[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50713-50715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24526]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA49-1-7122; WA37-1-6853; OR52-1-7267; FRL-5601-6]
Approval and Promulgation of Implementation Plans: Washington and
Oregon
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to procedures described in the January 19, 1989
Federal Register, EPA recently approved a number of minor State
Implementation Plan (SIP) revisions submitted by the Washington
Department of Ecology (WDOE) and the Oregon Department of Environmental
Quality (ODEQ). These revisions included; local air pollution control
regulations submitted by WDOE from the Puget Sound Air Pollution
Control Agency (PSAPCA) which adjust civil penalty and registration fee
amounts to cover program costs and which update delegations for Federal
New Source Performance Standards (NSPS) and National Emission Standard
for Hazardous Air Pollutants (NESHAPS); the repeal of two WDOE
regulations which have no adverse impact on air quality; and a revision
from ODEQ to better define existing air quality control regions and
nonattainment and maintenance areas of Oregon (the revision did not
change any existing boundaries). This document lists the revisions EPA
approved and incorporates the relevant material into the Code of
Federal Regulations.
EFFECTIVE DATE: September 27, 1996.
ADDRESSES: Copies of Washington's and Oregon's State SIP revision
requests and EPA's letter notices of approval are available for public
inspection during normal business hours at the following locations:
EPA, Region 10, Office of Air Quality, 1200 Sixth Avenue, Seattle, WA
98101; WDOE, 300 Desmond Drive, Lacey, WA 98504-8711; and ODEQ, 811 SW
6th Ave., Portland, OR 97204-1390.
FOR FURTHER INFORMATION CONTACT: Montel Livingston, Office of Air
Quality, EPA, Seattle, WA, (206) 553-0180.
SUPPLEMENTARY INFORMATION: EPA Region 10 has approved the following
minor SIP revision requests under section 110(a) of the Act:
------------------------------------------------------------------------
Date of Date of
State Subject matter submission approval
------------------------------------------------------------------------
WA............ Amendment to SIP 12-27-95 1-25-96
affecting PSAPCA's
regulation I and
regulation II--adjusts
civil penalty and
registration fee
amounts for inflation,
and updates delegation
of federal NSPS and
NESHAPS.
WA............ Amendment to SIP to 1-26-95 3-20-96
repeal two state
regulations: Chapter
173-402 and Chapter 173-
440.
OR............ Amendment to SIP which 9-20-95 2-29-96
better defines the air
quality control regions
and nonattainment and
maintenance areas of
Oregon.
------------------------------------------------------------------------
[[Page 50714]]
The repeal request from WDOE affected two state regulations,
Chapter 173-402 WAC Civil Sanctions under Washington Clean Air Act, and
Chapter 173-440 WAC Sensitive Areas. The repeal of Chapter 173-402 WAC
did not affect the state of the law, and the repeal of Chapter 173-440
WAC did not have an adverse impact on air quality as a result of
emission increases at affected wigwam burners.
EPA has determined that each of these SIP revisions complies with
all applicable requirements of the Act and EPA policy and regulations
concerning such revisions. Due to the minor nature of these revisions,
EPA concluded that conducting notice-and-comment rulemaking prior to
approving the revisions would have been ``unnecessary and contrary to
the public interest,'' and hence, was not required by the
Administrative Procedure Act, 5 U.S.C. section 553(b). Each of these
SIP approvals became final and effective on the date of EPA approval as
listed in the chart above.
Administrative Requirements
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.
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
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, the
Administrator certifies 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 flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
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
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. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
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).
Petitions for Judicial Review
Under section 307(b)(1) of the Act, as amended, judicial review of
this action is available only by filing a petition for review in the
United States Court of Appeals for the appropriate circuit by November
26, 1996. These actions may not be challenged later in proceedings to
enforce their requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Reporting and recordkeeping requirements.
Dated: August 15, 1996.
Charles Findley,
Acting Regional Administrator.
Note: Incorporation by reference of the Implementation Plans for
the States of Washington and Oregon were approved by the Director of
the Office of Federal Register on July 1, 1982.
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)(64) to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(64) Minor revisions consisting of amended regulations affecting
WDOE and a local air agency, PSAPCA, were submitted to EPA from WDOE
for inclusion into the Washington SIP.
(i) Incorporation by Reference.
(A) Letters dated January 26, 1995 and December 27, 1995 from the
Director of the WDOE to the EPA Regional Administrator which included
deletion of two regulations from the Washington SIP (Chapter 173-402
WAC Civil Sanctions under Washington Clean Air Act, and Chapter 173-440
WAC Sensitive Areas), adopted on February 1, 1995, and the following
revisions to PSAPCA's regulations for inclusion into the SIP:
Regulation I, Section 3.11 Civil Penalties, Section 5.07 Registration
Fees, and Section 5.11 Registration of Oxygenated Gasoline Blenders;
and Regulation III, Section 1.01 Policy, all adopted on September 14,
1995.
Subpart MM--Oregon
2. Section 52.1970 is amended by adding paragraph (c)(115) to read
as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(115) A minor revision consisting of clarification of existing air
quality control regions and nonattainment and
[[Page 50715]]
maintenance areas of Oregon (the revision did not change any existing
boundaries) was submitted to EPA from ODEQ for inclusion into the
Oregon SIP.
(i) Incorporation by Reference.
(A) Letter dated September 20, 1995 from the Director of the ODEQ
to the EPA Regional Administrator submitting a revision to better
define Oregon's existing air quality boundaries found in State
regulations OAR 340-23-065 through 340-23-075 (Rules for Open Burning),
OAR 340-31-120 (Air Pollution Control Standards for Air Purity and
Quality), and OAR 340-31-500 through 340-31-530 (The Air Quality
Control Regions and Nonattainment and Maintenance Areas of Oregon),
effective May 25, 1995.
[FR Doc. 96-24526 Filed 9-26-96; 8:45 am]
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