[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Proposed Rules]
[Pages 6413-6423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01090]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0784: FRL-9958-41-Region 10]


Air Plan Approval; Washington: General Regulations for Air 
Pollution Sources, Southwest Clean Air Agency Jurisdiction

AGENCY: Environmental Protection Agency (EPA).

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 Washington Department of Ecology (Ecology) 
in coordination with Southwest Clean Air Agency (SWCAA) on December 20, 
2016. 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 agency, has jurisdiction, and 
statewide to source categories over which Ecology has sole 
jurisdiction. Under the Washington Clean Air Act, local clean air 
agencies may adopt equally stringent or more stringent 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 approve the 
submitted SWCAA general air quality regulations to replace or 
supplement the corresponding Ecology regulations for sources in SWCAA's 
jurisdiction, including implementation of the minor new source review 
and nonattainment new source review permitting programs. This action 
would also approve a limited subset of Ecology regulations, for which 
there are no corresponding SWCAA corollaries, to apply in SWCAA's 
jurisdiction.

DATES: Written comments must be received on or before February 21, 
2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2016-0784 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 at (206) 553-0256, or 
[email protected].

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

Table of Contents

I. Background for Proposed Action
II. Washington SIP Revisions
    A. SWCAA 400-010 Policy and Purpose
    B. SWCAA 400-020 Applicability
    C. SWCAA 400-030 Definitions
    D. SWCAA 400-036 Portable Sources From Other Washington 
Jurisdictions
    E. SWCAA 400-040 General Standards for Maximum Emissions
    F. SWCAA 400-050 Emission Standards for Combustion and 
Incineration Units
    G. SWCAA 400-052 Stack Sampling of Major Combustion Sources
    H. SWCAA 400-060 Emission Standards for General Process Units
    I. SWCAA 400-070 General Requirements for Certain Source 
Categories
    J. SWCAA 400-072 Small Unit Notification for Selected Source 
Categories
    K. SWCAA 400-074 Gasoline Transport Tanker Registration
    L. SWCAA 400-081 Startup and Shutdown
    M. SWCAA 400-091 Voluntary Limits on Emissions
    N. SWCAA 400-100 Registration Requirements and SWCAA 400-101 
Emission Units Exempt From Registration Requirements
    O. SWCAA 400-105 Records, Monitoring and Reporting
    P. SWCAA 400-106 Emission Testing and Monitoring at Air 
Contaminant Sources
    Q. SWCAA 400-109 Air Discharge Permit Applications
    R. SWCAA 400-110 Application Review Process for Stationary 
Sources (New Source Review); SWCAA 400-111 Requirements for New 
Sources in a Maintenance Plan Area; SWCAA 400-112 Requirements for 
New Sources in Nonattainment Areas; and SWCAA 400-113 Requirements 
for New Sources in Attainment or Nonclassifiable Areas
    S. SWCAA 400-114 Requirements for Replacement or Substantial 
Alteration of Emission Control Technology at an Existing Stationary 
Source
    T. SWCAA 400-116 Maintenance of Equipment
    U. SWCAA 400-130 Use of Emission Reduction Credits; SWCAA 400-
131 Deposit of Emission Reduction Credits Into Bank; and SWCAA 400-
136 Maintenance of Emission Reduction Credits in Bank
    V. SWCAA 400-151 Retrofit Requirements for Visibility Protection 
and SWCAA 400-161 Compliance Schedules
    W. SWCAA 400-171 Public Involvement
    X. SWCAA 400-190 Requirements for Nonattainment Areas; SWCAA 
400-200 Vertical Dispersion Requirement, Creditable Stack Height and 
Dispersion Techniques; SWCAA 400-205 Adjustment for Atmospheric 
Conditions; and SWCAA 400-210 Emission Requirements of Prior 
Jurisdictions
    Y. SWCAA 400-220 Requirements for Board Members; SWCAA 400-230 
Regulatory Actions and Civil Penalties; SWCAA 400-240 Criminal 
Penalties; SWCAA 400-250 Appeals; SWCAA 400-260 Conflict of 
Interest; SWCAA 400-270 Confidentiality of Records and Information; 
and SWCAA 400-280 Powers of Agency
    Z. SWCAA 400-800 Major Stationary Source and Major Modification 
in a Nonattainment Area; SWCAA 400-810 Major Stationary Source and 
Major Modification Definitions; SWCAA 400-820 Determining if a New 
Stationary

[[Page 6414]]

Source or Modification to a Stationary Source is Subject to These 
Requirements; SWCAA 400-830 Permitting Requirements; SWCAA 400-840 
Emission Offset Requirements; SWCAA 400-850 Actual Emissions--
Plantwide Applicability Limitation (PAL); SWCAA 400-860 Public 
Involvement Procedures
    AA. WAC 173-400-117 Special Protection Requirements for Federal 
Class I Areas; WAC 173-400-118 Designation of Class I, II, and III 
Areas; and WAC 173-400-560 General Order of Approval
    BB. Appendix A--SWCAA Method 9, Visual Opacity Determination 
Method
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), which the EPA approved in three 
phases on October 3, 2014 (79 FR 59653), November 7, 2014 (79 FR 
66291), and April 29, 2015 (80 FR 23721). Because the Washington Clean 
Air Act allows local clean air agencies to adopt equally stringent or 
more stringent standards than the State regulations contained in 
Chapter 173-400 WAC, the EPA's approval of Ecology's January 2014 
submittal applied only to geographic areas and source categories under 
Ecology's direct jurisdiction. We 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 December 20, 2016, the Director 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 SWCAA. 
SWCAA's jurisdiction consists of Clark, Cowlitz, Lewis, Skamania and 
Wahkiakum counties, excluding facilities subject to Energy Facility 
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 173-405-012, 173-410-012, and 173-415-012, as discussed in 
Section III.C. Scope of Proposed Action. Appendices A and B of the SIP 
revision, included in the docket for this action, show the SWCAA 400 
General Regulations for Air Pollution Sources submitted for approval to 
apply in lieu of Chapter 173-400 WAC for sources within SWCAA's 
jurisdiction. The regulations contained in SWCAA 400 generally mirror 
the Ecology corollaries contained in WAC 173-400, with minor 
adaptations to address local priorities and local air pollution 
concerns. A summary of the provisions is provided below.

A. SWCAA 400-010 Policy and Purpose

    Aside from the name change ``Southwest Air Pollution Control 
Authority'' to ``Southwest Clean Air Agency'' this section remains 
unmodified since the EPA's last approval (62 FR 8624, February 26, 
1997). The EPA reviewed SWCAA 400-010 and is proposing to approve this 
provision to apply in lieu of WAC 173-400-010 within SWCAA's 
jurisdiction.

B. SWCAA 400-020 Applicability

    The EPA's October 3, 2014 approval of the Ecology regulations 
included a revised version of WAC 173-400-020 which clarified that 
local clean air agencies have the option to implement equally stringent 
or more stringent corollaries to apply in lieu of Chapter 173-400 WAC, 
or parts of Chapter 173-400 WAC, for sources within its jurisdiction. 
SWCAA added 400-020(2) to reflect this revision of WAC 173-400-020. 
Specifically, SWCAA 400-020(2) states, ``The Agency implements and 
enforces the Washington Administrative Code as adopted by Ecology in 
Title 173 under Chapter 70.94 RCW, except where the Agency has adopted 
corresponding provisions. Agency adopted provisions apply in lieu of 
the corresponding WAC provisions.'' SWCAA 400-020(2) also clarifies 
that SWCAA has chosen not to adopt WAC 173-400-930, which provides an 
optional, alternative means of satisfying new source review permitting 
requirements for emergency engines in jurisdictions that choose to 
adopt this provision. As discussed later in this preamble, SWCAA 400-
072 Small Unit Notification for Selected Source Categories does contain 
alternative means of satisfying new source review requirements for some 
emergency service internal combustion engines. However, SWCAA 400-072 
covers only a subset of the equipment addressed by WAC 173-400-930, and 
is not intended by SWCAA to be a corollary to apply in lieu of WAC 173-
400-930. All other applicability provisions of SWCAA 400-020 remain 
unchanged since the EPA's last approval on February 26, 1997. The EPA 
reviewed SWCAA 400-020 and is proposing to approve this provision to 
apply in lieu of WAC 173-400-020 within SWCAA's jurisdiction.

