Register Volume 64, Number 77 (Thursday, April 22, 1999)]
[Rules and Regulations]
[Pages 19719-19722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9606]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-6326-2]
Approval of the Clean Air Act, Section 112(l), Delegation of
Authority to Puget Sound Air Pollution Control Agency in Washington;
Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Delegation of authority; amendment.
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SUMMARY: This action provides an amendment to a direct final Federal
Register action published on December
[[Page 19720]]
1, 1998 (see 63 FR 66054), that granted Clean Air Act, section 112(l),
delegation of authority for three local air agencies in Washington,
including Puget Sound Air Pollution Control Agency (PSAPCA), to
implement and enforce specific 40 CFR parts 61 and 63 federal National
Emission Standards for the Hazardous Air Pollutants (NESHAP)
regulations which have been adopted into local law. This action amends
40 CFR 63.99 by revising the table outlining PSAPCA's current
delegation status.
DATES: This amendment is effective on April 22, 1999.
ADDRESSES: Copies of the requests for delegation and other supporting
documentation are available for public inspection at the following
location: U.S. Environmental Protection Agency, Region X, Office of Air
Quality (OAQ-107), 1200 Sixth Avenue, Seattle, WA, 98101.
FOR FURTHER INFORMATION CONTACT: Andrea Wullenweber, US EPA, Region X
(OAQ-107), 1200 Sixth Avenue, Seattle, WA, 98101, (206) 553-8760.
SUPPLEMENTARY INFORMATION:
I Administrative Requirements
Under Executive Order (E.O.) 12866, Regulatory Planning and Review
(58 FR 51735, October 4, 1993), this action is not a ``significant
regulatory action'' and is therefore, not subject to review by the
Office of Management and Budget. In addition, this action does not
impose any enforceable duty, contain any unfunded mandate, or impose
any significant or unique impact on small governments as described in
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule
also does not require prior consultation with State, local, and tribal
government officials as specified by Executive Order 12875 (58 FR
58093, October 28, 1993) or Executive Order 13084 (63 FR 27655, May 10,
1998), or involve special consideration of environmental justice
related issues as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). Because this action is not subject to notice-and-
comment requirements under the Administrative Procedure Act or any
other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This rule also is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), entitled ``Protection of Children from Environmental
Health Risks and Safety Risks,'' because EPA interprets E.O. 13045 as
applying only to those regulatory actions that are based on health or
safety risks, such that the analysis required under section 5-501 of
the Order has the potential to influence the regulation. This rule is
not subject to E.O. 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
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 June 21, 1999. 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)).
II Clarification
On December 1, 1998, EPA promulgated direct final approval of the
Washington Department of Ecology (Ecology) request, on behalf of the
Puget Sound Air Pollution Control Agency (PSAPCA), for program approval
and delegation of authority to implement and enforce specific 40 CFR
parts 61 and 63 federal NESHAP regulations which have been adopted into
local law (as apply to both part 70 and non-part 70 sources). Since the
February 1, 1999, effective date of that program approval and
delegation of authority, Ecology has submitted an updated delegation
request on behalf of PSAPCA. In a letter dated March 1, 1999, Ecology
requested updated delegation for PSAPCA to implement and enforce
specific 40 CFR part 63 National Emission Standards for Hazardous Air
Pollutants (NESHAPs) in effect as of July 1, 1998, as these new and
revised standards have been adopted unchanged into PSAPCA Regulation
III, section 2.02 (as amended on September 10, 1998). Consistent with
RCW 70.94.860 and the approved mechanism for streamlined delegation
(see page 66057, 63 FR 66054, December 1, 1998), EPA granted this
updated delegation request to Ecology for purposes of redelegating to
PSAPCA in a letter to Ecology dated March 19, 1999. The effective date
of that letter and the updated delegation was March 29, 1999.
Therefore, PSAPCA now has the authority to implement and enforce 40
CFR part 63 NESHAPs in effect as of July 1, 1998. This update includes
any revisions to previously delegated 40 CFR part 63 standards, and the
following new NESHAPs: Subpart S (Pulp & Paper), Subpart LL (Primary
Aluminum), and Subpart EEE (Hazardous Waste Combustors).
PSAPCA is now the primary point of contact with respect to these
delegated NESHAPs. Pursuant to 40 CFR 63.9(a)(4)(ii) and
63.10(a)(4)(ii), EPA waived the requirement that notifications and
reports for delegated standards be submitted to EPA in addition to
PSAPCA. Therefore, sources within PSAPCA's jurisdiction should send
notification and reports for delegated NESHAPs to PSAPCA, and do not
need to send a copy to EPA.
