[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Rules and Regulations]
[Pages 66054-66062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31240]



[[Page 66054]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-6187-8]


Approval of the Clean Air Act, Section 112(l), Delegation of 
Authority to Three Local Air Agencies in Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and delegation of authority.

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SUMMARY: EPA is promulgating direct final approval of the state of 
Washington Department of Ecology (Ecology) request for program approval 
and delegation of authority for three local agencies in Washington to 
implement and enforce locally-adopted hazardous air pollutant (HAP) 
regulations which adopt by reference the federal National Emission 
Standards for Hazardous Air Pollutants (NESHAP) contained within 40 CFR 
Parts 61 and 63, as these regulations apply to all sources (i.e., both 
Part 70 and non-Part 70 sources). In this action EPA is delegating 
these programs to Ecology for the purpose of redelegating them to three 
local agencies in Washington, consistent with Ecology's statute, the 
Revised Code of Washington (RCW) 70.94.860. EPA is also promulgating 
approval of a mechanism by which these three agencies will receive 
delegation of future NESHAPs; and is waiving its notification 
requirements such that sources will only need to send notifications and 
reports to the delegated local agencies. Additionally, EPA is 
promulgating direct final approval of certain local air agency 
potential-to-emit limiting regulations which will now be recognized as 
federally enforceable.
    The adopted regulations approved as part of this action will be 
implemented and enforced by the following local air authorities within 
the state of Washington: the Northwest Air Pollution Authority (NWAPA); 
the Puget Sound Air Pollution Control Agency (PSAPCA); and the 
Southwest Air Pollution Control Authority (SWAPCA) collectively 
referred to as ``NWAPA, PSAPCA, and SWAPCA.'' (For purposes of this 
action and consistent with RCW 70.94.860, ``delegation to NWAPA, 
PSAPCA, and SWAPCA'' means ``delegation to Ecology for the purpose of 
redelegation to NWAPA, PSAPCA, and SWAPCA''). Delegation to Ecology to 
directly implement 40 CFR Parts 61 and 63 and to redelegate the same 
authority to the remaining four Washington local agencies (the Benton 
Clean Air Authority, the Olympic Air Pollution Control Authority, the 
Spokane County Air Pollution Control Authority, and the Yakima Regional 
Clean Air Authority) is anticipated in the near future and will be the 
subject of a separate rulemaking.

DATES: This action will be effective on February 1, 1999 without 
further notice, unless EPA receives relevant adverse comments by 
December 31, 1998. If EPA receives such comments, then it will publish 
a timely withdrawal in the Federal Register informing the public that 
this direct final rule will not take effect.

ADDRESSES: Comments must be submitted to Doug Hardesty at the Region X 
office listed below. Copies of the requests for delegation and other 
supporting documentation are available for public inspection at the 
following location: U.S. Environmental Protection Agency, Region X, 
Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, WA, 98101.

FOR FURTHER INFORMATION CONTACT: Andrea Wullenweber, US EPA, Region X 
(OAQ-107), 1200 Sixth Avenue, Seattle, WA, 98101, (206) 553-8760.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    Section 112(l) of the federal Clean Air Act (CAA) enables the EPA 
to approve State and local air toxics programs or rules to operate in 
place of the federal air toxics program or rules. The federal air 
toxics program implements the requirements found in section 112 of the 
CAA pertaining to the regulation of hazardous air pollutants. Approval 
of an air toxics program is granted by EPA if the Agency finds that: 
(1) the State (or local) program is ``no less stringent'' than the 
corresponding federal program or rule, (2) the State (or local) has 
adequate authority and resources to implement the program, (3) the 
schedule for implementation and compliance is sufficiently expeditious, 
and (4) the program is otherwise in compliance with federal guidance. 
Once approval is granted, the air toxics program can be implemented and 
enforced by State or local agencies, as well as EPA.
    On February 16, 1996 (see 61 FR 6184), EPA proposed to approve the 
request of Ecology and the Washington local agencies, including NWAPA, 
PSAPCA, and SWAPCA, for delegation of authority to implement and 
enforce certain 40 CFR Parts 61 and 63 NESHAP rules, as they apply to 
Part 70 sources. On August 26, 1996 (see 61 FR 43675), under the 
authority of CAA section 112(l)(5) and 40 CFR 63.91, EPA promulgated 
final interim approval of this request. EPA also promulgated interim 
approval of NWAPA, PSAPCA, and SWAPCA's mechanism for receiving future 
delegation of CAA section 112 standards that are adopted unchanged from 
federal standards as promulgated. Additionally, EPA promulgated interim 
approval of PSAPCA and SWAPCA's potential-to-emit limiting regulations 
to be recognized as federally enforceable.
    In the August 26, 1996, rulemaking, EPA granted only interim 
approval of the request for delegation because EPA determined that the 
criminal authorities under Ecology's statute, RCW 70.94.430, did not 
meet the stringency requirements of 40 CFR 70.11. In this respect, EPA 
retained implementation and enforcement authority for these rules as 
they applied to non-Part 70 sources during the interim period or until 
such time as Ecology and the local agencies could demonstrate that 
their criminal authorities met EPA stringency requirements. Full 
approval has been contingent upon a demonstration that Ecology and the 
local agencies' criminal enforcement authorities are consistent with 
the requirements of 40 CFR 70.11(a), and therefore 40 CFR 63.91(b)(1) 
and (b)(6). Specifically, in the proposed interim approval notice (see 
61 FR 6184), EPA requested the following of Ecology and the local 
agencies:
    (1) Revise RCW 70.94.430 to provide for maximum criminal penalties 
of not less than $10,000 per day per violation, as required by 40 CFR 
70.11(a)(3)(ii),
    (2) Revise RCW 70.94.430 to allow the imposition of criminal 
penalties against any person who knowingly makes any false material 
statement, representation or certification in any form, in any notice 
or report required by a permit, as required by 40 CFR 70.11(a)(3)(iii). 
This provision must include maximum penalties of not less than $10,000 
per day per violation, and
    (3) Revise RCW 70.94.430 to allow the imposition of criminal 
penalties against any person who knowingly renders inaccurate any 
required monitoring device or method, as required by 40 CFR 
70.11(a)(3)(iii). This provision must include maximum penalties of not 
less than $10,000 per day per violation, or
    (4) Demonstrate to the satisfaction of EPA that these authorities 
are consistent with 40 CFR 70.11, and therefore 40 CFR 61.91.
    In response to EPA's request, Ecology submitted a letter dated 
October 7, 1996, that addressed these issues. This documentation 
included a legal memorandum from the Washington State Attorney 
General's Office dated May 23, 1996, explaining how the

