[Federal Register Volume 66, Number 128 (Tuesday, July 3, 2001)]
[Proposed Rules]
[Pages 35115-35124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16692]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-7006-7]


Proposed Approval of the Clean Air Act, Section 112(l), 
Delegation of Authority to Washington Department of Ecology and Four 
Local Air Agencies in Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the authority of Clean Air Act (CAA), section 
112(l), EPA proposes to approve the State of

[[Page 35116]]

Washington Department of Ecology's (Ecology) request, and the requests 
of four local air pollution control agencies in Washington, for program 
approval and delegation of authority to implement and enforce specific 
federal National Emission Standards for Hazardous Air Pollutants 
(NESHAP) regulations (as they apply to both part 70 and non-part 70 
sources) which have been adopted into state law. EPA proposes to 
delegate these programs to Ecology for the purpose of direct 
implementation and enforcement (within Ecology's jurisdiction). EPA 
also proposes to delegate these programs to the following four local 
agencies: the Benton Clean Air Authority (BCAA), the Olympic Air 
Pollution Control Authority (OAPCA), the Spokane County Air Pollution 
Control Authority (SCAPCA), and the Yakima Regional Clean Air Authority 
(YRCAA).
    EPA also proposes to approve a mechanism by which Ecology and the 
four local agencies will receive delegation of future NESHAPs; and 
proposes to waive its notification requirements such that sources 
within Ecology and SCAPCA's jurisdictions would only need to send 
notifications and reports to Ecology or SCAPCA, and would not need to 
send a copy to EPA, Region X.
    Delegation to the remaining local agencies in the State of 
Washington (the Northwest Air Pollution Authority, the Puget Sound 
Clean Air Agency, and the Southwest Air Pollution Control Authority) 
was promulgated in a direct final rule on December 1, 1998. A 
correction and clarification to that direct final rule was published on 
February 17, 1999, and amendments updating this delegation were 
published on April 22, 1999, and February 28, 2000.

DATES: Written comments must be received on or before August 2, 2001.

ADDRESSES: Written comments should be submitted concurrently to the 
addressees listed below:
    Tracy Oliver, U.S. Environmental Protection Agency, Region X, 
Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, WA, 98101.
    Mary Burg, Washington State Dept of Ecology, P.O. Box 47600, 
Olympia, WA 98504-7600.
    Copies of the delegation requests and other supporting 
documentation are available for public inspection at US EPA, Region X 
office during normal business hours. Please contact Doug Hardesty to 
make an appointment.

FOR FURTHER INFORMATION CONTACT: Tracy Oliver, US EPA, Region X (OAQ-
107), 1200 Sixth Avenue, Seattle, WA, 98101, (206) 553-1172.

SUPPLEMENTARY INFORMATION: This Supplementary Information section is 
organized as follows:

I. EPA Action

    What Action is EPA Proposing Today?
    Why is EPA Proposing this Action?
    What Changes Would this Delegation Create?
    What Specific Standards Does EPA Propose to Delegate?
    What Specific Standards Does EPA Propose Not to Delegate?
    What General Provisions Authorities Does EPA Propose to 
Delegate?
    What General Provisions Authorities are Automatically Granted as 
Part of These Agencies' Part 70 Operating Permits Program Approval?
    What General Provisions Authorities Are Not Delegated?
    How Would This Delegation Affect the Regulated Community?
    Where Would the Regulated Community Send Notifications and 
Reports?
    How Would This Delegation Affect Indian Country?
    What Would be Ecology and the Four Local Agencies' Reporting 
Requirements to EPA?
    How Would These Agencies Receive Delegation for Future 
Standards?
    How Frequently Should These Agencies Update their Delegation?
    Does the Public Have an Opportunity to Comment?

II. Background and Purpose

    What Authority Does EPA Have to Grant Delegations?
    What is the History of this Delegation?
    Why Did EPA Grant Only Interim Approval of the Original Request?
    How Have These Agencies Satisfied Enforcement Authority 
Deficiencies?
    What Changes Have Been Made to the Original Delegation Request?

III. Summary of Action

IV. Administrative Requirements

I. EPA Action

What Action Is EPA Proposing Today?

