[Federal Register Volume 85, Number 16 (Friday, January 24, 2020)]
[Rules and Regulations]
[Pages 4233-4236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00549]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0568; FRL-10003-85-Region 10]


Air Plan Approval; Washington; Update to the Adoption by 
Reference, Energy Facility Site Evaluation Council

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is revising the 
Washington State Implementation Plan (SIP) to approve updates to the 
Energy Facility Site Evaluation Council (EFSEC) air quality 
regulations. The EFSEC regulations apply to major energy facilities in 
the State of Washington and establish permitting requirements and 
emissions standards for such facilities. The EFSEC regulations 
primarily adopt by reference the Washington Department of Ecology 
(Ecology) general air quality regulations for program implementation. 
We are approving EFSEC's updated adoption by reference to include 
certain changes to Ecology's general air quality regulations since 
EFSEC's last adoption by reference, consistent with prior approvals.

DATES: This final rule is effective February 24, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2019-0568. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information the disclosure 
of which is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available at https://www.regulations.gov, or please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

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, wherever ``we,'' 
``us,'' or ``our'' is used, it means the EPA.

I. Background

    By statute, EFSEC has jurisdiction for managing the air program 
with respect to major energy facilities in the State of Washington. See 
Chapter 80.50 of the Revised Code of Washington (RCW). The EFSEC air 
quality regulations are contained in Chapter 463-78 Washington 
Administrative Code (WAC) General and Operating Permit Regulations for 
Air Pollution Sources. These EFSEC regulations rely primarily on the 
adoption by reference of the corresponding Ecology general air quality 
regulations contained in Chapter 173-400 WAC General Regulations for 
Air Pollution Sources. Many of the provisions of Chapter 173-400 WAC 
adopted by reference remain unchanged since the EPA's last approval of 
EFSEC's regulations and were not resubmitted as part of Washington's 
September 30, 2019, SIP revision. Other revised Chapter 173-400 WAC 
provisions were not submitted for approval as part of this current SIP 
revision, including certain subsections of WAC 173-400-030 and 173-400-
040. Specifically, subsections WAC 173-400-030(30) [subsequently 
renumbered to (32)], WAC 173-400-030(36) [subsequently renumbered to 
(38)], and WAC 173-400-040(2) were not submitted by Ecology and EFSEC 
as part of this action. For those sections, the versions previously 
approved by the EPA in the Federal Register at 82 FR 24533 (May 30, 
2017) remain in the SIP.
    On October 29, 2019, we proposed approving EFSEC's updated adoption 
by reference to include certain changes to Ecology's general air 
quality regulations since EFSEC's last adoption by reference (84 FR 
57836). The reasons for our proposed approval were stated in the 
proposed rule and will not be re-stated here. The public comment period 
for our proposed action ended on November 29, 2019. We received no 
adverse comments.

[[Page 4234]]

II. Final Action

    The EPA is approving and incorporating by reference into the 
Washington SIP the submitted changes to WAC 463-78-005, Adoption by 
Reference, State effective August 26, 2019, and the corresponding 
submitted updates to EFSEC's adoption by reference of the following 
sections of Chapter 173-400 WAC:
     173-400-111, 173-400-116, 173-400-710, 173-400-720, 173-
400-730, 173-400-810, 173-400-830, 173-400-840, 173-400-850, State 
effective July 01, 2016;
     173-400-025, 173-400-030, 173-400-040, 173-400-050, 173-
400-171, 173-400-740, State effective September 16, 2018; and
     173-400-060 and 173-400-105, State effective November 25, 
2018.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, we are finalizing the incorporation by reference as described in 
the amendments set forth to 40 CFR part 52 below. The EPA has made, and 
will continue to make, these materials generally available through 
https://www.regulations.gov and at the EPA Region 10 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by the EPA for inclusion in the SIP, have 
been incorporated by reference by the EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of the EPA's approval, and will 
be incorporated by reference in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Review

    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 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 it does not address 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 in this preamble 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 24, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

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: December 13, 2019.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

[[Page 4235]]

Subpart WW--Washington

0
2. Amend Sec.  52.2470(c), Table 3, by:
0
a. Revising the entry ``78-005''; and
0
 b. Under the heading ``Washington Administrative Code, Chapter 173-400 
Regulations Incorporated by Reference in WAC 463-78-005'':
0
i. Adding the entry ``173-400-025'' in numerical order;
0
ii. Revising the entry ``173-400-030'';
0
iii. Adding the entry ``173-400-030(30)&(36)'' in numerical order;
0
iv. Revising the entry ``173-400-040'';
0
v. Adding the entry ``173-400-040(2)'' in numerical order; and
0
vi. Revising the entries ``173-400-050'', ``173-400-060'', ``173-400-
105'', ``173-400-111'', ``173-400-116'', ``173-400-171'', ``173-400-
710'', ``173-400-720'', ``173-400-730'', ``173-400-740'', ``173-400-
810'', ``173-400-830'', ``173-400-840'', and ``173-400-850''.
    The revisions and additions read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