[[Page 66055]]

statutory authority in RCW 70.94.430(1) may be interpreted to provide 
the required authority, which satisfied condition 1. In addition, 
Ecology amended the state regulation at Washington Administrative Code 
(WAC) 173-400-105(7) and (8) to include prohibitions against knowingly 
making false statements and knowingly rendering inaccurate any 
monitoring device, thus satisfying requirements 2 and 3. Furthermore, 
in a letter dated February 28, 1997, Ecology provided supporting 
documentation from NWAPA, PSAPCA, and SWAPCA describing how they each 
have addressed these issues. NWAPA and PSAPCA committed to enforcing 
WAC 173-400-105(7) and (8) until such time as they might adopt their 
own equivalent regulations on this subject. SWAPCA is requesting 
delegation based on its local regulation, SWAPCA 400-105(7) and (8), 
which contains the same language as the state rule. Based on 
information provided by Ecology, NWAPA, PSAPCA, and SWAPCA, EPA has 
determined that these actions adequately address the issue of adequate 
criminal authorities needed to meet the requirements of 40 CFR 70.11 
and 61.91, and to obtain final delegation for all sources within NWAPA, 
PSAPCA, and SWAPCA's jurisdiction.
    After resolving the above issues related to criminal authorities, 
this delegation was again delayed due to certain state regulations 
which EPA believed conflicted with the enforcement authorities required 
for delegation of federal programs. The regulation in question was the 
State of Washington's Regulatory Reform Act of 1995 (``Act''), codified 
at Chapter 43.05 RCW. The Act precludes ``regulatory agencies'', as 
defined in RCW 43.05.010, from assessing civil penalties except for a 
violation of a specific permit term or condition; a repeat violation; a 
violation that is not corrected within a reasonable period of time; or 
a violation that has a probability of placing a person in danger of 
death or bodily harm, a probability of causing more than minor 
environmental harm, or of causing physical damage to the property of 
another in excess of one thousand dollars. Counsel for PSAPCA has 
provided EPA with a legal opinion stating that the Act does not apply 
to local air pollution control authorities in Washington because local 
air pollution control authorities are not ``regulatory agencies'' 
within the meaning of the Act. EPA has reviewed the statutory and 
regulatory language relied on by PSAPCA's counsel in reaching this 
conclusion and agrees that the Act does not constrain the enforcement 
authority of local air pollution control authorities and therefore does 
not pose a bar to delegation of CAA programs to local air pollution 
control agencies in Washington.1
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    \1\ As for the Act's applicability to Ecology's enforcement 
authorities, in letters dated June 10, 1997, and November 20, 1997, 
EPA advised Ecology that the Act conflicted with the necessary 
enforcement authority required for authorization or approval of 
federal environmental programs to Ecology. Subsequently, on December 
10, 1997, in accordance with RCW 43.05.902, Ecology formally 
notified the Governor of Washington that a conflict existed between 
the Act and the requirements for State authorization or approval of 
certain federal environmental programs. As a result of the 
determination of an existing conflict, RCW 43.05.040, .050, .060(3), 
and .070, which prohibit the State from issuing civil penalties 
except under certain circumstances, were deemed to be inoperative to 
several State environmental programs administered by the Department 
of Ecology, including the CAA program. In reliance on this 
determination, EPA believes that the conflict between the Act and 
the requirements for EPA approval of Ecology's CAA programs has been 
addressed by rendering inoperative those portions of the Act that 
conflicted with Ecology's required enforcement authorities.
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    In the August 26, 1996, rulemaking, EPA granted interim approval 
for delegation of the regulations implementing CAA sections 112(g) and 
112(j), codified at 40 CFR Part 63, Subpart B. After further review, 
EPA recognizes that Subpart B need not be delegated under the section 
112(l) approval process. When promulgating the regulations implementing 
