[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Proposed Rules]
[Pages 55280-55284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23144]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2015-0600: FRL-9934-07-Region 10]
Approval and Promulgation of Implementation Plans; Washington:
Additional Regulations for the Benton Clean Air Agency Jurisdiction
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Washington State Implementation Plan (SIP)
that were submitted by the Department of Ecology (Ecology) in
coordination with Benton Clean Air Agency (BCAA) on August 25, 2015. In
the fall of 2014 and spring of 2015, the EPA approved numerous
revisions to Ecology's general air quality regulations. However, our
approval of the updated Ecology regulations applied only to geographic
areas where Ecology, and not a local air authority, has jurisdiction,
and statewide to source categories over which Ecology has sole
jurisdiction. Under the Washington Clean Air Act local clean air
agencies, such as BCAA, have the option of adopting equally stringent
or more stringent standards or requirements in lieu of Ecology's
general air quality regulations, if they so choose. Therefore, the EPA
stated that we would evaluate the general air quality regulations as
they apply to local jurisdictions in separate, future actions. If
finalized, this proposed action would allow BCAA to rely primarily on
Ecology's general air quality regulations for sources within BCAA's
jurisdiction, including implementation of the minor new source review
and nonattainment new source review permitting programs. This action
also proposes approval of a small set of BCAA regulatory provisions
that replace or supplement parts of Ecology's general air quality
regulations.
DATES: Comments must be received on or before October 15, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0600, by any of the following methods:
A. www.regulations.gov: Follow the on-line instructions for
submitting comments.
B. Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and Toxics
(AWT-150), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
C. Email: [email protected].
D. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of
Air, Waste and Toxics, AWT-150. Such deliveries are only accepted
during normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0600. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider
[[Page 55281]]
your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in
www.regulations.gov or in hard copy during normal business hours at the
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256,
[email protected], or by using the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, it is intended to refer to the EPA.
Table of Contents
I. Background for Proposed Action
II. Washington SIP Revisions
III. The EPA's Proposed Action
A. Regulations To Approve and Incorporate by Reference Into the
SIP
B. Regulations To Approve But Not Incorporate by Reference
C. Regulations To Remove From the SIP
D. Scope of Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background for Proposed Action
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 under
Ecology's direct jurisdiction. On October 3, 2014 (79 FR 59653),
November 7, 2014 (79 FR 66291), and April 29, 2015 (80 FR 23721), the
EPA approved updates to Chapter 173-400 WAC as they apply to geographic
areas and source categories under Ecology's direct jurisdiction. Under
the EPA-approved provisions of WAC 173-400-020, local clean air
agencies have the authority to adopt equally stringent or more
stringent standards or requirements in lieu of the provisions of
Chapter 173-400 WAC. Local clean air agencies also have the option to
rely on parts of Chapter 173-400 WAC, but substitute local standards or
requirements for other corresponding provisions. For this reason, the
EPA stated that we would address the applicability of Chapter 173-400
WAC in local clean air agency jurisdictions on a case-by-case basis in
separate, future actions.
