[Federal Register Volume 59, Number 175 (Monday, September 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22400]
[[Page Unknown]]
[Federal Register: September 12, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA17-1-5867a and WA16-1-5866a; FRL-5065-3]
Approval and Promulgation of Emission Statement Implementation
Plan; Washington State
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) submitted by the State of Washington
for the purpose of implementing an emission statement program for
stationary sources within the Vancouver Air Quality Maintenance Area
and the Central Puget Sound Ozone Nonattainment Area. The
implementation plan was submitted by the State to satisfy the Federal
requirements for an emission statement program as part of the SIP for
Washington State.
DATES: This final rule will be effective on November 14, 1994 unless
adverse or critical comments are received by October 12, 1994. 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, EPA, Region 10, Air Programs Development Section (AT-082),
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, EPA, 401 M Street, SW., Washington, DC 20460. Copies of
material submitted to EPA may be examined during normal business hours
at the following locations: EPA, Region 10, Air Programs Development
Section, 1200 Sixth Avenue, Seattle, Washington 98101, and the
Washington State Department of Ecology, 300 Desmond Drive, Olympia,
Washington 98504.
FOR FURTHER INFORMATION CONTACT: Stephanie Cooper, EPA, Region 10, Air
Programs Development Section (AT-082), Seattle, Washington 98101, (206)
553-6917.
SUPPLEMENTARY INFORMATION:
I. Background
The air quality planning and SIP requirements for ozone
nonattainment and transport areas are set out in subparts I and II of
part D of title I of the Clean Air Act, as amended by the Clean Air Act
Amendments of 1990 (CAA or ``the Act''). EPA has published a ``General
Preamble'' describing EPA's preliminary views on how EPA intends to
review SIPs and SIP revisions submitted under title I of the CAA,
including those State submittals for ozone transport areas within the
States (see 57 FR 13498 (April 16, 1992) (``SIP: General Preamble for
the Implementation of Title I of the Clean Air Act Amendments of
1990''), 57 FR 18070 (April 28, 1992) (``Appendices to the General
Preamble''), and 57 FR 55620 (November 25, 1992) (``SIP: NOx
Supplement to the General Preamble'')).
EPA has also issued a draft guidance document describing the
requirements for the emission statement programs discussed in this
document, entitled ``Guidance on the Implementation of an Emission
Statement Program'' (July, 1992). The Agency is also conducting a
rulemaking process to modify part 40 of the CFR to reflect the
requirements of the emission statement program.
Section 182 of the Act sets out a graduated control program for
ozone nonattainment areas. Section 182(a) sets out requirements
applicable in marginal nonattainment areas, which are also made
applicable in subsections (b), (c), (d), and (e) to all other ozone
nonattainment areas. Among the requirements in section 182(a) is a
program in paragraph (3) of that subsection for stationary sources to
prepare and submit to the State each year emission statements showing
actual emissions of volatile organic compounds (VOC) and nitrogen
oxides (NOx). This paragraph provides that the States are to
submit a revision to their SIPs by November 15, 1992 establishing this
emission statement program.
The CAA requires facilities to submit the first emission statement
to the State within three years after November 15, 1990, and annually
thereafter. EPA requests that the States submit the emission data to
EPA through the Aerometric Information Retrieval System (AIRS). The
minimum emission statement data should include: certification of data
accuracy; source identification information; operating schedule;
emissions information (to include annual and typical ozone season day
emissions); control equipment information; and process data. EPA
developed emission statements data elements to be consistent with other
source and State reporting requirements. This consistency is essential
to assist States with quality assurance for emission estimates and to
facilitate consolidation of all EPA reporting requirements.