C. SWCAA 400-030 Definitions

    The majority of definitions contained in SWCAA 400-030 are adapted 
or copied verbatim from the definitions contained in WAC 173-400-030, 
as approved by the EPA in October 3, 2014. A notable exception is SWCAA 
400-030(4) ``Air contaminant'' or ``air pollutant.'' In SWCAA 400-
030(4), the agency clarifies that for the purposes of regulation under 
the Washington SIP, air contaminant means only, ``(a) Those air 
contaminants for which the EPA has established National Ambient Air 
Quality Standards (NAAQS) and precursors to such NAAQS pollutants as 
determined by EPA for the applicable geographic area; and (b) Any 
additional air contaminants that are required to be regulated under 
Part C of Title I of the Federal Clean Air Act (CAA), but only for the 
purpose of meeting the requirements of Part C or to the extent those 
additional air contaminants are regulated in order to avoid such 
requirements.'' This clarification is consistent with the EPA's 
interpretation of section 110 of the CAA, and the EPA's response to 
comments in our approval of the Chapter 173-400 WAC general provisions 
(79 FR 59653, October 3, 2014, at page 59654). Similarly, SWCAA is not 
submitting and the EPA is not proposing to approve SWCAA 400-030(21) 
``Climate Change'' and SWCAA 400-030(129) ``Toxic Air Pollutant'' 
because they are not related to the criteria pollutants regulated under 
title I of the CAA, not essential for meeting and maintaining the 
NAAQS, or not related to the requirements for SIPs under section 110 of 
the CAA. The remainder of the SWCAA definitions, not otherwise adapted 
from the WAC, generally copy or cite to Federal definitions or internal 
SWCAA definitions previously approved in other sections. With the 
exception of SWCAA 400-030(21) and (129), we are proposing to approve 
SWCAA 400-030 to apply in lieu of WAC 173-400-030 within SWCAA's 
jurisdiction.

D. SWCAA 400-036 Portable Sources From Other Washington Jurisdictions

    The EPA's October 3, 2014 approval included Ecology's regulations 
in WAC 173-400-036. WAC 173-400-036 allows portable sources to relocate 
and operate in any other clean air agency jurisdiction within the 
State, without obtaining a site-specific or permitting

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agency-specific order of approval, if the permitting authority in the 
destination jurisdiction has adopted this provision. Under WAC 173-400-
036, before a source can move it must: Already have an approved notice 
of construction order identifying the emission units as a portable 
source; submit a relocation notice and a copy of the applicable 
portable source order of approval to the permitting agency with 
jurisdiction over the intended operation location a minimum of fifteen 
calendar days before the portable source begins operation at the new 
location; submit the emissions inventory required under WAC 173-400-105 
to each permitting agency in whose jurisdiction the portable source 
operated during the preceding year; and limit operations to one year or 
less. A source moving into a nonattainment area that emits a pollutant 
or precursor for which the area is classified as nonattainment must 
obtain a site-specific order of approval and may not rely on this 
provision. Major stationary sources must comply with all otherwise 
applicable Prevention of Significant Deterioration (PSD) requirements. 
SWCAA 400-036 generally follows the language of WAC 173-400-036 with 
minor revisions to reflect the SWCAA-specific permitting and emissions 
inventory regulations. The EPA also notes that portable sources that 
move within SWCAA's jurisdiction are regulated under the new source 
review requirements of SWCAA 400-110(6), which is a minor difference 
from the process used under the WAC. We believe these minor differences 
do not affect approvability. The EPA reviewed SWCAA 400-036 and we are 
proposing to approve this provision to apply in lieu of WAC 173-400-036 
within SWCAA's jurisdiction.

E. SWCAA 400-040 General Standards for Maximum Emissions

    SWCAA 400-040 generally follows the language of WAC 173-400-040, 
with minor changes to reflect SWCAA's regulatory structure or to 
improve clarity. SWCAA submitted revisions to the introductory 
paragraph of 400-040 and sections (1)(b), (1)(e), (3), (5), (6), (7), 
and (8) for approval into the SIP. Other regulatory provisions 
contained in SWCAA 400-040 were not submitted and SWCAA is not 
requesting revision of these provisions in the SIP at this time.
    The revised regulations in sections (1)(b), (1)(e), (3), (5), (6), 
(7), and (8) set out general requirements for reasonably available 
control technology (RACT), visible emissions, fugitive emissions, 
sulfur dioxide concentrations, and dust control. These general 
requirements apply to all sources and emission units, unless applicable 
emission unit-specific standards are contained in another section of 
the regulations. Because the submitted SWCAA 400-040 regulatory text is 
consistent with our October 2014 approval of the corresponding WAC 173-
400-040 provisions, we are proposing to approve the introductory 
paragraph of SWCAA 400-040 and sections (1)(b), (1)(e), (3), (5), (6), 
(7), and (8) to apply in lieu of WAC 173-400-040 within SWCAA's 
jurisdiction.

F. SWCAA 400-050 Emission Standards for Combustion and Incineration 
Units

    SWCAA 400-050 is similar in format and content to WAC 173-400-050 
Emission Standards for Combustion and Incineration Units, with changes 
to reflect SWCAA's regulatory structure or local pollution concerns, or 
to improve clarity. SWCAA 400-050(1) provides particulate matter 
emission standards that are nearly identical to WAC 173-400-050(1), 
which the EPA approved in our October 3, 2014 action. SWCAA 400-050(2) 
adds a fuel oil sulfur content limit that is not present in WAC 173-
400-050. The December 20, 2016 submittal explains that this sulfur 
content limit became effective January 1, 2013, and is consistent with 
Best Available Control Technology (BACT) limits that have routinely 
been incorporated into SWCAA air discharge permits for combustion 
sources in recent years. SWCAA 400-050(4) provides criteria for 
modifying the default oxygen correction factor when appropriate, such 
as where the source is also subject to a New Source Performance 
Standard (NSPS) and that standard has a different oxygen correction 
factor. This mirrors the corresponding EPA-approved provision in WAC 
173-400-050(3). The EPA is therefore proposing approval of SWCAA 400-
050(1), (2), and (4) to apply in lieu of the corresponding provisions 
of WAC 173-400-050 within SWCAA's jurisdiction.
    Consistent with the EPA's October 2014 final action on WAC 173-400-
050, SWCAA is not submitting and the EPA is not proposing to approve, 
certain provisions in SWCAA 400-050 which do not regulate criteria 
pollutants covered under title I of the CAA, are not essential for 
meeting and maintaining the NAAQS, and are not required for SIPs under 
section 110 of the CAA. Specifically, SWCAA requested that the EPA 
remove SWCAA 400-050(3) from the SIP. This subsection, which regulates 
total carbonyls from incineration units, corresponds to WAC 173-400-
050(2). In the EPA's October 2014 final action we removed WAC 173-400-
050(2) from the SIP, stating that total carbonyls are not a criteria 
air pollutant or an EPA designated precursor to criteria pollutants, 
and are not appropriate for inclusion in a SIP. Similarly, SWCAA is not 
submitting, and the EPA is not proposing to approve, SWCAA 400-050(5) 
and (6), which are emission guidelines for commercial, industrial, and 
small municipal waste combustion units regulated under section 111 of 
the CAA which are not related to section 110 of the CAA and not 
appropriate for approval into the SIP.

