[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Proposed Rules]
[Pages 66083-66084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31241]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-6187-7]


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: Proposed rule.

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SUMMARY: Pursuant to section 112(l) of the 1990 Clean Air Act (CAA), 
the state of Washington Department of Ecology (Ecology) requested 
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). On behalf of 
these agencies, Ecology also requested approval of a mechanism by which 
these agencies will receive delegation of future NESHAPs; and requested 
that EPA waive its notification requirements such that sources will 
only need to send notifications and reports to the delegated local 
agencies. Additionally, Ecology also requested approval of certain 
local air agency potential-to-emit limiting regulations which would 
then be recognized as federally enforceable. The local air agencies 
that would be implementing and enforcing these regulations are: 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.''
    In the Rules section of this Federal Register, 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 which have been adopted into local law (as apply to both 
Part 70 and non-Part 70 sources). EPA is delegating these programs to 
Ecology for the purpose of redelegating them to NWAPA, PSAPCA, and 
SWAPCA, consistent with Ecology's statute, the Revised Code of 
Washington (RCW) 70.94.860. 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 reports to EPA. Finally, EPA is 
promulgating direct final approval of PSAPCA and SWAPCA's potential-to-
emit regulations as federally enforceable.
    EPA is taking direct final action without prior proposal because 
the Agency views this as a noncontroversial action and anticipates no 
adverse comments. A detailed rationale for this approval is set forth 
in the direct final rule. If no relevant adverse comments are received 
in response to this action, no further activity is contemplated in 
relation to this action. If EPA receives relevant adverse comments, the 
direct final rule will not take effect and all public comments will be 
addressed in a subsequent final rule based on this proposed action. The 
EPA will not institute a second comment period on this action. Any 
parties interested in commenting should do so at this time.

DATES: Comments must be received in writing by December 31, 1998.

ADDRESSES: Written comments must be submitted to Doug Hardesty at the

[[Page 66084]]

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 10 
(OAQ-107), 1200 Sixth Avenue, Seattle, WA, 98101, (206) 553-8760.

SUPPLEMENTARY INFORMATION:
    This document concerns delegation of unchanged NESHAPs to the 
Northwest Air Pollution Authority, the Puget Sound Air Pollution 
Control Agency, and the Southwest Air Pollution Control Agency. For 
further information, please see the information provided in the direct 
final action which is located in the Rules section of this Federal 
Register.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: October 28, 1998.
Chuck Clarke,
Regional Administrator, Region X.
[FR Doc. 98-31241 Filed 11-30-98; 8:45 am]
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