[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Rules and Regulations]
[Pages 23721-23730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09889]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0755; FRL-9926-95-Region 10]


Approval and Promulgation of Implementation Plans; Washington: 
Prevention of Significant Deterioration and Visibility Protection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Washington State Implementation Plan (SIP) that were 
submitted by the Department of Ecology (Ecology) on January 27, 2014. 
These revisions implement the preconstruction permitting regulations 
for large industrial (major source) facilities in attainment and 
unclassifiable areas, called the Prevention of Significant 
Deterioration (PSD) program. The PSD program in Washington has been 
historically operated under a Federal Implementation Plan (FIP). This 
approval of Ecology's PSD program narrows the FIP to include only those 
few facilities, emission sources, geographic areas, and permits for 
which Ecology does not have PSD permitting jurisdiction or authority. 
The EPA is also approving Ecology's visibility protection permitting 
program which overlaps significantly with the PSD program.

DATES: This final rule is effective on May 29, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2014-0755. All documents in the docket are 
listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information the disclosure of which 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Planning Unit, Office of Air, Waste and Toxics, EPA 
Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The EPA requests that 
if at all possible, you contact the individual listed in the FOR 
FURTHER INFORMATION CONTACT section to view the hard copy of the 
docket. You may view the hard copy of the docket Monday through Friday, 
8:00 a.m. to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, 
[email protected], or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: 

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials ``Act'' or ``CAA'' mean or refer to the 
Clean Air Act, unless the context indicates otherwise.
    (ii) The words ``EPA'', ``we'', ``us'' or ``our'' mean or refer to 
the Environmental Protection Agency.
    (iii) The initials ``SIP'' mean or refer to State Implementation 
Plan.
    (iv) The words ``Washington'' and ``State'' mean the State of 
Washington.

Table of Contents

I. Background Information
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background Information

    On January 27, 2014, Ecology submitted revisions to update the 
general air quality regulations contained in Chapter 173-400 of the 
Washington Administrative Code (WAC) that apply to sources within 
Ecology's jurisdiction, including minor new source review, major source 
nonattainment new source review (major NNSR), PSD, and the visibility 
protection (visibility) program. On October 3, 2014, the EPA finalized 
approval of provisions contained in Chapter 173-400 WAC that apply 
generally to all sources under Ecology's jurisdiction, but stated that 
we would act separately on the major source-specific permitting 
programs in a phased approach (79 FR 59653). On November 7, 2014, the 
EPA finalized the second phase in the series, approving the major NNSR 
regulations contained in WAC 173-400-800 through 173-400-860, as well 
as other parts of Chapter 173-400 WAC that support major NNSR (79 FR 
66291).
    On January 7, 2015, the EPA proposed approval of the remainder of 
Ecology's January 27, 2014 submittal, covering the PSD and visibility 
requirements for

[[Page 23722]]

major stationary sources under Ecology's jurisdiction (80 FR 838). An 
explanation of the Clean Air Act (CAA) requirements, submitted 
revisions, and the EPA's reasons for and limitations of the proposed 
approval are provided in the notice of proposed rulemaking, which, 
together with this document, provides the basis for our final action. 
The public comment period for this proposed rule ended on February 6, 
2015. The EPA received two sets of similar comments on the proposal.
    Before addressing the public comments, the EPA is clarifying its 
discussion in the January 7, 2015 proposal, regarding two important 
distinctions between the applicability of Ecology's minor NSR program 
and its PSD program. These differences arise from the State's 
definitions of the terms ``modification'' in WAC 173-400-030(48) and 
``major modification'' in WAC 173-400-710 and -720, which adopt the 
Federal definitions in 40 CFR 52.21(b)(2) for Ecology's PSD program. 
See 80 FR at 840. The proposal first noted that the applicability test 
for ``modifications'' under Ecology's minor NSR program is based on the 
definition of modification in CAA section 111(a)(4) and the EPA's 
implementing rules at 40 CFR 60.14, and specifically, that a 
modification is an increase in the emission rate of an existing 
facility in terms of kilograms per hour. See WAC 173-400-030(48). The 
proposal then noted that the applicability test under the Federal PSD 
program is based on tons per year. The EPA is clarifying here that 
under Washington's PSD program, the determination of whether a project 
(as that term is defined in 40 CFR 52.21(b)(52) and which is adopted by 
reference at WAC 173-400-720(4)(a)(vi)) is a ``major modification'' is, 
consistent with the Federal PSD program, based on whether the project 
results in both a significant emissions increase and a significant net 
emissions increase in terms of tons per year. See WAC 400-173-
720(4)(a)(vi) (which adopts by reference the Federal PSD applicability 
test and definitions in 40 CFR 52.21(a)(2) and (b)(2), respectively); 
see also WAC 173-400-710(a). Therefore, as stated in the proposal, for 
any physical or operational change at an existing stationary source, 
regulated sources and permitting authorities will need to calculate 
emission changes in terms of both kilograms per hour and tons per year 
to determine whether changes are subject to minor NSR, PSD, or both.
    Second, the proposal discussed a difference in minor NSR versus PSD 
review in Washington that arises from a limitation on the scope of the 
review of a modification under Ecology's minor NSR program. The EPA 
first noted that, under Ecology's minor NSR program, new source review 
of a modification is limited to the emission unit or units proposed to 
be modified and the air contaminants whose emissions would increase as 
a result of the modification. See WAC 173-400-110(1)(d) (``New source 
review of a modification is limited to the emission unit or units 
proposed to be modified and the air contaminants whose emissions would 
increase as a result of the modification.''). In contrasting this minor 
NSR provision with the requirements of Ecology's PSD program (and the 
Federal PSD program), the EPA incorrectly used the phrase ``new and 
modified units'' rather than the terms ``new emissions units'' and 
``existing emissions units,'' the terminology used in 40 CFR 
52.21(a)(2), which is incorporated into Washington's PSD regulations 
and the subject of this final SIP approval. The EPA is emphasizing here 
that, under Ecology's PSD program (as under the Federal PSD program), 
review of a project that is a ``major modification'' must be done in 
accordance with the provisions of WAC 173-400-700 through 173-400-750, 
and that the limitation in WAC 173-400-110(1)(d) on the review of a 
``modification'' does not apply to a ``major modification.'' See WAC 
173-400-110(1)(d) (``Review of a major modification must comply with 
WAC 173-400-700 through 173-400-750 or 173-400-800 through 173-400-860, 
as applicable.'').