G. SWCAA 400-052 Stack Sampling of Major Combustion Sources

    Ecology first submitted SWCAA 400-052 for incorporation into the 
SIP in 1994. The intent was to establish a regime of emission testing 
for large combustion sources that predated the establishment of SWCAA 
and had not undergone new source review. In the December 20, 2016 
submittal, SWCAA explains that all major sources that would otherwise 
be subject to this provision already have periodic testing requirements 
established via new source review and/or compliance assurance 
monitoring imposed under the Air Operating Permit (AOP) program. For 
this reason, SWCAA requested that the EPA remove SWCAA 400-052 from the 
SIP. The EPA reviewed SWCAA's demonstration that removal of this 
provision would not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable requirement of section 110 of the CAA and is proposing to 
remove SWCAA 400-052 from the SIP. The demonstration can be found in 
the docket for this action.

H. SWCAA 400-060 Emission Standards for General Process Units

    SWCAA 400-060 follows the SIP-approved requirements of WAC 173-400-
060, which stipulate that no person shall cause or allow the emission 
of particulate material from any general process operation in excess of 
0.23 grams per dry cubic meter at standard conditions of exhaust gas. 
SWCAA 400-060 and WAC 173-400-060 use slightly different methods to 
determine compliance. WAC 173-400-060 cites test methods found in 40 
CFR parts 51, 60, 61 and 63 or contained in Ecology's ``Source Test 
Manual--Procedures for Compliance Testing.'' SWCAA 400-060 cites test 
methods from 40 CFR parts 51, 60, 61 and 63 and any other appropriate 
test procedures approved in advance by both SWCAA and the EPA. The EPA 
has

[[Page 6416]]

reviewed this minor difference in rule language regarding test methods 
and is proposing to approve SWCAA 400-060 to apply in lieu of WAC 173-
400-060 in SWCAA's jurisdiction.

I. SWCAA 400-070 General Requirements for Certain Source Categories

    SWCAA submitted revisions to SWCAA 400-070 sections (1), (2)(b), 
(3)(a), (4), (8)(a), (8)(b), (13), (15)(a), (15)(b), and (15)(d) for 
approval into the SIP. Other regulatory provisions contained in SWCAA 
400-070 were not submitted and SWCAA is not requesting revision of 
these provisions in the SIP at this time.
    SWCAA 400-070, which sets separate standards applicable to certain 
source categories, generally follows the language of the SIP-approved 
provisions of WAC 173-400-070, with some differences. For example, WAC 
173-400-070(1) sets requirements for the use of wigwam burners designed 
to dispose of wood waste; whereas SWCAA 400-070(1) banned the use of 
wigwam or equivalent type burners effective January 1, 1994. SWCAA 400-
070(2)(b) and (3)(a) regulate hog fuel boilers and orchard heaters, 
respectively, with regulatory text identical to WAC 173-400-070(2)(b) 
and (3)(a). SWCAA 400-070 contains no provisions that correspond to WAC 
173-400-070(4) and (6), which regulate grain elevators and certain wood 
waste burners, respectively. This has the effect of making SWCAA 400-
070 more stringent, subjecting these source categories to all general 
standards rather than providing source category exemptions from the 
general standards. SWCAA 400-070(4), which regulates catalytic cracking 
units, corresponds to WAC 173-400-070(5). In the December 20, 2016 
submittal, SWCAA notes that its jurisdiction has no existing catalytic 
cracking units. Therefore SWCAA 400-070(4) focuses exclusively on the 
new source review and BACT requirements similar to WAC 173-400-
070(5)(b). SWCAA 400-070(8), (13), and (15), which regulate abrasive 
blasting, natural gas fired water heaters, and outdoor wood-fired 
boilers, have no corresponding provisions in WAC 173-400-070. Unlike 
WAC 173-400-070, which provides exemptions from the general 
requirements of WAC 173-400-040, 173-400-050, and 173-400-060, the 
source category-specific requirements of SWCAA 400-070 are in addition 
to any general requirements that apply. This has the effect of making 
SWCAA 400-070 more stringent than WAC 173-400-070 for these source 
categories. Lastly, the version of SWCAA 400-070(6) currently 
incorporated into the SIP requires ``that all gasoline dispensing 
facilities shall meet all the provisions of SWAPCA 400-110(8) and 
SWAPCA 491 Emission Standards and Controls for Sources Emitting 
Gasoline Vapors.'' Because SWCAA 400-070(6) merely points to other SIP-
approved requirements for informational purposes, SWCAA requested that 
the EPA remove SWCAA 400-070(6) from the SIP.
    The EPA is proposing to approve SWCAA 400-070 sections (1), (2)(b), 
(3)(a), (4), (8)(a), (8)(b), (13), (15)(a), (15)(b), and (15)(d) to 
apply in lieu of WAC 173-400-070 within SWCAA's jurisdiction. The EPA 
is also proposing to grant SWCAA's request to remove SWCAA 400-070(6) 
from the SIP because removal of this provision would not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of section 110 of the 
CAA. We are also proposing to remove SWCAA 400-070(8)(c) [formerly 400-
070(7)(d)] from the SIP because this provision related to toxic air 
pollutants, regulated outside the scope of the SIP, was inadvertently 
included in our February 26, 1997 approval of SWCAA 400-070 (62 FR 
8624).

J. SWCAA 400-072 Small Unit Notification for Selected Source Categories

    SWCAA 400-072 has no corresponding provision in the WAC; however in 
many ways it is similar to the EPA-approved WAC 173-400-560 General 
Orders of Approval. In our proposed approval of WAC 173-400-560 we 
explained that this provision provides an alternative path to meeting 
minor new source review permit obligations for certain new sources 
where the permitting authority had considerable experience in issuing 
approvals, where the BACT emission controls have not been changing or 
anticipated to change in the near future, and the use of BACT emission 
controls will protect the NAAQS (79 FR 39351, July 10, 2014, at page 
39354) To date, Ecology has issued general orders of approval under WAC 
173-400-560 for dairy anaerobic digesters, concrete batch plants, gas-
powered emergency electric generators, rock crushers, small water 
heaters and steam generating boilers, auto body shops, and asphalt 
plants. SWCAA 400-072 covers some of the same source categories, but 
takes a different approach. Rather than relying on issuance of general 
orders of approval, SWCAA 400-072 sets monitoring, emission limit, 
recordkeeping, testing, and reporting requirements for certain small 
scale source categories via regulation. Included in the December 20, 
2016 submittal, is a demonstration of how SWCAA 400-072 provides 
equivalent or better protection than facility-specific minor new source 
review permits. SWCAA asserts that certain source categories, such as 
coffee roasters, would likely be exempt under the new source review 
permitting thresholds of the WAC, making SWCAA 400-072 more stringent 
in some cases. The EPA reviewed the regulatory requirements of SWCAA 
400-072 covering coffee roasters, small gas fired boilers and heaters, 
emergency service internal combustion engines, petroleum dry cleaners, 
and rock crushers. We are proposing to determine that SWCAA 400-072 
meets the criteria for approval under section 110 of the CAA. We note 
that SWCAA did not submit, and the EPA is not proposing to approve the 
specific provisions of SWCAA 400-072(5)(a)(ii)(B), (5)(d)(ii)(B), 
(5)(d)(iii)(A), (5)(d)(iii)(B) and all reporting requirements related 
to toxic air pollutants, because they are not related to the criteria 
pollutants regulated under title I of the CAA, not essential for 
meeting and maintaining the NAAQS, not related to the requirements for 
SIPs under section 110 of the CAA, or contain unbounded director 
discretion provisions not appropriate for the SIP. With the exceptions 
noted above, we are proposing to approve SWCAA 400-072.

