[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Proposed Rules]
[Pages 66366-66368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26146]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0636: FRL-10002-84-Region 10]


Air Plan Approval; WA; Updates to Source-Category Regulations

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 Department of Ecology (Ecology). In 1991, 
Ecology established source-category regulations for kraft pulp mills, 
sulfite pulping mills, and primary aluminum plants. These source-
category regulations contain requirements specific to these types of 
facilities. However, the source-category regulations also rely upon 
cross-references to the general air quality regulations to implement 
program

[[Page 66367]]

elements such as new source review permitting. Since 1991, many of the 
cross-references to the general regulations for air pollution sources 
have changed. In this action, the EPA is proposing to revise the SIP to 
update the cross-references and other miscellaneous changes.

DATES: Written comments must be received on or before January 3, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0636 at https://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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue--Suite 155, Seattle, WA 98101, 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.

I. Background

    In 1991, Washington established rules for kraft pulp mills, sulfite 
pulp mills, and primary aluminum plants and submitted the rules to the 
EPA for approval into the Washington SIP. The EPA approved Chapters 
173-405 Kraft Pulping Mills, 173-410 Sulfite Pulping Mills, and 173-415 
Primary Aluminum Plants Washington Administrative Code (WAC) on January 
15, 1993 (58 FR 4578). These regulations established source-category 
specific requirements with cross-references to Chapter 173-400 WAC 
General Regulations for Air Pollution Sources to meet general 
requirements. Since the EPA's last approval in 1993, many of the cross-
references contained in Chapters 173-405, 173-410, and 173-415 WAC have 
changed. On November 5, 2019, Ecology submitted updated portions of 
Chapters 173-405, 173-410, and 173-415 WAC for approval into the SIP.

II. Analysis of Rule Updates

    Washington's SIP submission consists primarily of minor changes to 
the rules, with a few more substantive changes described below. The 
relatively minor changes to Chapters 173-405, 173-410, and 173-415 WAC 
include updating cross-references to the requirements in Chapter 173-
400 WAC and making clarifying changes to definitions and supporting 
rule language. Redline/strikeout analyses of Ecology's 2019 rule 
revisions proposed for approval are included in the docket for this 
action. The more significant changes include revising WAC 173-405-072 
Monitoring Requirements and 173-410-062 Monitoring Requirements to 
extend the timeframe for submission of source testing reports from 
fifteen days to sixty days for kraft and sulfite pulping mills. 
Ecology's SIP submission explains that the change was made to provide a 
more realistic timeframe to complete and submit a quality-assured 
performance test report. The sixty-day timeframe is the same as the 
federal performance report submission timeline established for the pulp 
and paper industry in 40 CFR part 63, subpart S. See 40 CFR. 
63.455(h)(2). Similarly, Ecology revised WAC 173-415-060 Monitoring 
Requirements to extend the time allowed for submission of source 
testing reports from thirty to sixty days for primary aluminum plants. 
This sixty-day timeframe is the same as the federal performance report 
submission timeline for primary aluminum plants in 40 CFR pat 63, 
subpart LL. See 40 CFR 63.850(b) for primary aluminum plants.
    In addition to the 2019 regulatory changes described above, 
effective September 23, 2005, Ecology revised Chapter 173-415 WAC, 
which was not submitted for SIP revision at that time. Specifically, 
Ecology revised WAC 173-415-020 Definitions and WAC 173-415-060 
Monitoring and Reporting to better align with the federal definitions 
and requirements in 40 CFR part 63, subpart LL. Ecology also added WAC 
173-415-015 Applicability that clarified the general provisions of 
Chapter 173-400 WAC apply to all emission sources, including all 
primary aluminum reduction plants. This revision allowed Ecology to 
repeal the redundant provisions of WAC 173-415-045 Creditable Stack 
Height & Dispersion Techniques, WAC 173-415-050 New Source Review 
(NSR), 173-415-051 Prevention of Significant Deterioration (PSD), and 
173-415-080 Emission Inventory, which cited to older, subsequently 
revised provisions of Chapter 173-400 WAC. A copy of the 2005 changes 
(WSR 05-17-169) is included in the docket for this action. We are 
proposing to approve these changes. We also note, as described below, 
that Ecology's 2005 revisions related to the regulation of fluorides 
are outside the scope of Clean Air Act (CAA) section 110 requirements 
for SIPs.
    Consistent with our January 15, 1993 approval, Ecology did not 
submit requirements related to total reduced sulfur, fluorides, or 
cross-references to toxic air pollutants regulated under Chapter 173-
460 WAC, because they are outside the scope of CAA section 110 
requirements for SIPs. Similarly, Chapters 173-405, 173-410, and 173-
415 WAC cross-reference Chapter 173-400 WAC; however, not all 
provisions of Chapter 173-400 WAC are contained in the SIP.\1\ Lastly, 
Ecology did not submit all revisions to Chapters 173-405, 173-410, and 
173-415 WAC as part of the current SIP update. Please see Appendix A of 
Ecology's November 5, 2019, SIP revision request for a full listing of 
updates submitted for approval.
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    \1\ See 40 CFR 52.2470(c), Table 2--Additional Regulations 
Approved for Washington Department of Ecology (Ecology) Direct 
Jurisdiction.
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III. Proposed Action