II. Response to Comments

    The EPA received two sets of similar comments from the Northwest 
Pulp & Paper Association and the Washington Forest Protection 
Association regarding carbon dioxide (CO2) emissions from 
industrial combustion of biomass.

A. CO2 Emissions From Industrial Combustion of Both Fossil 
Fuel and Biomass

    Comment: The EPA must clearly explain in the final approval that, 
due to the limitations imposed by Revised Code of Washington (RCW) 
70.235.020(3) concerning the industrial combustion of biomass,\1\ the 
EPA is retaining the authority to conduct the best available control 
technology (BACT) analysis for PSD permits only for biogenic 
CO2 emissions from biomass and will coordinate its 
processing and issuance of PSD permits with the Department of Ecology. 
One of the commenters specifically requests clarity regarding 
situations where there are multiple combustion fuels producing 
CO2 from a source and whether Ecology would retain PSD 
permitting authority for CO2 emissions resulting from the 
industrial combustion of non-biomass fuels from such a source.
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    \1\ Note that one commenter refers to the exemption in RCW 
70.235.020(3) as applying to ``forest biomass'' and points to the 
definition of that term in RCW 79.02.010(7)(a). RCW 70.235.020(3), 
however, uses the term ``biomass,'' not ``forest biomass,'' and 
nothing in RCW Ch. 70.235 indicates that the definitions in RCW Ch. 
79.02 are to be used in interpreting RCW Ch. 70.235. We therefore 
continue to use the terminology in RCW Ch. 79.02 in describing the 
scope of the remaining Federal Implementation Plan for PSD in 
Washington.
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    Response: As discussed in the proposal of this rule, RCW 
70.235.020(3) statutorily bars Ecology from regulating CO2 
under Ecology's PSD program in some circumstances. That statute 
provides that ``[e]xcept for purposes of reporting, emissions of carbon 
dioxide from industrial combustion of biomass in the form of fuel wood, 
wood waste, wood by-products, and wood residuals shall not be 
considered a greenhouse gas as long as the region's silvicultural 
sequestration capacity is maintained or increased.'' The EPA has been 
actively examining whether under Federal law CO2 emissions 
from the industrial combustion of biomass may be exempt from the PSD 
permitting requirements in a manner similar to RCW 70.235.020(3). In 
2011, the EPA adopted a rule that deferred, for a period of three 
years, the application of the PSD and Title V permitting requirements 
to CO2 emissions from bioenergy and other biogenic 
stationary sources (biogenic CO2). 76 FR 43490 (July 20, 
2011) (Biomass Deferral Rule). During the three-year deferral period, 
the EPA conducted a detailed examination of the science associated with 
biogenic CO2 emissions from stationary sources and developed 
a document entitled ``Accounting Framework for Biogenic CO2 
Emissions from Stationary Sources,'' which the Agency submitted to the 
EPA Science Advisory Board (SAB) for peer review.
    On July 12, 2013, the U.S. Court of Appeals for the District of 
Columbia Circuit issued a decision overturning the Biomass Deferral 
Rule. Center for Biological Diversity v. EPA, 722 F.3d 421 (D.C. Cir. 
2013). Although this decision has not yet taken effect because of 
matters still pending in the courts, the Biomass Deferral Rule expired 
on its own terms on July 21, 2014. The EPA was not able to issue an 
additional rule before this date addressing the regulation of biogenic 
CO2 emissions from stationary sources in the PSD permitting 
program. However, the EPA plans to propose revisions to the PSD

[[Page 23723]]

