Approval of the Clean Air Act, Section 112(l), Delegation of Authority to Three Local Air Agencies in Washington

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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 Southw