[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Proposed Rules]
[Pages 16599-16604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05911]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2020-0108: FRL-10006-82-Region 10]


Air Plan Approval; Washington; Northwest Clean Air Agency

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 the Northwest Clean Air Agency (NWCAA). This 
proposed revision would update certain NWCAA regulations currently in 
the SIP, remove obsolete regulations, and approve a subset of updated 
Ecology regulations to apply in NWCAA's jurisdiction.

DATES: Written comments must be received on or before April 23, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2020-0108 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. This 
supplementary information section is arranged as follows:

Table of Contents

I. Background for Proposed Action
II. Changes to the NWCAA Regulations
    A. General Provisions
    B. Definitions
    C. Control Procedures
    D. Standards
III. Application of WAC 173-400-020
IV. The EPA's Proposed Action
    A. Regulations To Approve and Incorporate by Reference Into the 
SIP
    B. Approved but Not Incorporated by Reference Regulations
    C. Regulations To Remove From the SIP
    D. Scope of Proposed Action
V. Incorporation by Reference
VI. 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 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).\1\ Under the revised applicability 
provisions of WAC 173-400-020 approved into the SIP on October 3, 2014, 
the regulations contained in Chapter 173-400 WAC 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 Revised Code of 
Washington (RCW) 70.94.141 and 70.94.331.'' \2\ Therefore, 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 revised Chapter 173-400 WAC 
regulations as they apply to local clean air agency jurisdictions on a 
case-by-case basis in separate, future actions.
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    \1\ In subsequent actions on September 29, 2016 (81 FR 66823) 
and October 6, 2016 (81 FR 69385) we made minor corrections to our 
previous approval of Chapter 173-400 WAC and approved revised WAC 
provisions that incorporated by reference the most recent changes to 
the Federal regulations. Additionally, on December 4, 2019 (84 FR 
66363) we proposed to approve additional changes to Chapter 173-400 
WAC state effective September 16, 2018 and November 25, 2018, which 
we are in the processes of finalizing.
    \2\ For a more detailed discussion see page 39352 of the EPA's 
proposed approval of WAC 173-400-020 (79 FR 39351, July 10, 2014).
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    On February 6, 2020, the Director of Ecology, as the Governor's 
designee for SIP revisions, submitted a request to update the air 
quality regulations in the SIP as they apply to NWCAA's jurisdiction in 
40 CFR part 52.2470(c),

[[Page 16600]]

Table 5--Additional Regulations Approved for the Northwest Clean Air 
Agency (NWCAA) Jurisdiction. NWCAA's jurisdiction consists of Island, 
Skagit and Whatcom counties, excluding certain facilities discussed in 
section IV.D. Scope of Proposed Action. NWCAA's jurisdiction also 
excludes Indian reservation land or any other area where the EPA or an 
Indian tribe has demonstrated that a tribe has jurisdiction.
    Appendices A and A.1 of the February 6, 2020, SIP revision show how 
the submitted regulatory updates would apply to NWCAA's jurisdiction. 
These revisions can be summarized in two categories. The first category 
consists of updates to the NWCAA regulations currently in the SIP or 
adopted since the last SIP approval. These updated provisions can apply 
in lieu of, or serve as a supplement to, the statewide Chapter 173-400 
WAC provisions, as shown in Table 1. The second category consists of 
Chapter 173-400 WAC provisions or subsections that do not have direct 
corollaries under the NWCAA regulations. In these cases, Ecology and 
NWCAA requested that the EPA revise the SIP to include the most 
recently approved updates to Chapter 173-400 WAC to apply in NWCAA's 
jurisdiction, as shown in Table 2. The EPA's proposed approval of the 
Chapter 173-400 WAC provisions for NWCAA's jurisdiction would be 
subject to the same exceptions that apply to Ecology's direct 
jurisdiction. For example, as part of the January 2014 submittal of 
Chapter 173-400 WAC, Ecology did not submit for approval those 
provisions related to the regulation of toxic air pollutants or odor 
because such provisions are outside the scope of SIPs under Clean Air 
Act (CAA) section 110.

