Approval and Promulgation of Emission Statement Implementation Plan; Washington State

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA17-1-5867a and WA16-1-5866a; FRL-5065-3]

Approval and Promulgation of Emission Statement Implementation

Plan; Washington State

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the

State Implementation Plan (SIP) submitted by the State of Washington

for the purpose of implementing an emission statement program for

stationary sources within the Vancouver Air Quality Maintenance Area

and the Central Puget Sound Ozone Nonattainment Area. The

implementation plan was submitted by the State to satisfy the Federal

requirements for an emission statement program as part of the SIP for

Washington State.

DATES: This final rule will be effective on November 14, 1994 unless

adverse or critical comments are received by October 12, 1994. 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, EPA, Region 10, Air Programs Development Section (AT-082),

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, DC 20460. Copies of

material submitted to EPA may be examined during normal business hours

at the following locations: EPA, Region 10, Air Programs Development

Section, 1200 Sixth Avenue, Seattle, Washington 98101, and the

Washington State Department of Ecology, 300 Desmond Drive, Olympia,

Washington 98504.

FOR FURTHER INFORMATION CONTACT: Stephanie Cooper, EPA, Region 10, Air

Programs Development Section (AT-082), Seattle, Washington 98101, (206)

553-6917.

SUPPLEMENTARY INFORMATION:

I. Background

The air quality planning and SIP requirements for ozone

nonattainment and transport areas are set out in subparts I and II of

part D of title I of the Clean Air Act, as amended by the Clean Air Act

Amendments of 1990 (CAA or ``the Act''). EPA has published a ``General

Preamble'' describing EPA's preliminary views on how EPA intends to

review SIPs and SIP revisions submitted under title I of the CAA,

including those State submittals for ozone transport areas within the

States (see 57 FR 13498 (April 16, 1992) (``SIP: General Preamble for

the Implementation of Title I of the Clean Air Act Amendments of

1990''), 57 FR 18070 (April 28, 1992) (``Appendices to the General

Preamble''), and 57 FR 55620 (November 25, 1992) (``SIP: NOx

Supplement to the General Preamble'')).

EPA has also issued a draft guidance document describing the

requirements for the emission statement programs discussed in this

document, entitled ``Guidance on the Implementation of an Emission

Statement Program'' (July, 1992). The Agency is also conducting a

rulemaking process to modify part 40 of the CFR to reflect the

requirements of the emission statement program.

Section 182 of the Act sets out a graduated control program for

ozone nonattainment areas. Section 182(a) sets out requirements

applicable in marginal nonattainment areas, which are also made

applicable in subsections (b), (c), (d), and (e) to all other ozone

nonattainment areas. Among the requirements in section 182(a) is a

program in paragraph (3) of that subsection for stationary sources to

prepare and submit to the State each year emission statements showing

actual emissions of volatile organic compounds (VOC) and nitrogen

oxides (NOx). This paragraph provides that the States are to

submit a revision to their SIPs by November 15, 1992 establishing this

emission statement program.

The CAA requires facilities to submit the first emission statement

to the State within three years after November 15, 1990, and annually

thereafter. EPA requests that the States submit the emission data to

EPA through the Aerometric Information Retrieval System (AIRS). The

minimum emission statement data should include: certification of data

accuracy; source identification information; operating schedule;

emissions information (to include annual and typical ozone season day

emissions); control equipment information; and process data. EPA

developed emission statements data elements to be consistent with other

source and State reporting requirements. This consistency is essential

to assist States with quality assurance for emission estimates and to

facilitate consolidation of all EPA reporting requirements.

In addition to the submission of the emission statement data to

AIRS, States should provide EPA with a status report that outlines the

degree of compliance with the emissions statement program. Beginning

July 1, 1993, States should report quarterly to EPA the total number of

sources affected by the emission statement provisions, the number that

have complied with the provisions, and the number that have not. This

status report should also include the total annual and typical ozone

season day emissions from all reporting sources, both corrected and

non-corrected for rule-effectiveness (RE). States should include in

their status report a list of sources that are delinquent in submitting

their emission statement and that emit 500 tons per year (tpy) or more

of VOC or 2500 tpy or more of NOx. This report should be a

quarterly submittal until all the regulated sources have complied for

the reporting year. Suggested submittal dates for the quarterly status

reports are July 1, October 1, January 1, and April 1.

II. Analysis of State Submission

There are several key general and specific components of an

acceptable emission statement program. Specifically, the State must

submit a revision to its SIP and the emission statement program must

meet the minimum requirements for reporting by the sources and the

State. In general, the program must include, at a minimum, provisions

for applicability, definitions, compliance, and specific source

requirements detailed below.

A. Procedural Background

The Act requires States to observe certain procedural requirements

in developing its SIP, of which the emission statement program will

become a part. Sections 110(a)(l) and 110(a)(2) of the Act provide that

each implementation plan submitted by a State must be adopted after

reasonable notice and public hearing.

The State of Washington held a public hearing on January 5, 1993 in

Vancouver, and January 6, 1993 in SeaTac to solicit public comment on

the implementation plan for the Vancouver Air Quality Maintenance Area

and the Central Puget Sound Ozone Nonattainment Areas, respectively.

Following the public hearing, the plan was signed by the Director of

the Washington State Department of Ecology (the Governor's designee) on

January 22, 1993. EPA received an official revision to the SIP on

January 28, 1993 which supersedes the SIP submittal of November 16,

1992. Additionally, replacement pages were submitted July 5, 1994 to

clarify which sources are subject to the emission statement program.

