[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Rules and Regulations]
[Pages 67097-67102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21267]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2023-0342: FRL-11155-02-R10]


Air Plan Approval; Washington; Southwest Clean Air Agency, 
General Air Quality 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 on June 22, 2023, by the Department of Ecology in 
coordination with the Southwest Clean Air Agency (SWCAA). In 2017, the 
EPA approved a comprehensive update to SWCAA 400 General Regulations 
for Air Pollution Sources in the SIP, which includes new source review 
permitting requirements as well as other general requirements for 
sources regulated under SWCAA's jurisdiction. In this action, the EPA 
is approving minor updates to SWCAA 400 promulgated since our 
comprehensive approval in 2017.

DATES: This final rule is effective October 30, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID

[[Page 67098]]

No. EPA-R10-OAR-2023-0342. 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'' or 
``our'' is used, it means the EPA.

I. Background

    On June 22, 2023, Washington submitted a SIP revision to the EPA. 
In the submission, Southwest Clean Air Agency (SWCAA) made minor 
revisions to the general air quality regulations and requested, in 
coordination with the Washington Department of Ecology, to update the 
federally approved SIP. On July 31, 2023, we proposed to approve the 
submission (88 FR 49398). The reasons for our proposed approval are 
included in the proposal and will not be restated here. The public 
comment period closed on August 30, 2023. We received no comments on 
our proposed action and therefore we are finalizing our action as 
proposed.

II. Final Action

    The EPA is approving and incorporating by reference the regulatory 
changes to SWCAA 400 General Regulations for Air Pollution Sources 
submitted by Washington on June 22, 2023.\1\ The EPA is also approving 
a minor, non-substantive change to the Code of Federal Regulations 
(CFR) at 40 CFR 52.2470(c)--Table 8 under the applicability subheading 
to more clearly reflect jurisdiction for issuing permits under the 
Prevention of Significant Deterioration (PSD) program. Upon the 
effective date of this action, the Washington SIP will include the 
following regulations as they apply in the SWCAA local jurisdiction:
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    \1\ On June 22, 2023, Washington also submitted a separate SIP 
revision titled ``Startup, Shutdown, and Malfunction (SSM) 
Provisions in Southwest Clean Air Agency 400 General Regulations for 
Air Pollution Sources'' which is outside the scope of this action.
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     400-025 Adoption of Federal Rules (adopting Federal 
regulations cited in the local agency rules) state effective September 
10, 2021;
     400-030 Definitions (establishing definitions used in the 
local agency rules) state effective September 10, 2021;
     400-036 Portable Sources From Other Washington 
Jurisdictions (outlining requirements for portable sources locating 
within the local jurisdiction) state effective September 10, 2021;
     400-050 Emission Standards for Combustion and Incineration 
Units (establishing emissions standards for sources within the local 
jurisdiction) state effective September 10, 2021;
     400-060 Emission Standards for General Process Units 
(establishing particulate matter emissions standards) state effective 
March 21, 2020;
     400-072 Small Unit Notification for Selected Source 
Categories (establishing uniform standards for certain small source 
categories) state effective September 10, 2021;
     400-074 Gasoline Transport Tanker Registration 
(establishing standards for gasoline transport tankers) state effective 
June 18, 2017;
     400-091 Voluntary Limits on Emissions (allowing stationary 
sources to take a voluntary reduction in potential to emit) state 
effective September 10, 2021;
     400-105 Records, Monitoring and Reporting (establishing 
compliance requirements on stationary sources) state effective 
September 10, 2021;
     400-106 Emission Testing and Monitoring at Air Contaminant 
Sources (establishing emissions testing standards for sources and 
emissions units) state effective September 10, 2021;
     400-109 Air Discharge Permit Applications (establishing 
permit processes for new sources in the local jurisdiction) state 
effective September 10, 2021;
     400-110 Application Review Process for Stationary Sources 
(New Source Review) (establishing agency review standards for air 
permit applications) state effective September 10, 2021;
     400-111 Requirements for New Sources in a Maintenance Plan 
Area (establishing specific permit requirements within a former 
nonattainment area) state effective September 10, 2021;
     400-112 Requirements for New Sources in Nonattainment 
Areas (establishing permit requirements for current nonattainment 
areas) state effective September 10, 2021;
     400-113 Requirements for New Sources in Attainment or 
Nonclassifiable Areas (establishing permit requirements in areas that 
have not been designated as nonattainment for criteria pollutants) 
state effective September 10, 2021;
     400-114 Requirements for Replacement or Substantial 
Alteration of Emission Control Technology at an Existing Stationary 
Source (establishing permit requirements for modification of emissions 
controls at existing facilities) state effective September 10, 2021;
     400-136 Maintenance of Emission Reduction Credits in Bank 
(supporting an emissions reduction trading program) state effective 
September 10, 2021;
     400-151 Retrofit Requirements for Visibility Protection 
(establishing requirements to minimize regional haze) state effective 
September 10, 2021;
     400-171 Public Involvement (establishing public notice and 
other requirements for agency actions) state effective September 10, 
2021;
     400-260 Conflict of Interest (requires SWCAA board members 
to comply with Clean Air Act section 128) state effective September 10, 
2021;
     400-810 Major Stationary Source and Major Modification 
Definitions (establishing specific definitions for permitting 
requirements at major sources located in a nonattainment area) state 
effective September 10, 2021;
     400-850 Actual Emissions--Plantwide Applicability 
Limitation (PAL) (adopting the Federal Emission Offset Ruling) state 
effective March 21, 2020;
     Appendix A SWCAA Method 9 Visual Opacity Determination 
Method (establishing test methods for opacity compliance) state 
effective March 21, 2020.
    In addition to the regulations approved and incorporated by 
reference above, 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 so as to 
avoid potential conflict with the EPA's independent authorities. We are 
therefore approving the submitted revisions, effective September 10, 
2021, to sections 400-230, 400-240, 400-270, and 400-280 in 40 CFR 
52.2470(e), EPA Approved Nonregulatory Provisions and Quasi-Regulatory 
Measures.