CAA section 112(g), EPA stated its view that ``the Act directly confers 
on the permitting authority the obligation to implement section 112(g) 
and to adopt a program which conforms to the requirements of this rule. 
Therefore, the permitting authority need not apply for approval under 
section 112(l) in order to use its own program to implement section 
112(g)'' (see 61 FR 68397). Similarly, when promulgating the 
regulations implementing section 112(j), EPA stated its belief that 
``section 112(l) approvals do not have a great deal of overlap with the 
section 112(j) provision, because section 112(j) is designed to use the 
title V permit process as the primary vehicle for establishing 
requirements'' (see 59 FR 26447). Therefore, state or local agencies 
implementing the requirements under sections 112(g) and 112(j) do not 
need approval under section 112(l). As a result, EPA is not taking 
action to grant direct final delegation of 40 CFR Part 63, Subpart B, 
to NWAPA, PSAPCA, and SWAPCA.
    Since the August 26, 1996, rulemaking, Ecology has submitted 
updated delegation requests on behalf of NWAPA, PSAPCA, and SWAPCA. 
Ecology submitted requests on behalf of NWAPA on March 21, 1997, May 5, 
1997, and August 28, 1998, to update NWAPA's delegation request such 
that its current request includes certain subparts in 40 CFR Parts 61 
and 63 in effect on May 14, 1998, as adopted into NWAPA Regulation 
Section 104.2 (effective May 14, 1998). On November 18, 1996 and 
October 27, 1997, Ecology submitted requests on behalf of PSAPCA to 
update its delegation request such that its current request includes 
certain subparts in 40 CFR Parts 61 and 63 in effect on July 1, 1997, 
as adopted into PSAPCA Regulation III, Section 2.02 (effective November 
1, 1997). On February 28, 1997, and May 14, 1998, Ecology submitted 
requests on behalf of SWAPCA to update its delegation request such that 
its current request includes certain subparts in 40 CFR Parts 61 and 63 
in effect on August 1, 1996, as adopted into SWAPCA Regulation 400 
Section 075 (effective November 21, 1996), and to add SWAPCA Regulation 
400 Section 111 to its delegation request for potential-to-emit 
regulations.
    Additionally, Ecology submitted a request on behalf of PSAPCA for 
approval of rule adjustments for 40 CFR Part 63, Subparts M and N 
(Drycleaning and Chromium Electroplating, respectively). The original 
request for the 40 CFR Part 63, Subpart M rule adjustment was dated 
January 16, 1997, with a correction letter dated September 4, 1997. The 
request for the 40 CFR Part 63, Subpart N rule adjustment was dated 
June 26, 1997. Because EPA approval of the requested rule adjustments 
will require a more detailed review under 40 CFR 63.92, EPA will 
address PSAPCA's request for rule adjustments in a separate notice to 
avoid further delay of this delegation.
    NWAPA, PSAPCA, and SWAPCA have also requested that EPA waive the 
Part 63 General Provisions notification requirements, in accordance 
with 40 CFR 63.9 and 63.10, such that sources would not need to send 
notifications and reports to EPA, Region X. Ecology submitted this 
request for PSAPCA in a letter dated January 10, 1997, for NWAPA in a 
letter dated May 5, 1997, and for SWAPCA in a letter dated May 14, 
1998. These three local agencies prefer to be the sole recipient of 
notifications and reports to reduce the burden on sources and EPA.
    Ecology submitted a letter dated July 31, 1998, describing the 
Washington state process for delegating the federal hazardous air 
pollutants program to local agencies in Washington. Pursuant to RCW 
70.94.860, Ecology must first accept delegation of this program on 
behalf of the local agency and then redelegate the program to that 
agency. In

[[Page 66056]]

its July 31, 1998, letter, Ecology included the delegation orders to be 
signed by the local agencies and Ecology. These orders outline this 
redelegation process. Ecology signed the orders for each agency on 
August 4, 1998, and NWAPA, PSAPCA, and SWAPCA signed these orders on 
August 11, 1998, August 14, 1998, and August 12, 1998, respectively. As 
described in these orders, the effective date of the orders is the same 
as the effective date of this rule. Therefore, the delegation to these 
agencies via Ecology will cause no delay in this delegation to NWAPA, 
PSAPCA, and SWAPCA.

