8624 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations

Correction of Publication

Accordingly, the publication on

December 20, 1996 (61 FR 57232, FR

Doc. 96–32369), Part 52, § 52.2037 is

being amended by correcting an error in

paragraph (f). On page 67232, in the first

column, in the second sentence of

paragraph (f) the words, ‘‘* * * 21.7

pounds of NOX per million British

thermal units (lb/MMBtu) * * *’’ are

corrected to read, ‘‘* * * 21.7 pounds

of NOX per ton of coal fired (lb/ton)

* * *’’.

Administrative Requirements

Under Executive Order 12866 (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 or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), 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 provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

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 this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping

requirements.

Dated: February 4, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 97–4661 Filed 2–25–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[WA50–7123a; FRL–5692–8]

Approval and Promulgation of

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

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
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations 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
8626 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations

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 costeffective 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:

§ 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, Stateeffective 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

40 CFR Part 180

[OPP–300454; FRL–5590–8]

RIN 2070–AC78

Spinosad; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Rule.

SUMMARY: This regulation establishes a

time-limited tolerance with an