[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Proposed Rules]
[Pages 53362-53365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19031]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0394, FRL-9950-55-Region 10]


Approval and Promulgation of Implementation Plans; Washington: 
Updates to Incorporation by Reference and Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
State Implementation Plan revisions submitted by the Washington State 
Department of Ecology (Ecology) on July 11, 2016. The revisions update 
the incorporation by reference of Federal provisions cited in Ecology's 
general air quality regulations. The revisions also reflect changes to 
the primary and secondary National Ambient Air Quality Standards 
(NAAQS) for ozone, promulgated since Ecology's last update. Ecology 
also made minor corrections to typographical errors and non-substantive 
edits for clarity, such as standardizing the citation format.

DATES: Comments must be received on or before September 12, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2016-0394 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is

[[Page 53363]]

restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office 
of Air and Waste (AWT-150), Environmental Protection Agency, Region 10, 
1200 Sixth Ave, Suite 900, Seattle, WA 98101; telephone number: (206) 
553-0256; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Analysis of Rule Updates
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Section 110 of the Clean Air Act (CAA) governs the process by which 
a state submits air quality requirements to the EPA for approval into 
the State Implementation Plan (SIP). The SIP is a state's plan to 
implement, maintain and enforce the NAAQS. Ecology's general air 
quality regulations are set forth at Chapter 173-400 of the Washington 
Administrative Code (WAC). The EPA last approved changes to Chapter 
173-400 WAC on April 29, 2015, which incorporates by reference certain 
Federal regulations, as of July 1, 2012 (80 FR 23721). Washington also 
adopts and implements changes to the NAAQS under Chapter 173-476 WAC, 
which the EPA last approved on March 4, 2014 (79 FR 12078). On July 11, 
2016, Washington submitted a request to update Chapters 173-400 and 
173-476 WAC in the SIP, with revised Federal citations as of January 1, 
2016.

II. Analysis of Rule Updates

Chapter 173-400 WAC

    In order to streamline updates to Chapter 173-400 WAC and the 
Washington SIP, Ecology created a new section, WAC 173-400-025 Adoption 
of Federal Rules, which states, ``Federal rules mentioned in this rule 
are adopted as they exist on January 1, 2016. Adopted or adopted by 
reference means the federal rule applies as if it was copied into this 
rule.'' As part of this process, Ecology modified other sections of 
Chapter 173-400 WAC to remove citations to specific Federal regulation 
adoption dates, in order to rely on WAC 173-400-025. Ecology also 
corrected minor typographical errors, standardized references, and 
consistently formatted Federal citations. A redline/strikeout of the 
changes is included in the State's submittal, contained in the docket 
for this action. We reviewed these changes and are proposing to approve 
the revisions.
    One outcome of Ecology's update to Chapter 173-400 WAC relates to 
the Prevention of Significant Deterioration (PSD) permitting program 
for major stationary sources in attainment and unclassifiable areas. 
The Washington SIP, at WAC 173-400-720(4)(a)(vi), generally 
incorporates by reference the Federal PSD regulations contained in 40 
CFR 52.21, with certain exceptions (80 FR 23721, April 29, 2015). As 
part of our April 29, 2015 final action on WAC 173-400-720(4)(a)(vi) we 
excluded the incorporation by reference of 40 CFR 52.21(b)(49)(v), 40 
CFR 52.21(i)(5)(i), and 40 CFR 52.21(k)(2), as the Federal rules 
existed on July 1, 2012. These citations relate to Federal greenhouse 
gas, and fine particulate matter significant monitoring concentration 
and significant impact level provisions vacated by Federal courts after 
July 1, 2012 (see our proposed rulemaking for a full discussion, 80 FR 
838, January 7, 2015, at page 842). After the court vacated the 
provisions, the EPA removed the provisions from 40 CFR 52.21 on 
December 9, 2013 (78 FR 73698) and August 19, 2015 (80 FR 50199). 
Ecology's revised incorporation by reference of these Federal 
regulations as of January 1, 2016, captures the EPA's removal of the 
vacated provisions. We are proposing to fully approve WAC 173-400-
720(4)(a)(vi) because it meets current Federal requirements and is 
consistent with the court decisions. All other exceptions to our 
approval of Chapter 173-400 WAC remain unchanged since our April 29, 
2015 final action.
    Ecology also requested that the EPA update the Chapter 173-400 WAC 
citations for the Benton Clean Air Agency (BCAA) jurisdiction 
consistent with the exceptions noted in our November 17, 2015 final 
approval (80 FR 71695). As discussed in the proposed rulemaking for 
that action, BCAA does not implement WAC provisions related to the PSD 
program under WAC 173-400-116 and 173-400-700 through 173-400-750 (80 
FR 55280, September 15, 2015, at page 55283). Also, as described in the 
proposed rulemaking for that action, BCAA local requirements contained 
in Regulation I, section 4.02 apply in lieu of the WAC provisions 
contained in WAC 173-400-040(4), WAC 173-400-040(9)(a), and WAC 173-
400-040(9)(b). The EPA is therefore proposing to approve the update to 
Chapter 173-400 WAC for BCAA's jurisdiction consistent with the 
exceptions noted above. The EPA is also proposing to revise the 
visibility protection Federal Implementation Plan contained in 40 CFR 
52.2498 to reflect the approval of WAC 173-400-117 Special Protection 
Requirements for Federal Class I Areas for sources within BCAA's 
jurisdiction.