K. SWCAA 400-074 Gasoline Transport Tanker Registration

    SWCAA 400-074, which regulates gasoline transport tankers, has no 
corresponding provision in Chapter 173-400 WAC. Aside from minor 
revisions to address the agency name change and readability, SWCAA 400-
074 remains unchanged since the EPA's last approval on February 26, 
1997. As part of the December 20, 2016 submittal, SWCAA requested that 
the EPA remove SWCAA 400-074(2) from the SIP because this agency 
registration fee provision is not a required element for SIPs under 
section 110 of the CAA. The EPA is proposing to approve the updated 
text of SWCAA 400-074, except for SWCAA 400-074(2), which the EPA 
proposes to remove from the SIP.

L. SWCAA 400-081 Startup and Shutdown

    SWCAA 400-081 generally follows the language of the EPA-approved 
WAC 173-400-081 Startup and Shutdown, with minor revisions for 
readability and clarity. These provisions require that the

[[Page 6417]]

respective agencies consider any physical and operational constraints 
on the ability of a stationary source or source category to comply with 
the applicable technology based standard during startup or shutdown. 
Under SWCAA 400-081(1) and the corresponding provision of WAC 173-400-
081(4), no provision of SWCAA 400-081 shall be construed to authorize 
emissions in excess of SIP-approved emission standards unless 
previously approved by the EPA as a SIP amendment. We reviewed SWCAA 
400-081 and are proposing to approve this provision to apply in lieu of 
WAC 173-400-081 within SWCAA's jurisdiction.

M. SWCAA 400-091 Voluntary Limits on Emissions

    SWCAA 400-091 generally follows the language of WAC 173-400-091, 
which the EPA approved in our October 3, 2014 final action. These 
provisions authorize the respective agencies to issue regulatory orders 
setting voluntary limits on the potential to emit of a source, allowing 
the source to avoid applicability of certain major source programs such 
as PSD. SWCAA 400-091 contains the same substantive requirements of WAC 
173-400-091 with minor revisions to reflect the SWCAA regulatory 
structure and to improve clarity. We reviewed SWCAA 400-091 and are 
proposing to approve this provision to apply in lieu of WAC 173-400-091 
in SWCAA's jurisdiction. We also note that the current SIP includes a 
reference to SWCAA 400-090 which was renumbered to SWCAA 400-091 on 
September 21, 1995. We are proposing to correct this typographical 
error which was inadvertently not addressed as part of our prior 
February 26, 1997 action.

N. SWCAA 400-100 Registration Requirements and SWCAA 400-101 Emission 
Units Exempt From Registration Requirements

    In the January 27, 2014 submittal of the general air quality 
regulations, Ecology explained that WAC 173-400-100 Registration 
Program was no longer a means of determining the applicability of 
Washington's new source review permitting requirements and did not 
impose air pollution control requirements on sources or implement 
Federal standards. As described in the proposal for our October 3, 2014 
final action, we removed WAC 173-400-100 from the SIP for sources under 
Ecology's direct jurisdiction (79 FR 39351, July 10, 2014, at page 79 
FR 39354). Similarly, the December 20, 2016 submittal explains that 
SWCAA revised its registration program under SWCAA 400-100 and 400-101 
to disconnect it from new source review permitting program 
applicability. Removing it from the SIP would therefore be consistent 
with our removal of WAC 173-400-100 from the SIP. We have reviewed 
SWCAA 400-100 and 400-101 and are proposing to grant SWCAA's request to 
remove these provisions from the SIP because removal would not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of CAA 
section 110.

O. SWCAA 400-10 Records, Monitoring and Reporting

    SWCAA 400-105 generally follows WAC 173-400-105, which the EPA 
approved in October 3, 2014 final action. It contains the emissions 
inventory, monitoring, reporting, and recordkeeping requirements for 
sources under SWCAA's jurisdiction. SWCAA 400-105 differs slightly from 
the WAC in applicability, deadlines for reporting, list of reportable 
pollutants, and monitoring requirements, but not in a substantive way. 
For example, SWCAA 400-105 applies to all registered sources and 
sources subject to operating permits under title V of the CAA; whereas 
WAC 173-400-105 applies to all sources receiving notification from the 
Director of Ecology. In practical terms, the scope is the same. 
Similarly, SWCAA's submittal deadline for emissions inventory 
information is March 15th, as opposed to the 105th day of the calendar 
year under the WAC. SWCAA 400-105(1) contains additional reportable 
pollutants than the WAC, including toxic air pollutants. As previously 
discussed, SWCAA is not submitting and the EPA is not approving 
provisions related to toxic air pollutants that are inappropriate for 
SIP approval under section 110 of the CAA.
    With respect to the difference in monitoring requirements, SWCAA 
400-105(4)(e) requires compliance with the specifications and reporting 
requirements of 40 CFR part 60, Appendices B and F, in addition to the 
specifications and reporting requirements of 40 CFR 51, Appendix P, 
Sections 3-5 required under WAC 173-400-105(5)(e). SWCAA 400-105(4)(f) 
explicitly contemplates the use of continuous process parameter 
monitoring and/or frequent stack testing as potential surrogates to 
continuous emission monitoring; whereas WAC 173-400-105(5)(f) states 
that alternative monitoring and reporting procedures ``will generally 
take the form of stack tests'' but allows agency discretion in 
determining other alternatives. In practical terms, the requirements 
are the same. We reviewed SWCAA 400-105 and are proposing to approve 
this provision to apply in lieu of WAC 173-400-105 within SWCAA's 
jurisdiction, except for the reporting requirements related to toxic 
air pollutants which are inappropriate for SIP approval under section 
110 of the CAA.

P. SWCAA 400-106 Emission Testing and Monitoring at Air Contaminant 
Sources

    SWCAA 400-106(1)(a), (b), and (c) take the EPA-approved emission 
testing requirements of WAC 173-400-105(4) and incorporate them in 
another section with additional requirements not cited in the WAC and 
not submitted for the EPA's approval. SWCAA 400-106(1)(a), (b), and 
(c), although different in structure, are nearly identical to WAC 173-
400-105(4). The key difference is that SWCAA 400-106(1)(b) allows the 
use of selected Oregon Department of Environmental Quality test 
methods, due to the geographic proximity to Oregon; whereas the WAC 
does not. We reviewed SWCAA 400-106(1)(a), (b), and (c) and are 
proposing to approve these provisions to apply in lieu of WAC 173-400-
105(4) within SWCAA's jurisdiction.

