[Federal Register Volume 62, Number 151 (Wednesday, August 6, 1997)]
[Rules and Regulations]
[Pages 42216-42217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20664]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA61-7136, WA64-7139a; FRL-5869-8]
Approval and Promulgation of Implementation Plans: Washington
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Environmental Protection Agency (EPA) approves in part several
minor revisions to the state of Washington Implementation Plan (SIP).
Pursuant to section 110 (a) of the Clean Air Act (CAA), the Director of
the Washington Department of Ecology (WDOE) submitted two requests to
EPA dated November 25, 1996 and April 7, 1997 to revise the SIP for
certain regulations of a local air pollution control agency, the Puget
Sound Air Pollution Control Agency (PSAPCA).
DATES: This action is effective on October 6, 1997 unless adverse or
critical comments are received by September 5, 1997. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be addressed to: Ms. 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,
D.C. 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 (OAQ-107), 1200 Sixth Avenue, Seattle, Washington
98101, and WDOE, P.O. Box 47600, Olympia, Washington 98504.
FOR FURTHER INFORMATION CONTACT: Lisa Jacobsen, Office of Air Quality
(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-6917.
SUPPLEMENTARY INFORMATION:
I. Background
Two submittals from WDOE dated November 26, 1996 and April 7, 1997,
were sent to EPA and consisted of minor amendments to PSAPCA
Regulations I, II, and III.
The November 26, 1996 minor revisions were adopted by PSAPCA on
September 12, 1997 after meeting public participation requirements on
July 11, 1996 and October 10, 1996 and become state effective on
October 31, 1997.
Regulation I, section 3.11, Civil Penalties, is amended in
accordance with state law to adjust maximum penalty amounts for
inflation and section 3.23, Alternate Means of Compliance, is amended
to clarify alternate means of compliance. Sections 5.02, 5.03, 5.05,
5.07, 6.03, and 6.04 are amended to include updates reflecting state
law regarding registration and to adjust the fees covering the program
costs. A new Sec. 7.09, General Reporting Standards, adds applicable
reporting requirements to the operating permits section. Section 5.08,
Shut Down Sources; and 5.11, Registration of Oxygenated Gasoline
Blenders, were repealed because they are no longer needed. On October
11, 1996, EPA formally redesignated the Central Puget Sound CO
nonattainment area to attainment, and approved a maintenance plan which
will ensure that the Central Puget Sound area remains in attainment for
CO. The maintenance plan removes the requirement for oxygenated fuel
during the CO season but incorporates the requirement for the use of
oxygenated fuel as a contingency measure in the event of a violation of
the CO national ambient air quality standard.
Regulation II, section 2.09, the elimination of the oxygenated
gasoline contingency measure and fee schedule, was approved by EPA in
an earlier action (62 FR 23363-23365) on April 30, 1997.
Regulation III section 4.03 is amended to clarify existing language
and to increase fees to cover the costs of administering the program.
The April 7, 1997 submittal was adopted by PSAPCA after meeting
public participation requirements on December 12, 1996 and became state
effective January 15, 1997.
Regulation I, section 5.03 was amended to clarify the registration
requirements. Section 6.04 was amended for clarification of the Notice
of Construction.
Regulation III, sections 1.11, 2.01, and 2.05 were amended for
clarification of requirements when dealing with Toxic Air Contaminants.
II. Summary of Action
EPA is, by today's action, approving the following revisions
submitted by WDOE on November 26, 1996 and April 7, 1997 as amendments
to the regulations of PSAPCA and for inclusion into the SIP:
Regulation I
Section 3.11, Civil Penalties
Section 3.23, Alternate Means of Compliance
Section 5.02, Definitions and Components of Registration
Program
Section 5.03, Registration Required
Section 5.05, General Requirements for Registration
Section 5.07, Registration Fees
Section 6.03, Notice of Construction
Section 6.04, Notice of Construction Review Fees
Section 7.09, General Reporting Requirements
Regulation III
Section 1.11, Reporting Requirements
Section 2.01, Applicability
Section 2.05, Sources of Toxic Air Contaminants
EPA approves the following deletions from the SIP:
Regulation I
Section 5.08, Shut Down Sources
Section 5.11, Registration of Oxygenated Gasoline Blenders
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 October 6, 1997 unless, by September 5, 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 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 October 6, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future
[[Page 42217]]
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.
III. Administrative Requirements
A. Executive Order 12866
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 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. EPA, 427 U.S. 246, 256-66 (S.Ct. 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 promulgated 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. 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. 804(2).
E. Petitions for Judicial 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 October 6, 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, Fees,
Incorporation by reference, Reporting and recordkeeping requirements.
Dated: July 17, 1997.
Chuck 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)(73) to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(73) On November 26, 1996 and April 7, 1997, the Director of the
Washington State Department of Ecology (Washington) submitted to the
Regional Administration of EPA revisions to the State Implementation
Plan consisting of minor amendments to Puget Sound Air Pollution
Control Agency (PSAPCA) Regulations I and III.
(i) Incorporation by reference.
(A) PSAPCA Regulations approved--Regulation I, Sections 3.11, 3.23,
5.02, 5.05, 5.07, 6.03, 7.09--State-adopted 9/12/96. Regulation III,
Section 4.03--State-adopted 9/12/96. Regulation I, Sections 5.03 and
6.04--State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01, and
2.05--State-adopted 12/12/96.
[FR Doc. 97-20664 Filed 8-5-97; 8:45 am]
BILLING CODE 6560-50-P