    In this action, under the authority of CAA section 112(l)(5) and 40 
CFR 63.91, EPA proposes approval of Ecology's request, and the requests 
of BCAA, OAPCA, SCAPCA and YRCAA, 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. Along with 
these specific standards, EPA proposes to delegate certain General 
Provisions authorities, as explained below. EPA proposes to delegate 
this authority to Ecology for the purpose of direct implementation 
(within Ecology's jurisdiction). EPA also proposes to delegate this 
authority to BCAA, OAPCA, SCAPCA and YRCAA.
    In this action, EPA proposes to waive its notification requirements 
such that sources within Ecology and SCAPCA's jurisdictions would only 
need to send notifications and reports to Ecology or SCAPCA, and would 
not need to send a copy to EPA, Region X. (Sources within BCAA, OAPCA 
or YRCAA's jurisdictions would need to continue sending notifications 
to both the respective agency and EPA, Region X).
    Under the authority of CAA section 112(l)(5) and 40 CFR 63.91, EPA 
is also proposing approval of Ecology and the four locals agencies' 
mechanism for streamlining future delegation of those federal NESHAP 
regulations that are adopted unchanged into state and local laws. This 
mechanism is explained in a separate paragraph below.
    Delegation to the remaining local agencies in the State of 
Washington (the Northwest Air Pollution Authority (NWAPA), the Puget 
Sound Clean Air Agency (Puget Sound Clean Air), and the Southwest Air 
Pollution Control Authority (SWAPCA)) was promulgated in a direct final 
rule on December 1, 1998 (see 63 FR 66054) and became effective on 
February 1, 1999. A correction and clarification to that direct final 
rule was published on February 17, 1999 (see 64 FR 7793). Additionally, 
amendments updating this delegation were published on April 22, 1999 
(see 64 FR 19719) and February 28, 2000 (see 65 FR 10391). Therefore, 
this action will not apply to NWAPA, Puget Sound Clean Air, or SWAPCA.

Why Is EPA Proposing This Action?

    EPA is proposing this action because it has determined that these 
agencies have met the following criteria for approval:
    (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.

What Changes Would This Delegation Create?

    If EPA approves this proposal, Ecology and the four local agencies 
will have primary implementation and enforcement responsibility for the 
adopted NESHAP regulations. This means that if approved, sources 
subject to the delegated standards would send notifications and reports 
to these agencies (and send a copy to EPA, Region 10, except for those 
sources within Ecology and SCAPCA's jurisdictions). Questions and

[[Page 35117]]

compliance issues would also be directed to these agencies. As with any 
delegation, however, EPA retains the right, pursuant to CAA section 
112(l)(7), to enforce any applicable emission standard or requirement 
under CAA section 112. Additionally, if approved, EPA would retain 
certain General Provisions authorities, as explained below.

What Specific Standards Does EPA Propose to Delegate?

    EPA proposes to delegate certain 40 CFR parts 61 and 63 NESHAPs in 
effect on July 1, 2000, as adopted by reference into WAC 173-400-075 on 
November 22, 2000. In most cases, this delegation would apply to all 
sources (exceptions are explained below). The standards to be delegated 
are specified in the tables at the end of this rule.
    EPA agrees with the position of the Office of the Attorney General 
of Washington's office that the November 22, 2000 revision to WAC 173-
400-075(5)(a) adopts as state rules those parts of Part 63 that EPA 
proposes to delegate. A revision to the state rule, which will clarify 
the provision, is currently being processed by the State.
    EPA proposes to delegate 40 CFR part 61, subpart M (Asbestos 
NESHAP) to Ecology, BCAA, and OAPCA as it applies to major sources 
only, based on their requests. Also, EPA proposes to delegate 40 CFR 
part 63, subpart M (Perchloroethylene Dry Cleaning NESHAP) to Ecology 
and YRCAA as it applies to major sources only.
    Also, Ecology has a working relationship with BCAA to manage the 
Asbestos NESHAP for sources located on the Hanford Nuclear Reservation. 
Ecology retains enforcement authority for the Asbestos NESHAP 
consistent with RCW 70.105.240. EPA acknowledges this managerial 
relationship between Ecology and BCAA concerning the Asbestos NESHAP 
since both agencies are delegated the authority to implement this 
program. However, EPA asserts that Ecology retains enforcement 
authority for sources located on the Hanford Nuclear Reservation 
because Ecology is the enforcing agency.