II. EPA Action

A. Delegation of specific standards

    In this action, under the authority of CAA section 112(l)(5) and 40 
CFR 63.91, EPA is promulgating direct final approval of Ecology's 
request, on behalf of NWAPA, PSAPCA, and SWAPCA, for program approval 
and delegation of authority to implement and enforce specific 40 CFR 
Parts 61 and 63 subparts, as listed in the tables at the end of this 
rule. Consistent with RCW 70.94.860, EPA is delegating this authority 
to Ecology for the purpose of redelegating to NWAPA, PSAPCA, and 
SWAPCA.
    With this delegation (and redelegation from Ecology) NWAPA, PSAPCA, 
and SWAPCA will have primary implementation and enforcement 
responsibility, but EPA retains the right, pursuant to CAA section 
112(l)(7), to enforce any applicable emission standard or requirement 
under CAA section 112. In addition, EPA does not delegate any 
authorities that require implementation through rulemaking in the 
Federal Register, or where Federal overview is the only way to ensure 
national consistency in the application of the standards or 
requirements of CAA section 112. Specifically, the EPA Administrator 
has the authority to approve certain changes to, or make decisions 
under, certain requirements in the General Provisions. This authority 
is in 40 CFR Part 63, Subpart A. EPA is granting NWAPA, PSAPCA, and 
SWAPCA some of these authorities, and is retaining other authorities, 
as explained below.
    In a memorandum from John Seitz, Office of Air Quality Planning and 
Standards, dated July, 10, 1998, entitled, ``Delegation of 40 CFR Part 
63 General Provisions Authorities to State and Local Air Pollution 
Control Agencies,'' EPA clarified which of the authorities in the 
General Provisions may and may not be delegated to state and local 
agencies under 40 CFR Part 63, Subpart E. Such delegations, as 
authorized, would enable the state or local agency to carry out the 
Administrator's responsibilities in Subpart A. In delegating these 
authorities, EPA is granting NWAPA, PSAPCA, and SWAPCA the authority to 
make decisions which are not likely to be nationally significant or to 
alter the stringency of the underlying standard. The intent is that 
these agencies will make decisions on a source-by-source basis, not on 
a source category-wide basis.
    EPA, Region X, has determined that NWAPA, PSAPCA, and SWAPCA have 
sufficient resources and expertise to implement certain sections of the 
General Provisions, and EPA is promulgating direct final authority for 
these sections. Listed below are the Part 63, Subpart A, sections that 
EPA is delegating to NWAPA, PSAPCA, and SWAPCA. Also, listed in the 
footnotes of the Parts 61 and 63 delegation tables at the end of this 
rule are the authorities which cannot be delegated to any state or 
local agency; which EPA therefore retains.\2\

Part 63, Subpart A, General Provisions Authorities Which EPA Is 
Delegating to NWAPA, PSAPCA, and SWAPCA

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              Section                            Authorities
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63.1..............................  Applicability Determinations.
63.6(e)...........................  Operation and Maintenance
                                     Requirements--Responsibility for
                                     Determining Compliance.
63.6(f)...........................  Compliance with Non-Opacity
                                     Standards--Responsibility for
                                     Determining Compliance.
63.6(h) [except 63.6(h)(9)].......  Compliance with Opacity and Visible
                                     Emissions Standards--Responsibility
                                     for Determining Compliance.
63.7(c)(2)(i) and (d).............  Approval of Site-Specific Test
                                     Plans.
63.7(e)(2)(i).....................  Approval of Minor Alternatives to
                                     Test Methods.
63.7(e)(2)(ii) and (f)............  Approval of Intermediate
                                     Alternatives to Test Methods.
63.7(e)(2)(iii)...................  Approval of Shorter Sampling Times
                                     and Volumes When Necessitated by
                                     Process Variables or Other Factors.
63.7(e)(2)(iv) and (h) (2), (3)...  Waiver of Performance Testing.
63.8(c)(1) and (e)(1).............  Approval of Site-Specific
                                     Performance Evaluation (monitoring)
                                     Test Plans.
63.8(f)...........................  Approval of Minor Alternatives to
                                     Monitoring.
63.8(f)...........................  Approval of Intermediate
                                     Alternatives to Monitoring.
63.9 and 63.10 [except 63.10(f)]..  Approval of Adjustments to Time
                                     Periods for Submitting Reports.
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    In delegating 40 CFR 63.9 and 63.10, ``Approval of Adjustments to 
Time Periods for Submitting Reports,'' these three agencies have the 
authority to approve adjustments to the timing that reports are due, 
but do not have the authority to alter the contents of the reports. For 
Title V sources, semiannual and annual reports are required by Part 70 
and nothing herein changes that requirement.
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    \2\ For authorities which are not addressed in this rulemaking 
and not identified in any Part 61 or 63 Subparts as authorities that 
cannot be delegated, the agencies may assume that the authorities in 
question are delegated.
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    Certain General Provisions authorities are automatically granted to 
NWAPA, PSAPCA, and SWAPCA as part of their Part 70 operating permits 
program approval (regardless of whether the operating permits program 
approval is interim or final). These are 40 CFR 63.6(I)(1), ``Extension 
of Compliance with Emission Standards,'' and 63.5(e) and (f), 
``Approval and Disapproval of Construction and Reconstruction.'' 
3 Additionally, for 40 CFR 63.6(I)(1), NWAPA, PSAPCA, and 
SWAPCA do not need to have been delegated a particular standard or have 
issued a Part 70 operating permit for a particular source to grant that 
source a compliance extension.
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    \3\  Sections 112(I) (1) and (3) state that ``Extension of 
Compliance with Emission Standards'' and ``Approval and Disapproval 
of Construction and Reconstruction'' can be implemented by the 
``Administrator (or a State with a permit program approved under 
Title V).'' EPA interprets that this authority does not require 
delegation through subpart E and, instead, is automatically granted 
to States as part of their Part 70 operating permits program 
approval.
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    EPA is also promulgating direct final approval of PSAPCA Regulation 
I, Article 6, and Regulation III, Appendix A; and, SWAPCA Regulation 
400-091, -110, -111, -112, -113, and -114 under the authority of 
section 112(l) of the Act