This updated delegation for PSAPCA to implement and enforce NESHAPs
does not extend to sources or activities located in Indian country, as
defined in 18 U.S.C. 1151, except for those non-trust lands within the
boundaries of the Puyallup Indian Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe of Indians Settlement Act of
1989, 25 U.S.C. 1773, Congress explicitly provided state and local
agencies, such as PSAPCA, authority over activities on non-trust lands
within the 1873 Survey Area. Therefore, PSAPCA will implement and
enforce the NESHAPs on these non-trust lands within the 1873 Survey
Area. EPA will continue to implement the NESHAPs in all other Indian
country, consistent with previous federal program approvals or
delegations, because PSAPCA does not have authority over sources and
activities located within the exterior boundaries of Indian
reservations and other areas in Indian country.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: April 8, 1999.
Chuck Clarke,
Regional Administrator, Region X.
40 CFR Part 63 is amended as follows:
[[Page 19721]]
PART 63--[AMENDED]
1. The authority citation for Part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
2. Section 63.99 is amended by revising the table in paragraph (a)
(47)(i) to read as follows:
Sec. 63.99 Delegated Federal Authorities
(a) * * *
(47) * * *
(i) * * *
Delegation Status for Part 63 standards--Washington
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Subpart Ecology BCAA \2\ NWAPA \3\ OAPCA \4\ PSAPCA \5\ SCAPCA \6\ SWAPCA \7\ YRCAA \8\
--------------------------------------------------------------\1\---------------------------------------------------------------------------------------
A......................... General Provisions \9\...... X X X
D......................... Early Reductions............ X X X
F......................... HON-SOCMI................... X X X
G......................... HON-Process Vents........... X X X
H......................... HON-Equipment Leaks......... X X X
I......................... HON-Negotiated Leaks........ X X X
L......................... Coke Oven Batteries......... X X X
M......................... Perc Dry Cleaning........... X X X
N......................... Chromium Electroplating..... X X X
O......................... Ethylene Oxide Sterilizers.. X X X
Q......................... Industrial Process Cooling X X X
Towers.
R......................... Gasoline Distribution....... X X X
S......................... Pulp and Paper.............. X
T......................... Halogenated Solvent Cleaning X X X
U......................... Polymers and Resins I....... X X
W......................... Polymers and Resins II-Epoxy X X X
X......................... Secondary Lead Smelting..... X X X
Y......................... Marine Tank Vessel Loading.. X X X
CC........................ Petroleum Refineries........ X X X
DD........................ Off-Site Waste and Recovery. X X X
EE........................ Magnetic Tape Manufacturing. X X X
GG........................ Aerospace Manufacturing & X X X
Rework.
II........................ Shipbuilding and Ship Repair X X X
JJ........................ Wood Furniture Manufacturing X X X
Operations.
KK........................ Printing and Publishing X X X
Industry.
LL........................ Primary Aluminum............ X
OO........................ Tanks--Level 1.............. X X
PP........................ Containers.................. X X
QQ........................ Surface Impoundments........ X X
RR........................ Individual Drain Systems.... X X
VV........................ Oil-Water Separators and X X
Organic-Water Separators.
EEE....................... Hazardous Waste Combustors.. X
JJJ....................... Polymers and Resins IV...... X X X
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\1\ Washington Department of Ecology
\2\ Benton Clean Air Authority
\3\ Northwest Air Pollution Authority (5/14/98)
\4\ Olympic Air Pollution Control Authority
\5\ Puget Sound Air Pollution Control Agency (7/1/98)
\6\ Spokane County Air Pollution Control Authority
\7\ Southwest Air Pollution Control Authority (8/1/96)
\8\ Yakima Regional Clean Air Authority
\9\ Authorities which are not delegated include: 40 CFR 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test methods;
63.8(f) for approval of major alternatives to monitoring; 63.10(f); and all authorities identified in the subparts (i.e., under ``Delegation of
Authority'') that cannot be delegated. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see memorandum
from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, ``Delegation of 40 CFR Part 63 General Provisions
Authorities to State and Local Air Pollution Control Agencies.''
[[Page 19722]]
Note to paragraph (a)(47): Dates in parenthesis indicate the
effective date of the federal rules that have been adopted by and
delegated to the state or local air pollution control agency.
Therefore, any amendments made to these delegated rules after this
effective date are not delegated to the agency.
[FR Doc. 99-9606 Filed 4-21-99; 8:45 am]
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