[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Rules and Regulations]
[Pages 49688-49690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24051]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WA56-7131a; FRL-5603-7]


Approval and Promulgation of Implementation Plans: Washington

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving in part 
several minor revisions to the State of Washington Implementation Plan 
(SIP) and, at the same time, taking no action on two sections of these 
revisions which are unrelated to the purposes of the SIP. Pursuant to 
section 110(a) of the Clean Air Act (CAA), the Director of the 
Washington Department of Ecology (WDOE) submitted a request to EPA

[[Page 49689]]

dated May 24, 1996 to revise certain sections of a local air pollution 
control agency (the Puget Sound Air Pollution Control Agency) 
regulations.

DATES: This action is effective on November 22, 1996, unless adverse or 
critical comments are received by October 23, 1996. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Copies of the SIP revision request and other information 
supporting this action are available for inspection during normal 
business hours at the following locations: EPA, Office of Air Quality 
(OAQ)-207), 1200 Sixth Avenue, Seattle, Washington 98101; and 
Washington State Department of Ecology, 300 Desmond Drive, Lacey, 
Washington 98504.

FOR FURTHER INFORMATION CONTACT: Tamara Langton, Office of Air Quality 
(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-2709.

SUPPLEMENTARY INFORMATION:

I. Discussion of Submittal

    The WDOE May 24, 1996 submittal consists of minor amendments to the 
Puget Sound Air Pollution Control Agency (PSAPCA) Regulations I and 
III. Regulation I is being amended to be consistent with the state 
agricultural burning regulations and to allow training fires and fire 
extinguisher training by rule rather than by PSAPCA's formal written 
approval. The amendments to Regulation I were adopted by PSAPCA on 
February 8, 1996, and became effective on March 14, 1996. During the 
period offered by PSAPCA for public comments, no public testimony was 
offered.
    Regulation III is being amended to include new monitoring and 
recordkeeping requirements for perchloroethylene dry cleaning 
operations. This amendment to Regulation III was adopted by PSAPCA on 
November 8, 1995, and became effective on December 14, 1995. Again, 
there were no public comments submitted by the public.
    The above two minor amendments to Regulation I and III continue to 
provide clarity to revised sections and overall strengthening measures 
for the control of ozone within the affected nonattainment areas and, 
generally, the control of particulate matter.
    The PSAPCA amendments submitted by WDOE for inclusion into the SIP 
are local air pollution regulations which are at least as stringent as 
the statewide rules of WDOE. EPA has determined that these minor SIP 
revisions comply with all applicable requirements of the CAA and EPA 
policy and regulations concerning such revisions.

II. Summary of Today's Action

    EPA is, by today's action, approving in part Regulation I, Article 
8, Outdoor Fires, sections 8.02 and 8.05, and Regulation III, Article 
3, Source-Specific Emission Standards, section 3.03; deleting 
Regulation I, Article 8, section 8.01, Policy for Outdoor Fires; and, 
taking no action in part on Regulation I, Article 8, Outdoor Fires, 
sections 8.07 (Fire Extinguisher Training) and 8.08 (Fire Department 
Training Exercises) as these revisions are not directly related to the 
criteria pollutants regulated under the SIP.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment to the SIP 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 November 22, 1996, unless, by October 23, 1996, 
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 notice 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 November 22, 1996.
    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.

III. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    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. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements.

[[Page 49690]]

Accordingly, no additional costs to State, local, or tribal 
governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial 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 22, 1996. 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

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: August 19, 1996.
Charles Findley,
Acting Regional Administrator.

    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.

    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) (65) to read 
as follows:


Sec. 52.2470  Identification of plan.

* * * * *
    (c) * * *
    (65) Several minor revisions consisting of amended regulations 
affecting a local air agency, the Puget Sound Air Pollution Control 
Agency, were submitted to EPA from the Washington State Department of 
Ecology for inclusion into the Washington State Implementation Plan.
    (i) Incorporation by reference.
    (A) Letter dated May 24, 1996 from the Director of the Washington 
State Department of Ecology to the EPA Regional Administrator 
submitting revisions to the Puget Sound Air Pollution Control Agency 
regulations for inclusion into the State Implementation Plan: Puget 
Sound Air Pollution Control Agency, Regulation I, Article 8, Outdoor 
Fires, sections 8.02, Outdoor Fires-Prohibited Types, and 8.05, 
Agricultural Burning, effective 3/14/96; Puget Sound Air Pollution 
Control Agency, Regulation III, Article 3, Source-Specific Emission 
Standards, section 3.03, Perchloroethylene Dry Cleaners, effective 12/
14/95.

[FR Doc. 96-24051 Filed 9-20-96; 8:45 am]
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