Approval and Promulgation of Implementation Plans: Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA61-7136, WA64-7139a; FRL-5869-8]

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 in part several

minor revisions to the state of Washington Implementation Plan (SIP).

Pursuant to section 110 (a) of the Clean Air Act (CAA), the Director of

the Washington Department of Ecology (WDOE) submitted two requests to

EPA dated November 25, 1996 and April 7, 1997 to revise the SIP for

certain regulations of a local air pollution control agency, the Puget

Sound Air Pollution Control Agency (PSAPCA).

DATES: This action is effective on October 6, 1997 unless adverse or

critical comments are received by September 5, 1997. If the effective

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

Register.

ADDRESSES: Written comments should be addressed to: Ms. Montel

Livingston, SIP Manager, Office of Air Quality (OAQ-107), EPA, 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, Environmental Protection Agency, 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,

Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington

98101, and WDOE, P.O. Box 47600, Olympia, Washington 98504.

FOR FURTHER INFORMATION CONTACT: Lisa Jacobsen, Office of Air Quality

(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-6917.

SUPPLEMENTARY INFORMATION:

I. Background

Two submittals from WDOE dated November 26, 1996 and April 7, 1997,

were sent to EPA and consisted of minor amendments to PSAPCA

Regulations I, II, and III.

The November 26, 1996 minor revisions were adopted by PSAPCA on

September 12, 1997 after meeting public participation requirements on

July 11, 1996 and October 10, 1996 and become state effective on

October 31, 1997.

Regulation I, section 3.11, Civil Penalties, is amended in

accordance with state law to adjust maximum penalty amounts for

inflation and section 3.23, Alternate Means of Compliance, is amended

to clarify alternate means of compliance. Sections 5.02, 5.03, 5.05,

5.07, 6.03, and 6.04 are amended to include updates reflecting state

law regarding registration and to adjust the fees covering the program

costs. A new Sec. 7.09, General Reporting Standards, adds applicable

reporting requirements to the operating permits section. Section 5.08,

Shut Down Sources; and 5.11, Registration of Oxygenated Gasoline

Blenders, were repealed because they are no longer needed. On October

11, 1996, EPA formally redesignated the Central Puget Sound CO

nonattainment area to attainment, and approved a maintenance plan which

will ensure that the Central Puget Sound area remains in attainment for

CO. The maintenance plan removes the requirement for oxygenated fuel

during the CO season but incorporates the requirement for the use of

oxygenated fuel as a contingency measure in the event of a violation of

the CO national ambient air quality standard.

Regulation II, section 2.09, the elimination of the oxygenated

gasoline contingency measure and fee schedule, was approved by EPA in

an earlier action (62 FR 23363-23365) on April 30, 1997.

Regulation III section 4.03 is amended to clarify existing language

and to increase fees to cover the costs of administering the program.

The April 7, 1997 submittal was adopted by PSAPCA after meeting

public participation requirements on December 12, 1996 and became state

effective January 15, 1997.

Regulation I, section 5.03 was amended to clarify the registration

requirements. Section 6.04 was amended for clarification of the Notice

of Construction.

Regulation III, sections 1.11, 2.01, and 2.05 were amended for

clarification of requirements when dealing with Toxic Air Contaminants.

II. Summary of Action

EPA is, by today's action, approving the following revisions

submitted by WDOE on November 26, 1996 and April 7, 1997 as amendments

to the regulations of PSAPCA and for inclusion into the SIP:

Regulation I

Section 3.11, Civil Penalties

Section 3.23, Alternate Means of Compliance

Section 5.02, Definitions and Components of Registration

Program

Section 5.03, Registration Required

Section 5.05, General Requirements for Registration

Section 5.07, Registration Fees

Section 6.03, Notice of Construction

Section 6.04, Notice of Construction Review Fees

Section 7.09, General Reporting Requirements

Regulation III

Section 1.11, Reporting Requirements

Section 2.01, Applicability

Section 2.05, Sources of Toxic Air Contaminants

EPA approves the following deletions from the SIP:

Regulation I

Section 5.08, Shut Down Sources

Section 5.11, Registration of Oxygenated Gasoline Blenders

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 October 6, 1997 unless, by September 5, 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 October 6, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future

[[Page 42217]]

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.

III. Administrative Requirements

A. Executive Order 12866

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. EPA, 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

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 October 6, 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, Fees,

Incorporation by reference, Reporting and recordkeeping requirements.

Dated: July 17, 1997.

Chuck Findley,

Acting 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)(73) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(73) On November 26, 1996 and April 7, 1997, the Director of the

Washington State Department of Ecology (Washington) submitted to the

Regional Administration of EPA revisions to the State Implementation

Plan consisting of minor amendments to Puget Sound Air Pollution

Control Agency (PSAPCA) Regulations I and III.

(i) Incorporation by reference.

(A) PSAPCA Regulations approved--Regulation I, Sections 3.11, 3.23,

5.02, 5.05, 5.07, 6.03, 7.09--State-adopted 9/12/96. Regulation III,

Section 4.03--State-adopted 9/12/96. Regulation I, Sections 5.03 and

6.04--State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01, and

2.05--State-adopted 12/12/96.

[FR Doc. 97-20664 Filed 8-5-97; 8:45 am]

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