[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Rules and Regulations]
[Pages 19658-19659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10399]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WA 66-71741a; FRL-5998-3]


Approval and Promulgation of Implementation Plans: Washington

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

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 (Ecology) submitted a request to 
EPA dated December 30, 1997, to revise certain regulations of a local 
air pollution control agency, namely, the Puget Sound Air Pollution 
Control Agency (PSAPCA).

DATES: This action is effective on June 22, 1998 unless adverse or 
critical comments are received by May 21, 1998. 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, 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: Christi Lee, Washington Operations 
Office, EPA, 300 Desmond Drive, Suite 102, Lacey, Washington 98503, 
(360) 753-9079.

SUPPLEMENTARY INFORMATION:

I. Background

    A submittal from Ecology, dated December 30, 1997, was sent to EPA 
and consisted of minor amendments to PSAPCA Regulation I.
    Ecology and PSAPCA held public hearings on September 11, 1997. The 
minor revisions became effective on November 1, 1997, and were adopted 
by Ecology as part of the Washington State Implementation Plan on 
December 30, 1997.
    Regulation I, section 3.11, Civil Penalties, is amended to adjust 
maximum penalty amounts for inflation. Sections 5.05, 5.07, 6.04, and 
6.10 are amended to include updates to adjust the fees for the 
registration and notice of construction programs in order to cover the 
costs of administering the programs.

II. Summary of Action

    EPA is, by today's action, approving the following revisions 
submitted by Ecology on December 30, 1997, as amendments to the 
regulations of PSAPCA and for inclusion into the SIP: Regulation I.
     Section 3.11, Civil Penalties.
     Section 5.05, General Reporting Requirements for 
Registration.
     Section 5.07, Registration Fees.
     Section 6.04, Notice of Construction Review Fees.
     Section 6.10, Work Done Without an Approval.
    Nothing in 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 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.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective June 
22, 1998 without further notice unless the Agency receives relevant 
adverse comments by May 21, 1998.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule did 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Only parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on June 22, 1998 and no further action will be 
taken on the proposed rule.

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

[[Page 19659]]

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 
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 Comptroller General

    Under 5 U.S.C. 801 et seq., as amended 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 June 22, 1998. 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, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    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: April 6, 1998.
Chuck Clarke,
Regional Administrator, Region X.

    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 et seq.

Subpart WW--Washington

    2. Section 52.2470 is amended by adding paragraph (c) (77) to read 
as follows:


Sec. 52.2470  Identification of plan.

* * * * *
    (c) * * *
    (77) On December 30, 1997, the Director of the Washington State 
Department of Ecology 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) 
Regulation I.
    (i) Incorporation by reference.
    (A) PSAPCA Regulations approved--Regulation I, Sections 3.11, 5.05, 
5.07, 6.04, 6.10--State-adopted 9/11/97.

[FR Doc. 98-10399 Filed 4-20-98; 8:45 am]
BILLING CODE 6560-50-P