[[Page 66057]]

in order to recognize these regulations as federally enforceable for 
purposes of establishing potential-to-emit limitations.
    After a state or local agency has been delegated the authority to 
implement and enforce a NESHAP, the delegated agency (in this case, 
NWAPA, PSAPCA, and SWAPCA) becomes the primary point of contact with 
respect to that NESHAP. Pursuant to 40 CFR 63.9(a)(4)(ii) and 
63.10(a)(4)(ii), EPA Region X waives the requirement that notifications 
and reports for delegated standards be submitted to EPA in addition to 
NWAPA, PSAPCA, and SWAPCA. Therefore, notifications and reports 
required by the NESHAPs must be submitted to NWAPA, PSAPCA, and SWAPCA, 
and sources within those jurisdictions will not need to send a copy to 
EPA.
    In delegating the authority to implement and enforce these rules 
and in granting a waiver of EPA notification requirements, EPA requires 
that these delegated agencies input all source information into the 
Aerometric Information Retrieval System (AIRS) for both point and area 
sources. This information must be entered into the AIRS system by 
September 30, 1999, and must be updated by September 30 every year 
thereafter. Additionally, these delegated agencies must also report to 
EPA, Region X, all MACTRAX information upon request, which is typically 
semiannually. (MACTRAX provides summary data for each implemented 
NESHAP that EPA uses to evaluate the Air Toxics Program.) EPA also 
expects NWAPA, PSAPCA, and SWAPCA to provide any additional compliance 
related information to EPA, Region X, as agreed upon in the Compliance 
Assurance Agreement.
    Finally, in receiving delegation for specific General Provisions 
authorities, NWAPA, PSAPCA, and SWAPCA must submit to EPA, Region X, 
copies of determinations issued pursuant to these authorities. Such 
determinations include: applicability determinations (63.1); approval/
disapprovals of construction and reconstruction [63.5 (e) and (f)]; 
approval/disapprovals of compliance extensions [63.6(I)(1)]; approval 
of shorter sampling times and volumes [63.7(e)(2)(iii)]; waiver of 
performance testing [63.7(e)(2)(iv) and (h)(2), (3)]; approval of 
adjustments to time periods for submitting reports (63.9 and 63.10); 
approvals/disapprovals of minor [63.7(e)(2)(I)] or intermediate 
[63.7(e)(2)(ii) and (f)] alternative test methods; and approvals/
disapprovals of minor or intermediate alternative monitoring methods 
[63.8(f)]. NWAPA, PSAPCA, and SWAPCA must also forward to EPA, Region 
X, copies of any notifications received pursuant to 63.6(h)(7)(ii) 
pertaining to the use of a continuous opacity monitoring system. 
Additionally, EPA's Emission Measurement Center of the Emissions 
Monitoring and Analysis Division must receive copies of any approved 
intermediate changes to test methods or monitoring. (For definitions of 
major, intermediate and minor alternative test methods or monitoring 
methods, see the July 10, 1998, memorandum from John Seitz, referenced 
above.) NWAPA, PSAPCA, and SWAPCA should forward these intermediate 
test methods or monitoring changes via mail or facsimile to: Chief, 
Source Categorization Group A, U.S. EPA (MD-19), Research Triangle 
Park, NC 27711, Facsimile telephone number: (919) 541-1039.

B. Delegation Mechanism for Future Standards

    Under the authority of CAA section 112(l)(5) and 40 CFR 63.91, EPA 
is promulgating direct final approval of NWAPA, PSAPCA, and SWAPCA's 
mechanism for streamlining future delegation of those federal NESHAP 
regulations that are adopted unchanged into local law. In this respect, 
NWAPA, PSAPCA, and SWAPCA will only need to send a letter of request to 
Ecology, and Ecology will forward that request to EPA for those future 
NESHAP regulations which the local agencies have adopted by reference. 
EPA will respond to this request by sending a letter back to Ecology 
(and sending a copy to the local air agency) delegating the NESHAP 
standards requested. Consistent with RCW 70.94.860, Ecology will 
forward the letter to the local agency, thus redelegating the future 
NESHAPs to that agency. No further formal response from Ecology or the 
local agency will be necessary, and if no negative response is received 
from Ecology or the local agency within 10 days, the delegation becomes 
final. A notice of the delegation will be published in the Federal 
Register to inform the public that the delegation has taken place and 
to indicate where source notifications and reports should be sent. 
Furthermore, NWAPA, PSAPCA, and SWAPCA shall update their 
incorporations by reference of 40 CFR Parts 61 and 63 standards and 
request updated delegation annually, as current standards are revised 
and new standards are promulgated.

