[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 NO<INF>X 
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