What Specific Standards Does EPA Propose Not to Delegate?

    EPA proposes not to delegate to Ecology and the four local agencies 
any 40 CFR part 61, subparts pertaining to radon or radionuclides. 
Typically, EPA delegates all standards adopted (and requested) by an 
air agency and in effect as of a certain date, regardless of whether or 
not there are any applicable sources within that agency's jurisdiction. 
As an exception, EPA proposes not to delegate the 40 CFR part 61, 
subparts pertaining to radon or radionuclides which includes: subparts 
B, H, I, K, Q, R, T, and W. EPA has determined that there are either no 
sources in these agencies' jurisdictions (and that no new sources are 
likely to emerge), or if there are sources, the agency does not have 
sufficient expertise to implement these NESHAPs.
    The State Department of Health is currently implementing 40 CFR 
part 61, subparts H and I as the state radionuclide standards for the 
State of Washington. The State Department of Health had received 
interim delegation for these two radionuclide standards (as they 
pertain to part 70 sources only) on August 2, 1995 (see 60 FR 39263). 
However, this interim delegation lapsed on November 9, 1996, because 
the State had not received full approval of the Washington Title V 
operating permits program. (see 60 FR 39264). Therefore, EPA is 
currently responsible for federal implementation of 40 CFR part 61, 
subparts H and I. (Note: EPA recently received a request from the 
Department of Health for delegation of federal radionuclide standards 
at 40 CFR part 61, subparts H and I. EPA is evaluating this request.)
    Additionally, EPA is not proposing delegation of the regulations 
implementing CAA sections 112(g) and 112(j), codified at 40 CFR part 
63, subpart B, to Ecology and the four local agencies. 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).

What General Provisions Authorities Does EPA Propose to Delegate?

    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. Based on this memo, EPA 
proposes to delegate the part 63, subpart A, sections that are listed 
below. Delegation of these General Provisions Authorities would enable 
Ecology and the four local agencies to carry out the Administrator's 
responsibilities in these sections of subpart A. In delegating these 
authorities, EPA would be granting Ecology and the four local agencies 
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 would make decisions on a source-by-
source basis, not on a source category-wide basis.

Part 63, Subpart A, General Provisions Authorities Which EPA Proposes to
                 Delegate to Ecology and the Four Locals
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                 Section                            Authorities
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63.1....................................  Applicability Determinations
63.6(e).................................  Operations 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 (j)..................  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

[[Page 35118]]

 
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 agencies would have the 
authority to approve adjustments to the timing that reports are due, 
but would 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 would change that requirement.

What General Provisions Authorities Are Automatically Granted as Part 
of These Agencies' Part 70 Operating Permits Program Approval?

    Certain General Provisions authorities are automatically granted to 
Ecology and the four local agencies 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.'' 
\1\ Additionally, for 40 CFR 63.6(i)(1), Ecology and the four local 
agencies 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. However, Ecology or the local 
agency must have authority to implement and enforce the particular 
standard against the source in order to grant that source a compliance 
extension.
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    \1\ 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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What General Provisions Authorities Are Not Delegated?

    In general, 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. Listed 
in the footnotes of the parts 61 and 63 delegation tables at the end of 
this rule are the specific authorities which cannot be delegated to any 
state or local agency; which EPA therefore would retain.\2\
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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 would be delegated.
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How Would This Delegation Affect the Regulated Community?

    After a state or local agency has been delegated the authority to 
implement and enforce a NESHAP, the delegated agency (in this case, 
Ecology and the four locals) becomes the primary point of contact with 
respect to that NESHAP. Therefore, if EPA approves this proposal, 
regulated facilities would direct questions and compliance issues to 
these agencies. Additionally, all pending questions and compliance 
issues, even those which may currently be under consideration by EPA, 
will be resolved by Ecology or the appropriate local agency.

Where Would the Regulated Community Send Notifications and Reports?

    If this proposal is approved, facilities within BCAA, OAPCA or 
YRCAA's jurisdictions would need to submit notifications directly to 
the respective agency, and also send a copy to EPA, Region X.
    Pursuant to 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii), EPA, Region 
X, proposes to waive the requirement for sources to submit 
notifications to both Ecology or SCAPCA and EPA, Region X. If approved, 
facilities within Ecology and SCAPCA's jurisdictions would need to 
submit notifications and reports directly to Ecology or SCAPCA, and 
would not need to send a copy to EPA, Region X.