C. Opportunity for Public Comment

    The public was provided the opportunity to comment on the proposed 
interim approval of the request for delegation of certain 40 CFR Parts 
61 and 63 standards, as apply to Part 70 sources, on February 16, 1996 
(see 61 FR 6184). EPA received public comments on that proposal and 
responded to them in the August 26, 1996, Federal Register (see 61 FR 
43675). The public has not been given an opportunity to comment on 
requests submitted since the February 16, 1996, Federal Register and on 
delegation of these standards as they apply to non-Part 70 sources. 
However, the Agency views the approval of these requests as a 
noncontroversial action and anticipates no adverse comments. Therefore, 
EPA is publishing this direct final rule without prior proposal. 
However, in the Proposed Rules section of this Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal for this action should relevant adverse comments be filed. 
This action will be effective February 1, 1999 without further notice 
unless the Agency receives relevant adverse comments by December 31, 
1998.
    If EPA receives such comments, then it will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. All public comments received 
will then be addressed in a subsequent final rule based on the proposed 
rule. EPA will not institute a second comment period on this rule. Any 
parties interested in commenting on this rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on February 1, 1999 and no further action will 
be taken on the proposed rule.

III. Summary of Action

    Pursuant to the authority of CAA section 112(l) of the Act and 40 
CFR Part 63 subpart E, EPA is promulgating direct final approval of 
Ecology's request, on behalf of NWAPA, PSAPCA, and SWAPCA, for program 
approval and delegation of authority to implement and enforce specific 
40 CFR Parts 61 and 63 federal NESHAP regulations (as apply to both 
Part 70 and non-Part 70 sources) which have been adopted into local 
law. EPA is delegating this authority to Ecology for the purpose of 
redelegating it to NWAPA, PSAPCA, and SWAPCA. Additionally, EPA is 
promulgating direct final approval of the mechanism by which NWAPA, 
PSAPCA, and SWAPCA will receive delegation of future NESHAP regulations 
that are adopted unchanged into local law; and is waiving the 
requirement for sources to send copies of notifications and

[[Page 66058]]

reports to EPA. Finally, EPA is promulgating direct final approval of 
PSAPCA and SWAPCA's potential-to-emit regulations as federally 
enforceable.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under Executive Order (E.O.) 12866, 
entitled ``Regulatory Planning and Review.''
    This rule is not subject to E.O. 13045, entitled, ``Protection of 
Children from Environmental Health Risks and Safety Risks,'' because it 
is not an ``economically significant'' action under E.O. 12866.

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    This rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.''
    This rule does not significantly or uniquely affect the communities 
of Indian tribal governments. This action does not involve or impose 
any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

D. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 600 et seq., 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA 
may certify that the rule will not have a significant economic impact 
on a substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small government 
entities with jurisdiction over populations of less than 50,000.
    Delegation of authority to implement and enforce unchanged federal 
standards under section 112(l) of the CAA does not create any new 
requirements but simply transfers primary implementation authorities to 
the State (or local) agency. Therefore, because this action does not 
impose any new requirements, I certify that it does not have a 
significant impact on any small entities affected.

E. 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 
annual 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 delegation action promulgated does not 
include a Federal mandate that may result in estimated annual 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.

F. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major'' rule as defined by 5 U.S.C. 804(2).

G. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 1, 1999. 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)].

List of Subjects

40 CFR Part 61

    Environmental protection, Air pollution control, Arsenic, Asbestos, 
Benzene, Beryllium, Hazardous substances, Mercury, Reporting and 
recordkeeping requirements, Vinyl Chloride.

[[Page 66059]]

40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: October 29, 1998.
Chuck Clarke,
Regional Administrator, Region X.

    Title 40, chapter I, parts 61 and 63 of the Code of Federal 
Regulations is amended as follows:

PART 61--[AMENDED]

    1. The authority citation for Part 61 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7412, 7413, 7414, 7416, 7601 and 
7602.

Subpart A--General Provisions

    2. Section 61.04 is amended in paragraph (a) by revising the 
``Region X'' address; by revising paragraph (b)(WW) (ii), (iii), and 
(vii), by removing paragraph (b)(WW)(viii); and by designating the 
existing paragraph (c) and table as (c)(8), adding a new (c) 
introductory text, adding and reserving paragraphs (c) (1) through (7) 
and (9), and by adding paragraph (c)(10) to read as follows:


Sec. 61.04  Address.

    (a) * * *
    Region X (Alaska, Idaho, Oregon, Washington), Director, Office of 
Air Quality, U.S. Environmental Protection Agency, 1200 Sixth Avenue 
(OAQ-107), Seattle, WA 98101.
    (b) * * *
    (WW)(i) * * *
    (ii) Northwest Air Pollution Authority (NWAPA), 1600 South Second 
Street, Mount Vernon, WA 98273-5202.

    Note: For a table listing NWAPA's delegation status, see 
paragraph (c)(10) of this section.