rules to include an exemption from the BACT requirement for GHGs from 
waste-derived feedstocks and from non-waste biogenic feedstocks derived 
from sustainable forest or agricultural practices. For all other 
biogenic feedstocks, the EPA intends to propose that biogenic 
CO2 emissions would remain subject to the GHG BACT 
requirement at this time. See Memorandum from Janet McCabe, Acting 
Assistant Administrator, Office of Air and Radiation, to EPA Air 
Division Directors, Regions 1-10, ``Addressing Biogenic Carbon Dioxide 
Emissions from Stationary Sources,'' (Nov. 19, 2014). In addition, to 
continue advancing our understanding of the role biomass can play in 
reducing overall GHG emissions, the EPA has developed a second draft of 
the Framework for Assessing Biogenic CO2 Emissions from 
Stationary Sources, and is initiating a second round of targeted peer 
review through its SAB.
    Although the EPA is planning to initiate the rulemaking described 
above that would enable states to avoid applying BACT to GHG emissions 
from combustion of biogenic feedstocks derived from sustainable forest 
or agricultural practices, the CAA and EPA regulations presently 
require that PSD permitting programs address CO2 emissions 
from the industrial combustion of biomass. CO2 is a gas 
included in the definition of ``greenhouse gas'' used in the Federal 
PSD program.\2\ Because GHGs are a pollutant subject to regulation 
under the CAA, section 165 of the Act requires GHG emissions from a 
major source obtaining a PSD permit to be subject to PSD requirements, 
particularly the requirement to meet emission limitations based on 
application of BACT. After the expiration of the three-year period in 
the EPA's Biomass Deferral Rule, there is presently no EPA rule in 
place that exempts the CO2 emissions from the industrial 
combustion of biomass from the requirements of the PSD permitting 
program. As discussed in our January 7, 2015 proposal (80 FR 838), 
because of the Supreme Court decision in Utility Air Regulatory Group 
v. Environmental Protection Agency, 134 S.Ct. 2427, the EPA is not 
applying the requirement that a state's SIP-approved PSD program 
require that sources obtain PSD permits when GHGs are the only 
pollutant (i) that the source emits or has the potential to emit above 
the major source thresholds, or (ii) for which there is a significant 
emissions increase and a significant net emissions increase from a 
physical change or change in the method of operation of a major 
stationary source.\3\ However, the BACT requirement remains applicable 
to GHGs from a source that is subject to PSD because it is major for 
another regulated NSR pollutant (what is known as an ``anyway source'') 
and which would emit a significant amount of GHGs (i.e., more than 
75,000 tons per year CO2 equivalent emissions, 
CO2e, as defined in 40 CFR 52.21(b)(49)). Absent an EPA rule 
establishing an exemption for CO2 emissions from biomass 
combustion, the determination of BACT for a regulated NSR pollutant 
must consider all of the emissions of each pollutant subject to 
regulation under the Act. Because RCW 70.235.020(3) prohibits Ecology 
from establishing BACT limits for such sources that include 
CO2 emissions resulting from the industrial combustion of 
biomass, Washington law is inconsistent with the EPA's current 
regulations implementing the PSD provisions in the CAA in that regard.
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    \2\ See 40 CFR 52.21(b)(49)(definition of ``subject to 
regulation'').
    \3\ Under this decision, the Supreme Court held that the EPA may 
not treat GHGs as an air pollutant for purposes of determining 
whether a source is a major source (or major modification thereof) 
required to obtain a PSD permit, but that the EPA could continue to 
require that PSD permits, otherwise required based on emissions of 
pollutants other than GHGs, contain limitations on GHG emissions 
based on the application of BACT. See 80 FR at 842.
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    As a result, the EPA must retain a FIP under 40 CFR 52.21 and issue 
partial PSD permits to ensure that major sources in Washington have a 
means to satisfy the CAA construction permit requirements for GHGs when 
CO2 emissions from the industrial combustion of biomass in 
Washington cannot be considered or regulated by Ecology under its PSD 
rules.\4\ Because Ecology does have authority to carry out all PSD 
requirements for GHGs except for sources permitted to engage in the 
industrial combustion of biomass, the EPA is approving Ecology's 
regulations as part of the Washington PSD SIP for such purposes.
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    \4\ PSD permitting of CO2 emissions from such sources 
was also excluded from the 2013 Delegation Agreement between the EPA 
and Washington.
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    For sources subject to the FIP, the EPA is retaining the authority 
to conduct the BACT analysis for all GHGs when necessary, not just the 
biogenic CO2 emissions not covered by the Washington 
permitting program under RCW 70.235.020(3). Because the regulated NSR 
pollutant is GHGs and not CO2, the Federal PSD permit issued 
by the EPA under the FIP will contain a BACT limit covering all GHG 
emissions from a subject emission unit when that unit is permitted to 
emit biogenic CO2 not covered by the Washington permitting 
program. The EPA believes it should retain authority over all GHG 
emissions at such sources to avoid difficulties that could arise if 
Ecology and the EPA each separately evaluated BACT for only a portion 
of the GHG emissions from an emission unit. For example, each agency 
could end up calculating cost values that would not reflect the true 
cost of the control options for GHG emissions because not all GHGs, as 
defined under the Federal PSD program, would be considered by either 
agency.
    Thus, the EPA FIP addresses the impact of the Washington statutory 
provision in two ways. First, the Ecology and the EPA definitions of 
GHGs are effectively different, with the EPA's definition being more 
inclusive (i.e., it does not exclude CO2 emissions from the 
industrial combustion of biomass) so an ``anyway source'' could be 
subject to PSD for GHGs under the FIP when it would not be subject to 
PSD under the SIP. In this situation, the EPA will issue a Federal PSD 
permit under 40 CFR 52.21 for the new major stationary source or major 
modification that would require BACT for GHGs for all subject emission 
units at the source, regardless of whether CO2 emissions 
were from the industrial combustion of biomass or from other sources of 
GHG emissions at the facility. Second, if an ``anyway source'' is 
subject to PSD for GHG emissions under both the SIP and the FIP, but 
there are CO2 emissions from the industrial combustion of 
biomass that cannot be addressed in the Ecology PSD permit, the EPA 
will issue a Federal PSD permit under 40 CFR 52.21 requiring BACT for 
GHGs for each subject emissions unit with CO2 emissions from 
the industrial combustion of biomass. Note that the Ecology PSD permit 
issued under the SIP will address all other subject emission units that 
do not have CO2 emissions from the industrial combustion of 
biomass. We have revised the language of 40 CFR 52.2497 to reflect this 
clarification.
    Given this dual CAA PSD permitting authority in situations where 
there are multiple combustion fuels producing CO2 from a 
source engaged in the industrial combustion of biomass in Washington, 
the EPA will coordinate closely with Ecology during the PSD permit 
issuance process.

B. EPA Guidance

    Comment: The EPA should also clarify that it will follow the EPA's 
existing guidance on BACT for biogenic emissions, ``Guidance for 
Determining

[[Page 23724]]

Best Available Control Technology for Reducing Carbon Dioxide Emissions 
from Bioenergy Production'' (March 2011 guidance).
    Response: The March 2011 guidance is the EPA's most recent guidance 
on the topic of BACT determinations for bioenergy production and the 
EPA will consider it, as appropriate, in issuing PSD permits under the 
FIP. The EPA will also consider prior BACT determinations for GHGs at 
biomass facilities, such as the one reflected in the permit EPA Region 
9 issued to Sierra Pacific Industries. In the November 19, 2014 
Memorandum cited above, the EPA has also stated that the Agency 
anticipates providing additional guidance to sources undergoing BACT 
analyses involving biogenic feedstocks. To the extent that guidance is 
available at the time the EPA issues permits under the FIP discussed in 
this rule, the EPA will consider that guidance as well.

