Approval and Promulgation of Implementation Plans: Washington State

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA59-7134a; FRL-5708-3]

Approval and Promulgation of Implementation Plans: Washington

State

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

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 one section of this

revision which is unrelated to the purpose 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

dated August 6, 1996 to revise certain regulations of a local air

pollution control agency, namely, the Puget Sound Air Pollution Control

Agency (PSAPCA).

DATES: This action is effective on May 19, 1997 unless adverse or

critical comments are received by April 21, 1997. 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, Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue,

Seattle, Washington 98101. 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-107), 1200 Sixth Avenue, Seattle, Washington 98101; and

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

Washington 98504.

FOR FURTHER INFORMATION CONTACT: Montel Livingston, Office of Air

Quality, EPA, (206) 553-0180.

SUPPLEMENTARY INFORMATION:

I. Background

The August 6, 1996 submittal from WDOE consisted of minor

amendments to PSAPCA Regulations I, II, and III. No action will be

taken on Regulation I because it is unrelated to the purpose of the SIP

and unassociated with criteria pollutants regulated under the SIP.

Regulation II, section 3.11, Coatings and Ink Manufacturing, is

amended to maintain the stringency of the current standard, while

allowing those operations consisting solely of manufacturing low vapor

pressure coatings and inks to be exempt from regulation. Manufacturers

of low vapor pressure coatings and inks contribute an insignificant

quantity of air pollutants to the environment. This will have no

adverse impact upon air quality and is approved as such. The amendments

to Regulation II were adopted by PSAPCA on April 11, 1996 and became

effective on May 16, 1996.

Regulation III is being amended to provide the regulated community

with a simpler, more concise chromium electroplating and anodizing

regulation while incorporating the federal National Emission Standards

for Hazardous Air Pollutants (NESHAP) requirements. This amendment

revises the format of the emission limit regulation and specifies

operating and maintainance procedures, monitoring, recordkeeping, and

reporting for chromium electroplating and anodizing facilities. The

amendments to Regulation III were adopted by PSAPCA on June 13, 1996

and became effective on July 18, 1996.

The PSAPCA amendments submitted by WDOE as SIP revisions 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 Clean Air Act

Amendments of 1990.

II. Summary of Today's Action

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

submitted by WDOE on August 6, 1996 as amendments to the regulations of

PSAPCA and for inclusion into the SIP:

Regulation II, Section 3.11, Coatings and Ink Manufacturing.

Regulation III, section 3.01, Hard and Decorative Chromium

Electroplating and Chromium Anodizing.

EPA is taking no action on Regulation I, section 3.03, General

Regulatory Orders, because it is unrelated to the purpose of the SIP

and unassociated with criteria pollutants regulated under the SIP.

The EPA is publishing this action without prior proposal because

the Agency views this as noncontroversial amendments and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revisions

should adverse or critical comments be filed. This action will be

effective May 19, 1997 unless, by April 21, 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 May 19, 1997.

Nothing in 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 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.

[[Page 13332]]

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 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 May 19, 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, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Ozone, Particulate matter, 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: February 24, 1997.

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) (71) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(71) On March 6, 1996, the Director of the Washington State

Department of Ecology (Ecology) submitted to the Regional Administrator

of EPA a revision to the Puget Sound Air Pollution Control Agency

Regulations, Regulations I, II, and III.

(i) Incorporation by reference.

(A) Letter dated August 6, 1996 from the Department of Ecology to

EPA revising the Puget Sound Air Pollution Control Agency Regulations;

Regulation II Section 3.11 (Coatings and Ink Manufacturing), effective

on May 16, 1996; and Regulation III Section 3.01 (Hard and Decorative

Chromium Electroplating and Chromium Anodizing), effective on July 18,

1996.

[FR Doc. 97-7098 Filed 3-19-97; 8:45 am]

BILLING CODE 6560-50-P