[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Rules and Regulations]
[Pages 9778-9780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3862]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA24-1-6519a; FRL-5143-7]


Approval and Promulgation of Implementation Plans; Washington

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) approves certain 
regulations of the Northwest Air Pollution Authority (NWAPA) for the 
control of air pollution in Island, Skagit, and Whatcom Counties, 
Washington, as revisions to the Washington State Implementation Plan 
(SIP). These regulations were submitted by the Director of the 
Washington State Department of Ecology (WDOE) on January 10, 1994. In 
accordance with Washington statutes, NWAPA rules must be at least as 
stringent as the WDOE statewide rules.

DATES: This final rule will be effective on April 24, 1995 unless 
adverse or critical comments are received by March 24, 1995. 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, Air Programs Branch (AT-082), EPA, 
Docket # WA24-1-6519, 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, D.C. 20460. Copies of material submitted 
to EPA may be examined during normal business hours at the following 
locations: EPA, Region 10, Air Programs Branch, 1200 Sixth Avenue (AT-
082), Seattle, Washington 98101, and Washington Department of Ecology, 
PO Box 47600, Olympia, Washington 98504.

FOR FURTHER INFORMATION CONTACT: Stephanie Cooper, Air Programs Branch 
(AT-082), EPA, Region 10, Seattle, Washington 98101, (206) 553-6917.

SUPPLEMENTARY INFORMATION

I. Background

    On January 10, 1994, the Director of WDOE submitted to EPA Region 
10 revised and updated regulations for NWAPA affecting Island, Skagit, 
and Whatcom Counties. NWAPA and WDOE held joint public hearings on 
April 14, 1993 and September 8, 1993, to receive public comment on the 
revisions to NWAPA's rules and the submittal to EPA as a revision to 
the Washington SIP.
    These regulations cover such subjects as the adoption of State laws 
and rules, criminal and civil penalties, notice of construction 
procedures, registration classes, volatile organic compounds (VOC) 
controls, and others (please see Description of Plan Revisions, below). 
NWAPA requested that the WDOE submit these additions for incorporation 
into the Washington State SIP in an effort to prepare NWAPA for 
implementation of the operating permit program. EPA granted interim 
approval to NWAPA's operating permit program effective December 9, 
1994. See 59 FR 55813 (November 9, 1994).

II. Description of Plan Revisions

    The NWAPA amendments submitted by WDOE on January 12, 1994 for 
inclusion into the Washington SIP are local air pollution regulations 
which WDOE has certified are at least as stringent as the statewide 
rules of the WDOE. This rulemaking action approves portions of NWAPA's 
regulations related to the control of criteria pollutants under section 
110 of the Act. EPA is taking no action on certain other portions of 
NWAPA's regulation. In this rulemaking, EPA is approving the following 
sections:

100  Name of Authority
101  Short Title
102  Policy
103  Duties and Powers
104.1  Adoption of State Laws and Rules
105  Separability
106  Public Records
110  Investigation and Studies
111  Interference or Obstruction
112  False and Misleading Oral Statement--Unlawful Reproduction or 
Alteration of Documents
113  Service of Notice
114  Confidential Information
120  Hearings
121  Orders
122  Appeals from Orders or Violations
123  Status of Orders on Appeal
124  Display of Orders, Certificates, and other Notices--Removal or 
Mutilation Prohibited
130  Citations--Notices
131  Violation--Notices
132  Criminal Penalty
133  Civil Penalty
134  Restraining Orders--Injunctions
135  Additional Enforcement--Compliance Schedules
140  Reporting by Government Agencies
145  Motor Vehicle Owner Responsibility
150  Pollutant Disclosure--Reporting by Air Contaminant Sources
180  Sampling and Analytical Methods/References
200  Definitions
300  Notice of Construction when Required
301  Information Required for Notice of Construction and Application 
for Approval, Public Notice, Public Hearing
302  Issuance of Approval or Order
303  Notice of Completion--Notice of Violation
310  Approval to Operate Required
320  Registration Required
321  General Requirements for Registration
322  Exemptions from Registration
323  Classes of Registration
324  Fees (except for section 324.121)
325  Transfer
340  Report of Breakdown and Upset
341  Schedule Report of Shutdown or Startup
342  Operation and Maintenance
360  Testing and Sampling
365  Monitoring
366  Instrument Calibration
400  Ambient Air Standards--Forward
401  Suspended Particulate Standards (PM-10)
410  Sulfur Oxide Standards
420  Carbon Monoxide Standards
421  Nitrogen Oxide Standards
424  Ozone Standard
450  Emission Standards--Forward
451  Emission of Air Contaminant--Visual Standard
452  Motor Vehicle Visual Standards (except for section 452.5.)
455  Emission of Particulate Matter
458  Incinerators--Wood Waste Burners
460  Weight/Heat Rate Standard--Emission of Sulfur Compounds
462  Emission of Sulfur Compounds
466  Portland Cement Plants [[Page 9779]] 
510  Incinerator Burning
520  Sulfur Compounds in Fuel
550  Preventing Particulate Matter from Becoming Airborne
560  Storage of Organic Liquid
580  Volatile Organic Compound Control