In addition to the submission of the emission statement data to
AIRS, States should provide EPA with a status report that outlines the
degree of compliance with the emissions statement program. Beginning
July 1, 1993, States should report quarterly to EPA the total number of
sources affected by the emission statement provisions, the number that
have complied with the provisions, and the number that have not. This
status report should also include the total annual and typical ozone
season day emissions from all reporting sources, both corrected and
non-corrected for rule-effectiveness (RE). States should include in
their status report a list of sources that are delinquent in submitting
their emission statement and that emit 500 tons per year (tpy) or more
of VOC or 2500 tpy or more of NOx. This report should be a
quarterly submittal until all the regulated sources have complied for
the reporting year. Suggested submittal dates for the quarterly status
reports are July 1, October 1, January 1, and April 1.
II. Analysis of State Submission
There are several key general and specific components of an
acceptable emission statement program. Specifically, the State must
submit a revision to its SIP and the emission statement program must
meet the minimum requirements for reporting by the sources and the
State. In general, the program must include, at a minimum, provisions
for applicability, definitions, compliance, and specific source
requirements detailed below.
A. Procedural Background
The Act requires States to observe certain procedural requirements
in developing its SIP, of which the emission statement program will
become a part. Sections 110(a)(l) and 110(a)(2) of the Act provide that
each implementation plan submitted by a State must be adopted after
reasonable notice and public hearing.
The State of Washington held a public hearing on January 5, 1993 in
Vancouver, and January 6, 1993 in SeaTac to solicit public comment on
the implementation plan for the Vancouver Air Quality Maintenance Area
and the Central Puget Sound Ozone Nonattainment Areas, respectively.
Following the public hearing, the plan was signed by the Director of
the Washington State Department of Ecology (the Governor's designee) on
January 22, 1993. EPA received an official revision to the SIP on
January 28, 1993 which supersedes the SIP submittal of November 16,
1992. Additionally, replacement pages were submitted July 5, 1994 to
clarify which sources are subject to the emission statement program.
The SIP revision was reviewed by EPA to determine completeness
shortly after its submittal, in accordance with the completeness the
criteria set out at 40 CFR part 51, appendix V (1991), as amended by 57
FR 42216 (August 26, 1991). A letter dated April 8, 1993 was forwarded
to the Governor indicating the completeness of the submittal and the
next steps to be taken in the review process. In today's action, EPA
approves Washington's emission statement program SIP submittal and
invites public comment on the action.
B. Components of Emission Statement Program
1. Program Elements
Washington's emission statement program includes provisions
covering applicability of the regulations, definitions for key terms
used in the regulations, a compliance schedule for sources covered by
the regulations, and the specific reporting requirements for sources.
Under Washington State law, the Revised Code of Washington (RCW)
sections 70.94.141 and 70.94.331 authorize Ecology and local
authorities to ``require access to records, books, files, and other
information specific to the control, recovery, or release of air
contaminants into the atmosphere.'' The Washington Administrative Code
(WAC) 173-400-105 states that ``the owner or operator of a source shall
upon notification by the director of Ecology, maintain records ...
deemed necessary to determine whether the source is in compliance with
applicable emission limitations and control measures.''
2. Reporting Requirements for Sources
In accordance with the Act, Washington's emission statement program
requires sources to submit certification that the information is
accurate to the best knowledge of the individual certifying the
statement, source identification information, operating information,
process rate data, control equipment information, and emissions
information.
3. Reporting Requirements for State
Washington's emission statement program includes a provision for
the State to provide the identifying information for the sources
covered by the emission statement program, the value for rule
effectiveness utilized by the State in its SIP calculations, the source
data elements entered into AIRS, and quarterly emission statement
status reports. The quarterly reports should show the total number of
facilities that met the State's emission statements program
requirements and the number of facilities that failed to meet the
requirements. Washington has submitted quarterly emissions statement
status reports since July 1, 1993. The emissions statement status
reports contain all required data elements. Ecology and the local air
pollution control authorities require emission statement data for the
annual emission inventory update.
