[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21703-21706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10812]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WA25-1-6520a; FRL-5190-1]


Approval and Promulgation of Implementation Plans: Washington

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is approving in part, 
disapproving in part, and taking no action on the Regulations of the 
Southwest Air Pollution Control Authority (SWAPCA) for the control of 
air pollution in Clark, Cowlitz, Lewis, Skamania, and Wahkiakum 
Counties, Washington, as revisions to the Washington State 
Implementation Plan (SIP). These Regulations were submitted by the 
Director of the Washington State Department of Ecology (WDOE) on April 
11, 1994. In accordance with Washington statutes, SWAPCA rules must be 
at least as stringent as the WDOE statewide rules.

DATES: This action will be effective on July 3, 1995 unless adverse or 
critical comments are received by June 2, 1995. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston, 
SIP Manager, Air Programs Branch (AT-082), EPA, Docket # WA25-1-6520, 
1200 Sixth Avenue, Seattle, Washington 98101.
    Documents which are incorporated by reference are available for 
public inspection at the Air and Radiation Docket and Information 
Center, EPA, 401 M Street, SW, Washington, D.C. 20460. Copies of 
material submitted to EPA may be examined during normal business hours 
at the following locations: EPA, Region 10, Air Programs Branch, 1200 
Sixth Avenue (AT-082), Seattle, Washington 98101, and Washington 
Department of Ecology, PO Box 47600, Olympia, Washington 98504.

FOR FURTHER INFORMATION CONTACT: Kelly McFadden, Air Programs Branch 
(AT-082), EPA, Region 10, Seattle, Washington 98101, (206) 553-1059.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 11, 1994, the Director of WDOE submitted to EPA Region 10 
regulations for SWAPCA affecting Clark, Cowlitz, Lewis, Skamania, and 
Wahkiakum Counties. SWAPCA and WDOE held joint public hearings on June 
15, 1993 and September 21, 1993, to receive public comments on the 
revisions to SWAPCA's rules and the submittal to EPA as a revision to 
the Washington SIP.
    SWAPCA requested that the WDOE submit these additions to EPA for 
incorporation into the Washington SIP.

II. Description of Plan Revisions

    The SWAPCA amendments submitted by WDOE on April 11, 1994 for 
inclusion into the Washington SIP are local air pollution regulations 
which are at least as stringent as the statewide rules of the WDOE. EPA 
is approving in part, disapproving in part, and taking no action on the 
various portions of SWAPCA's submitted regulations. In this rulemaking, 
EPA is approving the following sections, except as noted, adopted by 
SWAPCA on September 21, 1993 under SWAPCA Regulation 400, General 
Regulations for Air Pollution Sources, as a revision to the Washington 
SIP:

400-010  Policy and Purpose
400-020  Applicability
400-030  Definitions, except the second sentences of (14) and (43)
400-040  General Standards for Maximum Emissions, except (1) (c) and 
(d), (2), (4), and the exception provision of (6)(a)
400-050  Emission Standards for Maximum Emissions, except the exception 
provision in (3)
400-052  Stack Sampling of Major Combustion Sources
400-060  Emission Standards for General Process Units
400-070  Emission Standards for Certain Source Categories, except (7)
400-081  Startup and Shutdown
400-090  Voluntary Limits on Emissions
400-100  Registration and Operating Permits, except the first sentence 
of (3) (a)(iv), (a)(v) and (5)
400-101  Sources Exempt From Registration Requirements
400-105  Records, Monitoring and Reporting
400-107  Excess Emissions
400-110  New Source Review
400-112  Requirements for New Sources in Nonattainment Area
400-113  Requirements for New Sources in Attainment or Nonclassifiable 
Areas
[[Page 21704]]

400-114  Requirements for Replacement or Substantial Alteration of 
Emission Control Technology at an Existing Stationary Source
400-151  Retrofit Requirements for Visibility Protection
400-161  Compliance Schedules
400-171  Public Involvement
400-190  Requirements for Nonattainment Areas
400-200  Creditable Stack Height and Dispersion Techniques
400-205  Adjustment for Atmospheric Conditions
400-210  Emission Requirements of Prior Jurisdiction
400-220  Requirements for Board Members
400-230  Regulatory Actions
400-240  Criminal Penalties
400-250  Appeals
400-260  Conflict of Interest