II. Changes to the NWCAA Regulations

    The EPA last approved updates to the NWCAA regulations on February 
22, 1995 (60 FR 9778) and October 24, 1995 (60 FR 54439). In this 
proposed action, NWCAA and Ecology requested updating parts of the SIP 
with the revised NWCAA regulations described below.

A. General Provisions

    The NWCAA general provisions approved into the SIP are contained in 
sections 100 through 180. Many of the changes to the NWCAA general 
provisions since the EPA's last approval are minor in nature, including 
incorporating the name change from the ``Northwest Air Pollution 
Authority'' to the ``Northwest Clean Air Agency.'' Other changes 
include removing outdated provisions, consolidating sections, or 
revisions to more closely mirror the WAC. A full redline/strikeout 
comparison of the 1995-approved NWCAA general provisions to the most 
recent set of revisions submitted for approval is included in the 
docket for this action and will not be described in detail here. We 
note that NWCAA did not submit all sections of the general provisions. 
For example, NWCAA did not submit replacements for sections 121 Orders, 
150 Pollutant Disclosure--Reporting by Air Contaminant Sources, and 180 
Sampling and Analytical Methods/References (replaced by section 367, 
not submitted as part of this SIP revision). NWCAA also did not submit 
section 155 State Environmental Policy Act because it is outside the 
scope of SIPs under CAA section 110.
    The most significant change with respect to the NWCAA general 
provisions is consistent with several recent approvals regarding the 
``Regulations Approved but Not Incorporated by Reference'' portion of 
the SIP.\3\ 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 to avoid 
potential conflict with the EPA's independent authorities. In our 
previous 1995 approvals, we included many of NWCAA's enforcement and 
other general authority provisions in 40 CFR 52.2470(c), the 
regulations incorporated by reference. We are proposing to revise the 
SIP and approve the most recent updates to these sections for inclusion 
in 40 CFR 52.2470(e), Table 1--Approved but Not Incorporated by 
Reference Regulations. The NWCAA general provisions proposed for 
approval, but not incorporation by reference are listed below in 
section IV.B Approved but Not Incorporated by Reference Regulations. We 
note that sections 100 Name of Agency, 101 Short Title, and 102 Policy, 
remain in 40 CFR 52.2470(c), the regulations incorporated by reference, 
and we propose to approve the most recent updates to these sections, as 
shown in Table 1.
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    \3\ See Benton Clean Air Agency (80 FR 71695, November 17, 
2015), Energy Facility Site Evaluation Council (82 FR 24533, May 30, 
2017), and Southwest Clean Air Agency (82 FR 17139, April 10, 2017).
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B. Definitions

    Since the EPA's last approval in 1995, NWCAA revised section 200 
Definitions to more closely align with the WAC. For example, 
definitions related to outdoor burning were moved to the standalone 
outdoor burning regulations in section 502 similar to the structure of 
WAC 173-425-030. Other NWCAA definitions were revised to more closely 
parallel WAC 173-400-030, the definition section for the state general 
air quality regulations (79 FR 59653, October 3, 2014). Other 
definitions, previously approved into the SIP under section 580 
Volatile Organic Compound Control, were consolidated into the general 
definition section with minor wording revisions. A redline/strikeout 
comparison of the NWCAA definitions to the SIP-approved WAC 
definitions, or the prior 1995 SIP-approved NWCAA definition if there 
is not a WAC definition, is included in the docket for this action and 
will not be described in detail here. We note that consistent with our 
approval of Chapter 173-400 WAC, NWCAA did not submit definitions 
related to toxic air pollutants or odors, because they are outside the 
scope of SIPs under CAA section 110. We also note that NWCAA and 
Ecology requested that section 200 generally replace WAC 173-400-030 
for sources subject to NWCAA's jurisdiction. However, if a definition 
does not appear in section 200 the WAC 173-400-030 definition shall 
apply. This applies mainly to definitions related to nonattainment new 
source review, visibility permitting, and the Prevention of Significant 
Deterioration Program described in the next section, because NWCAA 
relies primarily on the WAC for those provisions.