C. The EPA's Next Steps on Biogenic CO2 Emissions From Stationary 
Sources

    Comment: One commenter referenced the EPA's memorandum, 
``Addressing Biogenic Carbon Dioxide Emissions from Stationary 
Sources,'' from Janet McCabe, Acting Assistant Administrator, Office of 
Air and Radiation, to EPA Air Division Directors, Regions 1--10, 
November 19, 2014, regarding biogenic CO2 emissions and 
urged the EPA to complete rulemaking regarding this issue in an 
expeditious manner.
    Response: The EPA will endeavor to complete this rulemaking in a 
timely manner. After considering public comments on the proposal for 
that rule, if the final rule contains an exemption that aligns with the 
scope of RCW 70.235.020(3), the EPA will reevaluate the extent to which 
the FIP established in this rule should remain applicable to Washington 
facilities with CO2 emissions from the industrial combustion 
of biomass. To enable the EPA to remove such sources from the FIP, 
Washington may need to consider whether an amendment to RCW 
70.235.020(3) is appropriate to match the scope of any final rule 
adopted by the EPA.

III. Final Action

    For the reasons set forth in our proposed rulemaking at 80 FR 838, 
January 7, 2015, as further discussed above, the EPA is approving and 
incorporating by reference the PSD and visibility permitting 
regulations submitted by Ecology on January 27, 2014. This action is 
the third and final in a series approving the remaining elements 
contained in Ecology's January 27, 2014 submittal. The previous two 
actions consisted of the EPA's October 3, 2014 (79 FR 59653) approval 
of general provisions that apply to all air pollution sources and the 
EPA's November 7, 2014 (79 FR 66291) approval of requirements that 
implement major source NNSR.

A. Rules Approved and Incorporated by Reference Into the SIP

    The EPA is approving and incorporating by reference into 
Washington's SIP at 40 CFR part 52, subpart WW, the PSD and visibility 
permitting regulations listed in the table below. A full copy of the 
regulations is included in the docket for this action. The EPA has also 
determined that the general air quality regulations at WAC 173-400-036, 
WAC 173-400-110, WAC 173-400-111, WAC 173-400-112, WAC 173-400-113, WAC 
173-400-171, and WAC 173-400-560, to the extent they relate to 
implementation of Ecology's PSD and visibility programs, also meet the 
EPA's requirements for subject sources.\5\
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    \5\ The EPA previously approved these regulations as part of our 
October 3, 2014 approval of Ecology's minor new source review (NSR) 
program. Approval of these regulations for purposes of implementing 
the PSD and visibility programs is subject to the exceptions and 
explanations described in the EPA's July 10, 2014 proposed (79 FR 
39351) and October 3, 2014 final action (79 FR 59653), and the 
January 7, 2015 proposed action (80 FR 838) on the general air 
quality regulations contained in WAC 173-400-036, WAC 173-400-110, 
WAC 173-400-111, WAC 173-400-112, WAC 173-400-113, WAC 173-400-171, 
and WAC 173-400-560.

                               Regulations Approved and Incorporated by Reference
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                                                             State
       State citation              Title/Subject           effective                   Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
                       Chapter 173-400 WAC, General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-036................  Relocation of Portable           12/29/12  ........................................
                              Sources.
173-400-110................  New Source Review (NSR)          12/29/12  Except:
                              for Sources and Portable                  173-400-110(1)(c)(ii)(C); 173-400-
                              Sources.                                   110(1)(e); 173-400-110(2)(d);
                                                                        The part of WAC 173-400-110(4)(b)(vi)
                                                                         that says,
                                                                         ``not for use with materials
                                                                         containing toxic air pollutants, as
                                                                         listed in chapter 173-460 WAC,'';
                                                                        The part of 400-110 (4)(e)(iii) that
                                                                         says,
                                                                         ``where toxic air pollutants as
                                                                         defined in chapter 173-460 WAC are not
                                                                         emitted'';
                                                                        The part of 400-110(4)(e)(f)(i) that
                                                                         says,
                                                                         ``that are not toxic air
                                                                         pollutants listed in chapter 173-460
                                                                         WAC'';
                                                                        The part of 400-110 (4)(h)(xviii) that
                                                                         says,
                                                                         ``, to the extent that toxic
                                                                         air pollutant gases as defined in
                                                                         chapter 173-460 WAC are not emitted'';
                                                                        The part of 400-110 (4)(h)(xxxiii) that
                                                                         says,
                                                                         ``where no toxic air pollutants
                                                                         as listed under chapter 173-460 WAC are
                                                                         emitted'';
                                                                        The part of 400-110(4)(h)(xxxiv) that
                                                                         says,
                                                                         ``, or <= 1% (by weight) toxic
                                                                         air pollutants as listed in chapter 173-
                                                                         460 WAC'';
                                                                        The part of 400-110(4)(h)(xxxv) that
                                                                         says,
                                                                         ``or <= 1% (by weight) toxic
                                                                         air pollutants'';
                                                                        The part of 400-110(4)(h)(xxxvi) that
                                                                         says,
                                                                         ``or <= 1% (by weight) toxic
                                                                         air pollutants as listed in chapter 173-
                                                                         460 WAC'';
                                                                        400-110(4)(h)(xl) , second sentence; and

[[Page 23725]]

