[Federal Register Volume 62, Number 54 (Thursday, March 20, 1997)]
[Rules and Regulations]
[Pages 13331-13332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7098]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WA59-7134a; FRL-5708-3]


 Approval and Promulgation of Implementation Plans: Washington 
State

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving in part 
several minor revisions to the State of Washington Implementation Plan 
(SIP) and, at the same time, taking no action on one section of this 
revision which is unrelated to the purpose of the SIP. Pursuant to 
section 110(a) of the Clean Air Act (CAA), the Director of the 
Washington Department of Ecology (WDOE) submitted a request to EPA 
dated August 6, 1996 to revise certain regulations of a local air 
pollution control agency, namely, the Puget Sound Air Pollution Control 
Agency (PSAPCA).

DATES: This action is effective on May 19, 1997 unless adverse or 
critical comments are received by April 21, 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. Copies of the SIP revision request and other 
information supporting this action are available for inspection during 
normal business hours at the following locations: EPA, Office of Air 
Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 98101; and 
Washington State Department of Ecology, 300 Desmond Drive, Lacey, 
Washington 98504.

FOR FURTHER INFORMATION CONTACT: Montel Livingston, Office of Air 
Quality, EPA, (206) 553-0180.

SUPPLEMENTARY INFORMATION:

I. Background

     The August 6, 1996 submittal from WDOE consisted of minor 
amendments to PSAPCA Regulations I, II, and III. No action will be 
taken on Regulation I because it is unrelated to the purpose of the SIP 
and unassociated with criteria pollutants regulated under the SIP.
    Regulation II, section 3.11, Coatings and Ink Manufacturing, is 
amended to maintain the stringency of the current standard, while 
allowing those operations consisting solely of manufacturing low vapor 
pressure coatings and inks to be exempt from regulation. Manufacturers 
of low vapor pressure coatings and inks contribute an insignificant 
quantity of air pollutants to the environment. This will have no 
adverse impact upon air quality and is approved as such. The amendments 
to Regulation II were adopted by PSAPCA on April 11, 1996 and became 
effective on May 16, 1996.
    Regulation III is being amended to provide the regulated community 
with a simpler, more concise chromium electroplating and anodizing 
regulation while incorporating the federal National Emission Standards 
for Hazardous Air Pollutants (NESHAP) requirements. This amendment 
revises the format of the emission limit regulation and specifies 
operating and maintainance procedures, monitoring, recordkeeping, and 
reporting for chromium electroplating and anodizing facilities. The 
amendments to Regulation III were adopted by PSAPCA on June 13, 1996 
and became effective on July 18, 1996.
    The PSAPCA amendments submitted by WDOE as SIP revisions are local 
air pollution regulations which are at least as stringent as the 
statewide rules of WDOE. EPA has determined that these minor SIP 
revisions comply with all applicable requirements of the Clean Air Act 
Amendments of 1990.

II. Summary of Today's Action

     EPA is, by today's action, approving the following revisions 
submitted by WDOE on August 6, 1996 as amendments to the regulations of 
PSAPCA and for inclusion into the SIP:

Regulation II, Section 3.11, Coatings and Ink Manufacturing.
Regulation III, section 3.01, Hard and Decorative Chromium 
Electroplating and Chromium Anodizing.

    EPA is taking no action on Regulation I, section 3.03, General 
Regulatory Orders, because it is unrelated to the purpose of the SIP 
and unassociated with criteria pollutants regulated under the SIP.
    The EPA is publishing this action without prior proposal because 
the Agency views this as noncontroversial amendments and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revisions 
should adverse or critical comments be filed. This action will be 
effective May 19, 1997 unless, by April 21, 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 May 19, 1997.
    Nothing in this action should be construed as permitting or 
allowing or 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.

[[Page 13332]]

III. Administrative Requirements

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 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. E.P.A., 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 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 May 19, 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, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
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.

    Dated: February 24, 1997.
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) (71) to read 
as follows:


Sec. 52.2470  Identification of plan.

* * * * *
    (c) * * *
    (71) On March 6, 1996, the Director of the Washington State 
Department of Ecology (Ecology) submitted to the Regional Administrator 
of EPA a revision to the Puget Sound Air Pollution Control Agency 
Regulations, Regulations I, II, and III.
    (i) Incorporation by reference.
    (A) Letter dated August 6, 1996 from the Department of Ecology to 
EPA revising the Puget Sound Air Pollution Control Agency Regulations; 
Regulation II Section 3.11 (Coatings and Ink Manufacturing), effective 
on May 16, 1996; and Regulation III Section 3.01 (Hard and Decorative 
Chromium Electroplating and Chromium Anodizing), effective on July 18, 
1996.

[FR Doc. 97-7098 Filed 3-19-97; 8:45 am]
BILLING CODE 6560-50-P