C. Control Procedures

    NWCAA and Ecology submitted sections 300 New Source Review, 305 
Public Involvement, 320 Registration Program, and 321 Exemptions from 
Registration for approval into the SIP, with certain exceptions 
described below. These sections consolidate and replace the 1995 SIP-
approved sections 300, 301 (consolidated into 300), 302 (consolidated 
into 300), 303, 310 (replaced by 320), 320, 321 (replaced by 320), 322 
(renumbered to 321), and 323 (replaced by 320). The revised versions 
more closely align the NWCAA new source review program and registration 
program with the WAC. A crosswalk comparing NWCAA sections to the SIP-
approved WAC corollaries is included in the docket for this action.
    Generally, the NWCAA new source review program in section 300 
replaces the following WAC provisions: 173-400-036 Relocation of 
Portable Sources, 173-400-110 New Source Review (NSR) for Sources and 
Portable Sources, 173-400-111 Processing Notice of

[[Page 16601]]

Construction Applications for Sources, Stationary Sources and Portable 
Sources, 173-400-113 New Sources in Attainment or Unclassifiable 
Areas--Review for Compliance with Regulations, and 173-400-560 General 
Order of Approval for facilities subject to NWCAA's permitting 
jurisdiction. As discussed in more detail in section IV.D Scope of 
Proposed Action, Ecology and the Energy Facility Site Evaluation 
Council (EFSEC) have direct permitting authority for certain source 
categories, including the Prevention of Significant Deterioration (PSD) 
new source review permitting program for major stationary sources in 
attainment and unclassifiable areas. In these cases, the WAC would 
continue to apply to permits issued under Ecology or EFSEC's direct 
authority. NWCAA retains citations to the PSD program, implemented 
under WAC 173-400-700 through 173-400-750, for purposes such as working 
on permit coordination with Ecology, enforcing existing PSD permit 
conditions not yet incorporated into Title V permits, and determining 
violations for inspected facilities that failed to obtain the necessary 
PSD permits. However, NWCAA is not requesting, and the EPA is not 
proposing to approve, the authority to issue PSD permits under WAC 173-
400-700 through 173-400-750 for NWCAA's direct permitting jurisdiction.
    With respect to stationary sources in nonattainment areas, NWCAA 
does not currently have, and has never had, a designated nonattainment 
area. For this reason, NWCAA has not developed independent local agency 
nonattainment new source review (NNSR) rules. In the event that a 
nonattainment area is designated in the future, NWCAA retains the 
following WAC provisions for implementation of NNSR, and the 
accompanying visibility permitting requirements for major stationary 
sources: WAC 173-400-112 Requirements for New Sources in Nonattainment 
Areas--Review for Compliance with Regulations, WAC 173-400-117 Special 
Protection Requirements for Federal Class I Areas, 173-400-131 Issuance 
of Emission Reduction Credits, 173-400-136 Use of Emission Reduction 
Credits (ERC), as well as the major stationary source NNSR provisions 
contained in WAC 173-400-800 through 173-400-860.\4\ Although most of 
the NNSR requirements are self-contained in WAC provisions cited above, 
certain subsections of WAC 173-400-111 and 173-400-113, noted in Table 
2, relate to nonattainment areas and are also retained to apply to 
NWCAA's permitting jurisdiction, but only for purposes of implementing 
NNSR, as needed.
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    \4\ The EPA approved WAC 173-400-800 through 173-400-860 for 
Ecology's direct permitting jurisdiction on November 7, 2014 (79 FR 
59653), with minor revisions to reflect updated Federal citations on 
October 6, 2016 (81 FR 69385). In connection with our November 7, 
2014 approval, we reviewed WAC 173-400-800 through 173-400-860 
pursuant to the Federal regulatory requirements in existence at that 
time, and discussed the fact that the EPA's 2008 PM2.5 
New Source Review Rule (73 FR 28321, May 16, 2008), had been 
remanded to the EPA by the U.S. Court of Appeals for the District of 
Columbia Circuit. See 79 FR 43345, 43347 (July 25, 2014) (proposed 
action); 79 FR 59653 (final action). EPA's 2008 PM2.5 New 
Source Review Rule has since been replaced by a revised 
implementation rule published August 24, 2016, which imposed 
additional NNSR requirements for PM2.5 nonattainment 
areas (81 FR 58010). Because there are currently no nonattainment 
areas within NWCAA's jurisdiction or Washington State for any 
criteria pollutant, including PM2.5, the EPA did not 
review WAC 173-400-800 through 173-400-860 for consistency with the 
newly revised PM2.5 implementation rule; nor does Ecology 
or NWCAA 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 stationary source NNSR requirements 
remain unchanged for all other criteria pollutants since our review 
and approval of WAC 173-400-800 through 173-400-860.
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    The crosswalk included in the docket also contains a comparison of 
section 305 Public Involvement to the WAC provisions it replaces for 
actions taken by NWCAA: WAC 173-400-171 Public Notice and Opportunity 
for Public Comment and WAC 173-400-175 Public Information. Although 
organized differently, the requirements of section 305 are 
substantively the same as the SIP-approved WAC provisions. This 
includes NWCAA's incorporation of the e-notice and e-access provisions 
promulgated by the EPA on October 18, 2016 (81 FR 71613).
    The docket also contains a review of NWCAA's revised registration 
program. Since the last SIP approval, NWCAA changed the registration 
program from an exemption-based approach to a source category approach 
similar to WAC 173-400-100. We note that Ecology chose to remove WAC 
173-400-100 from the SIP, because it did not impose air pollution 
control requirements on sources or implement or enforce Federal 
standards. See the discussion in our proposal, 79 FR 39351, at page 
39354 (July 10, 2014). However, NWCAA is retaining the registration 
program in the SIP because it implements certain requirements such as 
emissions reporting.
    Section 303 Work Done Without an Approval replaces the section 303 
Notice of Completion--Notice of Violation previously approved into the 
SIP. This provision is an enforcement mechanism to address facilities 
that construct a new source or modify an existing source without a 
final order of approval from NWCAA. Because section 303 is an 
enforcement authority, NWCAA and Ecology requested that this provision 
be moved to the approved, but not incorporated by reference section of 
the SIP. The EPA is proposing to approve this request.
    The EPA is also proposing to approve and incorporate by reference 
sections 300, 305, 320, and 321, with certain exceptions. As described 
in the supporting documents for this proposed action, NWCAA and Ecology 
did not submit subsections 300.8(C), 300.25, 320.3, and 321.3 because 
they are either not required SIP elements or not appropriate for SIP 
approval. We also note, NWCAA and Ecology did not submit, and the EPA 
is not proposing to approve, any provisions related to the regulation 
of Toxic Air Pollutants consistent with our action on Chapter 173-400 
WAC. See the discussion in our proposed approval, 79 FR 39351, 39356 
(July 10, 2014).