[[Page 67099]]

III. Incorporation by Reference

    In this document, 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 of the 
Southwest Clean Air Agency regulatory provisions described in section 
II of this preamble and set forth in the amendments to 40 CFR part 52 
in this document. 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 Clean Air Act as of the effective date of the final rule 
of the EPA's approval, and will be incorporated by reference in the 
next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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 application of those requirements would be inconsistent 
with the Clean Air Act.
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The Southwest Clean Air Agency and the Washington Department of 
Ecology did not evaluate environmental justice considerations as part 
of its SIP submittal; the Clean Air Act and applicable implementing 
regulations neither prohibit nor require such an evaluation. The EPA 
did not perform an EJ analysis and did not consider EJ in this action. 
Due to the nature of the action being taken here, this action is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of Executive Order 12898 of achieving environmental justice 
for people of color, low-income populations, and Indigenous peoples.
    In addition, 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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 28, 2023. 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.

    Dated: September 22, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart WW--Washington

0
2. Amend Sec.  52.2470 as follows:
0
a. In paragraph (c), table 8 by:
0
i. Revising the table heading;
0
ii. Under the heading ``SWCAA 400--General Regulations for Air 
Pollution Sources'':
0
A. Adding an entry for ``400-025'' in numerical order;
0
B. Revising the entries for ``400-030'', ``400-036'', ``400-050'', 
``400-060'', ``400-072'';

[[Page 67100]]

0
C. Adding an entry for ``400-072(5)(b)'' in numerical order;
0
D. Revising the entries for ``400-074'', ``400-091'', ``400-105'', 
``400-106'', ``400-109'', ``400-110'', ``400-111'', ``400-112'', ``400-
113'', ``400-114'', ``400-136'', ``400-151'', ``400-171'';
0
E. Adding an entry for ``400-260'' in numerical order; and
0
F. Revising the entries ``400-810'', ``400-850'' and ``Appendix A''; 
and
0
b. In paragraph (e), table 1, under the heading ``Southwest Clean Air 
Agency Regulations'' by:
0
i. Revising the entries for ``400-230'' and ``400-240'';
0
ii. Removing the entry for ``400-260''; and
0
iii. Revising the entries for ``400-270'', and ``400-280''.
    The revisions and additions read as follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

        Table 8--Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction
  [Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy
   Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the Washington Department of
Ecology's direct jurisdiction under Chapters 173-405, 173-410, and 173-415 Washington Administrative Code (WAC);
     Indian reservations; any other area where the EPA or an Indian tribe has demonstrated that a tribe has
   jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the
                                   applicability sections of WAC 173-400-700.]
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                                                        State/local
     State/local citation          Title/subject         effective     EPA  approval date       Explanations
                                                           date
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                                     Southwest Clean Air Agency Regulations
                            SWCAA 400--General Regulations for Air Pollution Sources
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                                                  * * * * * * *
400-025......................  Adoption of Federal           9/10/21  9/29/23, [INSERT
                                Rules.                                 FEDERAL REGISTER
                                                                       CITATION].
400-030......................  Definitions..........         9/10/21  9/29/23, [INSERT      Except: 400-030(21)
                                                                       FEDERAL REGISTER      and (130).
                                                                       CITATION].
400-036......................  Portable Sources from         9/10/21  9/29/23, [INSERT
                                Other Washington                       FEDERAL REGISTER
                                Jurisdictions.                         CITATION].
 