Q. SWCAA 400-109 Air Discharge Permit Applications

    SWCAA 400-109 contains the applicability and permit application 
procedures for new source review (NSR) that corresponds to the EPA-
approved provisions of WAC 173-400-110. The most significant difference 
is that SWCAA 400-109 contains generally lower, more stringent NSR-
applicability exemption thresholds than the corresponding WAC 
provisions for many of the criteria pollutants. For example, SWCAA 400-
109(3)(d) sets exemption emission thresholds for nitrogen oxides, 
sulfur dioxide, and volatile organic compounds at one ton per year 
(tpy) compared to two tpy under the SIP-approved provisions of WAC 173-
400-110(5). Any stationary source that is not otherwise exempt under 
SWCAA 400-109(3)(e), discussed below, must undergo preconstruction 
permitting review if uncontrolled potential emissions are above these 
threshold levels. Like the WAC, if the stationary source emissions are 
significant enough to be considered ``major'' for a given pollutant, 
SWCAA 400-109 directs the reader to the relevant portions of WAC 173-
400-700 through 750 for the PSD program administered by Ecology, and 
SWCAA 400-800 through 860 for major source nonattainment NSR 
administered by SWCAA. All other stationary sources, or

[[Page 6418]]

certain pollutants at a stationary source, which fall between the minor 
NSR exemption emission thresholds and the thresholds for ``major'' 
stationary sources are subject to the minor NSR permitting program 
administered by SWCAA.
    SWCAA 400-109(3)(e) also contains equipment and activity exemptions 
comparable to the EPA-approved provisions of WAC 173-400-110(4), with 
some differences in source categories to reflect local pollution 
concerns. The majority of equipment and activity exemptions contained 
in SWCAA 400-109(3)(e) remain the same since the EPA's last approval in 
1997. As part of the December 20, 2016 submittal, SWCAA provided a 
demonstration to show that the new exemptions added since the EPA's 
last approval are unlikely to cause or contribute to an exceedance of 
the NAAQS. These new exemptions cover certain wastewater treatment 
plants, water heaters, and emergency internal combustion engines. 
SWCAA's demonstration describes how these source categories are covered 
by other local or Federal standards, such as the Federal engine 
standards contained in 40 CFR 63, subpart ZZZZ, or have been found by 
SWCAA to have emissions below the thresholds contained in SWCAA 400-
109(3)(d).
    The EPA reviewed SWCAA 400-109 and is proposing to determine that 
it meets the criteria for approvability under CAA section 110. The EPA 
also notes that SWCAA did not submit, and the EPA does not propose to 
approve, the toxic air pollutant provisions contained in SWCAA 400-
109(3)(d) and (3)(e)(ii) because they are outside the scope of this 
proposed action under section 110 of the CAA. Lastly, under section 
110(a)(2)(L) of the CAA, the State, or local agencies acting in lieu of 
the State, must demonstrate the ability to collect adequate fees for 
permitting major sources. SWCAA is therefore submitting SWCAA 400-
109(4) to demonstrate adequate fee authority to implement the major 
source nonattainment NSR program under SWCAA 400-800 through 860. While 
the EPA reviews these submissions to confirm adequate authority, the 
EPA generally does not include local or State agency fees as part of 
the Washington SIP incorporated by reference in 40 CFR 52.2470(c). The 
EPA is also proposing to correct an error from our previous approval in 
1997 when the fee provisions of SWCAA 400-109(4) were inadvertently 
incorporated by reference. With the exceptions noted above, we are 
proposing to approve SWCAA 400-109 to apply in lieu of WAC 173-400-110 
within SWCAA's jurisdiction.

R. SWCAA 400-110 Application Review Process for Stationary Sources (New 
Source Review); SWCAA 400-111 Requirements for New Sources in a 
Maintenance Plan Area; SWCAA 400-112 Requirements for New Sources in 
Nonattainment Areas; and SWCAA 400-113 Requirements for New Sources in 
Attainment or Nonclassifiable Areas

    As part of the December 20, 2016 submittal, SWCAA explains that an 
effort was made to align the SWCAA NSR program to be as consistent as 
possible with the EPA-approved Ecology regulations contained in the 
WAC. Differences are generally insubstantial, with slightly different 
numbering systems, procedures, and edits for readability. One key 
difference is that the SWCAA NSR program contains more stringent NSR 
provisions for ``designated maintenance plan areas'' to ensure 
continued compliance with the NAAQS under SWCAA 400-111. In these 
areas, if a violation of an ozone ambient air quality standard or a 
second violation of the carbon monoxide ambient air quality standard 
has occurred, SWCAA may require the application of lowest achievable 
emission rate (LAER) for the maintenance pollutant(s) and any pollutant 
for which the proposed new source or modification is major.
    Other less substantive differences between the SWCAA NSR program 
and the Ecology program under the WAC are discussed below. SWCAA 400-
110 Application Review Process for Stationary Sources (New Source 
Review) requires compliance with the State Environmental Policy Act as 
part of the completeness and final determination criteria. This 
requirement is not explicitly stated in the corresponding provisions of 
WAC 173-400-111 but nonetheless still applies, making the two program 
equivalent in effect. The SWCAA regulations also differ slightly from 
the WAC with respect to portable sources. SWCAA 400-110(6) applies to 
the relocation of portable sources permitted by SWCAA; whereas SWCAA 
400-036 applies to relocation of portable sources permitted by other 
jurisdictions. The WAC does not make this distinction and regulates all 
portable sources under WAC 173-400-036. This minor distinction does not 
result in a substantive difference between the two respective NSR 
programs. WAC 173-400-111 also does not address reopening of approval 
orders for cause, so there is no corresponding section to SWCAA 400-
110(10). Lastly, for the convenience of the reader, SWCAA 400-112 
Requirements for New Sources in Nonattainment Areas and SWCAA 400-113 
Requirements for New Sources in Attainment or Nonclassifiable Areas 
contain pointers to the toxic air pollutant and visibility regulations 
that are not explicitly contained in the corresponding WAC provisions. 
As previously noted, SWCAA did not submit and the EPA is not proposing 
to approve the provisions related to toxic air pollutants in SWCAA 400-
110(1)(d), 400-111(7), 400-112(6), and 400-113(5), because the 
regulation of toxic air pollutants is outside the scope of this action 
under section 110 of the CAA. With the exceptions noted above, we are 
proposing to approve SWCAA 400-110 through 113, including SWCAA's 
additional requirements for designated maintenance areas, to apply in 
lieu of WAC 173-400-111 through 113 within SWCAA's jurisdiction.

S. SWCAA 400-114 Requirements for Replacement or Substantial Alteration 
of Emission Control Technology at an Existing Stationary Source

    SWCAA 400-114 is derived from the statutory provisions of the 
Washington Clean Air Act, in particular Revised Code of Washington 
(RCW) 70.94.153. Under SWCAA 400-114, any replacement or substantial 
alteration of emission control technology installed on an existing 
stationary source or emission unit, excluding routine maintenance, 
repair or parts replacement, shall require submission of an air 
discharge permit application for determining NSR applicability under 
SWCAA 400-110. If the stationary source or emission unit is subject to 
NSR, all requirements under SWCAA 400-111, 400-112, and/or 400-113 
shall apply. If the replacement or substantial alteration is not 
subject to NSR, then reasonably available control technology (RACT) or 
other requirements shall apply as dictated by RCW 70.94. Aside from 
minor wording changes for clarity, SWCAA 400-114 remains substantially 
unchanged since the EPA's last approval of this provision in 1997. We 
reviewed SWCAA 400-114 and are proposing to determine that it meets the 
criteria for approvability under CAA section 110. The corresponding 
Ecology provision of WAC 173-400-114 is currently not in the SIP. 
However, the EPA is also proposing to approve SWCAA 400-114 to apply in 
lieu of WAC 173-400-114 should this WAC provision be approved into the 
SIP at some future time.

[[Page 6419]]

T. SWCAA 400-116 Maintenance of Equipment

    SWCAA 400-116 has no corresponding provision under the WAC. This 
regulation requires that all process and pollution control equipment be 
maintained and operated in good working order. SWCAA 400-116(3) gives 
the agency authority to require that an Operations and Maintenance 
(O&M) plan be developed and implemented for each emission unit or piece 
of control or capture equipment in order to assure continuous 
compliance with approval conditions. SWCAA 400-116 remains 
substantially unchanged since the EPA's last approval in 1997, aside 
from minor wording changes for readability. We reviewed the updated 
version of SWCAA 400-116 and we propose to approve the changes.

