Air programs; State authority delegations: Washington,

[Federal Register: April 22, 1999 (Volume 64, Number 77)]

[Rules and Regulations]

[Page 19719-19722]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr22ap99-13]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6326-2]

Approval of the Clean Air Act, Section 112(l), Delegation of Authority to Puget Sound Air Pollution Control Agency in Washington; Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Delegation of authority; amendment.

SUMMARY: This action provides an amendment to a direct final Federal Register action published on December

[[Page 19720]]

1, 1998 (see 63 FR 66054), that granted Clean Air Act, section 112(l), delegation of authority for three local air agencies in Washington, including Puget Sound Air Pollution Control Agency (PSAPCA), 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 amends 40 CFR 63.99by revising the table outlining PSAPCA's current delegation status.

DATES: This amendment is effective on April 22, 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 (Pub. L. 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 filedin the United States Court of Appeals for the appropriate circuit by June 21, 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 the Puget Sound Air Pollution Control Agency (PSAPCA), 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). Since the February 1, 1999, effective date of that program approval and delegation of authority, Ecology has submitted an updated delegation request on behalf of PSAPCA. In a letter dated March 1, 1999, Ecology requested updated delegation for PSAPCA to implement and enforce specific 40 CFR part 63 National Emission Standards for Hazardous Air Pollutants (NESHAPs) in effect as of July 1, 1998, as these new and revised standards have been adopted unchanged into PSAPCA Regulation III, section 2.02 (as amended on September 10, 1998). Consistent with RCW 70.94.860 and the approved mechanism for streamlined delegation (see page 66057, 63 FR 66054, December 1, 1998), EPA granted this updated delegation request to Ecology for purposes of redelegating to PSAPCA in a letter to Ecology dated March 19, 1999. The effective date of that letter and the updated delegation was March 29, 1999.

Therefore, PSAPCA now has the authority to implement and enforce 40 CFR part 63 NESHAPs in effect as of July 1, 1998. This update includes any revisions to previously delegated 40 CFR part 63 standards, and the following new NESHAPs: Subpart S (Pulp & Paper), Subpart LL (Primary Aluminum), and Subpart EEE (Hazardous Waste Combustors).

PSAPCA is now the primary point of contact with respect to these delegated NESHAPs. Pursuant to 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii), EPA waived the requirement that notifications and reports for delegated standards be submitted to EPA in addition to PSAPCA. Therefore, sources within PSAPCA's jurisdiction should send notification and reports for delegated NESHAPs to PSAPCA, and do not need to send a copy to EPA.

This updated delegation for PSAPCA to implement and enforce NESHAPs does not extend to sources or activities located in Indian country, as defined in 18 U.S.C. 1151, except for those non-trust lands 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. Therefore, PSAPCA will implement and enforce the NESHAPs on these non-trust lands within the 1873 Survey Area. EPA will continue to implement the NESHAPs in all other Indian country, consistent with previous federal program approvals or delegations, because PSAPCA does not have authority over sources and activities located within the exterior boundaries of Indian reservations and other areas in Indian country.

List of Subjects in 40 CFR Part 63

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

Dated: April 8, 1999. Chuck Clarke, Regional Administrator, Region X.

40 CFR Part 63 is amended as follows:

[[Page 19721]]

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 63.99is amended by revising the table in paragraph (a) (47)(i) to read as follows:

   Sec. 63.99Delegated Federal Authorities

   (a) * * *

   (47) * * *

   (i) * * *

   Delegation Status for Part 63 standards--Washington

   Subpart

   Ecology BCAA \2\ NWAPA \3\ OAPCA \4\ PSAPCA \5\ SCAPCA \6\ SWAPCA \7\ YRCAA \8\

   \1\--------------------------------------------------------------------------------------- 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 S......................... Pulp and Paper..............

   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 &

   X

   X

   X Rework. II........................ Shipbuilding and Ship Repair

   X

   X

   X JJ........................ Wood Furniture Manufacturing

   X

   X

   X Operations. KK........................ Printing and Publishing

   X

   X

   X Industry. LL........................ Primary Aluminum............

   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

   X

   X Organic-Water Separators. EEE....................... Hazardous Waste Combustors..

   X 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 (7/1/98) \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 are not 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 19722]]

   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. 99-9606Filed4-21-99; 8:45 am]

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