Chapter 173-476 WAC

    The EPA last approved changes to Chapter 173-476 WAC on March 4, 
2014, which contained all promulgated Federal NAAQS in existence at 
that time (79 FR 12078). In 2015, the EPA revised 40 CFR part 50 to 
include revised primary and secondary 8-hour ambient air quality 
standards for ozone at 0.070 parts per million (80 FR 65292, Oct. 26, 
2015). Ecology's revision to Chapter 173-476 includes this update to 
the ozone standards and the interpretation method contained in 40 CFR 
part 50, Appendix U. We are proposing to approve the revisions to 
Chapter 173-476 WAC as meeting current Federal requirements.

III. Proposed Action

    We are proposing to approve and incorporate by reference in the 
Washington SIP at 40 CFR 52.2470(c) the following revisions to Chapters 
173-400 and 173-476 WAC as shown in the table below.

[[Page 53364]]



------------------------------------------------------------------------
                                              State
    State citation       Title/subject   effective date    Explanations
------------------------------------------------------------------------
       40 CFR 52.2470(c), TABLE 1--REGULATIONS APPROVED STATEWIDE
------------------------------------------------------------------------
  Washington Administrative Code, Chapter 173-476--Ambient Air Quality
                                Standards
------------------------------------------------------------------------
173-476-020..........  Applicability...        07/01/16  ...............
173-476-150..........  Ambient Air             07/01/16  ...............
                        Quality
                        Standard for
                        Ozone.
173-476-900..........  Appendix A.             07/01/16  ...............
                        Table of
                        Standards.
------------------------------------------------------------------------
     40 CFR 52.2470(c), TABLE 2--ADDITIONAL REGULATIONS APPROVED FOR
     WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION
------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400--General Regulations for
                          Air Pollution Sources
------------------------------------------------------------------------
173-400-025..........  Adoption of             07/01/16  ...............
                        Federal Rules.
173-400-040..........  General                 07/01/16  Except: 173-400-
                        Standards for                     040(2)(c); 173-
                        maximum                           400-040(2)(d);
                        Emissions.                        173-400-040(3)
                                                          ; 173-400-
                                                          040(5); 173-
                                                          400-040(7),
                                                          second
                                                          paragraph.
173-400-050..........  Emission                07/01/16  Except: 173-400-
                        Standards for                     050(2) and 173-
                        Combustion and                    400-050(4)
                        Incineration                      through (6).
                        Units.
173-400-060..........  Emission                07/01/16  ...............
                        Standards for
                        General Process
                        Units.
173-400-070..........  Emission                07/01/16  Except: 173-400-
                        Standards for                     070(7); 173-
                        Certain Source                    400-070(8).
                        Categories.
173-400-105..........  Records,                07/01/16  ...............
                        Monitoring, and
                        Reporting.
173-400-111..........  Processing              07/01/16  Except: 173-400-
                        Notice of                         111(3)(h); The
                        Construction                      part of 173-
                        Applications                      400-111(8)(a)(
                        for Sources,                      v) that says,
                        Stationary                         ``and
                        Sources and                       173-460-040,''
                        Portable                          ; 173-400-
                        Sources.                          111(9).
173-400-116..........  Increment               07/01/16  ...............
                        Protection.
173-400-171..........  Public Notice           07/01/16  Except: The
                        and Opportunity                   part of 173-
                        for Public                        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
                                                          ).
173-400-710..........  Definitions.....        07/01/16  ...............
173-400-720..........  Prevention of           07/01/16  Except: 173-400-
                        Significant                       720(4)(a)(i
                        Deterioration                     through iv)
                        (PSD).                            and 173-400-
                                                          720(4)(b)(iii)
                                                          (C).
173-400-730..........  Prevention of           07/01/16  ...............
                        Significant
