Approval and Promulgation of Implementation Plans: Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA25-1-6520a; FRL-5190-1]

Approval and Promulgation of Implementation Plans: Washington

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is approving in part,

disapproving in part, and taking no action 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 Regulations were submitted by the

Director of the Washington State Department of Ecology (WDOE) on April

11, 1994. In accordance with Washington statutes, SWAPCA rules must be

at least as stringent as the WDOE statewide rules.

DATES: This action will be effective on July 3, 1995 unless adverse or

critical comments are received by June 2, 1995. 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, Air Programs Branch (AT-082), EPA, Docket # WA25-1-6520,

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, D.C. 20460. Copies of

material submitted to EPA may be examined during normal business hours

at the following locations: EPA, Region 10, Air Programs Branch, 1200

Sixth Avenue (AT-082), Seattle, Washington 98101, and Washington

Department of Ecology, PO Box 47600, Olympia, Washington 98504.

FOR FURTHER INFORMATION CONTACT: Kelly McFadden, Air Programs Branch

(AT-082), EPA, Region 10, Seattle, Washington 98101, (206) 553-1059.

SUPPLEMENTARY INFORMATION:

I. Background

On April 11, 1994, the Director of WDOE submitted to EPA Region 10

regulations for SWAPCA affecting Clark, Cowlitz, Lewis, Skamania, and

Wahkiakum Counties. SWAPCA and WDOE held joint public hearings on June

15, 1993 and September 21, 1993, to receive public comments on the

revisions to SWAPCA's rules and the submittal to EPA as a revision to

the Washington SIP.

SWAPCA requested that the WDOE submit these additions to EPA for

incorporation into the Washington SIP.

II. Description of Plan Revisions

The SWAPCA amendments submitted by WDOE on April 11, 1994 for

inclusion into the Washington SIP are local air pollution regulations

which are at least as stringent as the statewide rules of the WDOE. EPA

is approving in part, disapproving in part, and taking no action on the

various portions of SWAPCA's submitted regulations. In this rulemaking,

EPA is approving the following sections, except as noted, adopted by

SWAPCA on September 21, 1993 under SWAPCA Regulation 400, General

Regulations for Air Pollution Sources, as a revision to the Washington

SIP:

400-010 Policy and Purpose

400-020 Applicability

400-030 Definitions, except the second sentences of (14) and (43)

400-040 General Standards for Maximum Emissions, except (1) (c) and

(d), (2), (4), and the exception provision of (6)(a)

400-050 Emission Standards for Maximum Emissions, except the exception

provision in (3)

400-052 Stack Sampling of Major Combustion Sources

400-060 Emission Standards for General Process Units

400-070 Emission Standards for Certain Source Categories, except (7)

400-081 Startup and Shutdown

400-090 Voluntary Limits on Emissions

400-100 Registration and Operating Permits, except the first sentence

of (3) (a)(iv), (a)(v) and (5)

400-101 Sources Exempt From Registration Requirements

400-105 Records, Monitoring and Reporting

400-107 Excess Emissions

400-110 New Source Review

400-112 Requirements for New Sources in Nonattainment Area

400-113 Requirements for New Sources in Attainment or Nonclassifiable

Areas

[[Page 21704]]

400-114 Requirements for Replacement or Substantial Alteration of

Emission Control Technology at an Existing Stationary Source

400-151 Retrofit Requirements for Visibility Protection

400-161 Compliance Schedules

400-171 Public Involvement

400-190 Requirements for Nonattainment Areas

400-200 Creditable Stack Height and Dispersion Techniques

400-205 Adjustment for Atmospheric Conditions

400-210 Emission Requirements of Prior Jurisdiction

400-220 Requirements for Board Members

400-230 Regulatory Actions

400-240 Criminal Penalties

400-250 Appeals

400-260 Conflict of Interest

The following discussion of sections in SWAPCA Regulation 400,

explains which sections EPA is approving, disapproving, or taking no

action on. The following actions are being approved unless exceptions

are noted:

Section 010--Policy and Purpose, explains SWAPCA's goals and

policies. Section 020--Applicability, explains over what sources and

area SWAPCA's regulations apply. EPA finds that Section 030--

Definitions, are consistent with the requirements of 40 CFR Part 51,

Subpart I, however the second sentences of definitions (14) Class I

area and (43) Mandatory Class I 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. Section 030 Definition (78) SIP shall be

approved as its changed to read ``* * * and approved by EPA'' rather

than ``* * * and submitted to EPA for approval''. Section 040--General

Standards for Maximum Emissions, details the maximum emissions allowed

within SWAPCA's jurisdiction for those emission units emitting criteria

pollutants and that are not more specifically controlled by SWAPCA

Sections 050 through 075. Section 040(1) (c) and (d) are being

disapproved due to their allowance for the establishment of alternative

opacity limits. EPA is also disapproving the exception provision of

Section 040(6)(a) which provides an exception to the sulfur dioxide

emission limitation. EPA is taking no action on Section 040(2) Fallout

and Section 40(4) Odors as these provisions are not related to the

criteria pollutants regulated under the SIP. Section 050--Emission

Standards for Combustion and Incineration Units, contains more specific

requirements than Section 040, and is included for those emission units

that incinerate or combust as part of their operation process, but the

exception provision in paragraph (3) allows for the establishment of an

alternative oxygen correction factor for combustion and incineration

sources and is therefore being disapproved. Section 052--Stack Sampling

of Major Combustion Sources, contains requirements for particular

sources to monitor or conduct emissions testing in order to prove

compliance for their applicable pollutants. Section 060--Emission

Standards for General Process Units, explains the maximum particulate

matter permitted for those process units not specifically covered in

SWAPCA Sections 050 through 075 and references the procedures that may

be used to determine source compliance. EPA is approving Section 070--

Emission Standards for Certain Source Categories except for subsection

(7)--Sulfuric Acid Plants, where no action is taken as it is not

related to the criteria pollutants regulated under the SIP. No action

is being taken on Section 075--Emission Standard for Sources Emitting

Hazardous Air Pollutants because it has no relation to the criteria

pollutants that are regulated under the SIP. Section 081--Startup and

Shutdown, establishes a requirement that State and local air pollution

control authorities consider any physical constraints on the ability of

a source to comply with a standard whenever an authority promulgates a

technology-based emission standard or makes a control technology

determination. Where the authority determines that the source is not

capable of achieving continuous compliance with a standard during

startup or shutdown, the authority shall establish appropriate

limitations to regulate the performance of the source during startup or

shutdown conditions. Section 090--Voluntary Limits on Emissions,

provides a mechanism for the owner or operator of a source to apply

for, and obtain, enforceable conditions that limit the source's

potential to emit. Section 100--Registration and Operating Permits,

explains those sources that need to register with SWAPCA for operation.