 
                                                                        The last row of the table in 173-400-
                                                                         110(5)(b) regarding exemption levels
                                                                         for Toxic Air Pollutants.
173-400-111................  Processing Notice of             12/29/12  Except:
                              Construction                              173-400-111(3)(h);
                              Applications for                          173-400-111(3)(i);
                              Sources, Stationary                       The part of 173-400-111(8)(a)(v) that
                              Sources and Portable                       says,
                              Sources.                                   ``and 173-460-040,''; and 173-
                                                                         400-111(9).
173-400-112................  Processing Notice of             12/29/12  Except:
                              Construction                              173-400-112(8).
                              Applications for
                              Sources, Stationary
                              Sources and Portable
                              Sources.
173-400-113................  New Sources in Attainment        12/29/12  Except:
                              or Unclassifiable Areas--                 173-400-113(3), second sentence.
                              Review for Compliance
                              with Regulations.
173-400-116................  Increment Protection.....         9/10/11  ........................................
173-400-117................  Special Protection               12/29/12  ........................................
                              Requirements for Federal
                              Class I Areas.
173-400-171................  Public Notice and                12/29/12  Except:
                              Opportunity for Public                    The part of 173-400-171(3)(b) that says,
                              Comment.
                                                                         ``or any increase in emissions
                                                                         of a toxic air pollutant above the
                                                                         acceptable source impact level for that
                                                                         toxic air pollutant as regulated under
                                                                         chapter 173-460 WAC''; and
                                                                        173-400-171(12).
173-400-560................  General Order of Approval        12/29/12  Except:
                                                                        The part of 173-400-560(1)(f) that says,
                                                                        ``173-460 WAC''.
173-400-700................  Review of Major                    4/1/11  ........................................
                              Stationary Sources of
                              Air Pollution.
173-400-710................  Definitions..............        12/29/12  ........................................
173-400-720................  Prevention of Significant        12/29/12  Except:
                              Deterioration (PSD).                      173-400-720(4)(a)(i through iv); 173-400-
                                                                         720(4)(b)(iii)(C); and 173-400-
                                                                         720(4)(a)(vi) with respect to the
                                                                         incorporation by reference of the text
                                                                         in 40 CFR 52.21(b)(49)(v),
                                                                         52.21(i)(5)(i), and 52.21(k)(2).
173-400-730................  Prevention of Significant        12/29/12  ........................................
                              Deterioration
                              Application Processing
                              Procedures.
173-400-740................  PSD Permitting Public            12/29/12  ........................................
                              Involvement Requirements.
173-400-750................  Revisions to PSD Permits.        12/29/12  Except:
                                                                        173-400-750(2) second sentence.
----------------------------------------------------------------------------------------------------------------

B. Transfer of Existing EPA-Issued PSD Permits

    As discussed in the proposal, Ecology requested approval to 
exercise its authority to fully administer the PSD program with respect 
to those sources under Ecology's permitting jurisdiction that have 
existing PSD permits issued by the EPA since August 7, 1977. 80 FR 843, 
January 7, 2015. Upon the effective date of this approval of Ecology's 
PSD program into the SIP, we transfer the EPA-issued PSD permits issued 
on and after August 7, 1977 to Ecology. The EPA retains authority to 
administer PSD permits issued by the EPA in Washington prior to August 
7, 1977. Id.

C. Scope of Final Action

1. WAC 173-400-700 Through 173-400-750
    Under WAC 173-400-700, Ecology's PSD regulations contained in WAC 
173-400-700 through 173-400-750 apply statewide, except where a local 
clean air agency has received delegation of the Federal PSD program 
from the EPA or has a SIP-approved PSD program. At this time, no local 
clean air agencies in Washington have a delegated or SIP-approved PSD 
program. For the reasons provided in the preambles to the proposed and 
final notices of rulemaking, the EPA is therefore approving WAC 173-
400-700 through 173-400-750 to apply statewide, with the three 
exceptions described below. For the following exceptions, the PSD FIP 
codified at 40 CFR 52.2497 and 40 CFR 52.21 will continue to apply, and 
the EPA will retain responsibility for issuing PSD permits to and 
implementing the Federal PSD program for such sources:
a. Sources Under the Energy Facilities Site Evaluation Council (EFSEC) 
Jurisdiction
    By statute, Ecology does not have authority to issue PSD permits to 
sources under the jurisdiction of EFSEC. See Chapter 80.50 of the 
Revised Code of Washington (RCW). Therefore, the EPA's approval of 
Ecology's PSD program, under WAC 173-400-700 through 173-400-750, 
excludes projects under the jurisdiction of EFSEC. Such sources will 
continue to be subject to the PSD FIP codified at 40 CFR 52.2497 and 40 
CFR 52.21, until such time that EFSEC's PSD rules are approved into the 
SIP.
b. CO2 Emissions From Industrial Combustion of Biomass
    As discussed above, under a provision contained in RCW 70.235.020, 
Greenhouse Gas Emissions Reductions--Reporting Requirements, Ecology is 
statutorily barred from

[[Page 23726]]