How Would This Delegation Affect Indian Country?

    The delegation proposed for Ecology and the four local agencies to 
implement and enforce NESHAPs would not extend to sources or activities 
located in Indian country, as defined in 18 U.S.C. 1151. ``Indian 
country'' is defined under 18 U.S.C. 1151 as: (1) All land within the 
limits of any Indian reservation under the jurisdiction of the United 
States Government, notwithstanding the issuance of any patent, and 
including rights-of-way running through the reservation, (2) all 
dependent Indian communities within the borders of the United States, 
whether within the original or subsequently acquired territory thereof, 
and whether within or without the limits of a State, and (3) all Indian 
allotments, the Indian titles to which have not been extinguished, 
including rights-of-way running through the same. Under this 
definition, EPA treats as reservations trust lands validly set aside 
for the use of a Tribe even if the trust lands have not been formally 
designated as a reservation. Consistent with previous federal program 
approvals or delegations, EPA will continue to implement the NESHAPs in 
Indian country because these 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.

What Would Be Ecology and the Four Local Agencies' Reporting 
Requirements to EPA?

    In delegating the authority to implement and enforce these rules, 
EPA would require that these delegated agencies submit to EPA the 
following information:
    (1) These agencies must input all source information into the 
Aerometric Information Retrieval System (AIRS) for both point and area 
sources. The agencies must enter the information into the AIRS system 
by September 30 of each year;
    (2) These 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);
    (3) These agencies must also provide any additional compliance 
related information to EPA, Region X, as agreed upon in the Compliance 
Assurance Agreement;
    (4) In receiving delegation for specific General Provisions 
authorities, these agencies must submit to EPA, Region X, copies of 
determinations issued pursuant to these authorities (which are listed 
in the table above);
    (5) These agencies must also forward to EPA, Region X, copies of 
any notifications received pursuant to Sec. 63.6(h)(7)(ii) pertaining 
to the use of a continuous opacity monitoring system; and
    (6) These agencies must submit to EPA's Emission Measurement Center 
of the Emissions Monitoring and Analysis Division 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

[[Page 35119]]

July 10, 1998, memorandum from John Seitz, referenced above). These 
intermediate test methods or monitoring changes should be sent 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.

How Would These Agencies Receive Delegation for Future and Revised 
Standards?

    If this proposed delegation is approved, Ecology or a local agency 
would receive delegation of future standards by the following process:
    (1) Ecology or the local agency will send a letter to EPA 
requesting delegation for future NESHAP standards adopted by reference 
into state regulations;
    (2) EPA will send a letter of response back to Ecology or the local 
agency granting this delegation request (or explaining why EPA cannot 
grant the request);
    (3) Ecology or the local agency does not need to send a response 
back to EPA;
    (4) If EPA does not receive a negative response from Ecology or the 
local agency within 10 days of EPA's letter to Ecology or the local 
agency, then the delegation will be final 10 days after the date of the 
letter from EPA; and
    (5) Periodically, EPA will publish a notice in the Federal Register 
informing the public of the updated delegation.

How Frequently Should These Agencies Update Their Delegation?

    Ecology and the four local agencies should 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.

Does the Public Have an Opportunity to Comment?

    EPA is seeking comment on its proposal to grant Ecology and the 
four local agencies the authority to implement and enforce certain 40 
CFR parts 61 and 63 NESHAPs. EPA will consider all public comments 
submitted during the public comment period. Issues raised by the 
comments will be carefully reviewed and considered in the decision to 
approve or disapprove Ecology's request. EPA will provide notice of its 
final decision in the Federal Register, including a summary of the 
reasons for the final decision and a summary of all major comments.
    Please note that the public was provided the opportunity to comment 
on the proposed interim approval of Ecology and the four locals' 
delegation request for certain 40 CFR part 61 standards, as they 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, on delegation of 40 CFR part 61 
standards as they apply to non-part 70 sources, and on delegation of 40 
CFR part 63 standards as they apply to both part 70 and non-part 70 
sources. That is why EPA is requesting comments at this time.

II. Background and Purpose

What Authority Does EPA Have to Grant Delegations?

    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.

What Is the History of This Delegation?