U. SWCAA 400-130 Use of Emission Reduction Credits; SWCAA 400-131 
Deposit of Emission Reduction Credits Into Bank; and SWCAA 400-136 
Maintenance of Emission Reduction Credits in Bank

    SWCAA 400-130, 400-131, and 400-136 correspond to the Ecology 
provisions of WAC 173-400-131 and WAC 173-400-136, which the EPA 
approved on November 7, 2014 (79 FR 59653). These provisions implement 
a program to issue emission reduction credits (ERCs) useable for 
offsets required by the major nonattainment NSR permitting program and 
the attainment area offset provisions for sources under SWCAA 400-
113(3) and its corollary, WAC 173-400-113(4). ERCs under this program 
may also be used as creditable emission reductions for netting purposes 
in the major nonattainment NSR and PSD permitting programs provided 
they meet the requirements set forth in the definitions of ``major 
modification'' in those programs. SWCAA's ERC program contains all of 
the functional requirements of the WAC, but does not contain provisions 
for discounting issued ERCs as provided in WAC 173-400-136(6). An 
approvable ERC program need not include provisions which spell out how 
banked ERC's would be discounted, but it cannot include provisions 
which would prevent the air authority from reducing or cancelling ERC's 
when necessary to attain and maintain the NAAQS. SWCAA's rules do not 
include any provisions which would prevent it from doing such as part 
of the development of an attainment or maintenance plan. SWCAA's ERC 
program also contains provisions for the establishment and maintenance 
of an ERC bank to document and track outstanding ERCs, which does not 
exist in the WAC.
    We reviewed SWCAA's ERC program and are proposing to determine that 
it meets the criteria for approvability under section 110 of the CAA. 
We are also proposing to approve SWCAA 400-130, 400-131, and 400-136 to 
apply in lieu of WAC 173-400-131 and 173-400-136 within SWCAA's 
jurisdiction.

V. SWCAA 400-151 Retrofit Requirements for Visibility Protection and 
SWCAA 400-161 Compliance Schedules

    Aside from minor wording changes for clarity, SWCAA 400-151 and 
400-161 remain substantially unchanged since the EPA's last approval of 
these provisions on February 26, 1997. Both provisions include the 
substantive requirements of the corresponding Ecology regulations 
contained in WAC 173-400-151 and 173-400-161. The most significant 
change is the modification of SWCAA 400-151 and 400-030 to more clearly 
define the term ``existing stationary facility'' to be consistent with 
the definition contained in 40 CFR 51.301, under the EPA's visibility 
protection program requirements. We reviewed SWCAA 400-151 and 400-161 
and are proposing to approve these provision to apply in lieu of WAC 
173-400-151 and 173-400-161 within SWCAA's jurisdiction.

W. SWCAA 400-171 Public Involvement

    SWCAA 400-171 closely follows WAC 173-400-171 Public Notice and 
Opportunity for Public Comment, which the EPA approved on April 29, 
2015 (80 FR 23721). The most significant change to SWCAA 400-171 since 
the EPA's last approval in 1997 regards the EPA's interpretation of 
``prominent advertisement.'' Specifically, 40 CFR 51.161(b) establishes 
that the opportunity for public comment with respect to NSR permitting 
shall include, among other requirements, a notice by ``prominent 
advertisement'' in the affected area. Historically this information was 
shared using a public notice in a newspaper. However in an April 17, 
2012 guidance for minor NSR programs, included in the docket for this 
action, the EPA acknowledged the public's increased use of web based 
sources of information and clarified that the ``prominent 
advertisement'' requirement at 40 CFR 51.161(b)(3) is media neutral.\1\ 
As a result, SWCAA modified the language of SWCAA 400-171 to mirror the 
EPA and Ecology's use of the term ``prominent advertisement.'' All 
other changes to SWCAA 400-171 were insignificant changes, such as 
updating reference dates or minor revisions to improve clarity for the 
reader. Lastly, SWCAA did not submit and the EPA is not proposing to 
approve SWCAA 400-171(2)(a)(xii) regarding public participation 
procedures for toxic air pollutants, because it is outside the scope of 
our approval under section 110 of the CAA. With the exception noted 
above, we are proposing to approve SWCAA 400-171 to apply in lieu of 
WAC 173-400-171 within SWCAA's jurisdiction.
---------------------------------------------------------------------------

    \1\ Janet McCabe, Principal Deputy Assistant Administrator, 
``Minor New Source Review Program Public Notice Requirements under 
40 CFR 51.161(b)(3),'' Memorandum to EPA Air Division Directors, 
Regions 1-10, April 17, 2012.
---------------------------------------------------------------------------

X. SWCAA 400-190 Requirements for Nonattainment Areas; SWCAA 400-200 
Vertical Dispersion Requirement, Creditable Stack Height and Dispersion 
Techniques; SWCAA 400-205 Adjustment for Atmospheric Conditions; and 
SWCAA 400-210 Emission Requirements of Prior Jurisdictions

    Aside from minor updates to the citations, these long-standing 
provisions remain substantially unchanged since the EPA's last approval 
in 1997. They also closely match the corresponding EPA-approved Ecology 
provisions of WAC 173-400-190, 173-400-200, 173-400-205, and 173-400-
210. Minor revisions include the updating of SWCAA 400-190 to reflect 
the major source specific nonattainment NSR requirements contained in 
SWCAA 800 through 860. SWCAA also revised SWCAA 400-200 to include 
vertical dispersion requirements that are not present in the 
corresponding WAC requirements. SWCAA is not submitting, and the EPA is 
not proposing to approve, these additional requirements contained in 
SWCAA 400-200(1). The remaining changes reflect the name change from 
``Southwest Air Pollution Control Authority'' to ``Southwest Clean Air 
Agency'' that occurred after the EPA's 1997 approval. With the 
exception of SWCAA 400-200(1) noted above, we are proposing to approve 
SWCAA 400-190, 400-200, 400-205, and 400-210 to apply in lieu of the 
corresponding Ecology provisions in WAC 173-400-190, 173-400-200, 173-
400-205, and 173-400-210.

[[Page 6420]]

Y. SWCAA 400-220 Requirements for Board Members; SWCAA 400-230 
Regulatory Actions and Civil Penalties; SWCAA 400-240 Criminal 
Penalties; SWCAA 400-250 Appeals; SWCAA 400-260 Conflict of Interest; 
SWCAA 400-270 Confidentiality of Records and Information; and SWCAA 
400-280 Powers of Agency

    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 
reviewed and is proposing to approve SWCAA 400-220, 400-230, 400-240, 
400-250, 400-260, 400-270, and 400-280 as providing SWCAA adequate 
enforcement and other general authority for purposes of implementing 
and enforcing its SIP. However, we are not proposing to incorporating 
these provisions by reference into the SIP codified in 40 CFR 
52.2470(c). Instead, the EPA is proposing to include these provisions 
in 40 CFR 52.2470(e), EPA Approved Nonregulatory Provisions and Quasi-
Regulatory Measures, as approved but not incorporated by reference 
regulatory provisions. The EPA is also proposing to approve SWCAA 400-
220, 400-230, 400-240, 400-250, and 400-260 to apply in lieu of the 
corresponding Ecology provisions of WAC 173-400-220, 173-400-230, 173-
400-240, 173-400-250, and 173-400-260. SWCAA 400-270 and 400-280 have 
no corresponding provisions in the WAC.