regulating certain GHG emissions. As a result, the EPA is retaining a 
FIP under 40 CFR 52.21 and will issue partial PSD permits to ensure 
that major sources in Washington have a means to satisfy the CAA 
construction permit requirements for GHGs when CO2 emissions 
from the industrial combustion of biomass in Washington are not being 
considered or regulated by Ecology under its PSD rules. Because Ecology 
does have authority to carry out all PSD requirements for GHGs except 
for sources permitted to engage in the industrial combustion of 
biomass, the EPA is approving Ecology's regulations as part of the 
Washington PSD SIP for such purposes.
c. Sources in Certain Areas of Indian Country
    Excluded from the scope of this final approval of Ecology's PSD 
program are all Indian reservations in the State, except as 
specifically noted below, and any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction. Sources on such 
lands will continue to be subject to the PSD FIP codified at 40 CFR 
52.2497 and 40 CFR 52.21.
    Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 
U.S.C. 1773, Congress explicitly provided state and local agencies in 
Washington authority over activities on non-trust lands within the 
exterior boundaries of the Puyallup Indian Reservation (also known as 
the 1873 Survey Area) and the EPA is therefore proposing to approve 
Ecology's PSD regulations into the SIP with respect to such lands.
d. Scope of PSD FIP in Washington
    Consistent with the limitations on the scope of the EPA's final 
approval of WAC 173-400-700 through 173-400-750 in the Washington SIP, 
the EPA retains, but significantly narrows, the scope of the current 
PSD FIP codified at 40 CFR 52.2497. The EPA will continue to implement 
the current PSD FIP as provided in III.C.1.a., b., and c. of this 
document.
2. WAC 173-400-116 and 173-400-117
    With respect to the EPA's approval of WAC 173-400-116 and WAC 173-
400-117, the SIP-approved provisions of WAC 173-400-020 govern 
jurisdictional applicability for those sections. WAC 173-400-020 
states, ``[t]he provisions of this chapter shall apply statewide, 
except for specific subsections where a local authority has adopted and 
implemented corresponding local rules that apply only to sources 
subject to local jurisdiction as provided under RCW 70.94.141 and 
70.94.331.'' Because Ecology will be the only authority in Washington 
with a SIP-approved PSD program that would implement WAC 173-400-116, 
Increment Protection, the EPA's approval of WAC 173-400-116 applies 
statewide, with the two exceptions discussed below. Similarly, the 
scope of our approval of WAC 173-400-117, Special Protection 
Requirements for Federal Class I Areas, applies statewide for PSD 
permits issued by Ecology under WAC 173-400-700 through 173-400-750, 
noting the two exceptions discussed below. However, for visibility-
related elements associated with permits issued under the major NNSR 
program, the applicability of WAC 173-400-117 is more complicated 
because local clean air agencies have the authority under state law to 
have alternative, but no less stringent, permitting requirements. 
Therefore, consistent with the EPA's November 7, 2014 approval of 
Ecology's major NNSR program, our approval of WAC 173-400-117, as it 
relates to NNSR permits issues under WAC 173-400-800 through 173-400-
860, is limited to only those counties or sources where Ecology has 
direct jurisdiction. The counties where Ecology has direct jurisdiction 
are: Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, 
Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, 
San Juan, Stevens, Walla Walla, and Whitman Counties, with the two 
exceptions discussed below. The EPA also notes that under the SIP-
approved provisions of WAC 173-405-012, WAC 173-410-012, and WAC 173-
415-012, Ecology has statewide, direct jurisdiction for kraft pulp 
mills, sulfite pulping mills, and primary aluminum plants, excluding 
certain areas of Indian country as discussed further. The EPA is 
therefore approving WAC 173-400-117 in all areas of the state under 
Ecology's jurisdiction for those specified source categories.
    For the following exceptions the visibility FIP codified at 40 CFR 
52.2498 will continue to apply and the EPA will retain responsibility 
for issuing visibility permits for such sources:
a. Sources Under the Energy Facilities Site Evaluation Council (EFSEC) 
Jurisdiction
    By State statute, Ecology does not have authority to issue permits 
to sources under the jurisdiction of EFSEC. See Chapter 80.50 of the 
Revised Code of Washington (RCW). Therefore, the EPA's approval of WAC 
173-400-116 and 173-400-117 excludes projects under the jurisdiction of 
EFSEC. Such sources will continue to be subject to the visibility FIP 
codified at 40 CFR 52.2498, until such time that EFSEC's corollaries to 
WAC 173-400-116 and 173-400-117 are approved into the SIP.
b. Sources in Certain Areas of Indian Country
    Excluded from the scope of this final approval of the visibility 
permitting program are all Indian reservations in the State, except as 
specifically noted below, and any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction. Sources on such 
lands will continue to be subject to the visibility FIP codified at 40 
CFR 52.2498.
    Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 
U.S.C. 1773, Congress explicitly provided state and local agencies in 
Washington authority over activities on non-trust lands within the 
exterior boundaries of the Puyallup Indian Reservation (also known as 
the 1873 Survey Area) and the EPA is therefore proposing to approve 
Ecology's visibility regulations into the SIP with respect to such 
lands for those facilities where Ecology has direct jurisdiction.
c. Scope of Visibility FIP in Washington
    Consistent with the limitations on the scope of our approval of 
Ecology's major NNSR program (79 FR at 43349), the EPA retains, but 
significantly narrows, the scope of the current visibility FIP codified 
at 40 CFR 52.2498.

D. The EPA's Oversight Role

    As discussed in the proposal, 80 FR at 845, in approving state new 
source review rules into SIPs, the EPA has a responsibility to ensure 
that all states properly implement their SIP-approved preconstruction 
permitting programs. The EPA's approval of Ecology's PSD rules does not 
divest the EPA of the responsibility to continue appropriate oversight 
to ensure that permits issued by Ecology are consistent with the 
requirements of the CAA, Federal regulations, and the SIP. The EPA's 
authority to oversee permit program implementation is set forth in 
sections 113, 167, and 505(b) of the CAA. For example, section 167 
provides that the EPA shall issue administrative orders, initiate civil 
actions, or take whatever other action may be necessary to prevent the 
construction or modification of a major stationary source that does not 
``conform to the requirements of'' the PSD program. Similarly, section 
113(a)(5) of the CAA provides for administrative orders and civil 
actions whenever the EPA finds that a state ``is not acting in 
compliance with'' any requirement or prohibition of the CAA regarding 
the construction of new