    The following discussion highlights elements of NWAPA's rules that 
EPA is approving: Section 104.1--Adoption of State Laws and Rules, 
allows NWAPA to position itself as the primary enforcement agency for 
the three counties under its jurisdiction. Sections 132 and 133--
Criminal Penalty and Civil Penalty, respectively, reflect changes in 
Washington's Clean Air Act. Maximum fines have increased from $1,000 to 
$10,000, and civil penalties have been adjusted based on the consumer 
price index. Timely submittal of information on emissions is the 
subject of Section 150, which states that if industries do not comply 
in a timely fashion, fees will be based on potential rather than actual 
emissions. Sections 300 through 310 establish a preconstruction review 
program which requires the submittal of a ``Notice of Construction and 
Application for Approval'' and receipt of an ``Order of Approval'' 
prior to the construction or modification of most air contaminant 
sources. An ``Order of Approval'' will be issued after public notice 
and opportunity for comment, if applicable, provided the new or 
modified source complies with all applicable State and Federal 
requirements. Note, however, that the NWAPA regulations do not contain 
any provisions to implement the major source permitting requirements of 
Title I, Part C, and Part D of the Act. There are currently no 
nonattainment areas in NWAPA's jurisdiction and the WDOE implements the 
Part C ``Prevention of Significant Deterioration'' permit program under 
a delegation from EPA. Sections 320 through 325 require the 
registration of air contaminant sources, and impose an annual 
registration fee and other fees to cover the costs of regulating 
sources. ``Preventing Particulate Matter from Becoming Airborne,'' 
Section 550, aims at preventing material from being deposited in public 
roadways that may result in fugitive dust problems. Volatile organic 
compounds (VOCs) are controlled by Section 580, which establishes BACT 
for all new VOC sources. This section covers petroleum refineries, high 
vapor pressure volatile organic compound storage tanks, gasoline 
loading terminals, bulk gasoline plants, gasoline stations, cutback 
asphalt paving, petroleum refinery equipment leaks, high vapor pressure 
volatile organic compound storage in external floating roof tanks, 
leaks from gasoline transport tanks and vapor control systems.
    Finally, EPA is taking no action on the following sections which 
were included in the January 10, 1994 submittal but do not relate to 
the control of criteria air pollutants under section 110 of the Act.

104.2  Adoption of Federal rules
312  Environmental Policy Guidelines
324.121  Fees (operating permits)
326  Operating Permits
350  Variances
402  Particulate Fallout Standards
426  Hydrocarbons
428  Hazardous Air Pollutants
452.5  Motor vehicle standards for odor
465  Sulfuric Acid Plants
470  Fluorides
600 to 603  Objectives and Planning Criteria


    In its January 10, 1994 submission, NWAPA did not submit its rules 
regarding open burning (Section 501--Outdoor Burning; Section 504--
Outdoor Fires--Grass Seed Fields; Section 511--Refuse Burning 
Equipment--Time Restriction) and for concealment and masking (Section 
540--Emission of Air Contaminant--Concealment and Masking) for 
inclusion in the SIP. Therefore, the statewide rules for open burning 
and concealment and masking apply within NWAPA's jurisdiction.

III. Summary of EPA Action

    In this action, EPA approves the following sections of the NWAPA 
rules as revisions to the Washington SIP: 100, 101, 102, 103, 104.1, 
105, 106, 110, 111, 112, 113, 114, 120, 121, 122, 123, 124, 130, 131, 
132, 133, 134, 135, 140, 145, 150, 180, 200, 300, 301, 302, 303, 310, 
320, 321, 322, 323, 324, 325, 340, 341, 342, 360, 365, 366, 400, 401, 
410, 420, 421, 424, 450, 451, 452 (except for 452.5.), 455, 458, 460, 
462, 466, 510, 520, 550, 560, and 580.

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 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. 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 be 
effective April 24, 1995 unless, by March 24, 1995, 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 April 24, 1995.
    The EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments enacted on November 15, 1990. The EPA has determined 
that this action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. 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 3 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 [[Page 9780]] this action must be filed in the 
United States Court of Appeals for the appropriate circuit by April 24, 
1995. 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

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Ozone, 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: January 9, 1995.
Chuck Clarke,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:
    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) (50) to read 
as follows:


Sec. 52.2470  Identification of plan.

* * * * *
    (c) * * *
    (50) By a letter dated December 29, 1993, the Director of WDOE 
submitted to the Regional Administrator of EPA a revision to the 
Washington SIP updating the regulations from the Northwest Air 
Pollution Authority.
    (i) Incorporation by reference.
    (A) The December 29, 1993 letter from the Director of the 
Washington State Department of Ecology submitting the Northwest Air 
Pollution Authority Regulations as a revision to the Washington SIP.
    (B) Regulations of the Northwest Air Pollution Authority--sections 
100, 101, 102, 103, 104.1, 105, 106, 110, 111, 112, 113, 114, 120, 121, 
122, 123, 124, 130, 131, 132, 133, 134, 135, 140, 145, 150, 180, 200, 
300, 301, 302, 303, 310, 320, 321, 322, 323, 324, 325, 340, 341, 342, 
360, 365, 366, 400, 401, 410, 420, 421, 424, 450, 451, 452 (except for 
452.5.), 455, 458, 460, 462, 466, 510, 520, 550, 560, and 580, 
effective on September 8, 1993.

[FR Doc. 95-3862 Filed 2-21-95; 8:45 am]
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