    The following discussion of sections in SWAPCA Regulation 400, 
explains which sections EPA is approving, disapproving, or taking no 
action on. The following actions are being approved unless exceptions 
are noted:
    Section 010--Policy and Purpose, explains SWAPCA's goals and 
policies. Section 020--Applicability, explains over what sources and 
area SWAPCA's regulations apply. EPA finds that Section 030--
Definitions, are consistent with the requirements of 40 CFR Part 51, 
Subpart I, however the second sentences of definitions (14) Class I 
area and (43) Mandatory Class I area are not being acted on as they may 
create a future conflict if a SWAPCA source is found to affect a Class 
I area that is not listed. Section 030 Definition (78) SIP shall be 
approved as its changed to read ``* * * and approved by EPA'' rather 
than ``* * * and submitted to EPA for approval''. Section 040--General 
Standards for Maximum Emissions, details the maximum emissions allowed 
within SWAPCA's jurisdiction for those emission units emitting criteria 
pollutants and that are not more specifically controlled by SWAPCA 
Sections 050 through 075. Section 040(1) (c) and (d) are being 
disapproved due to their allowance for the establishment of alternative 
opacity limits. EPA is also disapproving the exception provision of 
Section 040(6)(a) which provides an exception to the sulfur dioxide 
emission limitation. EPA is taking no action on Section 040(2) Fallout 
and Section 40(4) Odors as these provisions are not related to the 
criteria pollutants regulated under the SIP. Section 050--Emission 
Standards for Combustion and Incineration Units, contains more specific 
requirements than Section 040, and is included for those emission units 
that incinerate or combust as part of their operation process, but the 
exception provision in paragraph (3) allows for the establishment of an 
alternative oxygen correction factor for combustion and incineration 
sources and is therefore being disapproved. Section 052--Stack Sampling 
of Major Combustion Sources, contains requirements for particular 
sources to monitor or conduct emissions testing in order to prove 
compliance for their applicable pollutants. Section 060--Emission 
Standards for General Process Units, explains the maximum particulate 
matter permitted for those process units not specifically covered in 
SWAPCA Sections 050 through 075 and references the procedures that may 
be used to determine source compliance. EPA is approving Section 070--
Emission Standards for Certain Source Categories except for subsection 
(7)--Sulfuric Acid Plants, where no action is taken as it is not 
related to the criteria pollutants regulated under the SIP. No action 
is being taken on Section 075--Emission Standard for Sources Emitting 
Hazardous Air Pollutants because it has no relation to the criteria 
pollutants that are regulated under the SIP. Section 081--Startup and 
Shutdown, establishes a requirement that State and local air pollution 
control authorities consider any physical constraints on the ability of 
a source to comply with a standard whenever an authority promulgates a 
technology-based emission standard or makes a control technology 
determination. Where the authority determines that the source is not 
capable of achieving continuous compliance with a standard during 
startup or shutdown, the authority shall establish appropriate 
limitations to regulate the performance of the source during startup or 
shutdown conditions. Section 090--Voluntary Limits on Emissions, 
provides a mechanism for the owner or operator of a source to apply 
for, and obtain, enforceable conditions that limit the source's 
potential to emit. Section 100--Registration and Operating Permits, 
explains those sources that need to register with SWAPCA for operation. 
The portions that are not being acted on eliminate the requirement for 
operating program sources to pay a fee due to EPA's approval of 
SWAPCA's Operating Permit Program. Section 101--Sources Exempt From 
Registration Requirements, lists the emissions units that are exempt 
from registration with the Authority and the requirement to maintain 
sufficient documentation to prove such. Section 105--Records, 
Monitoring and Reporting, explains the steps that notified sources must 
follow in order to comply with the applicable emission limitations and 
control measures required by SWAPCA. Section 107--Excess Emission, 
establishes requirements for reporting periods of excess emissions and 
the procedures and criteria for determining, in the context of an 
enforcement action, when such excess emissions are unavoidable and 
could therefore be excused and not subject to penalty. Section 110--New 
Source Review, includes the procedures for submittal of applications, 
making completeness determinations and final determinations, and 
appeals of orders of approval. Section 112--Requirements for New 
Sources in Nonattainment Areas, specifies the requirements for new and 
modified major and minor stationary sources proposing to locate in 
designated nonattainment areas. Section 113--Requirements for New 
Sources in Attainment or Nonclassifiable Areas, specifies the 
requirements for new and modified major and minor stationary sources 
located in attainment areas. Section 114--Requirements for Replacement 
or Substantial Alteration of Emission Control Technology at an Existing 
Stationary Source, explains the procedure that is to be followed when 
replacing or altering the emission control technology on an existing 
stationary source. EPA is taking no action on Section 115--Standards of 
Performance for New Sources, as this provision is not related to the 
criteria pollutants regulated under the SIP. EPA is disapproving the 
following: Section 120 Bubble Rules, Section 130 Acquisition and Use of 
Emission Reduction Credits, Section 131 Issuance of Emission Reduction 
Credits, and Section 136 Use of Emission Reduction Credits; as these 
regulations do not comply with the requirements of EPA's Final 
Emissions Trading Policy Statement (51 FR 43814) for source-specific 
alternative emission limits (bubbles) and creditable emission 
reductions for new source permitting. Section 141--Prevention of 
Significant Deterioration (PSD) is being disapproved as it does not 
meet the requirements of 40 CFR 51.166. Section 151--Retrofit 
Requirements for Visibility Protection, requires sources that may cause 
or contribute to impairment of visibility by emitting more than 250 
tons/yr of any contaminant and affecting any mandatory Class I area to 
apply technology to reduce that impairment. Section 161--Compliance 
Schedules, allows SWAPCA to issue a schedule to sources violating an 
emission standard, [[Page 21705]] or another provision of regulation 
400, which will bring the source into compliance within a specified 
period of time. Section 171--Public Involvement, lists which types of 
application or other actions require public notice, and what 
constitutes public notice. The inclusion of Section 172--Technical 
Advisory Council, is not a requirement of the Clean Air Act, and does 
not directly apply to the regulation of the criteria pollutants, and 
thus is not being acted for inclusion into the SIP. Section 180--
Variance, is being disapproved because it allows SWAPCA to grant a 
variance to the requirements governing the quality, nature, duration, 
or extent of discharges of air contaminants. Section 190--Requirements 
for Nonattainment Areas, requires consultation with local government 
and public involvement. Section 200--Credible Stack Height and 
Dispersion Techniques, explains how to determine a source's credible 
stack height. Section 205--Adjustment for Atmospheric Conditions, 
prohibits varying the emissions rate in response to the varying 
atmospheric conditions. Section 210--Emission Requirements of Prior 
Jurisdictions, requires that the more stringent standards apply when 
jurisdiction is transferred. Section 220--Requirements for Board 
Members, prohibits Board members from administering enforcement 
programs in which a significant portion of their income is derived. 
Section 230--Regulatory Actions, explains the enforcement actions to be 
taken by SWAPCA when its regulations have not been followed. Section 
240--Criminal Penalties, subjects violators of SWAPCA's regulations to 
the provisions of RCW 70.94.430. Section 250--Appeals, explains who 
appeals may be made to and under what circumstances. Section 260--
Conflict of Interest, explains that all board members and officials 
that vote on air pollution sources must comply with the Federal Clean 
Air Act.
    SWAPCA's regulations are similar to the state of Washington's WAC 
173-400, and therefore if a more detailed explanation of the approvals/
disapprovals is wanted, one should refer to the January 15, 1993 (58 FR 
4578) Federal Register notice.