D. Standards

    Sections 400 through 424 of the current NWCAA SIP are outdated 
ambient air quality standards, adopted in 1993. NWCAA and Ecology 
requested removal of these outdated standards to rely on the statewide 
Chapter 173-476 WAC Ambient Air Quality Standards already applicable in 
NWCAA's jurisdiction. We most recently updated Chapter 173-476 WAC in 
the SIP on October 6, 2016 (81 FR 69386). A review of the outdated and 
subsequently repealed NWCAA standards, the changes to the Federal 
standards, and the incorporation of all current Federal standards into 
Chapter 173-476 WAC is included in the docket for this action. The EPA 
is proposing to approve NWCAA and Ecology's request to remove the 
outdated NWCAA standards contained in sections 400 through 424.

III. Application of WAC 173-400-020

    As previously discussed, a local clean air agency generally has the 
authority under WAC 173-400-020 to establish local regulations to 
supplement, or act in lieu of, the statewide Chapter 173-400 WAC 
provisions for sources within its jurisdiction. This approach is 
consistent with our previous SIP actions for Benton Clean Air Agency 
(80 FR 71695, November 17, 2015) and Southwest Clean Air Agency (82 FR 
17136, April 10, 2017). As discussed above and in the supporting 
documents for this action, NWCAA and Ecology requested that the EPA 
approve and incorporate by reference: section 102

[[Page 16602]]