The SIP revision was reviewed by EPA to determine completeness

shortly after its submittal, in accordance with the completeness the

criteria set out at 40 CFR part 51, appendix V (1991), as amended by 57

FR 42216 (August 26, 1991). A letter dated April 8, 1993 was forwarded

to the Governor indicating the completeness of the submittal and the

next steps to be taken in the review process. In today's action, EPA

approves Washington's emission statement program SIP submittal and

invites public comment on the action.

B. Components of Emission Statement Program

1. Program Elements

Washington's emission statement program includes provisions

covering applicability of the regulations, definitions for key terms

used in the regulations, a compliance schedule for sources covered by

the regulations, and the specific reporting requirements for sources.

Under Washington State law, the Revised Code of Washington (RCW)

sections 70.94.141 and 70.94.331 authorize Ecology and local

authorities to ``require access to records, books, files, and other

information specific to the control, recovery, or release of air

contaminants into the atmosphere.'' The Washington Administrative Code

(WAC) 173-400-105 states that ``the owner or operator of a source shall

upon notification by the director of Ecology, maintain records ...

deemed necessary to determine whether the source is in compliance with

applicable emission limitations and control measures.''

2. Reporting Requirements for Sources

In accordance with the Act, Washington's emission statement program

requires sources to submit certification that the information is

accurate to the best knowledge of the individual certifying the

statement, source identification information, operating information,

process rate data, control equipment information, and emissions

information.

3. Reporting Requirements for State

Washington's emission statement program includes a provision for

the State to provide the identifying information for the sources

covered by the emission statement program, the value for rule

effectiveness utilized by the State in its SIP calculations, the source

data elements entered into AIRS, and quarterly emission statement

status reports. The quarterly reports should show the total number of

facilities that met the State's emission statements program

requirements and the number of facilities that failed to meet the

requirements. Washington has submitted quarterly emissions statement

status reports since July 1, 1993. The emissions statement status

reports contain all required data elements. Ecology and the local air

pollution control authorities require emission statement data for the

annual emission inventory update.

4. Sources Covered

Section 182(a)(3)(B) of the Act requires that States with areas

designated as nonattainment for ozone (O3) require emission

statement data from sources of volatile organic compounds (VOC) or

oxides of nitrogen (NOx) in the nonattainment areas. Washington's

Emission Statement Program applies the source reporting requirements as

outlined in EPA's ``Draft Guidance on the Implementation of an Emission

Statement Program.'' Sources subject to this requirement are: (1)

Sources in O3 nonattainment areas that emit 25 (tpy) or more of NOx;

and (2) sources in O3 nonattainment areas that emit 25 tpy or more of

VOC. Additionally, if a source emits at least the minimum established

reporting level of VOC or NOx (for example, 25 tpy or more in an O3

nonattainment area), and the other pollutant is emitted at less than 25

tpy, then the other pollutant should also be included in the emission

statement.

5. Enforceability Issues

All measures and other elements in the SIP must be enforceable by

the State and EPA. The EPA criteria addressing the enforceability of

SIPs and SIP revisions were stated in a September 23, 1987 memorandum

(with attachments) from J. Craig Potter, Assistant Administrator for

Air and Radiation, et al. (see 57 FR 13541). SIP provisions must also

contain a program that provides for enforcement of the control measures

and other elements in the SIP (see section 110(a)(2)(C) of the Act).

The State of Washington has a program in its SIP that will ensure

that the requirements of sections 182(a)(3)(B), 182(f), and 184(b)(2)

of the Act for emission statement measures contained in the SIP are

adequately enforced. Submission of emission statement data is enforced

through the Southwest Air Pollution Control Authority (SWAPCA) and the

Puget Sound Air Pollution Control Agency (PSAPCA). PSAPCA requires

submission by April 15 of each year, and SWAPCA requires submission by

March 15 of each year. EPA expects that the state's existing air

enforcement program will be adequate.

III. Final Action

Section 110(k) of the Act sets out provisions governing EPA's

review of SIP submittals (see 57 FR 13565-13566). In this action, EPA

is granting approval of the emission statement plan revision submitted

to EPA on January 28, 1993 because it meets all of the applicable

requirements of the CAA.

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 economic 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

Clean Air Act 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 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 become

effective on November 14, 1994 unless, by October 12, 1994, adverse or

critical comments are received.

Nothing is 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 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 November 14, 1994. 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 bechallenged later in proceedings

to enforce its requirements. (See 42 U.S.C. 7607(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Hydrocarbons, Incorporation by reference,

Intergovernmental relations, Oxides of nitrogen, Nitrogen dioxide,

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: August 25, 1994.

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)(46) to read

as follows:

Sec. 52.2470 Identification of plan.

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(c) * * *

(46) On January 28, 1993 the State of Washington submitted a SIP

revision for the purpose of implementing an emission statement program

for stationary sources within the Vancouver Air Quality Maintenance

Area and the Central Puget Sound Ozone Nonattainment Area. The

implementation plan was submitted by the State to satisfy the Federal

requirements for an emission statement program as part of the SIP for

Washington State.

(i) Incorporation by reference.

(A) Letters dated January 22, 1993 from the Director of the

Washington Department of Ecology to EPA Region 10 amending the

Washington SIP for both the Vancouver and Central Puget Sound areas.

(B) ``Supplement to the SIP for Washington State, A Plan for

Attaining and Maintaining National Ambient Air Quality Standards for

Ozone in Central Puget Sound,'' sections 6.0, 6.1, and 6.2, adopted

January 22, 1993.

(C) ``Supplement to the SIP for Washington State, A Plan for

Attaining and Maintaining National Ambient Air Quality Standards for

Ozone in the Vancouver Air Quality Maintenance Area,'' sections 7.0,

7.1, 7.2, and 7.3, adopted January 22, 1993.

* * * * *

[FR Doc. 94-22400 Filed 9-9-94; 8:45 am]

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