II. Washington SIP Revisions
On August 25, 2015, the Director of the Washington Department of
Ecology, as the Governor's designee for SIP revisions, submitted a
request to update the general air quality regulations as they apply to
the jurisdiction of BCAA. See 40 CFR 52.2470(c)--Table 4. As shown in
Attachment 1 of the SIP revision, included in the docket for this
action, BCAA relies primarily on the recently updated provisions of
Chapter 173-400 WAC for sources within their jurisdiction in Benton
County, including minor new source review permitting and major source
nonattainment new source review (if necessary at some point in the
future). Attachment 2 of the SIP revision contains a small set of BCAA
regulations that either supplement or substitute for provisions of
Chapter 173-400 WAC that address regulatory authority, definitions of
specific terms, and fugitive emissions. These provisions fall in two
categories. The first category includes BCAA Regulation 1, sections:
1.01, Name of Agency; 2.01, Powers and Duties of the Benton Clean Air
Agency (BCAA); 2.03, Powers and Duties of the Board of Directors; 2.05,
Severability; and 2.06, Confidentiality. These provisions are generally
administrative in nature, are adopted nearly verbatim from the
Washington Clean Air Act (Revised Code of Washington 70.94), and have
no direct corollaries in Chapter 173-400 WAC. The second category
includes BCAA Regulation 1, sections: 1.02, Policy and Purpose; 1.03,
Applicability; 2.02, Requirements for Board of Directors Members;
4.01(A), Definitions--Fugitive Dust; 4.02(B), Particulate Matter
Emissions--Fugitive Emissions; 4.02(C)(1), Particulate Matter
Emissions--Fugitive Dust; and 4.02(C)(3), Particulate Matter
Emissions--Fugitive Dust. This second category of BCAA regulations
adopt parts of Chapter 173-400 WAC nearly verbatim with minor changes
for readability and clarity. The EPA is proposing to determine that
these changes are consistent with our prior approvals of Chapter 173-
400 WAC and meet Clean Air Act requirements.
III. The EPA's Proposed Action
A. Regulations To Approve and Incorporate by Reference Into the SIP
The EPA proposes to approve and incorporate by reference into the
Washington SIP at 40 CFR 52.2470(c)--Table 4, Additional Regulations
Approved for the Benton Clean Air Agency (BCAA) Jurisdiction, the BCAA
and Ecology regulations listed in the tables below for sources within
BCAA's jurisdiction.
Benton Clean Air Agency (BCAA) Regulations for Proposed Approval
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State/local
State/local citation Title/subject effective date Explanation
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Regulation 1
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1.01............................... Name of Agency................. 12/11/14 ..........................
1.02............................... Policy and Purpose............. 12/11/14 Replaces WAC 173-400-010.
1.03............................... Applicability.................. 12/11/14 Replaces WAC 173-400-020.
4.01(A)............................ Definitions--Fugitive Dust..... 12/11/14 Replaces WAC 173-400-030
(38).
4.01(B)............................ Definitions--Fugitive Emissions 12/11/14 Replaces WAC 173-400-030
(39).
4.02(B)............................ Particulate Matter Emissions-- 12/11/14 Replaces WAC 173-400-
Fugitive Emissions. 040(4).
4.02(C)(1)......................... Particulate Matter Emissions-- 12/11/14 Replaces WAC 173-400-
Fugitive Dust. 040(9)(a).
4.02(C)(3)......................... Particulate Matter Emissions-- 12/11/14 Replaces WAC 173-400-
Fugitive Dust. 040(9)(b).
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[[Page 55282]]
Washington State Department of Ecology Regulations for Proposed Approval
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State/local
State/local citation Title/subject effective date Explanation
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Chapter 173-400 WAC, General Regulations for Air Pollution Sources
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173-400-030........................ Definitions............... 12/29/12 Except: 173-400-030(38); 173-
400-030(39); 173-400-030(91).
173-400-036........................ Relocation of Portable 12/29/12 ...............................
Sources.
173-400-040........................ General Standards for 4/1/11 Except: 173-400-040(2)(c); 173-
Maximum Emissions. 400-040(2)(d); 173-400-040(3);
173-400-040(4); 173-400-
040(5); 173-400-040(7), second
paragraph; 173-400-040(9)(a);
173-400-040(9)(b).
173-400-050........................ Emission Standards for 12/29/12 Except: 173-400-050(2); 173-400-
Combustion and 050(4); 173-400-050(5).
Incineration Units.
173-400-060........................ Emission Standards for 2/10/05 ...............................
General Process Units.
173-400-070........................ Emission Standards for 12/29/12 Except: 173-400-070(7); 173-400-
Certain Source Categories. 070(8).
173-400-081........................ Startup and Shutdown...... 4/1/11 ...............................
173-400-091........................ Voluntary Limits on 4/1/11 ...............................
Emissions.