Policy to replace WAC 173-400-010; section 200 Definitions to replace 
WAC 173-400-030 (except for terms not defined in section 200); section 
300 New Source Review to replace WAC 173-400-036, 173-400-110, 173-400-
111, 173-400-113, and 173-400-560 (except certain subsections described 
above related to nonattainment areas or the associated visibility 
permitting for facilities subject to major stationary source NNSR); and 
section 305 Public Involvement to replace WAC 173-400-171 and WAC 173-
400-175 for actions under NWCAA's jurisdiction.
    As part of the February 6, 2020, submittal, NWCAA and Ecology also 
identified Chapter 173-400 WAC provisions that do not have a direct 
corollary in the NWCAA regulations. For these provisions NWCAA and 
Ecology requested that the EPA update these Chapter 173-400 WAC 
citations to the most recently EPA-approved version of those sections. 
The EPA is proposing to approve this request.

IV. The EPA's Proposed Action

A. Regulations To Approve and Incorporate by Reference Into the SIP

    The EPA is proposing to approve and incorporate by reference into 
the Washington SIP at 40 CFR 52.2470(c), Table 5--Additional 
Regulations Approved for the Northwest Clean Air Agency (NWCAA) 
Jurisdiction, the NWCAA and Ecology regulations listed in Tables 1 and 
2 for sources under NWCAA's jurisdiction.

  Table 1--Northwest Clean Air Agency (NWCAA) Regulations for Proposed
                 Approval and Incorporation by Reference
------------------------------------------------------------------------
                                           State/local
State/local  citation    Title/subject   effective date    Explanation
------------------------------------------------------------------------
100..................  Name of Agency..        08/21/05  ...............
101..................  Short Title.....        08/21/05  ...............
102..................  Policy..........        08/21/05  Except
                                                          provisions
                                                          outside the
                                                          scope of CAA
                                                          section 110.
                                                          Replaces WAC
                                                          173-400-010.
200..................  Definitions.....        05/12/19  Except the
                                                          definitions
                                                          Toxic Air
                                                          Pollutant,
                                                          Odor, and Odor
                                                          Source.
                                                          Generally
                                                          replaces WAC
                                                          173-400-030.
                                                          However, for
                                                          definitions
                                                          not included
                                                          in section
                                                          200, the WAC
                                                          173-400-030
                                                          definitions in
                                                          the table
                                                          below shall
                                                          apply.
300..................  New Source              05/12/19  Except
                        Review.                           subsections
                                                          300.8(C),
                                                          300.25, or any
                                                          provisions
                                                          related to the
                                                          regulation of
                                                          Toxic Air
                                                          Pollutants.
                                                          Replaces WAC
                                                          173-400-036,
                                                          173-400-110,
                                                          173-400-111,
                                                          173-400-113,
                                                          and 173-400-
                                                          560, except
                                                          certain
                                                          subsections of
                                                          WAC 173-400-
                                                          111 and 173-
                                                          400-113 listed
                                                          in the table
                                                          below.
305..................  Public                  05/12/19  Except
                        Involvement.                      provisions
                                                          related to the
                                                          regulation of
                                                          Toxic Air
                                                          Pollutants.
                                                          Replaces WAC
                                                          173-400-171
                                                          and WAC 173-
                                                          400-175,
                                                          except
                                                          subsection 173-
                                                          400-171(6)(b).
320..................  Registration             5/12/19  Except
                        Program.                          subsection
                                                          320.3 and
                                                          provisions
                                                          related to the
                                                          regulation of
                                                          Toxic Air
                                                          Pollutants or
                                                          odor.
321..................  Exemptions from          5/12/19  Except
                        Registration.                     subsection
                                                          321.3.
------------------------------------------------------------------------

    Table 2 shows the updated Chapter 173-400 WAC provisions, or 
subsections, that NWCAA and Ecology requested apply to the SIP for 
NWCAA's jurisdiction. We note that many of the exclusions listed below 
are identical to the exclusions for Ecology's direct jurisdiction. We 
also note that NWCAA and Ecology did not submit updates to all the 
Chapter 173-400 WAC provisions. For these remaining provisions we will 
retain our prior approval of the WAC (60 FR 28726, June 2, 1995).

