[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21703-21706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10812]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA25-1-6520a; FRL-5190-1]
Approval and Promulgation of Implementation Plans: Washington
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: Environmental Protection Agency (EPA) is approving in part,
disapproving in part, and taking no action 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 Regulations were submitted by the
Director of the Washington State Department of Ecology (WDOE) on April
11, 1994. In accordance with Washington statutes, SWAPCA rules must be
at least as stringent as the WDOE statewide rules.
DATES: This action will be effective on July 3, 1995 unless adverse or
critical comments are received by June 2, 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 # WA25-1-6520,
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: Kelly McFadden, Air Programs Branch
(AT-082), EPA, Region 10, Seattle, Washington 98101, (206) 553-1059.
SUPPLEMENTARY INFORMATION:
I. Background
On April 11, 1994, the Director of WDOE submitted to EPA Region 10
regulations for SWAPCA affecting Clark, Cowlitz, Lewis, Skamania, and
Wahkiakum Counties. SWAPCA and WDOE held joint public hearings on June
15, 1993 and September 21, 1993, to receive public comments on the
revisions to SWAPCA's rules and the submittal to EPA as a revision to
the Washington SIP.
SWAPCA requested that the WDOE submit these additions to EPA for
incorporation into the Washington SIP.
II. Description of Plan Revisions
The SWAPCA amendments submitted by WDOE on April 11, 1994 for
inclusion into the Washington SIP are local air pollution regulations
which are at least as stringent as the statewide rules of the WDOE. EPA
is approving in part, disapproving in part, and taking no action on the
various portions of SWAPCA's submitted regulations. In this rulemaking,
EPA is approving the following sections, except as noted, adopted by
SWAPCA on September 21, 1993 under SWAPCA Regulation 400, General
Regulations for Air Pollution Sources, as a revision to the Washington
SIP:
400-010 Policy and Purpose
400-020 Applicability
400-030 Definitions, except the second sentences of (14) and (43)
400-040 General Standards for Maximum Emissions, except (1) (c) and
(d), (2), (4), and the exception provision of (6)(a)
400-050 Emission Standards for Maximum Emissions, except the exception
provision in (3)
400-052 Stack Sampling of Major Combustion Sources
400-060 Emission Standards for General Process Units
400-070 Emission Standards for Certain Source Categories, except (7)
400-081 Startup and Shutdown
400-090 Voluntary Limits on Emissions
400-100 Registration and Operating Permits, except the first sentence
of (3) (a)(iv), (a)(v) and (5)
400-101 Sources Exempt From Registration Requirements
400-105 Records, Monitoring and Reporting
400-107 Excess Emissions
400-110 New Source Review
400-112 Requirements for New Sources in Nonattainment Area
400-113 Requirements for New Sources in Attainment or Nonclassifiable
Areas
[[Page 21704]]
400-114 Requirements for Replacement or Substantial Alteration of
Emission Control Technology at an Existing Stationary Source
400-151 Retrofit Requirements for Visibility Protection
400-161 Compliance Schedules
400-171 Public Involvement
400-190 Requirements for Nonattainment Areas
400-200 Creditable Stack Height and Dispersion Techniques
400-205 Adjustment for Atmospheric Conditions
400-210 Emission Requirements of Prior Jurisdiction
400-220 Requirements for Board Members
400-230 Regulatory Actions
400-240 Criminal Penalties
400-250 Appeals
400-260 Conflict of Interest
The following discussion of sections in SWAPCA Regulation 400,
explains which sections EPA is approving, disapproving, or taking no
action on. The following actions are being approved unless exceptions
are noted:
Section 010--Policy and Purpose, explains SWAPCA's goals and
policies. Section 020--Applicability, explains over what sources and
area SWAPCA's regulations apply. EPA finds that Section 030--
Definitions, are consistent with the requirements of 40 CFR Part 51,
Subpart I, however the second sentences of definitions (14) Class I
area and (43) Mandatory Class I 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. Section 030 Definition (78) SIP shall be
approved as its changed to read ``* * * and approved by EPA'' rather
than ``* * * and submitted to EPA for approval''. Section 040--General
Standards for Maximum Emissions, details the maximum emissions allowed
within SWAPCA's jurisdiction for those emission units emitting criteria
pollutants and that are not more specifically controlled by SWAPCA
Sections 050 through 075. Section 040(1) (c) and (d) are being
disapproved due to their allowance for the establishment of alternative
opacity limits. EPA is also disapproving the exception provision of
