[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
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State/local
State/local citation Title/subject effective date Explanation
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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.
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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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