   Table 2--Washington 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
------------------------------------------------------------------------
173-400-020..........  Applicability...        12/29/12  ...............
173-400-025..........  Adoption of              9/16/18  Only as it
                        Federal Rules.                    applies to
                                                          cross
                                                          references in
                                                          the WAC.
173-400-030..........  Definitions.....         9/16/18  Except: 173-400-
                                                          030(6); 173-
                                                          400-030(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(10
                                                          0); 173-400-
                                                          030(103); 173-
                                                          400-030(104);
                                                          or any
                                                          definition
                                                          included in
                                                          NWCAA section
                                                          200.
173-400-050..........  Emission                 9/16/18  Except: 173-400-
                        Standards for                     050(2); 173-
                        Combustion and                    400-050(4);
                        Incineration                      173-400-050(5)
                        Units.                            ; 173-400-
                                                          050(6).
173-400-060..........  Emission                11/25/18  ...............
                        Standards for
                        General Process
                        Units.
173-400-091..........  Voluntary Limits          4/1/11  9/20/93 version
                        on Emissions.                     continues to
                                                          be approved
                                                          under the
                                                          authority of
                                                          CAA Section
                                                          112(l) with
                                                          respect to
                                                          Section 112
                                                          hazardous air
                                                          pollutants.
                                                          See 60 FR
                                                          28726 (June 2,
                                                          1995).

[[Page 16603]]

 
173-400-111..........  Processing                7/1/16  Only
                        Notice of                         subsections
                        Construction                      (1)(c),
                        Applications                      (1)(d),
                        for Sources,                      (5)(b), and
                        Stationary                        (7)(b),
                        Sources and                       otherwise
                        Portable                          NWCAA section
                        Sources.                          300 applies.
173-400-112..........  Requirements for        12/29/12  The cross
                        New Sources in                    reference to
                        Nonattainment                     WAC 173-400-
                        Areas--Review                     113(3) is
                        for Compliance                    interpreted to
                        with                              be NWCAA
                        Regulations.                      section
                                                          300.9(B)(3).
173-400-113..........  New Sources in          12/29/12  Only subsection
                        Attainment or                     (4), otherwise
                        Unclassifiable                    NWCAA section
                        Areas--Review                     300 applies.
                        for Compliance
                        with
                        Regulations.
173-400-117..........  Special                 12/29/12  ...............
                        Protection
                        Requirements
                        for Federal
                        Class I Areas.
173-400-118..........  Designation of          12/29/12  ...............
                        Class I, II,
                        and III Areas.
173-400-131..........  Issuance of               4/1/11  ...............
                        Emission
                        Reduction
                        Credits.
173-400-136..........  Use of Emission           4/1/11  ...............
                        Reduction
                        Credits (ERC).
173-400-151..........  Retrofit                 2/10/05  ...............
                        Requirements
                        for Visibility
                        Protection.
173-400-171..........  Public Notice            9/16/18  Only subsection
                        and Opportunity                   (6)(b),
                        for Public                        otherwise
                        Comment.                          NWCAA section
                                                          305 applies.
173-400-200..........  Creditable Stack         2/10/05  ...............
                        Height and
                        Dispersion
                        Techniques.
173-400-800..........  Major Stationary          4/1/11  EPA did not
                        Source and                        review WAC 173-
                        Major                             400-800
                        Modification in                   through 860
                        a Nonattainment                   for
                        Area.                             consistency
                                                          with the
                                                          August 24,
                                                          2016 PM2.5
                                                          implementation
                                                          rule (81 FR
                                                          58010); nor
                                                          does NWCAA
                                                          have an
                                                          obligation to
                                                          submit rule
                                                          revisions to
                                                          address the
                                                          2016 PM2.5
                                                          implementation
                                                          rule at this
                                                          time.
173-400-810..........  Major Stationary          7/1/16  ...............
                        Source and
                        Major
                        Modification
                        Definitions.
173-400-820..........  Determining if a        12/29/12  ...............
                        New Stationary
                        Source or
                        Modification to
                        a Stationary
                        Source is
                        Subject to
                        these
                        Requirements.
173-400-830..........  Permitting                7/1/16  ...............
                        Requirements.
173-400-840..........  Emission Offset           7/1/16  ...............
                        Requirements.
173-400-850..........  Actual Emissions          7/1/16  ...............
                        Plantwide
                        Applicability
                        Limitation
                        (PAL).
173-400-860..........  Public                    4/1/11  ...............
                        Involvement
                        Procedures.
------------------------------------------------------------------------