Z. SWCAA 400-800 Major Stationary Source and Major Modification in a 
Nonattainment Area; SWCAA 400-810 Major Stationary Source and Major 
Modification Definitions; SWCAA 400-820 Determining If a New Stationary 
Source or Modification to a Stationary Source Is Subject to These 
Requirements; SWCAA 400-830 Permitting Requirements; SWCAA 400-840 
Emission Offset Requirements; SWCAA 400-850 Actual Emissions--Plantwide 
Applicability Limitation (PAL); SWCAA 400-860 Public Involvement 
Procedures

    Aside from minor edits to the citations to reflect the SWCAA 
regulatory structure, the SWCAA major nonattainment NSR program 
contained in SWCAA 400-800 through 860 is nearly identical to the 
Ecology major nonattainment NSR program in WAC 173-400-800 through 860, 
which the EPA approved on November 7, 2014 (79 FR 59653). We note that 
Ecology's major nonattainment NSR program for PM2.5 under 
WAC 173-400-800 through 860 was reviewed pursuant to the EPA's 2008 
PM2.5 New Source Review Rule (73 FR 28321, May 16, 2008). 
The EPA's 2008 rule was remanded to the EPA by the U.S. Court of 
Appeals for the District of Columbia Circuit and replaced by a revised 
implementation rule published August 24, 2016, which imposes additional 
requirements for PM2.5 nonattainment areas (81 FR 58010). 
Because SWCAA does not have nonattainment areas within its jurisdiction 
for any criteria pollutant, including PM2.5, the EPA did not 
review SCWAA 400-800 through 860 for consistency with the newly revised 
PM2.5 implementation rule; nor does SWCAA have an obligation 
to submit rule revisions to address the 2016 PM2.5 
implementation rule at this time. However, we note that the federal 
major nonattainment NSR requirements remain unchanged for all other 
criteria pollutants since our review and approval of WAC 173-400-800 
through 860. We are therefore proposing approval of SWCAA 400-800 
through 860 as meeting the current major nonattainment NSR requirements 
for all criteria pollutants except PM2.5 and proposing to 
approve these provisions to apply in lieu of the corresponding Ecology 
provisions of WAC 173-400-800 through 860.

AA. WAC 173-400-117 Special Protection Requirements for Federal Class I 
Areas; WAC 173-400-118 Designation of Class I, II, and III Areas; and 
WAC 173-400-560 General Order of Approval

    As discussed above, WAC 173-400-020(1) states that, ``The 
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.'' SWCAA 400 
does not contain any rules that correspond to the EPA-approved 
provisions of WAC 173-400-117, 173-400-118, or 173-400-560. In this 
action, the EPA therefore proposes to approve these WAC provisions 
within SWCAA's jurisdiction, which the EPA has previously approved into 
the Washington SIP for areas under Ecology's jurisdiction.

BB. Appendix A--SWCAA Method 9, Visual Opacity Determination Method and 
Appendix B--Description of Vancouver Ozone and Carbon Monoxide 
Maintenance Area Boundary

    SWCAA Appendix A corresponds to the EPA Test Method 9--Visual 
Determination of the Opacity of Emissions from Stationary Sources 
contained in 40 CFR part 60, Appendix A. SWCAA explains that, ``The 
difference between the SWCAA Method 9 and EPA Method 9 is in the data 
reduction section. The SWCAA method establishes a three-minute period 
in any one-hour period where opacity cannot exceed an opacity limit. 
For the SWCAA method, 13 readings in a 1-hour period or less, above the 
established opacity limit, no matter how much, constitutes a violation. 
The EPA method is an arithmetic average of any 24 consecutive readings 
at 15-second intervals. These values are averaged and this average 
value cannot exceed the established opacity limit.'' The different data 
reduction methods are needed to accommodate the differences in the 
forms of the opacity standards in 40 CFR part 60 and in SWCAA's rules. 
The EPA reviewed SWCAA Appendix A and we are proposing to determine 
that it meets the requirements for approval under section 110 of the 
CAA.
    SWCAA Appendix B--Description of Vancouver Ozone and Carbon 
Monoxide Maintenance Area Boundary was previously submitted as part of 
the Vancouver Carbon Monoxide Maintenance Plan (61 FR 54560, October 
21, 1996) and the Vancouver Portion of the AQMA Ozone Maintenance Plan 
(62 FR 27204, May 19, 1997). While it remains unchanged, the EPA is 
proposing to revise 40 CFR 52.2470(c)--Table 8--Additional Regulations 
Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction to 
more clearly include Appendix B.

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 8--Additional Regulations 
Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction, the 
SWCAA and Ecology regulations listed in Tables 1 and 2 below for 
sources within SWCAA's jurisdiction.

[[Page 6421]]



  Table 1--Southwest Clean Air Agency (SWCAA) Regulations for Proposed
                 Approval and Incorporation by Reference
------------------------------------------------------------------------
                                           State/local
 State/local citation    Title/subject   effective date    Explanation
------------------------------------------------------------------------
        SWCAA 400--General Regulations for Air Pollution Sources
------------------------------------------------------------------------
400-010..............  Policy and              03/18/01  ...............
                        Purpose.
400-020..............  Applicability...        10/09/16  ...............
400-030..............  Definitions.....        10/09/16  Except: 400-
                                                          030(21) and
                                                          (129).
400-036..............  Portable Sources        10/09/16  ...............
                        From Other
                        Washington
                        Jurisdictions.
400-040..............  General                 10/09/16  Except: 400-
                        Standards for                     040(1)(a), (c)
                        Maximum                           and (d); 400-
                        Emissions.                        040(2); and
                                                          400-040(4).
400-050..............  Emission                10/09/16  Except: 400-
                        Standards for                     050(3); 400-
                        Combustion and                    050(5); and
                        Incineration                      400-050(6).
                        Units.
400-060..............  Emission                10/09/16  ...............
                        Standards for
                        General Process
                        Units.
400-070..............  General                 10/09/16  Except: 400-
                        Requirements                      070(2)(a); 400-
                        for Certain                       070(3)(b); 400-
                        Source                            070(5); 400-
                        Categories.                       070(6); 400-
                                                          070(7); 400-
                                                          070(8)(c); 400-
                                                          070(9); 400-
                                                          070(10); 400-
                                                          070(11); 400-
                                                          070(12); 400-
                                                          070(14); and
                                                          400-070(15)(c)
                                                          .
400-072..............  Small Unit              10/09/16  Except: 400-
                        Notification                      072(5)(a)(ii)(
                        for Selected                      B); 400-
                        Source                            072(5)(d)(ii)(
                        Categories.                       B); 400-
                                                          072(5)(d)(iii)
                                                          (A); 400-
                                                          072(5)(d)(iii)
                                                          (B); and all
                                                          reporting
                                                          requirements
                                                          related to
                                                          toxic air
                                                          pollutants.
400-074..............  Gasoline                11/15/09  Except: 400-
                        Transport                         074(2).
                        Tanker
                        Registration.
400-081..............  Startup and             10/09/16  ...............
                        Shutdown.
400-091..............  Voluntary Limits        10/09/16  ...............
                        on Emissions.
400-105..............  Records,                10/09/16  Except:
                        Monitoring and                    Reporting
                        Reporting.                        requirements
                                                          related to
                                                          toxic air
                                                          pollutants.
400-106..............  Emission Testing        10/09/16  Except: 400-
                        and Monitoring                    106(1)(d)
                        at Air                            through (g);
                        Contaminant                       and 400-
                        Sources.                          106(2).
400-109..............  Air Discharge           10/09/16  Except: The
                        Permit                            toxic air
                        Applications.                     pollutant
                                                          emissions
                                                          thresholds
                                                          contained in
                                                          400-109(3)(d);
                                                          400-109(3)(e)(
                                                          ii); and 400-
                                                          109(4).
400-110..............  Application             10/09/16  Except: 400-
                        Review Process                    110(1)(d).
                        for Stationary
                        Sources (New
                        Source Review).
400-111..............  Requirements for        10/09/16  Except: 400-
                        New Sources in                    111(7).
                        a Maintenance
                        Plan Area.
400-112..............  Requirements for        10/09/16  Except: 400-
                        New Sources in                    112(6).
                        Nonattainment
                        Areas.
400-113..............  Requirements for        10/09/16  Except: 400-
                        New Sources in                    113(5).
                        Attainment or
                        Nonclassifiable
                        Areas.
400-114..............  Requirements for        11/09/03  ...............
                        Replacement or
                        Substantial
                        Alteration of
                        Emission
                        Control
                        Technology at
                        an Existing
                        Stationary
                        Source.
400-116..............  Maintenance of          11/09/03  ...............
                        Equipment.
400-130..............  Use of Emission         10/09/16  ...............
                        Reduction
                        Credits.
400-131..............  Deposit of              10/09/16  ...............
                        Emission
                        Reduction
                        Credits Into
                        Bank.
400-136..............  Maintenance of          10/09/16  ...............
                        Emission
                        Reduction
                        Credits in Bank.
400-151..............  Retrofit                11/09/03  ...............
                        Requirements
                        for Visibility
                        Protection.
400-161..............  Compliance              03/18/01  ...............
                        Schedules.
400-171..............  Public                  10/09/16  Except: 400-
                        Involvement.                      171(2)(a)(xii)
                                                          .
400-190..............  Requirements for        10/09/16  ...............
                        Nonattainment
                        Areas.
400-200..............  Vertical                10/09/16  Except: 400-
                        Dispersion                        200(1).
                        Requirement,
                        Creditable
                        Stack Height
                        and Dispersion
                        Techniques.
400-205..............  Adjustment for          03/18/01  ...............
                        Atmospheric
                        Conditions.
400-210..............  Emission                03/18/01  ...............
                        Requirements of
                        Prior
                        Jurisdictions.
400-800..............  Major Stationary        10/09/16  ...............
                        Source and
                        Major
                        Modification in
                        a Nonattainment
                        Area.
400-810..............  Major Stationary        10/09/16  ...............
                        Source and
                        Major
                        Modification
                        Definitions.
400-820..............  Determining If a        10/09/16  ...............
                        New Stationary
                        Source or
                        Modification to
                        a Stationary
                        Source is
                        Subject to
                        These
                        Requirements.
400-830..............  Permitting              10/09/16  ...............
                        Requirements.
400-840..............  Emission Offset         10/09/16  ...............
                        Requirements.
400-850..............  Actual                  10/09/16  ...............
                        Emissions--Plan
                        twide
                        Applicability
                        Limitation
                        (PAL).
400-860..............  Public                  10/09/16  ...............
                        Involvement
                        Procedures.
Appendix A...........  SWCAA Method 9          10/09/16  ...............
                        Visual Opacity
                        Determination
                        Method.
Appendix B...........  Description of          10/09/16  ...............
                        Vancouver Ozone
                        and Carbon
                        Monoxide
                        Maintenance
                        Area Boundary.
------------------------------------------------------------------------