Section 040(6)(a) which provides an exception to the sulfur dioxide
emission limitation. EPA is taking no action on Section 040(2) Fallout
and Section 40(4) Odors as these provisions are not related to the
criteria pollutants regulated under the SIP. Section 050--Emission
Standards for Combustion and Incineration Units, contains more specific
requirements than Section 040, and is included for those emission units
that incinerate or combust as part of their operation process, but the
exception provision in paragraph (3) allows for the establishment of an
alternative oxygen correction factor for combustion and incineration
sources and is therefore being disapproved. Section 052--Stack Sampling
of Major Combustion Sources, contains requirements for particular
sources to monitor or conduct emissions testing in order to prove
compliance for their applicable pollutants. Section 060--Emission
Standards for General Process Units, explains the maximum particulate
matter permitted for those process units not specifically covered in
SWAPCA Sections 050 through 075 and references the procedures that may
be used to determine source compliance. EPA is approving Section 070--
Emission Standards for Certain Source Categories except for subsection
(7)--Sulfuric Acid Plants, where no action is taken as it is not
related to the criteria pollutants regulated under the SIP. No action
is being taken on Section 075--Emission Standard for Sources Emitting
Hazardous Air Pollutants because it has no relation to the criteria
pollutants that are regulated under the SIP. Section 081--Startup and
Shutdown, establishes a requirement that State and local air pollution
control authorities consider any physical constraints on the ability of
a source to comply with a standard whenever an authority promulgates a
technology-based emission standard or makes a control technology
determination. Where the authority determines that the source is not
capable of achieving continuous compliance with a standard during
startup or shutdown, the authority shall establish appropriate
limitations to regulate the performance of the source during startup or
shutdown conditions. Section 090--Voluntary Limits on Emissions,
provides a mechanism for the owner or operator of a source to apply
for, and obtain, enforceable conditions that limit the source's
potential to emit. Section 100--Registration and Operating Permits,
explains those sources that need to register with SWAPCA for operation.
The portions that are not being acted on eliminate the requirement for
operating program sources to pay a fee due to EPA's approval of
SWAPCA's Operating Permit Program. Section 101--Sources Exempt From
Registration Requirements, lists the emissions units that are exempt
from registration with the Authority and the requirement to maintain
sufficient documentation to prove such. Section 105--Records,
Monitoring and Reporting, explains the steps that notified sources must
follow in order to comply with the applicable emission limitations and
control measures required by SWAPCA. Section 107--Excess Emission,
establishes requirements for reporting periods of excess emissions and
the procedures and criteria for determining, in the context of an
enforcement action, when such excess emissions are unavoidable and
could therefore be excused and not subject to penalty. Section 110--New
Source Review, includes the procedures for submittal of applications,
making completeness determinations and final determinations, and
appeals of orders of approval. Section 112--Requirements for New
Sources in Nonattainment Areas, specifies the requirements for new and
modified major and minor stationary sources proposing to locate in
designated nonattainment areas. Section 113--Requirements for New
Sources in Attainment or Nonclassifiable Areas, specifies the
requirements for new and modified major and minor stationary sources
located in attainment areas. Section 114--Requirements for Replacement
or Substantial Alteration of Emission Control Technology at an Existing
Stationary Source, explains the procedure that is to be followed when
replacing or altering the emission control technology on an existing
stationary source. EPA is taking no action on Section 115--Standards of
Performance for New Sources, as this provision is not related to the
criteria pollutants regulated under the SIP. EPA is disapproving the
following: Section 120 Bubble Rules, Section 130 Acquisition and Use of
Emission Reduction Credits, Section 131 Issuance of Emission Reduction
Credits, and Section 136 Use of Emission Reduction Credits; as these
regulations do not comply with the requirements of EPA's Final
Emissions Trading Policy Statement (51 FR 43814) for source-specific
alternative emission limits (bubbles) and creditable emission
reductions for new source permitting. Section 141--Prevention of
Significant Deterioration (PSD) is being disapproved as it does not