173-400-105........................ Records, Monitoring and 12/29/12 ...............................
Reporting.
173-400-110........................ New Source Review (NSR) 12/29/12 Except: 173-400-
for Sources and Portable 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;
--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: 173-400-111(3)(h);
Construction Applications --The part of 173-400-
for Sources, Stationary 111(8)(a)(v) that says, ``and
Sources and Portable 173-460-040,''; 173-400-
Sources. 111(9).
173-400-112........................ Requirements for New 12/29/12 Except: 173-400-112(8).
Sources in Nonattainment
Areas--Review for
Compliance with
Regulations.
173-400-113........................ New Sources in Attainment 12/29/12 Except: 173-400-113(3), second
or Unclassifiable Areas-- sentence.
Review for Compliance
with Regulations.
173-400-117........................ Special Protection 12/29/12 Except facilities subject to
Requirements for Federal the applicability provisions
Class I Areas. of WAC 173-400-700.
173-400-118........................ Designation of Class I, 12/29/12 ...............................
II, and III Areas.
173-400-131........................ Issuance of Emission 4/1/11 ...............................
Reduction Credits.
173-400-136........................ Use of Emission Reduction 12/29/12 ...............................
Credits (ERC).
173-400-151........................ Retrofit Requirements for 2/10/05 ...............................
Visibility Protection.
173-400-171........................ Public Notice and 12/29/12 Except:
Opportunity for Public --The part of 173-400-171(3)(b)
Comment. that says, ``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''; 173-400-171(12).
173-400-175........................ Public Information........ 2/10/05 ...............................
173-400-200........................ Creditable Stack Height & 2/10/05 ...............................
Dispersion Techniques.
[[Page 55283]]
173-400-560........................ General Order of Approval. 12/29/12 Except:
--The part of 173-400-560(1)(f)
that says, ``173-460 WAC''.
173-400-800........................ Major Stationary Source 4/1/11 ...............................
and Major Modification in
a Nonattainment Area.
173-400-810........................ Major Stationary Source 12/29/12 ...............................
and Major Modification
Definitions.
173-400-820........................ Determining if a New 12/29/12 ...............................
Stationary Source or
Modification to a
Stationary Source is
Subject to these
Requirements.
173-400-830........................ Permitting Requirements... 12/29/12 ...............................
173-400-840........................ Emission Offset 12/29/12 ...............................
Requirements.
173-400-850........................ Actual Emissions Plantwide 12/29/12 ...............................
Applicability Limitation
(PAL).
173-400-860........................ Public Involvement 4/1/11 ...............................
Procedures.
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B. Regulations To Approve But Not Incorporate by Reference
In addition to the regulations proposed for approval and
incorporation by reference above, the EPA reviews and approves state
and local clean air agency submissions to ensure they provide adequate
enforcement authority and other general authority to implement and
enforce the SIP. However, regulations describing such agency
enforcement and other general authority are generally not incorporated
by reference so as to avoid potential conflict with the EPA's
independent authorities. The EPA has reviewed and is proposing to
approve BCAA, Regulation 1, Article 2, General Provisions, as having
adequate enforcement and other general authority for purposes of
implementing and enforcing its SIP, but is not incorporating this
section by reference into the SIP codified in 40 CFR 52.2470(c).
Instead, the EPA is proposing to include sections 2.01, Powers and
Duties of the Benton Clean Air Agency (BCAA); 2.02, Requirements for
Board of Directors Members (replaces WAC 173-400-220); 2.03, Powers and
Duties of the Board of Directors; 2.04, Powers and Duties of the
Control Officer; 2.05, Severability; and 2.06, Confidentiality of
Records and Information, in 40 CFR 52.2470(e), EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures, as approved but
not incorporated by reference regulatory provisions. Finally, for the
reasons discussed above, the EPA is proposing to move WAC 173-400-230,
Regulatory Actions; WAC 173-400-240, Criminal Penalties; WAC 173-400-
250, Appeals; and WAC 173-400-260, Conflict of Interest, currently
incorporated by reference in 40 CFR 52.2470(c)--Table 4, to the list of
provisions in 40 CFR 52.2470(e) that are approved but not incorporated
by reference.