    We are proposing to approve and incorporate by reference the 
revisions to the Washington SIP shown in the table below. We are also 
proposing to remove from the SIP the outdated and subsequent repealed 
provisions of WAC 173-415-045, 173-415-050, 173-415-051, and 173-415-
080.

[[Page 66368]]



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                                          State
   State citation      Title/subject    effective       Explanations
                                           date
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  Washington Administrative Code, Chapter 173-405--Kraft Pulping Mills
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173-405-021.........  Definitions....      5/24/19  ....................
173-405-072.........  Monitoring           5/24/19  Except 173-405-
                       Requirements.                 072(2).
173-405-086.........  New Source           5/24/19  Except provisions
                       Review (NSR).                 related to WAC 173-
                                                     400-114 and
                                                     provisions excluded
                                                     from our approval
                                                     of WAC 173-400-110
                                                     through 173-400-
                                                     113.
173-405-087.........  Prevention of        5/24/19  Except 173-400-
                       Significant                   720(4)(a)(i through
                       Deterioration                 iv), 173-400-
                       (PSD).                        720(4)(b)(iii)(C),
                                                     and 173-400-750(2)
                                                     second sentence.
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 Washington Administrative Code, Chapter 173-410--Sulfite Pulping Mills
------------------------------------------------------------------------
173-410-021.........  Definitions....      5/24/19  ....................
173-410-062.........  Monitoring           5/24/19  ....................
                       Requirements.
173-410-086.........  New Source           5/24/19  Except provisions
                       Review (NSR).                 related to WAC 173-
                                                     400-114 and
                                                     provisions excluded
                                                     from our approval
                                                     of WAC 173-400-110
                                                     through 173-400-
                                                     113.
173-410-087.........  Prevention of        5/24/19  Except 173-400-
                       Significant                   720(4)(a)(i through
                       Deterioration                 iv), 173-400-
                       (PSD).                        720(4)(b)(iii)(C),
                                                     and 173-400-750(2)
                                                     second sentence.
------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-415--Primary Aluminum Plants
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173-415-015.........  Applicability..      5/24/19  Except 173-415-
                                                     015(3).
173-415-020.........  Definitions....      5/24/19  Except 173-415-
                                                     020(6).
173-415-060.........  Monitoring and       5/24/19  Except 173-415-
                       Reporting.                    060(1)(b).
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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 regulatory changes described in section III above. The 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov.

V. 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 proposed action merely approves state law as meeting 
federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because this action does not involve technical standards; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land in 
Washington except as specifically noted below and is also not approved 
to apply in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
Washington's SIP is approved to apply on non-trust land within the 
exterior boundaries of the Puyallup Indian Reservation, also known as 
the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement 
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and 
local agencies in Washington authority over activities on non-trust 
lands within the 1873 Survey Area. Consistent with EPA policy, the EPA 
provided a consultation opportunity to the Puyallup Tribe in a letter 
dated May 16, 2019.

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: November 22, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-26146 Filed 12-3-19; 8:45 am]
 BILLING CODE 6560-50-P