[[Page 6422]]


Table 2--Washington State Department of Ecology Regulations For Proposed
                 Approval and Incorporation by Reference
------------------------------------------------------------------------
                                           State/local
 State/local citation    Title/subject   effective date    Explanation
------------------------------------------------------------------------
   Chapter 173-400 WAC, General Regulations for Air Pollution Sources
------------------------------------------------------------------------
173-400-117..........  Special                 12/29/12  For permits
                        Protection                        issued under
                        Requirements                      the
                        for Federal                       applicability
                        Class I Areas.                    provisions of
                                                          WAC 173-400-
                                                          800.
173-400-118..........  Designation of          12/29/12  ...............
                        Class I, II,
                        and III Areas.
173-400-560..........  General Order of        12/29/12  Except: The
                        Approval.                         part of 173-
                                                          400-560(1)(f)
                                                          that says,
                                                          ``173-460
                                                          WAC''.
------------------------------------------------------------------------

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. As discussed above, the EPA has reviewed and 
is proposing to approve SWCAA 400-220 Requirements for Board Members, 
SWCAA 400-230 Regulatory Actions and Civil Penalties, SWCAA 400-240 
Criminal Penalties, SWCAA 400-250 Appeals, SWCAA 400-260 Conflict of 
Interest; SWCAA 400-270 Confidentiality of Records and Information, and 
SWCAA 400-280 Powers of Agency as having adequate enforcement and other 
general authority for purposes of implementing and enforcing its SIP, 
but is not incorporating these sections by reference into the SIP 
codified in 40 CFR 52.2470(c). Instead, the EPA is proposing to include 
these sections in 40 CFR 52.2470(e), EPA Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures, as approved but not 
incorporated by reference regulatory provisions.

C. Regulations to Remove From the SIP

    The Ecology regulations contained in Washington's SIP at 40 CFR 
52.2470(c)--Table 8--Additional Regulations Approved for the Southwest 
Clean Air Agency (SWCAA) Jurisdiction were last approved by the EPA on 
June 2, 1995 (60 FR 28726). As previously discussed, under the 
Washington Clean Air Act local clean air agencies have the option of 
adopting and implementing equally stringent or more stringent 
corresponding provisions to apply in lieu of Chapter 173-400 WAC, or 
parts of Chapter 173-400 WAC. With the exception of updated versions of 
WAC 173-400-117, 173-400-118, and 173-400-560, SWCAA requested that the 
submitted SWCAA regulations replace the existing WAC provisions 
currently in the SIP for its jurisdiction. Also, as previously 
discussed, the EPA is proposing to remove from the SIP SWCAA 400-050(3) 
[formerly 400-050(2)], 400-052, 400-070(6), 400-070(8)(c) [formerly 
400-070(7)(c) and (d)], 400-074(2), 400-100, 400-101, and 400-109(4) 
because removal of these provisions would not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of section 110 of the 
CAA. We also note that the SIP includes a reference to SWCAA 400-090 
which was renumbered to SWCAA 400-091 on September 21, 1995. We are 
proposing to remove the reference to SWCAA 400-090 in the SIP which was 
inadvertently not addressed as part of our February 26, 1997 approval 
of SWCAA 400-091 (62 FR 8624).

D. Scope of Proposed Action

    This proposed revision to the SIP applies specifically to the SWCAA 
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 8. 
As discussed in our October 3, 2014 action (79 FR 59653, at page 
59654), local air agency jurisdiction in Washington is generally 
defined on a geographic basis; however there are exceptions. By 
statute, SWCAA does not have authority for sources under the 
jurisdiction of the Energy Facility Site Evaluation Council (EFSEC). 
See Revised Code of Washington Chapter 80.50. Under the applicability 
provisions of WAC 173-405-012, 173-410-012, and 173-415-012, SWCAA 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 PSD permitting program. Therefore, the EPA is not 
approving into 40 CFR 52.2470(c)--Table 8 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, which the EPA has 
already approved as applying state-wide.
    As described in our April 29, 2015 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. See 80 FR 
23721. However, for facilities subject to major nonattainment NSR under 
the applicability provisions of SWCAA 400-800, we are proposing that 
SWCAA would be responsible for implementing those parts of WAC 173-400-
117 as they relate to major nonattainment NSR permits. See 80 FR 23726. 
If finalized, the EPA is also proposing to modify the visibility 
protection Federal Implementation Plan contained in 40 CFR 52.2498 to 
reflect the approval of WAC 173-400-117 as it applies to implementation 
of the major nonattainment NSR program in SWCAA's jurisdiction.
    Lastly, this SIP revision is not approved to apply in Indian 
reservations in the State, or any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction.

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 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 materials generally available through 
www.regulations.gov and/or at the EPA

[[Page 6423]]

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 CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 
proposed action merely approves the state's law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by the state's 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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. This SIP revision is not approved to 
apply in Indian reservations in the State, 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: January 4, 2017.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2017-01090 Filed 1-18-17; 8:45 am]
 BILLING CODE 6560-50-P