III. Summary of EPA Action

    EPA is approving the following sections, with the following 
exceptions, of SWAPCA 400--General Regulation for Air Pollution 
Sources: 010; 020; 030 except the second sentences of (14) and (43); 
040 except (1)(c) and (1)(d) (2) (4) and the exception provision of 
(6)(a); 050 except the exception provision of (3); 052; 060; 070 except 
(7); 081; 090; 100 except the first sentence of (3)(a)(iv) and (5); 
101; 105; 107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 
220; 230; 240; 250; and 260.
    EPA is disapproving the following sections: 040(1) (c) and (d); the 
exception provision of 040(6)(a); the exception provision in 050(3); 
120; 130; 131; 136; 141; and 180.
    EPA is taking no action on the following sections: the second 
sentence of 030 (14) and (43); 040(2); 040(4); 070(7); 075; the first 
sentence of 100(3)(a)(iv); 100(3)(a)(v); 100(5); 115; and 172.

IV. Administrative Review

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, Part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the state is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective July 3, 1995 unless, by June 2, 1995, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective July 3, 1995.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments enacted on November 15, 1990. The EPA has determined 
that this action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The OMB has exempted this regulatory action from 
E.O. 12866 review.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 3, 1995. 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), 42 U.S.C. 
7607(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Note: Incorporation by reference of the Implementation Plan for 
the State of Washington was approved by the Director of the Office 
of Federal Register on July 1, 1982.

     [[Page 21706]] Dated: March 30, 1995.
Chuck Clarke,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart WW--Washington

    2. Section 52.2470 is amended by adding paragraph (c)(51) to read 
as follows:


Sec. 52.2470  Identification of plan.

* * * * *
    (c) * * *
    (51) On April 11, 1994 the Washington Department of Ecology (WDOE) 
submitted the Southwest Air Pollution Control Authority (SWAPCA) 400 
General Regulations for Air Pollution Sources as a revision to the 
Washington State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) April 11, 1994 letter from the Director of WDOE to EPA Region 
10 submitting the Southwest Air Pollution Control Authority SWAPCA 400 
Regulation, General Regulations for Air Pollution Sources.
    (B) Regulations of the Southwest Air Pollution Control Authority--
Sections 010; 020; 030 except the second sentences of (14) and (43); 
040 except (1)(c) and (1)(d) (2) (4) and the exception provision of 
(6)(a); 050 except the exception provision of (3); 052; 060; 070 except 
(7); 081; 090; 100 except the first sentence of (3)(a)(iv) and (5); 
101; 105; 107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 
220; 230; 240; 250; and 260, effective on November 8, 1993.

[FR Doc. 95-10812 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-P