                        Deterioration
                        Application
                        Processing
                        Procedures.
173-400-740..........  PSD Permitting          07/01/16  ...............
                        Public
                        Involvement
                        Requirements.
173-400-810..........  Major Stationary        07/01/16  ...............
                        Source and
                        Major
                        Modification
                        Definitions.
173-400-830..........  Permitting              07/01/16  ...............
                        Requirements.
173-400-840..........  Emission Offset         07/01/16  ...............
                        Requirements.
173-400-850..........  Actual Emissions        07/01/16  ...............
                        Plantwide
                        Applicability
                        Limitation
                        (PAL).
------------------------------------------------------------------------
 40 CFR 52.2470(c), TABLE 4--ADDITIONAL REGULATIONS APPROVED FOR BENTON
                  CLEAN AIR AGENCY (BCAA) JURISDICTION
------------------------------------------------------------------------
173-400-025..........  Adoption of             07/01/16  ...............
                        Federal Rules.
173-400-040..........  General                 07/01/16  Except: 173-400-
                        Standards for                     040(2)(c); 173-
                        Maximum                           400-040(2)(d);
                        Emissions.                        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                07/01/16  Except: 173-400-
                        Standards for                     050(2) and 173-
                        Combustion and                    400-050(4)
                        Incineration                      through (6).
                        Units.
173-400-060..........  Emission                07/01/16  ...............
                        Standards for
                        General Process
                        Units.
173-400-070..........  Emission                07/01/16  Except:
                        Standards for                    173-400-070(7);
                        Certain Source                    173-400-070(8)
                        Categories.                       .
173-400-105..........  Records,                07/01/16  ...............
                        Monitoring, and
                        Reporting..
173-400-111..........  Processing              07/01/16  Except: 173-400-
                        Notice of                         111(3)(h); The
                        Construction                      part of 173-
                        Applications                      400-111(8)(a)(
                        for Sources,                      v) that says,
                        Stationary                        ``and
                        Sources and                       173-460-040,''
                        Portable                          ;
                        Sources.                         173-400-111(9).
173-400-171..........  Public Notice           07/01/16  Except: The
                        and Opportunity                   part of 173-
                        for Public                        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
                                                          ).
173-400-810..........  Major Stationary        07/01/16  ...............
                        Source and
                        Major
                        Modification
                        Definitions.
173-400-830..........  Permitting              07/01/16  ...............
                        Requirements.
173-400-840..........  Emission Offset         07/01/16  ...............
                        Requirements.
173-400-850..........  Actual Emissions        07/01/16  ...............
                        Plantwide
                        Applicability
                        Limitation
                        (PAL).
------------------------------------------------------------------------


[[Page 53365]]

    We are also proposing to approve, but not incorporate by reference, 
the revised version of WAC 173-400-260 Conflict of Interest, state 
effective July 1, 2016. Consistent with prior actions on the Washington 
SIP, 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 typically not incorporated by reference so as to avoid 
potential conflict with the EPA's independent authorities. Therefore, 
we propose to approve, WAC 173-400-260 into the Washington SIP, but not 
incorporate the provision by reference.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the regulations in the table in section III above. The EPA 
has made, and will continue to make, these materials generally 
available through www.regulations.gov and/or at the EPA Region 10 
Office (please contact the person identified in the For Further 
Information Contact 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 proposed 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 proposed 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 application of those requirements would be inconsistent 
with the Clean Air Act; 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 July 13, 2016.

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: August 1, 2016.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2016-19031 Filed 8-11-16; 8:45 am]
 BILLING CODE 6560-50-P