[Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)]
[Rules and Regulations]
[Pages 7793-7794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3526]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-6233-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and delegation of authority; correction and 
clarification.

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SUMMARY: This action provides a correction and clarification to a 
direct final Federal Register action published on December 1, 1998 (see 
63 FR 66054), that granted Clean Air Act, section 112(l), delegation of 
authority for three local air agencies in Washington to implement and 
enforce specific 40 CFR parts 61 and 63 federal National Emission 
Standards for the Hazardous Air Pollutants (NESHAP) regulations which 
have been adopted into local law. This action corrects several 
typographical errors in the EPA Action section of the preamble of the 
December 1, 1998, direct final rule, and also clarifies the extent of 
that delegation with respect to Indian country.

DATES: This action is effective on February 17, 1999.

ADDRESSES: 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 Administrative Requirements

    Under Executive Order (E.O.) 12866, Regulatory Planning and Review 
(58 FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and is therefore, not subject to review by the 
Office of Management and Budget. In addition, this action does not 
impose any enforceable duty, contain any unfunded mandate, or impose 
any significant or unique impact on small governments as described in 
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This rule 
also does not require prior consultation with State, local, and tribal 
government officials as specified by Executive Order 12875 (58 FR 
58093, October 28, 1993) or Executive Order 13084 (63 FR 27655, May 10, 
1998), or involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994). Because this action is not subject to notice-and-
comment requirements under the Administrative Procedure Act or any 
other statute, it is not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
This rule also is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' because EPA interprets E.O. 13045 as 
applying only to those regulatory actions that are based on health or 
safety risks, such that the analysis required under section 5-501 of 
the Order has the potential to influence the regulation. This rule is 
not subject to E.O. 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks.
    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).
    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 April 19, 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)).

II Clarification

    On December 1, 1998, EPA promulgated direct final approval of the 
Washington Department of Ecology (Ecology) request, on behalf of three 
local air agencies, 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). The three local air agencies that 
will 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). In the direct final rule and delegation of authority, an 
explanation of the applicability of that action to sources and 
activities located in Indian country was inadvertently omitted. 
Beginning on page 66054, in the issue of Tuesday, December 1, 1998, 
make the following correction, in the EPA Action section of the 
preamble, at the end of the Delegation of Specific Standards 
subsection. On page 66057, in the second column, after the first 
paragraph, add the following statement:
    ``The delegation approved by this rule for NWAPA, PSAPCA, and 
SWAPCA to implement and enforce NESHAPs does not extend to sources or 
activities located in Indian country, as defined in 18 U.S.C. 1151. 
Consistent with previous federal program approvals or delegations, EPA 
will continue to implement the NESHAPs in Indian country because the 
local air agencies did not adequately demonstrate their authority over 
sources and activities located within the exterior boundaries of Indian 
reservations and other areas in Indian country.
    ``The one exception to this limitation is within the boundaries of 
the Puyallup Indian Reservation, also known as the 1873 Survey Area. 
Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 
1773, Congress explicitly provided state and local agencies, such as 
PSAPCA, authority over activities on non-trust lands within the 1873 
Survey Area. After consulting with the Puyallup Tribe of Indians, EPA's 
delegation in this rule applies to sources and activities on non-trust 
lands within the 1873 Survey Area. Therefore, PSAPCA will implement and 
enforce

[[Page 7794]]

the NESHAPs on these non-trust lands within the 1873 Survey Area.''

III. Correction

    In the December 1, 1998, direct final rule and delegation of 
authority for the three local air pollution control agencies in 
Washington, there were several minor typographical errors in the EPA 
Action section of the preamble, in the Delegation of Specific Standards 
subsection. Beginning on page 66054, in the issue of Tuesday, December 
1, 1998, make the following corrections:
    On page 66056, in the second column, in the last paragraph, in the 
eighth line; in the third column, in the first line under the table; 
and on page 66057, in the first column, in the last paragraph, in the 
eleventh line, ``63.6(I)(1)'' should read ``63.6(i)(1)''. On page 66056 
in footnote number three, in the first line, ``112(I)(1) and (3)'' 
should read, ``112(i)(1) and (3)''. On page 66057, in the first column, 
in the last paragraph, in the eighteenth line, ``(63.7(e)(2)(I))'' 
should read, ``(63.7(e)(2)(i))'.

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.

40 CFR Part 63

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

    Dated: February 1, 1999.
Chuck Clarke,
Regional Administrator, Region X.
[FR Doc. 99-3526 Filed 2-16-99; 8:45 am]
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