    (iii) Puget Sound Air Pollution Control Agency (PSAPCA), 110 Union 
Street, Suite 500, Seattle, WA 98101-2038.

    Note: For a table listing PSAPCA's delegation status, see 
paragraph (c)(10) of this section.
* * * * *
    (vii) Southwest Air Pollution Control Authority (SWAPCA), 1308 NE 
134th Street, Vancouver, WA 98685-2747.

    Note: For a table listing SWAPCA's delegation status, see 
paragraph (c)(10) of this section.
* * * * *
    (c) The following tables list, by Region, the specific Part 61, 
National Emission Standards for Hazardous Air Pollutants that have been 
delegated to state and local agencies.
    (1)a-(7) [Reserved].
    (8) * * *
    (9) (Reserved)
    (10) The following table lists the specific Part 61 standards that 
have been delegated unchanged to state and local air pollution control 
agencies in Region X. The (X) symbol is used to indicate each subpart 
that has been delegated.

[[Page 66060]]



                                                                        Delegation Status for Part 61 standards--Region X
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                             SWAPC A
                          Subpart                            ADEC \1\   IDEQ \2\   ODEQ \3\  LRAPA \4\    Ecology    BCAA \6\  NWAPA \7\  OAPCA \8\    PSAPCA     SCAPCA       \11\      YRCAA
------------------------------------------------------------------------------------------------------------\5\-----------------------------------------\9\--------\10\-------------------\12\--
A\13\ General Provisions..................................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
B Radon from Underground Uranium Mines....................  .........  .........  .........  .........  ..........  .........  .........  .........  .........  ..........  .........  .........
C Beryllium...............................................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
D Beryllium Rocket Motor Firing...........................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
E Mercury.................................................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
F Vinyl Chloride..........................................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
H Emissions of Radionuclides other than Radon from Dept of
 Energy facilities........................................  .........  .........  .........  .........  ..........  .........  .........  .........  .........  ..........  .........  .........
I Radionuclides from Federal Facilities other than Nuclear
 Regulatory Commission Licensees and not covered by
 Subpart H................................................  .........  .........  .........  .........  ..........  .........  .........  .........  .........  ..........  .........  .........
J Equipment Leaks of Benzene..............................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
K Radionuclides from Elemental Phosphorus Plants..........  .........  .........  .........  .........  ..........  .........  .........  .........  .........  ..........  .........  .........
L Benzene from Coke Recovery..............................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
M Asbestos................................................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
N Arsenic from Glass Plants...............................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
O Arsenic from Primary Copper Smelters....................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
P Arsenic from Arsenic Production Facilities..............  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
Q Radon from Dept of Energy facilities....................  .........  .........  .........  .........  ..........  .........  .........  .........  .........  ..........  .........  .........
R Radon from Phosphogypsum Stacks.........................  .........  .........  .........  .........  ..........  .........  .........  .........  .........  ..........  .........  .........
T Radon from Disposal of Uranium Mill Tailings............  .........  .........  .........  .........  ..........  .........  .........  .........  .........  ..........  .........  .........
V Equipment Leaks.........................................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
W Radon from Operating Mill Tailings......................  .........  .........  .........  .........  ..........  .........  .........  .........  .........  ..........  .........  .........
Y Benzene from Benzene Storage Vessels....................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
BB Benzene from Benzene Transfer Operations...............  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
FF Benzene Waste Operations...............................  .........  .........  .........  .........  ..........  .........         X   .........         X   ..........         X   .........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Alaska Department of Environmental Conservation
\2\ Idaho Division of Environmental Quality
\3\ Oregon Department of Environmental Quality
\4\ Lane Regional Air Pollution Authority
\5\ Washington Department of Ecology
\6\ Benton Clean Air Authority
\7\ Northwest Air Pollution Authority (5/14/98)
\8\ Olympic Air Pollution Control Authority
\9\ Puget Sound Air Pollution Control Agency (7/1/97)
\10\ Spokane County Air Pollution Control Authority
\11\ Southwest Air Pollution Control Authority (8/1/96)
\12\ Yakima Regional Clean Air Authority
\13\ Authorities which may not be delegated include: 40 CFR 61.04(b); 61.12(d)(1); 61.13(h)(1)(ii) for approval of major alternatives to test methods; 61.14(g)(1)(ii) for approval of major
  alternatives to monitoring; 61.16; 61.53(c)(4); any sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations), or approval of
  major alternatives to test methods or monitoring; and all authorities identified in the subparts (i.e., under ``Delegation of Authority'') that cannot be delegated.


[[Page 66061]]

    Note to paragraph (c)(10): Dates in parenthesis indicate the 
effective date of the federal rules that have been adopted by and 
delegated to the state or local air pollution control agency. 
Therefore, any amendments made to these delegated rules after this 
effective date are not delegated to the agency.

PART 63--[AMENDED]

    1. The authority citation for Part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

    2. Section 63.13 is amended in paragraph (a) by revising the 
``Region X'' address to read as follows:


Sec. 63.13  Addresses of State air pollution control agencies and EPA 
Regional Offices.