    On February 16, 1996 (see 61 FR 6184), EPA proposed to approve the 
request of Ecology and the Washington local agencies, including BCAA, 
OAPCA, SCAPCA and YRCAA, for delegation of authority to implement and 
enforce certain 40 CFR part 61 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 a 
mechanism for Ecology and the four locals to receive future delegation 
of CAA section 112 standards that are adopted unchanged from federal 
standards as promulgated.

Why Did EPA Grant Only Interim Approval of the Original Request?

    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 63.91.

How Have These Agencies Satisfied Enforcement Authority Deficiencies?

    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 Attorney General of Washington's 
office dated May 23, 1996, explaining how the 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

[[Page 35120]]

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 BCAA, SCAPCA, and OAPCA 
describing how they each have addressed these issues. In a letter dated 
May 5, 1997, Ecology provided supporting documentation from YRCAA 
describing how it has addressed these issues. Ecology also updated 
SCAPCA and OAPCA's supporting documentation in letters dated June 4, 
1997, and October 27, 1997, respectively. All four local agencies 
committed to enforcing WAC 173-400-105(7) and (8) until such time as 
they might adopt their own equivalent regulations on this subject. 
Based on information provided by Ecology and the four locals, EPA has 
determined that these actions adequately address the issue of adequate 
criminal authorities needed to meet the requirements of 40 CFR 63.91 
and 70.11, and to obtain final delegation for all sources within 
Ecology and the four locals' 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 Regulatory Reform Act of 1995 
(``Act''), codified at Chapter 43.05 RCW 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 Puget Sound 
Clean Air 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 Puget Sound Clean Air'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. 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.

What Changes Have Been Made to the Original Delegation Request?

    Since the August 26, 1996, rulemaking, Ecology has submitted 
several updated delegation requests on behalf of itself and the four 
local agencies to reflect the adoption of revised or newly promulgated 
federal standards. Based on these updated requests, Ecology and the 
four locals' current request includes certain subparts in 40 CFR parts 
61 and 63 in effect on July 1, 2000, as adopted by reference into WAC 
173-400-075 on November 22, 2000, as they apply to all sources. Two 
exceptions to this are: (1) Ecology, BCAA, and OAPCA, have requested 
the Asbestos NESHAP for part 70 sources only; and (2) Ecology has 
requested the Perchloroethylene Dry Cleaning NESHAP for part 70 sources 
only, as is allowed by their rule.
    Both Ecology and SCAPCA have requested that EPA waive the part 
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 these requests in its 
letter dated November 1, 1999, and SCAPCA submitted a request in a 
letter dated March 3, 1997. Ecology and SCAPCA prefer to be the sole 
recipient of notifications and reports to reduce the burden on sources 
and EPA. By this action, EPA, Region X is waiving the notification and 
reporting requirements in accordance with 40 CFR 63.9 and 63.10, such 
that sources only need to provide notification and reports to Ecology 
or SCAPCA, and would not need to send notifications and reports to EPA, 
Region X.
    In addition, Ecology and SCAPCA clarified to EPA, Region X that 
they seek delegation of the reporting requirements of 40 CFR 61.10 such 
that sources covered by this provision need only send reports to 
Ecology or SCAPCA and not to EPA. By this action, EPA is delegating the 
reporting requirements of 40 CFR 61.10 to Ecology and SCAPCA, and 
sources only need to provide the reports under that section to Ecology 
or SCAPCA.
    Ecology also requested approval of Ecology's state regulation at 
WAC 173-400-091 to recognize this regulation as federally enforceable 
for purposes of establishing potential-to-emit limitations. EPA is not 
taking action on this request because this regulation has already 
received federal approval in a final Federal Register rule dated June 
2, 1995 (see 60 FR 28726).

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 proposing to approve Ecology's request, 
and the requests of BCAA, OAPCA, SCAPCA and YRCAA, for program approval 
and delegation of authority to implement and enforce specific 40 CFR 
parts 61 and 63 Federal NESHAP regulations (as they apply to both part 
70 and non-part 70 sources) which have been adopted into state law. EPA 
is proposing to delegate this authority to Ecology for the purpose of 
direct implementation (within Ecology's jurisdiction). EPA is also 
proposing to delegate this authority to BCAA, OAPCA, SCAPCA and YRCAA. 
Additionally, EPA proposes to approve the mechanism by which Ecology 
and the four local agencies will receive delegation of future NESHAP 
regulations that are adopted unchanged into state law; and also 
proposes to waive the requirement for sources within Ecology and 
SCAPCA's jurisdictions to send copies of notifications and reports to 
EPA.