C. Regulations To Remove From the SIP
The regulations contained in Washington's SIP at 40 CFR
52.2470(c)--Table 4 were last approved by the EPA on June 2, 1995 (60
FR 28726). The EPA is proposing to remove from this table WAC 173-400-
010 and 173-400-020 because these provisions will be replaced by the
BCAA corollaries 1.02, Policy and Purpose and 1.03, Applicability, as
shown in Attachment 2 of the SIP revision. We are also proposing to
remove WAC 173-400-100, because this outdated provision is no longer
part of the EPA-approved SIP for Ecology's direct jurisdiction under
CFR 52.2470(c)--Table 2 and BCAA has requested that it be removed from
the BCAA's jurisdiction under CFR 52.2470(c)--Table 4. For more
information please see the EPA's proposed (79 FR 39351, July 10, 2014)
and final (79 FR 59653, October 3, 2014) actions on the general
provisions of Chapter 173-400 WAC.
D. Scope of Proposed Action
This proposed revision to the SIP applies specifically to the BCAA
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 4.
As discussed in the EPA's proposed (79 FR 39351, July 10, 2014) and
final (79 FR 59653, October 3, 2014) actions on the general provisions
of Chapter 173-400 WAC, jurisdiction is generally defined on a
geographic basis (Benton County); however there are exceptions. By
statute, BCAA does not have authority for sources under the
jurisdiction of the Energy Facilities Site Evaluation Council (EFSEC).
See Revised Code of Washington Chapter 80.50. Under the applicability
provisions of WAC 173-405-012, WAC 173-410-012, and WAC 173-415-012,
BCAA also does not have jurisdiction for kraft pulp mills, sulfite
pulping mills, and primary aluminum plants. For these sources, Ecology
retains statewide, direct jurisdiction. Ecology also retains statewide,
direct jurisdiction for the Prevention of Significant Deterioration
(PSD) permitting program. Therefore, the EPA is not approving into 40
CFR 52.2470(c)--Table 4 those provisions of Chapter 173-400 WAC related
to the PSD program. Specifically, these provisions are WAC 173-400-116
and WAC 173-400-700 through 750.
As described in the EPA's April 29, 2015 final action, jurisdiction
to implement the visibility permitting program contained in WAC 173-
400-117 varies depending on the situation. Ecology retains authority to
implement WAC 173-400-117 as it relates to PSD permits (80 FR 23721).
However for facilities subject to nonattainment new source review
(NNSR) under the applicability provisions of WAC 173-400-800, we are
proposing that BCAA would be responsible for implementing those parts
of WAC 173-400-117 as they relate to NNSR permits. See 80 FR 23726.
Lastly, the SIP is not approved to apply in Indian reservations in
the State, except for non-trust land within the exterior boundaries of
the Puyallup Indian Reservation (also known as the 1873 Survey Area),
or any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction.
IV. Incorporation by Reference
In accordance with requirements of 1 CFR 51.5, the EPA is proposing
to revise
[[Page 55284]]
our incorporation by reference of 40 CFR 52.2470(c)--Table 4
``Additional Regulations Approved for the Benton Clean Air Agency
(BCAA) Jurisdiction'' to reflect the regulations shown in the tables in
section III.A. Regulations to Approve and Incorporate by Reference into
the SIP and the rules proposed for removal from the SIP in section
III.C. Regulations to Remove from the SIP. 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 Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 the 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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it will not impose substantial direct costs on tribal
governments or preempt tribal law. As discussed above, the SIP is not
approved to apply in Indian reservations in the state, except for non-
trust land within the exterior boundaries of the Puyallup Indian
Reservation (also known as the 1873 Survey Area), or any other area
where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 2, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2015-23144 Filed 9-14-15; 8:45 am]
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