[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10983-10985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03250]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0636: FRL-10005-19-Region 10]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 
elements such as new source review permitting. Since 1991, many of the 
cross-references to the general regulations for air pollution sources 
have changed. The EPA is approving a revision to the SIP updating the 
cross-references and other miscellaneous changes.

DATES: This final rule is effective March 27, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2019-0636. 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

    On November 5, 2019, Ecology submitted updated portions of Chapters 
173-405, 173-410, and 173-415 Washington Administrative Code (WAC) for 
approval into the SIP. On December 4, 2019, the EPA proposed to approve 
the submitted changes (84 FR 66366). 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 
January 3, 2020. We received no comments.

II. Final Action

    We are approving and incorporating by reference into the Washington 
SIP the revisions to Chapters 173-405, 173-410, and 173-415 WAC, State 
effective May 24, 2019, submitted by Ecology on November 5, 2019. We 
are also removing from the SIP the outdated and subsequently repealed 
provisions of WAC 173-415-045, 173-415-050, 173-415-051, and 173-415-
080.

[[Page 10984]]

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 to 40 CFR part 52 set forth 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 or 
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 it 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).
    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 April 27, 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: January 28, 2020.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons stated 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.

Subpart WW--Washington

0
2. Amend Sec.  52.2470(c), Table 1:
0
a. Under the heading ``Washington Administrative Code, Chapter 173-
405--Kraft Pulping Mills'', by revising the entries ``173-405-021'', 
``173-405-072'', ``173-405-086'', and ``173-405-087'';
0
b. Under the heading ``Washington Administrative Code, Chapter 173-
410--Sulfite Pulping Mills'' by revising the entries ``173-410-021'', 
``173-410-062'', ``173-410-086'', and ``173-410-087''; and
0
c. Under the heading ``Washington Administrative Code, Chapter 173-
415--Primary Aluminum Plants'' by:
0
i. Adding the entry ``173-415-015'' in numerical order;
0
ii. Revising the entry ``173-415-020'';
0
iii. Removing the entries ``173-415-045'', ``173-415-050'', and ``173-
415-051'';
0
iv. Revising the entry ``173-415-060''; and
0
v. Removing entry ``173-415-080''.
    The revisions and additions read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

[[Page 10985]]



                                     Table 1--Regulations Approved Statewide
 [Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup
    Indian Reservation) and any other area where the EPA or an Indian tribe has demonstrated that a tribe has
                                                  jurisdiction]
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                                                        State
       State citation             Title/subject       effective      EPA approval date         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  2/26/20, [Insert        ......................
                                                                   Federal Register
                                                                   citation].
 
                                                  * * * * * * *
173-405-072................  Monitoring                  5/24/19  2/26/20, [Insert        Except 173-405-072(2).
                              Requirements.                        Federal Register
                                                                   citation].
 
                                                  * * * * * * *
173-405-086................  New Source Review           5/24/19  2/26/20, [Insert        Except provisions
                              (NSR).                               Federal Register        related to WAC 173-
                                                                   citation].              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  2/26/20, [Insert        Except 173-400-
                              Significant                          Federal Register        720(4)(a)(i through
                              Deterioration (PSD).                 citation].              iv), 173-400-
                                                                                           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
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                                                  * * * * * * *
173-410-021................  Definitions...........      5/24/19  2/26/20, [Insert        ......................
                                                                   Federal Register
                                                                   citation].
 
                                                  * * * * * * *
173-410-062................  Monitoring                  5/24/19  2/26/20, [Insert        ......................
                              Requirements.                        Federal Register
                                                                   citation].
 
                                                  * * * * * * *
173-410-086................  New Source Review           5/24/19  2/26/20, [Insert        Except provisions
                              (NSR).                               Federal Register        related to WAC 173-
                                                                   citation].              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  2/26/20, [Insert        Except 173-400-
                              Significant                          Federal Register        720(4)(a)(i through
                              Deterioration (PSD).                 citation].              iv), 173-400-
                                                                                           720(4)(b)(iii)(C),
                                                                                           and 173-400-750(2)
                                                                                           second sentence.
 
                                                  * * * * * * *
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                    Washington Administrative Code, Chapter 173-415--Primary Aluminum Plants
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
173-415-015................  Applicability.........      5/24/19  2/26/20, [Insert        Except 173-415-015(3).
                                                                   Federal Register
                                                                   citation].
173-415-020................  Definitions...........      5/24/19  2/26/20, [Insert        Except 173-415-020(6).
                                                                   Federal Register
                                                                   citation].
 
                                                  * * * * * * *
173-415-060................  Monitoring and              5/24/19  2/26/20, [Insert        Except 173-415-
                              Reporting.                           Federal Register        060(1)(b).
                                                                   citation].
 
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[FR Doc. 2020-03250 Filed 2-25-20; 8:45 am]
BILLING CODE 6560-50-P