Air programs; State authority delegations: Washington,

[Federal Register: December 1, 1998 (Volume 63, Number 230)]

[Proposed Rules]

[Page 66083-66084]

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

[DOCID:fr01de98-28]

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.

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. 98-31241Filed11-30-98; 8:45 am]

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