Approval of the Clean Air Act, Section 112(l), Delegation of Authority to Puget Sound Air Pollution Control Agency in Washington; Amendment

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6326-2]

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

Authority to Puget Sound Air Pollution Control Agency in Washington;

Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority; amendment.

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SUMMARY: This action provides an amendment to a direct final Federal

Register action published on December

[[Page 19720]]

1, 1998 (see 63 FR 66054), that granted Clean Air Act, section 112(l),

delegation of authority for three local air agencies in Washington,

including Puget Sound Air Pollution Control Agency (PSAPCA), 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 amends

40 CFR 63.99 by revising the table outlining PSAPCA's current

delegation status.

DATES: This amendment is effective on April 22, 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 (Pub. L. 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 June 21, 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 the

Puget Sound Air Pollution Control Agency (PSAPCA), 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). Since the

February 1, 1999, effective date of that program approval and

delegation of authority, Ecology has submitted an updated delegation

request on behalf of PSAPCA. In a letter dated March 1, 1999, Ecology

requested updated delegation for PSAPCA to implement and enforce

specific 40 CFR part 63 National Emission Standards for Hazardous Air

Pollutants (NESHAPs) in effect as of July 1, 1998, as these new and

revised standards have been adopted unchanged into PSAPCA Regulation

III, section 2.02 (as amended on September 10, 1998). Consistent with

RCW 70.94.860 and the approved mechanism for streamlined delegation

(see page 66057, 63 FR 66054, December 1, 1998), EPA granted this

updated delegation request to Ecology for purposes of redelegating to

PSAPCA in a letter to Ecology dated March 19, 1999. The effective date

of that letter and the updated delegation was March 29, 1999.

Therefore, PSAPCA now has the authority to implement and enforce 40

CFR part 63 NESHAPs in effect as of July 1, 1998. This update includes

any revisions to previously delegated 40 CFR part 63 standards, and the

following new NESHAPs: Subpart S (Pulp & Paper), Subpart LL (Primary

Aluminum), and Subpart EEE (Hazardous Waste Combustors).

PSAPCA is now the primary point of contact with respect to these

delegated NESHAPs. Pursuant to 40 CFR 63.9(a)(4)(ii) and

63.10(a)(4)(ii), EPA waived the requirement that notifications and

reports for delegated standards be submitted to EPA in addition to

PSAPCA. Therefore, sources within PSAPCA's jurisdiction should send

notification and reports for delegated NESHAPs to PSAPCA, and do not

need to send a copy to EPA.

This updated delegation for PSAPCA to implement and enforce NESHAPs

does not extend to sources or activities located in Indian country, as

defined in 18 U.S.C. 1151, except for those non-trust lands 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. Therefore, PSAPCA will implement and

enforce the NESHAPs on these non-trust lands within the 1873 Survey

Area. EPA will continue to implement the NESHAPs in all other Indian

country, consistent with previous federal program approvals or

delegations, because PSAPCA does not have authority over sources and

activities located within the exterior boundaries of Indian

reservations and other areas in Indian country.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: April 8, 1999.

Chuck Clarke,

Regional Administrator, Region X.

40 CFR Part 63 is amended as follows:

[[Page 19721]]

PART 63--[AMENDED]

1. The authority citation for Part 63 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart E--Approval of State Programs and Delegation of Federal

Authorities

2. Section 63.99 is amended by revising the table in paragraph (a)

(47)(i) to read as follows:

Sec. 63.99 Delegated Federal Authorities

(a) * * *

(47) * * *

(i) * * *

Delegation Status for Part 63 standards--Washington

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

Subpart Ecology BCAA \2\ NWAPA \3\ OAPCA \4\ PSAPCA \5\ SCAPCA \6\ SWAPCA \7\ YRCAA \8\

--------------------------------------------------------------\1\---------------------------------------------------------------------------------------

A......................... General Provisions \9\...... X X X

D......................... Early Reductions............ X X X

F......................... HON-SOCMI................... X X X

G......................... HON-Process Vents........... X X X

H......................... HON-Equipment Leaks......... X X X

I......................... HON-Negotiated Leaks........ X X X

L......................... Coke Oven Batteries......... X X X

M......................... Perc Dry Cleaning........... X X X

N......................... Chromium Electroplating..... X X X

O......................... Ethylene Oxide Sterilizers.. X X X

Q......................... Industrial Process Cooling X X X

Towers.

R......................... Gasoline Distribution....... X X X

S......................... Pulp and Paper.............. X

T......................... Halogenated Solvent Cleaning X X X

U......................... Polymers and Resins I....... X X

W......................... Polymers and Resins II-Epoxy X X X

X......................... Secondary Lead Smelting..... X X X

Y......................... Marine Tank Vessel Loading.. X X X

CC........................ Petroleum Refineries........ X X X

DD........................ Off-Site Waste and Recovery. X X X

EE........................ Magnetic Tape Manufacturing. X X X

GG........................ Aerospace Manufacturing & X X X

Rework.

II........................ Shipbuilding and Ship Repair X X X

JJ........................ Wood Furniture Manufacturing X X X

Operations.

KK........................ Printing and Publishing X X X

Industry.

LL........................ Primary Aluminum............ X

OO........................ Tanks--Level 1.............. X X

PP........................ Containers.................. X X

QQ........................ Surface Impoundments........ X X

RR........................ Individual Drain Systems.... X X

VV........................ Oil-Water Separators and X X

Organic-Water Separators.

EEE....................... Hazardous Waste Combustors.. X

JJJ....................... Polymers and Resins IV...... X X X

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\1\ Washington Department of Ecology

\2\ Benton Clean Air Authority

\3\ Northwest Air Pollution Authority (5/14/98)

\4\ Olympic Air Pollution Control Authority

\5\ Puget Sound Air Pollution Control Agency (7/1/98)

\6\ Spokane County Air Pollution Control Authority

\7\ Southwest Air Pollution Control Authority (8/1/96)

\8\ Yakima Regional Clean Air Authority

\9\ Authorities which are not delegated include: 40 CFR 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test methods;

63.8(f) for approval of major alternatives to monitoring; 63.10(f); and all authorities identified in the subparts (i.e., under ``Delegation of

Authority'') that cannot be delegated. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see memorandum

from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, ``Delegation of 40 CFR Part 63 General Provisions

Authorities to State and Local Air Pollution Control Agencies.''

[[Page 19722]]

Note to paragraph (a)(47): Dates in parenthesis indicate the

effective date of the federal rules that have been adopted by and

delegated to the state or local air pollution control agency.

Therefore, any amendments made to these delegated rules after this

effective date are not delegated to the agency.

[FR Doc. 99-9606 Filed 4-21-99; 8:45 am]

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