[[Page 23727]]

sources or modification of existing sources. Likewise, section 
113(a)(1) provides for a range of enforcement remedies whenever the EPA 
finds that a person is in violation of an applicable implementation 
plan.
    In making judgments as to what constitutes compliance with the CAA 
and regulations issued thereunder, the EPA looks to (among other 
sources) its prior interpretations regarding those statutory and 
regulatory requirements and policies for implementing them. It follows 
that state actions implementing the Federal CAA that do not conform to 
the CAA may lead to potential oversight action by the EPA.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Washington State Department of Ecology regulations listed in section 
II.A. Rules Approved and Incorporated by Reference into the SIP of this 
preamble. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because this action does not involve technical standards; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land in 
Washington except as specifically noted below and is also not approved 
to apply in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
Washington's SIP is approved to apply on non-trust land within the 
exterior 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 in Washington authority over activities on non-trust 
lands within the 1873 Survey Area. Consistent with EPA policy, the EPA 
provided a consultation opportunity to the Puyallup Tribe in a letter 
dated February 25, 2014. The EPA did not receive a request for 
consultation.
    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. The EPA will submit a report containing this action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action 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 filed in the United States Court of Appeals for 
the appropriate circuit by June 29, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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).)

List of Subjects in 40 CFR Part 52

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

    Dated: April 13, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons stated in the preamble, 40 CFR part 52 is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart WW--Washington

0
2. Section 52.2470 is amended in paragraph (c), Table 2--Additional 
Regulations Approved for Washington Department of Ecology (Ecology) 
Direct Jurisdiction by:
0
a. Revising the heading;
0
b. Revising the entries 173-400-036, 173-400-110, 173-400-111, 173-400-
112, and 173-400-113;
0
c. Adding in numerical order entries for 173-400-116 and 173-400-117;
0
d. Revising the entries 173-400-171 and 173-400-560;
0
e. Adding in numerical order entries for 173-400-700, 173-400-710, 173-

[[Page 23728]]

400-720, 173-400-730, 173-400-740, and 173-400-750; and
0
f. Removing the footnote at end of Table 2.
    The revisions and additions read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

   Table 2--Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction
 [Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat,
   Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities
 subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-
 trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other area where the EPA
  or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for
 facilities subject to the applicability sections of WAC 173-400-700, WAC 173-405-012, WAC 173-410-012, and WAC
                                                  173-415-012]
----------------------------------------------------------------------------------------------------------------
                                       State
 State citation    Title/subject     effective     EPA approval                    Explanations
                                       date            date
----------------------------------------------------------------------------------------------------------------
         Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
173-400-036.....  Relocation of        12/29/12  04/29/15         ..............................................
                   Portable                       [Insert
                   Sources.                       Federal
                                                  Register
                                                  citation].
 
                                                  * * * * * * *
173-400-110.....  New Source           12/29/12  04/29/15         Except:
                   Review (NSR)                   [Insert         173-400-110(1)(c)(ii)(C);
                   for Sources                    Federal         173-400-110(1)(e); 173-400-110(2)(d);
                   and Portable                   Register        The part of WAC 173-400-110(4)(b)(vi) that
                   Sources.                       citation].       says,
                                                                   ``not for use with materials
                                                                   containing toxic air pollutants, as listed in
                                                                   chapter 173-460 WAC,'';
                                                                  The part of 400-110 (4)(e)(iii) that says,
                                                                   ``where toxic air pollutants as
                                                                   defined in chapter 173-460 WAC are not
                                                                   emitted'';
                                                                  The part of 400-110(4)(e)(f)(i) that says,
                                                                   ``that are not toxic air pollutants
                                                                   listed in chapter 173-460 WAC'';
                                                                  The part of 400-110 (4)(h)(xviii) that says,
                                                                   ``, to the extent that toxic air
                                                                   pollutant gases as defined in chapter 173-460
                                                                   WAC are not emitted'';
                                                                  The part of 400-110 (4)(h)(xxxiii) that says,
                                                                   ``where no toxic air pollutants as
                                                                   listed under chapter 173-460 WAC are
                                                                   emitted'';
                                                                  The part of 400-110(4)(h)(xxxiv) that says,
                                                                   ``or <= 1% (by weight) toxic air
                                                                   pollutants as listed in chapter 173-460
                                                                   WAC'';
                                                                  The part of 400-110(4)(h)(xxxv) that says,
                                                                   ``or <= 1% (by weight) toxic air
                                                                   pollutants'';
                                                                  The part of 400-110(4)(h)(xxxvi) that says,
                                                                   ``or <= 1% (by weight) toxic air
                                                                   pollutants as listed in chapter 173-460
                                                                   WAC'';
                                                                  400-110(4)(h)(xl), second sentence; and
                                                                  The last row of the table in 173-400-110(5)(b)
                                                                   regarding exemption levels for Toxic Air
                                                                   Pollutants.
173-400-111.....  Processing           12/29/12  04/29/15         Except:
                   Notice of                      [Insert         173-400-111(3)(h);
                   Construction                   Federal         173-400-111(3)(i);
                   Applications                   Register        The part of 173-400-111(8)(a)(v) that says,
                   for Sources,                   citation].       ``and 173-460-040,''; and
                   Stationary                                     173-400-111(9).
                   Sources and
                   Portable
                   Sources.
173-400-112.....  Requirements         12/29/12  04/29/15         Except:
                   for New                        [Insert         173-400-112(8).
                   Sources in                     Federal
                   Nonattainment                  Register
                   Areas--Review                  citation].
                   for Compliance
                   with
                   Regulations.
173-400-113.....  New Sources in       12/29/12  04/29/15         Except:
                   Attainment or                  [Insert         173-400-113(3), second sentence.
                   Unclassifiable                 Federal
                   Areas--Review                  Register
                   for Compliance                 citation].
                   with
                   Regulations.
173-400-116.....  Increment             9/10/11  04/29/15         ..............................................
                   Protection.                    [Insert
                                                  Federal
                                                  Register
                                                  citation].

[[Page 23729]]

 
173-400-117.....  Special              12/29/12  04/29/15         ..............................................
                   Protection                     [Insert
                   Requirements                   Federal
                   for Federal                    Register
                   Class I Areas.                 citation].
 