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

[[Page 35121]]

Order 12866, entitled ``Regulatory Planning and Review.''
    This rule is not subject to Executive Order 13045, entitled, 
``Protection of Children from Environmental Health Risks and Safety 
Risks,'' because it is not an ``economically significant'' action under 
Executive Order 12866.

B. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State law 
unless the Agency consults with State and local officials early in the 
process of developing the proposed regulation.
    This rule does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132, because it merely approves a State 
program and rules implementing a Federal standard, and does not alter 
the relationship or the distribution of power and responsibilities 
established in the CAA. Thus, Executive Order 13132 does not apply to 
this rule.
    Although section 6 of the Executive Order does not apply to this 
rule, EPA did consult with representatives of State and local 
governments in developing this rule, and this rule is in response to 
the State's and local's delegation request.

C. Executive Order 13084

    Under Executive Order 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 Executive Order 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 September 4, 2001. 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

[[Page 35122]]

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.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: June 5, 2001.
Ron Kreizenbeck,
Acting Regional Administrator, Region X.

    Title 40, chapter I, parts 61 and 63 of the Code of Federal 
Regulations is proposed to be 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 by revising paragraphs (b)(WW)(i), 
(iv), (v), and (vi), by adding paragraph (b)(WW)(viii); and by revising 
the table in paragraph (c)(10) to read as follows:


Sec. 61.04  Address.

* * * * *
    (b) * * *
    (WW)(i)Washington: State of Washington, Department of Ecology 
(Ecology), P.O. Box 47600, Olympia, WA 98504-7600.

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


* * * * *
    (iv) Spokane County Air Pollution Control Authority (SCAPCA), West 
1101 College Avenue, Suite 403, Spokane, WA 99201.

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


    (v) Yakima Regional Clean Air Authority (YRCAA), 6 South 2nd, Room 
1016, Yakima, WA 98901.

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


    (vi) Olympic Air Pollution Control Authority (OAPCA), 909 Sleater-
Kinney Road SE, Suite 1, Lacey, WA 98503.

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


* * * * *
    (viii) Benton Clean Air Authority (BCAA), 650 George Washington 
Way, Richland, WA 99352.

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


* * * * *
    (c) * * *
    (10) * * *

                                                    Delegation Status for Part 61 Standards--Region X
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   AK        ID           Oregon                                           Washington
                               -------------------------------------------------------------------------------------------------------------------------
            Subpart                                             LRAP     Ecolog               NWAP      OAPC      PSCA      SCAPC      SWAPC      YRCA
                                ADE C\1\  IDE Q\2\  ODE Q\3\    A\4\      y\5\    BCA A\6\    A\7\      A\8\      A\9\      A\10\      A\11\      A\12\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A. General Provisions \13\....        X                                       X         X         X         X         X          X          X         X
B. Radon from Underground
 Uranium Mines................
C. Beryllium..................                                                X         X         X         X         X          X          X         X
D. Beryllium Rocket Motor                                                     X         X         X         X         X          X          X         X
 Firing.......................
E. Mercury....................        X                                       X         X         X         X         X          X          X         X
F. Vinyl Chloride.............                                                X         X         X         X         X          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         X         X         X          X          X         X
K. Radionuclides from
 Elemental Phosphorus Plants..
L. Benzene from Coke Recovery.                                                X         X         X         X         X          X          X         X
M. Asbestos...................    \1\ X                                   \5\ X     \6\ X         X     \8\ X         X          X          X         X
N. Arsenic from Glass Plants..                                                X         X         X         X         X          X          X         X
O. Arsenic from Primary Copper                                                X         X         X         X         X          X          X         X
 Smelters.....................
P. Arsenic from Arsenic                                                       X         X         X         X         X          X          X         X
 Production Facilities........
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         X         X         X          X          X         X
W. Radon from Operating Mill
 Tailings.....................
Y. Benzene from Benzene               X                                       X         X         X         X         X          X          X         X
 Storage Vessels..............
BB. Benzene from Benzene                                                      X         X         X         X         X          X          X         X
 Transfer Operations..........
FF. Benzene Waste Operations..        X                                       X         X         X         X         X          X          X        X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Alaska Department of Environmental Conservation (1/18/97)
Note: Alaska received delegation for Sec.  61.145 and Sec.  61.154 of subpart M (Asbestos), along with other sections and appendices which are
  referenced in Sec.  61.145, as Sec.  61.145 applies to sources required to obtain an operating permit under Alaska's regulations. Alaska has not
  received delegation for subpart M for sources not required to obtain an operating permit under Alaska's regulations.
\2\ Idaho Division of Environmental Quality.
\3\ Oregon Department of Environmental Quality.
\4\ Lane Regional Air Pollution Authority.
\5\ Washington Department of Ecology (7/1/00)
Note: Delegation of subpart M of this part applies to major Title V sources only, including Hanford. (Pursuant to RCW 70.105.240, only Ecology can
  enforce regulations at Hanford).
\6\ Benton Clean Air Authority (7/1/00)
Note: Delegation of subpart M of this part applies to major Title V sources only (excluding Hanford).
\7\ Northwest Air Pollution Authority (7/1/99).
\8\ Olympic Air Pollution Control Authority (July 1, 2000).
Note: Delegation of subpart M of this part applies to major Title V sources only.
\9\ Puget Sound Clean Air Agency (7/1/99).

