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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-6233-6]

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

Authority to Three Local Air Agencies in Washington; Correction and

Clarification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and delegation of authority; correction and

clarification.

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SUMMARY: This action provides a correction and clarification to a

direct final Federal Register action published on December 1, 1998 (see

63 FR 66054), that granted Clean Air Act, section 112(l), delegation of

authority for three local air agencies in Washington to implement and

enforce specific 40 CFR parts 61 and 63 federal National Emission

Standards for the Hazardous Air Pollutants (NESHAP) regulations which

have been adopted into local law. This action corrects several

typographical errors in the EPA Action section of the preamble of the

December 1, 1998, direct final rule, and also clarifies the extent of

that delegation with respect to Indian country.

DATES: This action is effective on February 17, 1999.

ADDRESSES: 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 X

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

SUPPLEMENTARY INFORMATION:

I Administrative Requirements

Under Executive Order (E.O.) 12866, Regulatory Planning and Review

(58 FR 51735, October 4, 1993), this action is not a ``significant

regulatory action'' and is therefore, not subject to review by the

Office of Management and Budget. In addition, this action does not

impose any enforceable duty, contain any unfunded mandate, or impose

any significant or unique impact on small governments as described in

the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This rule

also does not require prior consultation with State, local, and tribal

government officials as specified by Executive Order 12875 (58 FR

58093, October 28, 1993) or Executive Order 13084 (63 FR 27655, May 10,

1998), or involve special consideration of environmental justice

related issues as required by Executive Order 12898 (59 FR 7629,

February 16, 1994). Because this action is not subject to notice-and-

comment requirements under the Administrative Procedure Act or any

other statute, it is not subject to the regulatory flexibility

provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

This rule also is not subject to Executive Order 13045 (62 FR 19885,

April 23, 1997), entitled ``Protection of Children from Environmental

Health Risks and Safety Risks,'' because EPA interprets E.O. 13045 as

applying only to those regulatory actions that are based on health or

safety risks, such that the analysis required under section 5-501 of

the Order has the potential to influence the regulation. This rule is

not subject to E.O. 13045 because it does not establish an

environmental standard intended to mitigate health or safety risks.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by April 19, 1999. 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)).

II Clarification

On December 1, 1998, EPA promulgated direct final approval of the

Washington Department of Ecology (Ecology) request, on behalf of three

local air agencies, 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). The three local air agencies that

will 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). In the direct final rule and delegation of authority, an

explanation of the applicability of that action to sources and

activities located in Indian country was inadvertently omitted.

Beginning on page 66054, in the issue of Tuesday, December 1, 1998,

make the following correction, in the EPA Action section of the

preamble, at the end of the Delegation of Specific Standards

subsection. On page 66057, in the second column, after the first

paragraph, add the following statement:

``The delegation approved by this rule for NWAPA, PSAPCA, and

SWAPCA to implement and enforce NESHAPs does not extend to sources or

activities located in Indian country, as defined in 18 U.S.C. 1151.

Consistent with previous federal program approvals or delegations, EPA

will continue to implement the NESHAPs in Indian country because the

local air agencies did not adequately demonstrate their authority over

sources and activities located within the exterior boundaries of Indian

reservations and other areas in Indian country.

``The one exception to this limitation is within the boundaries of

the Puyallup Indian Reservation, also known as the 1873 Survey Area.

Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C.

1773, Congress explicitly provided state and local agencies, such as

PSAPCA, authority over activities on non-trust lands within the 1873

Survey Area. After consulting with the Puyallup Tribe of Indians, EPA's

delegation in this rule applies to sources and activities on non-trust

lands within the 1873 Survey Area. Therefore, PSAPCA will implement and

enforce

[[Page 7794]]

the NESHAPs on these non-trust lands within the 1873 Survey Area.''

III. Correction

In the December 1, 1998, direct final rule and delegation of

authority for the three local air pollution control agencies in

Washington, there were several minor typographical errors in the EPA

Action section of the preamble, in the Delegation of Specific Standards

subsection. Beginning on page 66054, in the issue of Tuesday, December

1, 1998, make the following corrections:

On page 66056, in the second column, in the last paragraph, in the

eighth line; in the third column, in the first line under the table;

and on page 66057, in the first column, in the last paragraph, in the

eleventh line, ``63.6(I)(1)'' should read ``63.6(i)(1)''. On page 66056

in footnote number three, in the first line, ``112(I)(1) and (3)''

should read, ``112(i)(1) and (3)''. On page 66057, in the first column,

in the last paragraph, in the eighteenth line, ``(63.7(e)(2)(I))''

should read, ``(63.7(e)(2)(i))'.

List of Subjects

40 CFR Part 61

Environmental protection, Air pollution control, Arsenic, Asbestos,

Benzene, Beryllium, Hazardous substances, Mercury, Reporting and

recordkeeping requirements, Vinyl Chloride.

40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: February 1, 1999.

Chuck Clarke,

Regional Administrator, Region X.

[FR Doc. 99-3526 Filed 2-16-99; 8:45 am]

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