The portions that are not being acted on eliminate the requirement for

operating program sources to pay a fee due to EPA's approval of

SWAPCA's Operating Permit Program. Section 101--Sources Exempt From

Registration Requirements, lists the emissions units that are exempt

from registration with the Authority and the requirement to maintain

sufficient documentation to prove such. Section 105--Records,

Monitoring and Reporting, explains the steps that notified sources must

follow in order to comply with the applicable emission limitations and

control measures required by SWAPCA. Section 107--Excess Emission,

establishes requirements for reporting periods of excess emissions and

the procedures and criteria for determining, in the context of an

enforcement action, when such excess emissions are unavoidable and

could therefore be excused and not subject to penalty. Section 110--New

Source Review, includes the procedures for submittal of applications,

making completeness determinations and final determinations, and

appeals of orders of approval. Section 112--Requirements for New

Sources in Nonattainment Areas, specifies the requirements for new and

modified major and minor stationary sources proposing to locate in

designated nonattainment areas. Section 113--Requirements for New

Sources in Attainment or Nonclassifiable Areas, specifies the

requirements for new and modified major and minor stationary sources

located in attainment areas. Section 114--Requirements for Replacement

or Substantial Alteration of Emission Control Technology at an Existing

Stationary Source, explains the procedure that is to be followed when

replacing or altering the emission control technology on an existing

stationary source. EPA is taking no action on Section 115--Standards of

Performance for New Sources, as this provision is not related to the

criteria pollutants regulated under the SIP. EPA is disapproving the

following: Section 120 Bubble Rules, Section 130 Acquisition and Use of

Emission Reduction Credits, Section 131 Issuance of Emission Reduction

Credits, and Section 136 Use of Emission Reduction Credits; as these

regulations do not comply with the requirements of EPA's Final

Emissions Trading Policy Statement (51 FR 43814) for source-specific

alternative emission limits (bubbles) and creditable emission

reductions for new source permitting. Section 141--Prevention of

Significant Deterioration (PSD) is being disapproved as it does not

meet the requirements of 40 CFR 51.166. Section 151--Retrofit

Requirements for Visibility Protection, requires sources that may cause

or contribute to impairment of visibility by emitting more than 250

tons/yr of any contaminant and affecting any mandatory Class I area to

apply technology to reduce that impairment. Section 161--Compliance

Schedules, allows SWAPCA to issue a schedule to sources violating an

emission standard, [[Page 21705]] or another provision of regulation

400, which will bring the source into compliance within a specified

period of time. Section 171--Public Involvement, lists which types of

application or other actions require public notice, and what

constitutes public notice. The inclusion of Section 172--Technical

Advisory Council, is not a requirement of the Clean Air Act, and does

not directly apply to the regulation of the criteria pollutants, and

thus is not being acted for inclusion into the SIP. Section 180--

Variance, is being disapproved because it allows SWAPCA to grant a

variance to the requirements governing the quality, nature, duration,

or extent of discharges of air contaminants. Section 190--Requirements

for Nonattainment Areas, requires consultation with local government

and public involvement. Section 200--Credible Stack Height and

Dispersion Techniques, explains how to determine a source's credible

stack height. Section 205--Adjustment for Atmospheric Conditions,

prohibits varying the emissions rate in response to the varying

atmospheric conditions. Section 210--Emission Requirements of Prior

Jurisdictions, requires that the more stringent standards apply when

jurisdiction is transferred. Section 220--Requirements for Board

Members, prohibits Board members from administering enforcement

programs in which a significant portion of their income is derived.

Section 230--Regulatory Actions, explains the enforcement actions to be

taken by SWAPCA when its regulations have not been followed. Section

240--Criminal Penalties, subjects violators of SWAPCA's regulations to

the provisions of RCW 70.94.430. Section 250--Appeals, explains who

appeals may be made to and under what circumstances. Section 260--

Conflict of Interest, explains that all board members and officials

that vote on air pollution sources must comply with the Federal Clean

Air Act.

SWAPCA's regulations are similar to the state of Washington's WAC

173-400, and therefore if a more detailed explanation of the approvals/

disapprovals is wanted, one should refer to the January 15, 1993 (58 FR

4578) Federal Register notice.

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) and (43);

040 except (1)(c) and (1)(d) (2) (4) and the exception provision of

(6)(a); 050 except the exception provision of (3); 052; 060; 070 except

(7); 081; 090; 100 except the first sentence of (3)(a)(iv) and (5);

101; 105; 107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210;

220; 230; 240; 250; and 260.

EPA is disapproving the following sections: 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 (43); 040(2); 040(4); 070(7); 075; the first

sentence of 100(3)(a)(iv); 100(3)(a)(v); 100(5); 115; and 172.

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 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. 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 be

effective July 3, 1995 unless, by June 2, 1995, 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 July 3, 1995.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the 1990 Clean Air

Act Amendments enacted on November 15, 1990. The EPA has determined

that this action conforms with those requirements.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. 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 July 3, 1995. 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, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and recordkeeping requirements, Sulfur

oxides, 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.

[[Page 21706]] Dated: March 30, 1995.

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)(51) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(51) On April 11, 1994 the Washington Department of Ecology (WDOE)

submitted the Southwest Air Pollution Control Authority (SWAPCA) 400

General Regulations for Air Pollution Sources as a revision to the

Washington State Implementation Plan (SIP).

(i) Incorporation by reference.

(A) April 11, 1994 letter from the Director of WDOE to EPA Region

10 submitting the Southwest Air Pollution Control Authority SWAPCA 400

Regulation, General Regulations for Air Pollution Sources.

(B) Regulations of the Southwest Air Pollution Control Authority--

Sections 010; 020; 030 except the second sentences of (14) and (43);

040 except (1)(c) and (1)(d) (2) (4) and the exception provision of

(6)(a); 050 except the exception provision of (3); 052; 060; 070 except

(7); 081; 090; 100 except the first sentence of (3)(a)(iv) and (5);

101; 105; 107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210;

220; 230; 240; 250; and 260, effective on November 8, 1993.

[FR Doc. 95-10812 Filed 5-2-95; 8:45 am]

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