[[Page 35123]]

 
\10\ Spokane County Air Pollution Control Authority (7/1/00).
\11\ Southwest Air Pollution Control Authority (8/1/98).
\12\ Yakima Regional Clean Air Authority (7/1/00).
\13\ Authorities which are not delegated include: Secs.  61.04(b); 61.12(d)(1); 61.13(h)(1)(ii) for approval of major alternatives to test methods; Sec.
   61.14(g)(1)(ii) for approval of major alternatives to monitoring; Sec.  61.16; Sec.  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. 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.''
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 63.99 is amended by revising the table in paragraph (a) 
(47)(i) to read as follows:


Sec. 63.99  Delegated Federal authorities.

    (a) * * *
    (47) * * *
    (i) * * *

                                              Delegation Status for Part 63 Standards--State of Washington
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Subpart                            Ecology    BCAA \3\   NWAP A \4\   OAPCA \5\   PSCAA \6\  SCAPCA \7\  SWAPCA \8\   YRCAA \9\
--------------------------------------------------------------\2\---------------------------------------------------------------------------------------
A General Provisions \1\................................          X           X           X           X           X           X           X           X
D. Early Reductions.....................................          X           X           X           X           X           X           X           X
F. HON-SOCMI............................................          X           X           X           X           X           X           X           X
G. HON-Process Vents....................................          X           X           X           X           X           X           X           X
H. HON-Equipment Leaks..................................          X           X           X           X           X           X           X           X
I. HON-Negotiated Leaks.................................          X           X           X           X           X           X           X           X
L. Coke Oven Batteries..................................          X           X           X           X           X           X           X           X
M. Perchloroethylene Dry Cleaning.......................      \2\ X                       X                       X                       X       \9\ X
N. Chromium Electroplating..............................          X           X           X           X           X           X           X           X
O. Ethylene Oxide Sterilizers...........................          X           X           X           X           X           X           X           X
Q. Industrial Process Cooling Towers....................          X           X           X           X           X           X           X           X
R. Gasoline Distribution................................          X           X           X           X           X           X           X           X
S. Pulp and Paper \10\..................................          X           X           X           X           X           X           X           X
T. Halogenated Solvent Cleaning.........................          X           X           X           X           X           X           X           X
U. Polymers and Resins I................................          X           X           X           X           X           X           X           X
W. Polymers and Resins II-Epoxy.........................          X           X           X           X           X           X           X           X
X. Secondary Lead Smelting..............................          X           X           X           X           X           X           X           X
Y. Marine Tank Vessel Loading...........................                                  X                       X                       X
AA. Phosphoric Acid Manufacturing Plants................          X           X           X           X           X           X                       X
BB. Phosphate Fertilizers Production Plants.............          X           X           X           X           X           X                       X
CC. Petroleum Refineries................................          X           X           X           X           X           X           X           X
DD. Off-Site Waste and Recovery.........................          X           X           X           X           X           X           X           X
EE. Magnetic Tape Manufacturing.........................          X           X           X           X           X           X           X           X
GG. Aerospace Manufacturing & Rework....................          X           X           X           X           X           X           X           X
HH. Oil and Natural Gas Production Facilities...........          X           X           X           X           X           X                       X
II. Shipbuilding and Ship Repair........................          X           X           X           X           X           X           X           X
JJ. Wood Furniture Manufacturing Operations.............          X           X           X           X           X           X           X           X
