Approval and Promulgation of Implementation Plans; Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA24-1-6519a; FRL-5143-7]

Approval and Promulgation of Implementation Plans; Washington

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) approves certain

regulations of the Northwest Air Pollution Authority (NWAPA) for the

control of air pollution in Island, Skagit, and Whatcom 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 January 10, 1994. In

accordance with Washington statutes, NWAPA rules must be at least as

stringent as the WDOE statewide rules.

DATES: This final rule will be effective on April 24, 1995 unless

adverse or critical comments are received by March 24, 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 # WA24-1-6519, 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: Stephanie Cooper, Air Programs Branch

(AT-082), EPA, Region 10, Seattle, Washington 98101, (206) 553-6917.

SUPPLEMENTARY INFORMATION

I. Background

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

10 revised and updated regulations for NWAPA affecting Island, Skagit,

and Whatcom Counties. NWAPA and WDOE held joint public hearings on

April 14, 1993 and September 8, 1993, to receive public comment on the

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

the Washington SIP.

These regulations cover such subjects as the adoption of State laws

and rules, criminal and civil penalties, notice of construction

procedures, registration classes, volatile organic compounds (VOC)

controls, and others (please see Description of Plan Revisions, below).

NWAPA requested that the WDOE submit these additions for incorporation

into the Washington State SIP in an effort to prepare NWAPA for

implementation of the operating permit program. EPA granted interim

approval to NWAPA's operating permit program effective December 9,

1994. See 59 FR 55813 (November 9, 1994).

II. Description of Plan Revisions

The NWAPA amendments submitted by WDOE on January 12, 1994 for

inclusion into the Washington SIP are local air pollution regulations

which WDOE has certified are at least as stringent as the statewide

rules of the WDOE. This rulemaking action approves portions of NWAPA's

regulations related to the control of criteria pollutants under section

110 of the Act. EPA is taking no action on certain other portions of

NWAPA's regulation. In this rulemaking, EPA is approving the following

sections:

100 Name of Authority

101 Short Title

102 Policy

103 Duties and Powers

104.1 Adoption of State Laws and Rules

105 Separability

106 Public Records

110 Investigation and Studies

111 Interference or Obstruction

112 False and Misleading Oral Statement--Unlawful Reproduction or

Alteration of Documents

113 Service of Notice

114 Confidential Information

120 Hearings

121 Orders

122 Appeals from Orders or Violations

123 Status of Orders on Appeal

124 Display of Orders, Certificates, and other Notices--Removal or

Mutilation Prohibited

130 Citations--Notices

131 Violation--Notices

132 Criminal Penalty

133 Civil Penalty

134 Restraining Orders--Injunctions

135 Additional Enforcement--Compliance Schedules

140 Reporting by Government Agencies

145 Motor Vehicle Owner Responsibility

150 Pollutant Disclosure--Reporting by Air Contaminant Sources

180 Sampling and Analytical Methods/References

200 Definitions

300 Notice of Construction when Required

301 Information Required for Notice of Construction and Application

for Approval, Public Notice, Public Hearing

302 Issuance of Approval or Order

303 Notice of Completion--Notice of Violation

310 Approval to Operate Required

320 Registration Required

321 General Requirements for Registration

322 Exemptions from Registration

323 Classes of Registration

324 Fees (except for section 324.121)

325 Transfer

340 Report of Breakdown and Upset

341 Schedule Report of Shutdown or Startup

342 Operation and Maintenance

360 Testing and Sampling

365 Monitoring

366 Instrument Calibration

400 Ambient Air Standards--Forward

401 Suspended Particulate Standards (PM-10)

410 Sulfur Oxide Standards

420 Carbon Monoxide Standards

421 Nitrogen Oxide Standards

424 Ozone Standard

450 Emission Standards--Forward

451 Emission of Air Contaminant--Visual Standard

452 Motor Vehicle Visual Standards (except for section 452.5.)

455 Emission of Particulate Matter

458 Incinerators--Wood Waste Burners

460 Weight/Heat Rate Standard--Emission of Sulfur Compounds

462 Emission of Sulfur Compounds

466 Portland Cement Plants [[Page 9779]]

510 Incinerator Burning

520 Sulfur Compounds in Fuel

550 Preventing Particulate Matter from Becoming Airborne

560 Storage of Organic Liquid

580 Volatile Organic Compound Control

The following discussion highlights elements of NWAPA's rules that

EPA is approving: Section 104.1--Adoption of State Laws and Rules,

allows NWAPA to position itself as the primary enforcement agency for

the three counties under its jurisdiction. Sections 132 and 133--

Criminal Penalty and Civil Penalty, respectively, reflect changes in

Washington's Clean Air Act. Maximum fines have increased from $1,000 to

$10,000, and civil penalties have been adjusted based on the consumer

price index. Timely submittal of information on emissions is the

subject of Section 150, which states that if industries do not comply

in a timely fashion, fees will be based on potential rather than actual

emissions. Sections 300 through 310 establish a preconstruction review

program which requires the submittal of a ``Notice of Construction and

Application for Approval'' and receipt of an ``Order of Approval''

