[Federal Register Volume 62, Number 151 (Wednesday, August 6, 1997)]
[Rules and Regulations]
[Pages 42216-42217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20664]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA61-7136, WA64-7139a; FRL-5869-8]


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 in part several 
minor revisions to the state of Washington Implementation Plan (SIP). 
Pursuant to section 110 (a) of the Clean Air Act (CAA), the Director of 
the Washington Department of Ecology (WDOE) submitted two requests to 
EPA dated November 25, 1996 and April 7, 1997 to revise the SIP for 
certain regulations of a local air pollution control agency, the Puget 
Sound Air Pollution Control Agency (PSAPCA).

DATES: This action is effective on October 6, 1997 unless adverse or 
critical comments are received by September 5, 1997. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments should be addressed to: Ms. Montel 
Livingston, SIP Manager, Office of Air Quality (OAQ-107), EPA, 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, Environmental Protection Agency, 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, 
Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 
98101, and WDOE, P.O. Box 47600, Olympia, Washington 98504.

FOR FURTHER INFORMATION CONTACT: Lisa Jacobsen, Office of Air Quality 
(OAQ-107), EPA, Seattle, Washington 98101, (206) 553-6917.

SUPPLEMENTARY INFORMATION:

I. Background

    Two submittals from WDOE dated November 26, 1996 and April 7, 1997, 
were sent to EPA and consisted of minor amendments to PSAPCA 
Regulations I, II, and III.
    The November 26, 1996 minor revisions were adopted by PSAPCA on 
September 12, 1997 after meeting public participation requirements on 
July 11, 1996 and October 10, 1996 and become state effective on 
October 31, 1997.
    Regulation I, section 3.11, Civil Penalties, is amended in 
accordance with state law to adjust maximum penalty amounts for 
inflation and section 3.23, Alternate Means of Compliance, is amended 
to clarify alternate means of compliance. Sections 5.02, 5.03, 5.05, 
5.07, 6.03, and 6.04 are amended to include updates reflecting state 
law regarding registration and to adjust the fees covering the program 
costs. A new Sec. 7.09, General Reporting Standards, adds applicable 
reporting requirements to the operating permits section. Section 5.08, 
Shut Down Sources; and 5.11, Registration of Oxygenated Gasoline 
Blenders, were repealed because they are no longer needed. On October 
11, 1996, EPA formally redesignated the Central Puget Sound CO 
nonattainment area to attainment, and approved a maintenance plan which 
will ensure that the Central Puget Sound area remains in attainment for 
CO. The maintenance plan removes the requirement for oxygenated fuel 
during the CO season but incorporates the requirement for the use of 
oxygenated fuel as a contingency measure in the event of a violation of 
the CO national ambient air quality standard.
    Regulation II, section 2.09, the elimination of the oxygenated 
gasoline contingency measure and fee schedule, was approved by EPA in 
an earlier action (62 FR 23363-23365) on April 30, 1997.
    Regulation III section 4.03 is amended to clarify existing language 
and to increase fees to cover the costs of administering the program.
    The April 7, 1997 submittal was adopted by PSAPCA after meeting 
public participation requirements on December 12, 1996 and became state 
effective January 15, 1997.
    Regulation I, section 5.03 was amended to clarify the registration 
requirements. Section 6.04 was amended for clarification of the Notice 
of Construction.
    Regulation III, sections 1.11, 2.01, and 2.05 were amended for 
clarification of requirements when dealing with Toxic Air Contaminants.

II. Summary of Action

    EPA is, by today's action, approving the following revisions 
submitted by WDOE on November 26, 1996 and April 7, 1997 as amendments 
to the regulations of PSAPCA and for inclusion into the SIP:

Regulation I

 Section 3.11, Civil Penalties
 Section 3.23, Alternate Means of Compliance
 Section 5.02, Definitions and Components of Registration 
Program
 Section 5.03, Registration Required
 Section 5.05, General Requirements for Registration
 Section 5.07, Registration Fees
 Section 6.03, Notice of Construction
 Section 6.04, Notice of Construction Review Fees
 Section 7.09, General Reporting Requirements

Regulation III

 Section 1.11, Reporting Requirements
 Section 2.01, Applicability
 Section 2.05, Sources of Toxic Air Contaminants
    EPA approves the following deletions from the SIP:

Regulation I

     Section 5.08, Shut Down Sources
     Section 5.11, Registration of Oxygenated Gasoline Blenders
    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 October 6, 1997 unless, by September 5, 1997, 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 October 6, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future

[[Page 42217]]

request for revision to any state implementation plan. Each request for 
revision to the state implementation plan 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

    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. EPA, 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 
requirements. 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 October 6, 1997. 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, Fees, 
Incorporation by reference, Reporting and recordkeeping requirements.

    Dated: July 17, 1997.
Chuck Findley,
Acting 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)(73) to read 
as follows:


Sec. 52.2470  Identification of plan.

* * * * *
    (c) * * *
    (73) On November 26, 1996 and April 7, 1997, the Director of the 
Washington State Department of Ecology (Washington) submitted to the 
Regional Administration of EPA revisions to the State Implementation 
Plan consisting of minor amendments to Puget Sound Air Pollution 
Control Agency (PSAPCA) Regulations I and III.
    (i) Incorporation by reference.
    (A) PSAPCA Regulations approved--Regulation I, Sections 3.11, 3.23, 
5.02, 5.05, 5.07, 6.03, 7.09--State-adopted   9/12/96. Regulation III, 
Section 4.03--State-adopted 9/12/96. Regulation I, Sections 5.03 and 
6.04--State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01, and 
2.05--State-adopted 12/12/96.

[FR Doc. 97-20664 Filed 8-5-97; 8:45 am]
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