KK. Printing and Publishing Industry....................          X           X           X           X           X           X           X           X
LL. Primary Aluminum \11\...............................          X                       X                       X
OO. Tanks--Level 1......................................          X           X           X           X           X           X                       X
PP. Containers..........................................          X           X           X           X           X           X                       X
QQ. Surface Impoundments................................          X           X           X           X           X           X                       X
RR. Individual Drain Systems............................          X           X           X           X           X           X                       X
SS. Closed Vent Systems, Control Devices, Recovery                X           X           X           X           X           X                       X
 Devices and Routing to a Fuel Gas System or Process....
TT. Equipment Leaks--Control Level 1....................          X           X           X           X           X           X                       X
UU. Equipment Leaks--Control Level 2....................          X           X           X           X           X           X                       X
VV. Oil-Water Separators and Organic-Water Separators...          X           X           X           X           X           X                       X
WW. Storage Vessels (Tanks)--Control Level 2............                                  X                       X
YY. Source Categories: Generic MACT.....................                                  X                       X
CCC. Steel Pickling--HCl Process Facilities and                                           X                       X
 Hydrochloric Acid Regeneration Plants..................
DDD. Mineral Wool Production............................                                  X                       X
EEE.Hazardous Waste Combustors..........................                                  X                       X
GGG. Pharmaceuticals Production.........................                                  X                       X
HHH. Natural Gas Transmission and Storage Facilities....                                  X                       X
III. Flexible Polyurethane Foam Production..............                                  X                       X
JJJ. Polymers and Resins IV.............................                                  X                       X                       X
LLL. Portland Cement Manufacturing......................                                  X                       X
MMM. Pesticide Active Ingredient Production.............                                  X                       X
NNN. Wool Fiberglass Manufacturing......................                                  X                       X
OOO. Manufacture of Amino Phenolic Resins...............
PPP. Polyether Polyols Production.......................                                  X                       X
RRR. Secondary Aluminum Production......................
TTT. Primary Lead Smelting..............................                                  X                       X
VVV. Publicly Owned Treatment Works.....................

[[Page 35124]]

 
XXX. Ferroalloys Production: Ferromanganese &                                             X                       X
 Silicomanganese........................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ General Provision authorities which may not be delegated include: Secs.  63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major
  alternatives to test methods; Sec.  63.8(f) for approval of major alternatives to monitoring; Sec.  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.''
\2\ Washington Department of Ecology (July 1, 2000)
Note: Delegation of Subpart M to Ecology applies to part 70 sources only.
\3\ Benton Clean Air Authority (July 1, 2000)
\4\ Northwest Air Pollution Authority (July 1, 1999)
\5\ Olympic Air Pollution Control Authority (July 1, 2000)
\6\ Puget Sound Clean Air Agency (July 1, 1999)
\7\ Spokane County Air Pollution Control Authority (July 1, 2000)
\8\ Southwest Air Pollution Control Authority (August 1, 1998)
\9\ Yakima Regional Clean Air Authority (July 1, 2000)
Note: Delegation of Subpart M to YRCAA applies to part 70 sources only.
\10\ Subpart S of this part is delegated to these agencies as applies to all applicable facilities and processes as defined in 40 CFR 63.440, except
  kraft and sulfite pulping mills. The Washington Department of Ecology (Ecology) retains the authority to regulate kraft and sulfite pulping mills in
  the State of Washington, pursuant to Washington Administrative Code (WAC) 173-405-012 and 173-410-012.
\11\ Subpart LL of this part cannot be delegated to any local agencies in Washington because Ecology retains the authority to regulate primary aluminum
  plants, pursuant to WAC 173-415-012.
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. 01-16692 Filed 7-2-01; 8:45 am]
BILLING CODE 6560-50-P