prior to the construction or modification of most air contaminant

sources. An ``Order of Approval'' will be issued after public notice

and opportunity for comment, if applicable, provided the new or

modified source complies with all applicable State and Federal

requirements. Note, however, that the NWAPA regulations do not contain

any provisions to implement the major source permitting requirements of

Title I, Part C, and Part D of the Act. There are currently no

nonattainment areas in NWAPA's jurisdiction and the WDOE implements the

Part C ``Prevention of Significant Deterioration'' permit program under

a delegation from EPA. Sections 320 through 325 require the

registration of air contaminant sources, and impose an annual

registration fee and other fees to cover the costs of regulating

sources. ``Preventing Particulate Matter from Becoming Airborne,''

Section 550, aims at preventing material from being deposited in public

roadways that may result in fugitive dust problems. Volatile organic

compounds (VOCs) are controlled by Section 580, which establishes BACT

for all new VOC sources. This section covers petroleum refineries, high

vapor pressure volatile organic compound storage tanks, gasoline

loading terminals, bulk gasoline plants, gasoline stations, cutback

asphalt paving, petroleum refinery equipment leaks, high vapor pressure

volatile organic compound storage in external floating roof tanks,

leaks from gasoline transport tanks and vapor control systems.

Finally, EPA is taking no action on the following sections which

were included in the January 10, 1994 submittal but do not relate to

the control of criteria air pollutants under section 110 of the Act.

104.2 Adoption of Federal rules

312 Environmental Policy Guidelines

324.121 Fees (operating permits)

326 Operating Permits

350 Variances

402 Particulate Fallout Standards

426 Hydrocarbons

428 Hazardous Air Pollutants

452.5 Motor vehicle standards for odor

465 Sulfuric Acid Plants

470 Fluorides

600 to 603 Objectives and Planning Criteria

In its January 10, 1994 submission, NWAPA did not submit its rules

regarding open burning (Section 501--Outdoor Burning; Section 504--

Outdoor Fires--Grass Seed Fields; Section 511--Refuse Burning

Equipment--Time Restriction) and for concealment and masking (Section

540--Emission of Air Contaminant--Concealment and Masking) for

inclusion in the SIP. Therefore, the statewide rules for open burning

and concealment and masking apply within NWAPA's jurisdiction.

III. Summary of EPA Action

In this action, EPA approves the following sections of the NWAPA

rules as revisions to the Washington SIP: 100, 101, 102, 103, 104.1,

105, 106, 110, 111, 112, 113, 114, 120, 121, 122, 123, 124, 130, 131,

132, 133, 134, 135, 140, 145, 150, 180, 200, 300, 301, 302, 303, 310,

320, 321, 322, 323, 324, 325, 340, 341, 342, 360, 365, 366, 400, 401,

410, 420, 421, 424, 450, 451, 452 (except for 452.5.), 455, 458, 460,

462, 466, 510, 520, 550, 560, and 580.

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 April 24, 1995 unless, by March 24, 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 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 April 24, 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 3 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 [[Page 9780]] this action must be filed in the

United States Court of Appeals for the appropriate circuit by April 24,

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

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Ozone, 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: January 9, 1995.

Chuck Clarke,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

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) (50) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(50) By a letter dated December 29, 1993, the Director of WDOE

submitted to the Regional Administrator of EPA a revision to the

Washington SIP updating the regulations from the Northwest Air

Pollution Authority.

(i) Incorporation by reference.

(A) The December 29, 1993 letter from the Director of the

Washington State Department of Ecology submitting the Northwest Air

Pollution Authority Regulations as a revision to the Washington SIP.

(B) Regulations of the Northwest Air Pollution Authority--sections

100, 101, 102, 103, 104.1, 105, 106, 110, 111, 112, 113, 114, 120, 121,

122, 123, 124, 130, 131, 132, 133, 134, 135, 140, 145, 150, 180, 200,

300, 301, 302, 303, 310, 320, 321, 322, 323, 324, 325, 340, 341, 342,

360, 365, 366, 400, 401, 410, 420, 421, 424, 450, 451, 452 (except for

452.5.), 455, 458, 460, 462, 466, 510, 520, 550, 560, and 580,

effective on September 8, 1993.

[FR Doc. 95-3862 Filed 2-21-95; 8:45 am]

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