meet the requirements of 40 CFR 51.166. Section 151--Retrofit
Requirements for Visibility Protection, requires sources that may cause
or contribute to impairment of visibility by emitting more than 250
tons/yr of any contaminant and affecting any mandatory Class I area to
apply technology to reduce that impairment. Section 161--Compliance
Schedules, allows SWAPCA to issue a schedule to sources violating an
emission standard, [[Page 21705]] or another provision of regulation
400, which will bring the source into compliance within a specified
period of time. Section 171--Public Involvement, lists which types of
application or other actions require public notice, and what
constitutes public notice. The inclusion of Section 172--Technical
Advisory Council, is not a requirement of the Clean Air Act, and does
not directly apply to the regulation of the criteria pollutants, and
thus is not being acted for inclusion into the SIP. Section 180--
Variance, is being disapproved because it allows SWAPCA to grant a
variance to the requirements governing the quality, nature, duration,
or extent of discharges of air contaminants. Section 190--Requirements
for Nonattainment Areas, requires consultation with local government
and public involvement. Section 200--Credible Stack Height and
Dispersion Techniques, explains how to determine a source's credible
stack height. Section 205--Adjustment for Atmospheric Conditions,
prohibits varying the emissions rate in response to the varying
atmospheric conditions. Section 210--Emission Requirements of Prior
Jurisdictions, requires that the more stringent standards apply when
jurisdiction is transferred. Section 220--Requirements for Board
Members, prohibits Board members from administering enforcement
programs in which a significant portion of their income is derived.
Section 230--Regulatory Actions, explains the enforcement actions to be
taken by SWAPCA when its regulations have not been followed. Section
240--Criminal Penalties, subjects violators of SWAPCA's regulations to
the provisions of RCW 70.94.430. Section 250--Appeals, explains who
appeals may be made to and under what circumstances. Section 260--
Conflict of Interest, explains that all board members and officials
that vote on air pollution sources must comply with the Federal Clean
Air Act.
SWAPCA's regulations are similar to the state of Washington's WAC
173-400, and therefore if a more detailed explanation of the approvals/
disapprovals is wanted, one should refer to the January 15, 1993 (58 FR
4578) Federal Register notice.
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) and (43);
040 except (1)(c) and (1)(d) (2) (4) and the exception provision of
(6)(a); 050 except the exception provision of (3); 052; 060; 070 except
(7); 081; 090; 100 except the first sentence of (3)(a)(iv) and (5);
101; 105; 107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210;
220; 230; 240; 250; and 260.
EPA is disapproving the following sections: 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 (43); 040(2); 040(4); 070(7); 075; the first
sentence of 100(3)(a)(iv); 100(3)(a)(v); 100(5); 115; and 172.
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 July 3, 1995 unless, by June 2, 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 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 July 3, 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 2 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 this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 3, 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
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, 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.
[[Page 21706]] Dated: March 30, 1995.
Chuck Clarke,
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)(51) to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(51) On April 11, 1994 the Washington Department of Ecology (WDOE)
submitted the Southwest Air Pollution Control Authority (SWAPCA) 400
General Regulations for Air Pollution Sources as a revision to the
Washington State Implementation Plan (SIP).
(i) Incorporation by reference.
(A) April 11, 1994 letter from the Director of WDOE to EPA Region
10 submitting the Southwest Air Pollution Control Authority SWAPCA 400
Regulation, General Regulations for Air Pollution Sources.
(B) Regulations of the Southwest Air Pollution Control Authority--
Sections 010; 020; 030 except the second sentences of (14) and (43);
040 except (1)(c) and (1)(d) (2) (4) and the exception provision of
(6)(a); 050 except the exception provision of (3); 052; 060; 070 except
(7); 081; 090; 100 except the first sentence of (3)(a)(iv) and (5);
101; 105; 107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210;
220; 230; 240; 250; and 260, effective on November 8, 1993.
[FR Doc. 95-10812 Filed 5-2-95; 8:45 am]
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