[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66823-66826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23298]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0493: FRL-9953-04-Region 10]


Approval and Promulgation of Implementation Plans; Washington: 
General Regulations for Air Pollution Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In reviewing past State Implementation Plan (SIP) actions, the 
Washington Department of Ecology (Ecology) and the Environmental 
Protection Agency (EPA) discovered minor typographical errors related 
to the EPA's previous approvals of Chapter 173-400 Washington 
Administrative Code, General Regulations for Air Pollution Sources. The 
EPA is taking direct final action to correct these errors. This direct 
final action makes no substantive changes to the SIP and imposes no new 
requirements.

DATES: This rule is effective on November 28, 2016, without further 
notice, unless the EPA receives adverse comment by October 31, 2016. If 
the EPA receives adverse comment, we will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2016-0493 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 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 (OAW-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 whenever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.

I. Introduction

    In final actions published October 3, 2014 (79 FR 59653) and April 
29, 2015 (80 FR 23721), the EPA approved Washington Administrative Code 
(WAC) 173-400-110 New Source Review (NSR) for Sources and Portable 
Sources and WAC 173-400-112 Requirements for New Sources in 
Nonattainment Areas--Review for Compliance with Regulations with 
certain exceptions. One of the listed exceptions was ``the part of 400-
110(4)(e)(f)(i)'' related to toxic air pollutants. The EPA notes that 
``400-110(4)(e)(f)(i)'' does not exist under Chapter 173-400 WAC. The 
correct citation is ``400-110(4)(f)(i).'' Similarly, both final 
approvals contained regulatory text under 40 CFR part 52.2470(c) which 
listed an exception for WAC 173-400-112(8). WAC 173-400-112(8) does not 
exist in the version of Chapter 173-400 WAC adopted by Ecology on 
November 28, 2012, which the EPA reviewed and approved. This exception, 
related to toxic air pollutants, was a holdover from a previous 
approval action (60 FR 28726, June 2, 1995). This exception was 
inadvertently copied as part of 40 CFR 52.2470(c) Table 2--Additional 
Regulations Approved for Washington Department of Ecology (Ecology) 
Direct Jurisdiction. Both typographical errors were also inadvertently 
copied in the regulatory text of a November 17, 2015 final approval for 
the Benton Clean Air Agency, under 40 CFR 52.2470(c) Table 4--
Additional Regulations Approved for the Benton Clean Air Agency (BCAA) 
Jurisdiction, which generally relies on the regulations contained in 
Chapter 173-400 WAC (80 FR 71695).

[[Page 66824]]

II. Final Action

    The EPA has determined that the typographical errors referenced 
above should be corrected at this time. The EPA is publishing this rule 
without prior proposal because the Agency views this as a 
noncontroversial action and anticipates no adverse comment. However, in 
the ``Proposed Rules'' section of this Federal Register, the EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on November 28, 2016 without further notice unless the EPA 
receives adverse comment by October 31, 2016. If the EPA receives 
adverse comment, the EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. The EPA will address all public comments in a subsequent final 
rule based on the proposed rule. The EPA will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. Please note that if the EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, the EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

III. 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 correcting minor typographical errors related to the 
incorporation by reference contained in 40 CFR 52.2470(c) Table 2--
Additional Regulations Approved for Washington Department of Ecology 
(Ecology) Direct Jurisdiction and Table 4--Additional Regulations 
Approved for the Benton Clean Air Agency (BCAA) Jurisdiction. These 
materials have been approved by the EPA for inclusion in the SIP, have 
been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of the EPA's approval, and will 
be incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\1\ 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).
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Orders Review

    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 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.
    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 28, 2016. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that the EPA 
can withdraw this direct final rule and address the comment in the 
proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

[[Page 66825]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting, 
and Recordkeeping requirements.

    Dated: September 14, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons stated above, 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. In Sec.  52.2470, amend paragraph (c) by:
0
a. In Table 2--Additional Regulations Approved for Washington 
Department of Ecology (Ecology) Direct Jurisdiction, revising entries 
173-400-110 and 173-400-112; and
0
b. In Table 4--Additional Regulations Approved for the Benton Clean Air 
Agency (BCAA) Jurisdiction, revising entries 173-400-110 and 173-400-
112.
    The revisions 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, 173-405-012, 173-410-012, and 173-415-012]
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                                                          State
        State citation             Title/subject     effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
         Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
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                                                  * * * * * * *
173-400-110...................  New Source Review          12/29/12  9/29/16 [Insert     Except: 173-400-
                                 (NSR) for Sources                    Federal Register    110(1)(c)(ii)(C); 173-
                                 and Portable                         citation].          400-110(1)(e); 173-400-
                                 Sources.                                                 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)(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.
 
                                                  * * * * * * *
173-400-112...................  Requirements for           12/29/12  9/29/16 [Insert     .......................
                                 New Sources in                       Federal Register
                                 Nonattainment                        citation].
                                 Areas--Review for
                                 Compliance with
                                 Regulations.
 
                                                  * * * * * * *
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* * * * *

[[Page 66826]]



          Table 4--Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction
 [Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC)
  jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a
  tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173-400-700, 173-405-012,
                                          173-410-012, and 173-415-012]
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                                                       State/local
     State/local citation          Title/subject     effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                  Washington Department of Ecology Regulations
----------------------------------------------------------------------------------------------------------------
         Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
173-400-110...................  New Source Review          12/29/12  9/29/16 [Insert     Except: 173-400-
                                 (NSR) for Sources                    Federal Register    110(1)(c)(ii)(C); 173-
                                 and Portable                         citation].          400-110(1)(e); 173-400-
                                 Sources.                                                 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)(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.
 
                                                  * * * * * * *
173-400-112...................  Requirements for           12/29/12  9/29/16 [Insert     .......................
                                 New Sources in                       Federal Register
                                 Nonattainment                        citation].
                                 Areas--Review for
                                 Compliance with
                                 Regulations.
 
                                                  * * * * * * *
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[FR Doc. 2016-23298 Filed 9-28-16; 8:45 am]
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