 Table 3--Additional Regulations Approved for the Energy Facilities Site Evaluation Council (EFSEC) Jurisdiction
              [See the SIP-approved provisions of WAC 463-78-020 for jurisdictional applicability]
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                                                              State
           State citation                Title/subject      effective    EPA approval date       Explanations
                                                              date
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   Washington Administrative Code, Chapter 463-78--General and Operating Permit Regulations for Air Pollution
                                                     Sources
----------------------------------------------------------------------------------------------------------------
78-005.............................  Adoption by              8/26/19  1/20/2020, [Insert    Subsection (1)
                                      Reference.                        Federal Register      only. See below
                                                                        citation].            for the updated
                                                                                              Chapter 173-400--
                                                                                              WAC provisions
                                                                                              adopted by
                                                                                              reference and
                                                                                              submitted to the
                                                                                              EPA for approval.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Washington Administrative Code, Chapter 173-400--Regulations Incorporated by Reference in WAC 463-78-005
----------------------------------------------------------------------------------------------------------------
173-400-025........................  Adoption of Federal      9/16/18  1/20/2020, [Insert    ...................
                                      Rules.                            Federal Register
                                                                        citation].
173-400-030........................  Definitions.........     9/16/18  1/20/2020, [Insert    Except: 173-400-
                                                                        Federal Register      030(6); 173-400-
                                                                        citation].            030(32); 173-400-
                                                                                              030(38); 173-400-
                                                                                              030(45); 173-400-
                                                                                              030(83); 173-400-
                                                                                              030(89); 173-400-
                                                                                              030(96); 173-400-
                                                                                              030(97); 173-400-
                                                                                              030(100); 173-400-
                                                                                              030(103); 173-400-
                                                                                              030(104).
173-400-030(30) & (36).............  Definitions.........    12/29/12  5/30/17, 82 FR 24533
 
                                                  * * * * * * *
173-400-040........................  General Standards        9/16/18  1/20/2020, [Insert    Except: 173-400-
                                      for Maximum                       Federal Register      040(2); 173-400-
                                      Emissions.                        citation].            040(3); 173-400-
                                                                                              040(5).
173-400-040(2).....................  General Standards         4/1/11  5/30/17, 82 FR 24533  Except: 173-400-
                                      for Maximum                                             040(2)(c); 173-400-
                                      Emissions.                                              040(2)(d).
173-400-050........................  Emission Standards       9/16/18  1/20/2020, [Insert    Except: 173-400-
                                      for Combustion and                Federal Register      050(2); 173-400-
                                      Incineration Units.               citation].            050(4); 173-400-
                                                                                              050(5); 173-400-
                                                                                              050(6).
173-400-060........................  Emission Standards      11/25/18  1/20/2020, [Insert    ...................
                                      for General Process               Federal Register
                                      Units.                            citation].
 
                                                  * * * * * * *
173-400-105........................  Records, Monitoring,    11/25/18  1/24/2020, [Insert    ...................
                                      and Reporting.                    Federal Register
                                                                        citation].
 
                                                  * * * * * * *
173-400-111........................  Processing Notice of    07/01/16  1/20/2020, [Insert    Except: 173-400-
                                      Construction                      Federal Register      111(3)(h); The
                                      Applications for                  citation].            part of 173-400-
                                      Sources, Stationary                                     111(8)(a)(v) that
                                      Sources and                                             says,
                                      Portable Sources.                                       ``and 173-
                                                                                              460-040,'';
                                                                                             173-400-111(9).
 
                                                  * * * * * * *
173-400-116........................  Increment Protection    07/01/16  1/20/2020, [Insert    ...................
                                                                        Federal Register
                                                                        citation].
 
                                                  * * * * * * *
173-400-171........................  Public Notice and        9/16/18  1/20/2020, [Insert    Except: The part of
                                      Opportunity for                   Federal Register      173-400-171(3)(b)
                                      Public Comment.                   citation].            that says,
                                                                                              ``or any
                                                                                              increase in
                                                                                              emissions of a
                                                                                              toxic air
                                                                                              pollutant above
                                                                                              the acceptable
                                                                                              source impact
                                                                                              level for that
                                                                                              toxic air
                                                                                              pollutant as
                                                                                              regulated under
                                                                                              chapter 173-460
                                                                                              WAC'';
                                                                                             173-400-171(3)(o);
                                                                                              173-400-171(12).

[[Page 4236]]

 
 
                                                  * * * * * * *
173-400-710........................  Definitions.........    07/01/16  1/24/2020, [Insert    ...................
                                                                        Federal Register
                                                                        citation].
173-400-720........................  Prevention of           07/01/16  1/24/2020, [Insert    Except: 173-400-
                                      Significant                       Federal Register      720(4)(a)(i
                                      Deterioration (PSD).              citation].            through iv) and
                                                                                              173-400-720(4)(b)(
                                                                                              iii)(C).
173-400-730........................  Prevention of           07/01/16  1/24/2020, [Insert    ...................
                                      Significant                       Federal Register
                                      Deterioration                     citation].
                                      Application
                                      Processing
                                      Procedures.
173-400-740........................  PSD Permitting           9/16/18  1/24/2020, [Insert    ...................
                                      Public Involvement                Federal Register
                                      Requirements.                     citation].
 
                                                  * * * * * * *
173-400-810........................  Major Stationary        07/01/16  1/24/2020, [Insert    ...................
                                      Source and Major                  Federal Register
                                      Modification                      citation].
                                      Definitions.
 
                                                  * * * * * * *
173-400-830........................  Permitting              07/01/16  1/24/2020, [Insert    ...................
                                      Requirements.                     Federal Register
                                                                        citation].
173-400-840........................  Emission Offset         07/01/16  1/24/2020, [Insert    ...................
                                      Requirements.                     Federal Register
                                                                        citation].
173-400-850........................  Actual Emissions        07/01/16  1/24/2020, [Insert    ...................
                                      Plantwide                         Federal Register
                                      Applicability                     citation].
                                      Limitation (PAL).
 
                                                  * * * * * * *
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[FR Doc. 2020-00549 Filed 1-23-20; 8:45 am]
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