                                                  * * * * * * *
173-400-171.....  Public Notice        12/29/12  04/29/15         Except:
                   and                            [Insert         The part of 173-400-171(3)(b) that says,
                   Opportunity                    Federal          ``or any increase in emissions of a
                   for Public                     Register         toxic air pollutant above the acceptable
                   Comment.                       citation].       source impact level for that toxic air
                                                                   pollutant as regulated under chapter 173-460
                                                                   WAC''; and
                                                                  173-400-171(12).
 
                                                  * * * * * * *
173-400-560.....  General Order        12/29/12  04/29/15         Except:
                   of Approval.                   [Insert         The part of 173-400-560(1)(f) that says,
                                                  Federal         ``173-460 WAC''.
                                                  Register
                                                  citation].
173-400-700.....  Review of Major        4/1/11  04/29/15         ..............................................
                   Stationary                     [Insert
                   Sources of Air                 Federal
                   Pollution.                     Register
                                                  citation].
173-400-710.....  Definitions....      12/29/12  04/29/15         ..............................................
                                                  [Insert
                                                  Federal
                                                  Register
                                                  citation].
173-400-720.....  Prevention of        12/29/12  04/29/15         Except:
                   Significant                    [Insert         173-400-720(4)(a)(i-iv); 173-400-
                   Deterioration                  Federal          720(4)(b)(iii)(C); and 173-400-720(4)(a)(vi)
                   (PSD).                         Register         with respect to the incorporation by
                                                  citation].       reference of the text in 40 CFR
                                                                   52.21(b)(49)(v), 52.21(i)(5)(i), and
                                                                   52.21(k)(2).
173-400-730.....  Prevention of        12/29/12  04/29/15         ..............................................
                   Significant                    [Insert
                   Deterioration                  Federal
                   Application                    Register
                   Processing                     citation].
                   Procedures.
173-400-740.....  PSD Permitting       12/29/12  04/29/15         ..............................................
                   Public                         [Insert
                   Involvement                    Federal
                   Requirements.                  Register
                                                  citation].
173-400-750.....  Revisions to         12/29/12  04/29/15         Except:
                   PSD Permits.                   [Insert         173-400-750(2) second sentence.
                                                  Federal
                                                  Register
                                                  citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2497 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  52.2497  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not fully met because the plan does not include approvable 
procedures for preventing the significant deterioration of air quality 
from:
    (1) Facilities subject to the jurisdiction of the Energy Facilities 
Site Evaluation Council pursuant to Chapter 80.50 Revised Code of 
Washington (RCW);
    (2) Facilities with carbon dioxide (CO2) emissions from 
the industrial combustion of biomass in the following circumstances:
    (i) Where a new major stationary source or major modification would 
be subject to Prevention of Significant Deterioration (PSD) 
requirements for greenhouse gases (GHGs) under Sec.  52.21, but would 
not be subject to PSD under the state implementation plan (SIP) because 
CO2 emissions from the industrial combustion of biomass are 
excluded from consideration as GHGs as a matter of state law under RCW 
70.235.020(3); or
    (ii) Where a new major stationary source or major modification is 
subject to PSD for GHGs under both the Washington SIP and the FIP, but 
CO2 emissions from the industrial combustion of biomass are 
excluded from consideration in the Ecology PSD permitting process 
because of the exclusion in RCW 70.235.020(3);
    (3) Indian reservations in Washington, except for non-trust land 
within the exterior boundaries of the Puyallup Indian Reservation (also 
known as the 1873 Survey Area) as provided in the Puyallup Tribe of 
Indians Settlement Act of 1989, 25 U.S.C. 1773, and any other area 
where the EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction; and
    (4) Sources subject to PSD permits issued by the EPA prior to 
August 7, 1977, but only with respect to the general administration of 
any such permits still in effect (e.g., modifications, amendments, or 
revisions of any nature).

[[Page 23730]]

    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21, except paragraph (a)(1), are 
hereby incorporated and made a part of the applicable plan for 
Washington for the facilities, emission sources, geographic areas, and 
permits listed in paragraph (a) of this section. For situations 
addressed in paragraph (a)(2)(i) of this section, the EPA will issue a 
Federal PSD permit under Sec.  52.21 to the new major stationary source 
or major modification addressing PSD requirements applicable to GHGs 
for all subject emission units at the source, regardless of whether 
CO2 emissions resulted from the industrial combustion of 
biomass or from other sources of GHGs at the facility. For situations 
addressed in paragraph (a)(2)(ii) of this section, the EPA will issue a 
Federal PSD permit under Sec.  52.21 addressing PSD requirements 
applicable to GHGs for each subject emissions unit that is permitted to 
emit CO2 from the industrial combustion of biomass.
* * * * *

0
4. Section 52.2498 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  52.2498  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
fully met because the plan does not include approvable procedures for 
visibility new source review for:
    (1) Facilities subject to the jurisdiction of the Energy Facilities 
Site Evaluation Council pursuant to Chapter 80.50 Revised Code of 
Washington;
    (2) Sources subject to the jurisdiction of local air authorities;
    (3) Indian reservations in Washington except for non-trust land 
within the exterior boundaries of the Puyallup Indian Reservation (also 
known as the 1873 Survey Area) as provided in the Puyallup Tribe of 
Indians Settlement Act of 1989, 25 U.S.C. 1773, and any other area 
where the EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction.
    (b) Regulations for visibility new source review. The provisions of 
Sec.  52.28 are hereby incorporated and made a part of the applicable 
plan for Washington for the facilities, emission sources, and 
geographic areas listed in paragraph (a) of this section.
* * * * *

[FR Doc. 2015-09889 Filed 4-28-15; 8:45 am]
 BILLING CODE 6560-50-P