    (a) * * *
    EPA Region X (Alaska, Idaho, Oregon, Washington), Director, Office 
of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, WA 98101.
* * * * *
    3. Section 63.99 is amended by adding and reserving paragraphs 
(a)(29) through (a)(46), and adding (a) (47) to read as follows:


Sec. 63.99  Delegated Federal Authorities.

    (a) * * *
    (29)-(46) [Reserved]
    (47) Washington.
    (i) The following table lists the specific Part 63 standards that 
have been delegated unchanged to state and local air pollution control 
agencies in Washington. The (X) symbol is used to indicate each subpart 
that has been delegated.

                                                   Delegation Status for Part 63 standards--Washington
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  E c o l o   B C A A   N W A P A  O A P C A  P S A P C  S C A P C  S W A P C  Y R C A A
            Subpart                                                g y \1\      \2\        \3\        \4\       A \5\      A \6\      A \7\       \8\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A.............................  General Provisions \9\..........  .........  .........         X   .........         X   .........         X   .........
D.............................  Early Reductions................  .........  .........         X   .........         X   .........         X   .........
F.............................  HON-SOCMI.......................  .........  .........         X   .........         X   .........         X   .........
G.............................  HON-Process Vents...............  .........  .........         X   .........         X   .........         X   .........
H.............................  HON-Equipment Leaks.............  .........  .........         X   .........         X   .........         X   .........
I.............................  HON-Negotiated Leaks............  .........  .........         X   .........         X   .........         X   .........
L.............................  Coke Oven Batteries.............  .........  .........         X   .........         X   .........         X   .........
M.............................  Perc Dry Cleaning...............  .........  .........         X   .........         X   .........         X   .........
N.............................  Chromium Electroplating.........  .........  .........         X   .........         X   .........         X   .........
O.............................  Ethylene Oxide Sterilizers......  .........  .........         X   .........         X   .........         X   .........
Q.............................  Industrial Process Cooling        .........  .........         X   .........         X   .........         X   .........
                                 Towers.
R.............................  Gasoline Distribution...........  .........  .........         X   .........         X   .........         X   .........
T.............................  Halogenated Solvent Cleaning....  .........  .........         X   .........         X   .........         X   .........
U.............................  Polymers and Resins I...........  .........  .........         X   .........         X   .........  .........  .........
W.............................  Polymers and Resins II-Epoxy....  .........  .........         X   .........         X   .........         X   .........
X.............................  Secondary Lead Smelting.........  .........  .........         X   .........         X   .........         X   .........
Y.............................  Marine Tank Vessel Loading......  .........  .........         X   .........         X   .........         X   .........
CC............................  Petroleum Refineries............  .........  .........         X   .........         X   .........         X   .........
DD............................  Off-Site Waste and Recovery.....  .........  .........         X   .........         X   .........         X   .........
EE............................  Magnetic Tape Manufacturing.....  .........  .........         X   .........         X   .........         X   .........
GG............................  Aerospace Manufacturing & Rework  .........  .........         X   .........         X   .........         X   .........
II............................  Shipbuilding and Ship Repair....  .........  .........         X   .........         X   .........         X   .........
JJ............................  Wood Furniture Manufacturing      .........  .........         X   .........         X   .........         X   .........
                                 Operations.
KK............................  Printing and Publishing Industry  .........  .........         X   .........         X   .........         X   .........
OO............................  Tanks--Level 1..................  .........  .........         X   .........         X   .........  .........  .........
PP............................  Containers......................  .........  .........         X   .........         X   .........  .........  .........
QQ............................  Surface Impoundments............  .........  .........         X   .........         X   .........  .........  .........
RR............................  Individual Drain Systems........  .........  .........         X   .........         X   .........  .........  .........
VV............................  Oil-Water Separators and Organic- .........  .........         X   .........         X   .........  .........  .........
                                 Water Separators.
JJJ...........................  Polymers and Resins IV..........  .........  .........         X   .........         X   .........         X   .........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Washington Department of Ecology
\2\ Benton Clean Air Authority
\3\ Northwest Air Pollution Authority (5/14/98)
\4\ Olympic Air Pollution Control Authority
\5\ Puget Sound Air Pollution Control Agency (7/1/97)
\6\ Spokane County Air Pollution Control Authority
\7\ Southwest Air Pollution Control Authority (8/1/96)
\8\ Yakima Regional Clean Air Authority
\9\ Authorities which may not be delegated include: 40 CFR 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test
  methods; 63.8(f) for approval of major alternatives to monitoring; 63.10(f); and all authorities identified in the subparts (i.e., under ``Delegation
  of Authority'') that cannot be delegated. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see
  memorandum from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, ``Delegation of 40 CFR Part 63 General
  Provisions Authorities to State and Local Air Pollution Control Agencies.''


[[Page 66062]]

    Note to paragraph (a)(47): Dates in parenthesis indicate the 
effective date of the federal rules that have been adopted by and 
delegated to the state or local air pollution control agency. 
Therefore, any amendments made to these delegated rules after this 
effective date are not delegated to the agency.

[FR Doc. 98-31240 Filed 11-30-98; 8:45 am]
BILLING CODE 6560-50-P