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ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 52

WA ID: [WA-04-002; FRL-7642-6]

NOTICE: PROPOSED RULES

ACTION: Air programs; approval and promulgation; State plans for designated facilities and pollutants:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Approval and Promulgation of Implementation Plans; Washington

DATES: Written comments must be received on or before May 3, 2004.

DOCUMENT SUMMARY: EPA invites public comment on its proposal to approve numerous revisions to the State of Washington Implementation Plan. The Director of the Washington State Department of Ecology (Ecology) submitted two requests to EPA dated September 24, 2001 and February 9, 2004 to revise certain sections of the Puget Sound Clean Air Agency's (PS Clean Air) regulation. The revisions were submitted in accordance with the requirements of section 110 of the Clean Air Act (hereinafter the Act). EPA is not approving in this rulemaking a number of submitted rule provisions which are inappropriate for EPA approval and is taking no action on a number of other provisions that are unrelated to the purposes of the implementation plan.

EPA also invites public comment on its proposal to approve certain sourcespecific State implementation plan (SIP) revisions relating to Saint Gobain Containers and LaFarge North America.

SUMMARY: Washington,

SUPPLEMENTAL INFORMATION

Table of Contents
I. Background of Submittal
II. Requested Sections to be Approved into the SIP, but not IBR'd

A. Key Changes to PS Clean Air's SIP

B. Summary of Action

1. Sections 3.01 through 3.21 in Regulation I, Article 3: General Provisions

2. Section 3.23 Alternate Means of Compliance
III. Requested Sections to be IBR'd into the SIP

A. Key Changes to PS Clean Air's SIP

B. Summary of Action

1. Provisions Approved by EPA and IBR'd

2. Provisions not Approved by EPA

3. Provisions on Which EPA is Taking No Action at this Time IV. Requested Sections to be Removed from the SIP

A. Summary of Action

1. Regulation I

2. Regulation II

3. Regulation III
V. Saint Gobain Containers, NOC Order of Approval 8244

A. Background

B. Summary of Action
VI. LaFarge North America, NOC Order of Approval 5183

A. Background

B. Summary of Action
VII. Geographic Scope of SIP Approval
VIII. General Information
IX. Statutory and Executive Order Reviews

I. Background of Submittal

On February 9, 2004, the Director of Ecology submitted a request to EPA to revise certain sections of PS Clean Air's regulation, which has been referred to as the PS Clean Air Cleanup or Resolution 1004. PS Clean Air adopted Resolution 1004 in order to facilitate the State Implementation Plan Process Improvement Project (SIP PIP), which was initiated by EPA Region 10 to simplify preparing and adopting SIP revisions. An important element of this process is to not include in the SIP portions of those regulations that are not related to attainment or maintenance of the NAAQS or to the requirements for SIPs under the Act. Another important element of this process is to include in the SIP, but not to submit for incorporation by reference into Federal law, portions of regulations that provide legal authority necessary to meet the requirements of title I of the Act, but do not directly regulate air emissions, because incorporating such general authority provisions by reference into Federal law is unnecessary and could potentially conflict with EPA's independent authorities. PS Clean Air also had as a goal to eliminate, where possible, duplicate regulations found in Ecology regulations and EPA regulations.

PS Clean Air is therefore requesting that all sections of their currently SIP approved regulations that are not related to criteria pollutants or to the requirements for SIPs under title I of the Act be removed from the SIP and has submitted a current version of their regulations to EPA as a SIP revision. The current submittal includes only those sections or regulations relating to criteria pollutants or to the requirements for SIPs and designates those provisions that are being submitted as part of the SIP but that should not be incorporated by reference into Federal law.
II. Requested Sections to be Approved Into the SIP, but not IBR'd A. Key Changes to PS Clean Air's SIP

Only three out of the eleven sections in Regulation I, Article 3: General Provisions have been revised since they were last approved into the SIP. These include Sections 3.01, Duties and Powers of the Control Officer; 3.11, Civil Penalties; and 3.17, Appeal of Orders. The revisions to these three sections are
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limited to editorial changes such as, Agency name changes; updated penalty fees; and references to the authority of the Board in addition to the Control Officer.
B. Summary of Action
1. Sections 3.01 through 3.21 in Regulation I, Article 3: General Provisions

EPA is proposing to approve the following sections as part of the

FOR FURTHER INFORMATION CONTACT Roylene A. Cunningham, EPA, Office of Air Quality (OAQ107), Seattle, Washington 98101, (206) 5530513, or e mail address: cunningham.roylene@epa.gov.