4. Sources Covered
Section 182(a)(3)(B) of the Act requires that States with areas
designated as nonattainment for ozone (O3) require emission
statement data from sources of volatile organic compounds (VOC) or
oxides of nitrogen (NOx) in the nonattainment areas. Washington's
Emission Statement Program applies the source reporting requirements as
outlined in EPA's ``Draft Guidance on the Implementation of an Emission
Statement Program.'' Sources subject to this requirement are: (1)
Sources in O3 nonattainment areas that emit 25 (tpy) or more of NOx;
and (2) sources in O3 nonattainment areas that emit 25 tpy or more of
VOC. Additionally, if a source emits at least the minimum established
reporting level of VOC or NOx (for example, 25 tpy or more in an O3
nonattainment area), and the other pollutant is emitted at less than 25
tpy, then the other pollutant should also be included in the emission
statement.
5. Enforceability Issues
All measures and other elements in the SIP must be enforceable by
the State and EPA. The EPA criteria addressing the enforceability of
SIPs and SIP revisions were stated in a September 23, 1987 memorandum
(with attachments) from J. Craig Potter, Assistant Administrator for
Air and Radiation, et al. (see 57 FR 13541). SIP provisions must also
contain a program that provides for enforcement of the control measures
and other elements in the SIP (see section 110(a)(2)(C) of the Act).
The State of Washington has a program in its SIP that will ensure
that the requirements of sections 182(a)(3)(B), 182(f), and 184(b)(2)
of the Act for emission statement measures contained in the SIP are
adequately enforced. Submission of emission statement data is enforced
through the Southwest Air Pollution Control Authority (SWAPCA) and the
Puget Sound Air Pollution Control Agency (PSAPCA). PSAPCA requires
submission by April 15 of each year, and SWAPCA requires submission by
March 15 of each year. EPA expects that the state's existing air
enforcement program will be adequate.
III. Final Action
Section 110(k) of the Act sets out provisions governing EPA's
review of SIP submittals (see 57 FR 13565-13566). In this action, EPA
is granting approval of the emission statement plan revision submitted
to EPA on January 28, 1993 because it meets all of the applicable
requirements of the CAA.
IV. Administrative Review
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 economic 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
Clean Air Act 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 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. U.S. E.P.A. , 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
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 become
effective on November 14, 1994 unless, by October 12, 1994, adverse or
critical comments are received.
Nothing is 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 SIP shall be considered separately in light of specific technical,
economic and environmental factors and in relation to relevant
statutory and regulatory requirements.
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The OMB has exempted this regulatory action from
E.O. 12866 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 November 14, 1994. 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 bechallenged later in proceedings
to enforce its requirements. (See 42 U.S.C. 7607(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Oxides of nitrogen, Nitrogen dioxide,
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: August 25, 1994.
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)(46) to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(46) On January 28, 1993 the State of Washington submitted a SIP
revision for the purpose of implementing an emission statement program
for stationary sources within the Vancouver Air Quality Maintenance
Area and the Central Puget Sound Ozone Nonattainment Area. The
implementation plan was submitted by the State to satisfy the Federal
requirements for an emission statement program as part of the SIP for
Washington State.
(i) Incorporation by reference.
(A) Letters dated January 22, 1993 from the Director of the
Washington Department of Ecology to EPA Region 10 amending the
Washington SIP for both the Vancouver and Central Puget Sound areas.
(B) ``Supplement to the SIP for Washington State, A Plan for
Attaining and Maintaining National Ambient Air Quality Standards for
Ozone in Central Puget Sound,'' sections 6.0, 6.1, and 6.2, adopted
January 22, 1993.
(C) ``Supplement to the SIP for Washington State, A Plan for
Attaining and Maintaining National Ambient Air Quality Standards for
Ozone in the Vancouver Air Quality Maintenance Area,'' sections 7.0,
7.1, 7.2, and 7.3, adopted January 22, 1993.
* * * * *
[FR Doc. 94-22400 Filed 9-9-94; 8:45 am]
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