B. Approved But Not Incorporated by Reference Regulations

    As discussed above, we are proposing to approve the following 
updates to NWCAA's general provisions for inclusion in 40 CFR 
52.2470(e), Table 1--Approved but Not Incorporated by Reference 
Regulations: 103 Duties and Powers, 105 Separability, 110 Investigation 
and Studies, 111 Interference or Obstruction, 112 False and Misleading 
Oral Statement: Unlawful Reproduction or Alteration of Documents, 113 
Service of Notice, 114 Confidential Information, 120 Hearings, 123 
Appeal of Orders, 124 Display of Orders, Certificates and Other 
Notices: Removal or Mutilation Prohibited, 131 Notice to Violators, 132 
Criminal Penalty, 133 Civil Penalty, 134 Restraining Orders--
Injunction, 135 Assurance of Discontinuance, and 303 Work Done Without 
an Approval.

C. Regulations To Remove From the SIP

    NWCAA and Ecology's February 6, 2020, submittal included a request 
to remove several obsolete provisions from the SIP and to remove other 
provisions that are not required SIP elements under CAA section 110. As 
discussed in the supporting analysis included in the docket for this 
action, NWCAA and Ecology requested removal of the following general 
provision sections previously approved into the SIP in 1995: 104 
Adoption of State and Federal Laws and Rules (not a required SIP 
element), 106 Public Records (replaced by section 305.7), 122 Appeals 
from Orders or Violations (consolidated into section 123), 130 
Citations--Notices (consolidated into section 131), 140 Reporting by 
Government Agencies (subsumed by the new source review requirements), 
and 145 Motor Vehicle Owner Responsibility (not a required SIP 
element). As noted in the control procedures discussion, the former 
SIP-approved sections 301 and 302 were consolidated into Section 300 
New Source Review and former sections 310, 322, and 323 were 
consolidated into the registration program in sections 320 and 321. We 
are proposing to approve NWCAA and Ecology's request to remove these 
outdated provisions from the SIP and to remove the outdated ambient air 
quality standards in sections 400 through 424, in order to rely on the 
current, statewide standards in Chapter 173-476 WAC. Lastly, we are 
proposing to remove from the SIP any formerly approved WAC provisions 
which are replaced by local agency corollaries discussed above for 
facilities or actions subject to NWCAA's jurisdiction.

D. Scope of Proposed Action

    This proposed revision to the SIP applies specifically to the NWCAA 
jurisdiction incorporated into the SIP at 40 CFR 52.2470(c)--Table 5. 
As discussed in our October 3, 2014 action, local air agency 
jurisdiction in Washington is generally defined on a geographic basis; 
however, there are exceptions (79 FR 59653, at page 59654). By statute, 
NWCAA does not have authority for sources under the jurisdiction of 
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, NWCAA 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 and EFSEC also 
retain statewide, direct jurisdiction for issuing PSD permits. 
Therefore, the EPA is not approving into 40 CFR 52.2470(c)--

[[Page 16604]]

Table 5 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 173-400-750, which the EPA has already approved as 
applying state-wide under 40 CFR 52.2470(c)--Tables 2 and 3.
    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 that may someday be subject to major 
NNSR under the applicability provisions of WAC 173-400-800, we are 
proposing that NWCAA would be responsible for implementing those parts 
of WAC 173-400-117 as they relate to major NNSR 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 NNSR program in NWCAA's jurisdiction.
    Lastly, this SIP revision is not approved to apply on any Indian 
reservation land within Island, Skagit, or Whatcom counties 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).

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule 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 
IV.A. Regulations to Approve and Incorporate by Reference into the SIP 
and the rules proposed for removal from the SIP in section IV.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 at the EPA Region 10 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
action merely proposes to approve 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 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).
    As discussed above, the SIP is not approved to apply on any Indian 
reservation land in Island, Skagit, or Whatcom counties, or any other 
area where the EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction as described in section IV.D above. 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).

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: March 5, 2020.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-05911 Filed 3-23-20; 8:45 am]
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