Approval and Promulgation of Implementation Plans: Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA56-7131a; FRL-5603-7]

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

several minor revisions to the State of Washington Implementation Plan

(SIP) and, at the same time, taking no action on two sections of these

revisions which are unrelated to the purposes 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

[[Page 49689]]

dated May 24, 1996 to revise certain sections of a local air pollution

control agency (the Puget Sound Air Pollution Control Agency)

regulations.

DATES: This action is effective on November 22, 1996, unless adverse or

critical comments are received by October 23, 1996. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: 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)-207), 1200 Sixth Avenue, Seattle, Washington 98101; and

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

Washington 98504.

FOR FURTHER INFORMATION CONTACT: Tamara Langton, Office of Air Quality

(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-2709.

SUPPLEMENTARY INFORMATION:

I. Discussion of Submittal

The WDOE May 24, 1996 submittal consists of minor amendments to the

Puget Sound Air Pollution Control Agency (PSAPCA) Regulations I and

III. Regulation I is being amended to be consistent with the state

agricultural burning regulations and to allow training fires and fire

extinguisher training by rule rather than by PSAPCA's formal written

approval. The amendments to Regulation I were adopted by PSAPCA on

February 8, 1996, and became effective on March 14, 1996. During the

period offered by PSAPCA for public comments, no public testimony was

offered.

Regulation III is being amended to include new monitoring and

recordkeeping requirements for perchloroethylene dry cleaning

operations. This amendment to Regulation III was adopted by PSAPCA on

November 8, 1995, and became effective on December 14, 1995. Again,

there were no public comments submitted by the public.

The above two minor amendments to Regulation I and III continue to

provide clarity to revised sections and overall strengthening measures

for the control of ozone within the affected nonattainment areas and,

generally, the control of particulate matter.

The PSAPCA amendments submitted by WDOE for inclusion into the SIP

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 CAA and EPA

policy and regulations concerning such revisions.

II. Summary of Today's Action

EPA is, by today's action, approving in part Regulation I, Article

8, Outdoor Fires, sections 8.02 and 8.05, and Regulation III, Article

3, Source-Specific Emission Standards, section 3.03; deleting

Regulation I, Article 8, section 8.01, Policy for Outdoor Fires; and,

taking no action in part on Regulation I, Article 8, Outdoor Fires,

sections 8.07 (Fire Extinguisher Training) and 8.08 (Fire Department

Training Exercises) as these revisions are not directly related to the

criteria pollutants regulated under the SIP.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment to the SIP 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 November 22, 1996, unless, by October 23, 1996,

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 November 22, 1996.

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.

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 promulgated 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

Federal requirements.

[[Page 49690]]

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 November 22, 1996. 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, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements, Volatile organic compounds.

Dated: August 19, 1996.

Charles Findley,

Acting Regional Administrator.

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.

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) (65) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(65) Several minor revisions consisting of amended regulations

affecting a local air agency, the Puget Sound Air Pollution Control

Agency, were submitted to EPA from the Washington State Department of

Ecology for inclusion into the Washington State Implementation Plan.

(i) Incorporation by reference.

(A) Letter dated May 24, 1996 from the Director of the Washington

State Department of Ecology to the EPA Regional Administrator

submitting revisions to the Puget Sound Air Pollution Control Agency

regulations for inclusion into the State Implementation Plan: Puget

Sound Air Pollution Control Agency, Regulation I, Article 8, Outdoor

Fires, sections 8.02, Outdoor Fires-Prohibited Types, and 8.05,

Agricultural Burning, effective 3/14/96; Puget Sound Air Pollution

Control Agency, Regulation III, Article 3, Source-Specific Emission

Standards, section 3.03, Perchloroethylene Dry Cleaners, effective 12/

14/95.

[FR Doc. 96-24051 Filed 9-20-96; 8:45 am]

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