Approval of the Clean Air Act, Section 112(l), Delegation of Authority to Three Local Air Agencies in Washington

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-6187-7]

Approval of the Clean Air Act, Section 112(l), Delegation of

Authority to Three Local Air Agencies in Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to section 112(l) of the 1990 Clean Air Act (CAA),

the state of Washington Department of Ecology (Ecology) requested

program approval and delegation of authority for three local agencies

in Washington to implement and enforce locally-adopted hazardous air

pollutant (HAP) regulations which adopt by reference the federal

National Emission Standards for Hazardous Air Pollutants (NESHAP)

contained within 40 CFR Parts 61 and 63, as these regulations apply to

all sources (i.e., both Part 70 and non-Part 70 sources). On behalf of

these agencies, Ecology also requested approval of a mechanism by which

these agencies will receive delegation of future NESHAPs; and requested

that EPA waive its notification requirements such that sources will

only need to send notifications and reports to the delegated local

agencies. Additionally, Ecology also requested approval of certain

local air agency potential-to-emit limiting regulations which would

then be recognized as federally enforceable. The local air agencies

that would be implementing and enforcing these regulations are: the

Northwest Air Pollution Authority (NWAPA); the Puget Sound Air

Pollution Control Agency (PSAPCA); and the Southwest Air Pollution

Control Authority (SWAPCA) collectively referred to as ``NWAPA, PSAPCA,

and SWAPCA.''

In the Rules section of this Federal Register, EPA is promulgating

direct final approval of Ecology's request, on behalf of NWAPA, PSAPCA,

and SWAPCA, for program approval and delegation of authority to

implement and enforce specific 40 CFR Parts 61 and 63 federal NESHAP

regulations which have been adopted into local law (as apply to both

Part 70 and non-Part 70 sources). EPA is delegating these programs to

Ecology for the purpose of redelegating them to NWAPA, PSAPCA, and

SWAPCA, consistent with Ecology's statute, the Revised Code of

Washington (RCW) 70.94.860. Additionally, EPA is promulgating direct

final approval of the mechanism by which NWAPA, PSAPCA, and SWAPCA will

receive delegation of future NESHAP regulations that are adopted

unchanged into local law; and is waiving the requirement for sources to

send copies of notifications and reports to EPA. Finally, EPA is

promulgating direct final approval of PSAPCA and SWAPCA's potential-to-

emit regulations as federally enforceable.

EPA is taking direct final action without prior proposal because

the Agency views this as a noncontroversial action and anticipates no

adverse comments. A detailed rationale for this approval is set forth

in the direct final rule. If no relevant adverse comments are received

in response to this action, no further activity is contemplated in

relation to this action. If EPA receives relevant adverse comments, the

direct final rule will not take effect and all public comments will be

addressed in a subsequent final rule based on this proposed action. The

EPA will not institute a second comment period on this action. Any

parties interested in commenting should do so at this time.

DATES: Comments must be received in writing by December 31, 1998.

ADDRESSES: Written comments must be submitted to Doug Hardesty at the

[[Page 66084]]

Region X office listed below. Copies of the requests for delegation and

other supporting documentation are available for public inspection at

the following location: U.S. Environmental Protection Agency, Region X,

Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, WA, 98101.

FOR FURTHER INFORMATION CONTACT: Andrea Wullenweber, US EPA, Region 10

(OAQ-107), 1200 Sixth Avenue, Seattle, WA, 98101, (206) 553-8760.

SUPPLEMENTARY INFORMATION:

This document concerns delegation of unchanged NESHAPs to the

Northwest Air Pollution Authority, the Puget Sound Air Pollution

Control Agency, and the Southwest Air Pollution Control Agency. For

further information, please see the information provided in the direct

final action which is located in the Rules section of this Federal

Register.

Authority: 42 U.S.C. 7401-7671q.

Dated: October 28, 1998.

Chuck Clarke,

Regional Administrator, Region X.

[FR Doc. 98-31241 Filed 11-30-98; 8:45 am]

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