                                                  * * * * * * *
400-050......................  Emission Standards            9/10/21  9/29/23, [INSERT      Except: 400-050(3);
                                for Combustion and                     FEDERAL REGISTER      400-050(5); 400-
                                Incineration Units.                    CITATION].            050(6); and 400-
                                                                                             050(7).
400-060......................  Emission Standards            3/21/20  9/29/23, [INSERT
                                for General Process                    FEDERAL REGISTER
                                Units.                                 CITATION].
 
                                                  * * * * * * *
400-072......................  Small Unit                    9/10/21  9/29/23, [INSERT      Except: 400-
                                Notification for                       FEDERAL REGISTER      072(5)(a)(ii)(B);
                                Selected Source                        CITATION].            400-072(5)(d)(ii)(B
                                Categories.                                                  ); 400-
                                                                                             072(5)(d)(iii)(A);
                                                                                             400-072(5)(d)(iii)(
                                                                                             B); all reporting
                                                                                             requirements
                                                                                             related to toxic
                                                                                             air pollutants; and
                                                                                             400-072(5)(b),
                                                                                             which EPA
                                                                                             previously approved
                                                                                             with a state-
                                                                                             effective date of
                                                                                             October 9, 2016.
400-072 (5)(b)...............  Small Unit                    10/9/16  04/10/17, 82 FR
                                Notification for                       17136.
                                Selected Source
                                Categories.
400-074......................  Gasoline Transport            6/18/17  9/29/23, [INSERT      Except: 400-074(2).
                                Tanker Registration.                   FEDERAL REGISTER
                                                                       CITATION].
 
                                                  * * * * * * *
400-091......................  Voluntary Limits on           9/10/21  9/29/23, [INSERT
                                Emissions.                             FEDERAL REGISTER
                                                                       CITATION].
400-105......................  Records, Monitoring           9/10/21  9/29/23, [INSERT      Except: reporting
                                and Reporting.                         FEDERAL REGISTER      requirements
                                                                       CITATION].            related to toxic
                                                                                             air pollutants.
400-106......................  Emission Testing and          9/10/21  9/29/23, [INSERT      Except: 400-
                                Monitoring at Air                      FEDERAL REGISTER      106(1)(d) through
                                Contaminant Sources.                   CITATION].            (g); and 400-
                                                                                             106(2).
 
                                                  * * * * * * *
400-109......................  Air Discharge Permit          9/10/21  9/29/23, [INSERT      Except: The toxic
                                Applications.                          FEDERAL REGISTER      air pollutant
                                                                       CITATION].            emissions
                                                                                             thresholds
                                                                                             contained in 400-
                                                                                             109(3)(d); 400-
                                                                                             109(3)(e)(ii); and
                                                                                             400-109(4).
400-110......................  Application Review            9/10/21  9/29/23, [INSERT      Except: 400-
                                Process for                            FEDERAL REGISTER      110(1)(d).
                                Stationary Sources                     CITATION].
                                (New Source Review).
400-111......................  Requirements for New          9/10/21  9/29/23, [INSERT      Except: 400-111(7).
                                Sources in a                           FEDERAL REGISTER
                                Maintenance Plan                       CITATION].
                                Area.

[[Page 67101]]

 
400-112......................  Requirements for New          9/10/21  9/29/23, [INSERT      Except: 400-112(6).
                                Sources in                             FEDERAL REGISTER
                                Nonattainment Areas.                   CITATION].
400-113......................  Requirements for New          9/10/21  9/29/23, [INSERT      Except: 400-113(5).
                                Sources in                             FEDERAL REGISTER
                                Attainment or                          CITATION].
                                Nonclassifiable
                                Areas.
400-114......................  Requirements for              9/10/21  9/29/23, [INSERT
                                Replacement or                         FEDERAL REGISTER
                                Substantial                            CITATION].
                                Alteration of
                                Emission Control
                                Technology at an
                                Existing Stationary
                                Source.
 
                                                  * * * * * * *
400-136......................  Maintenance of                9/10/21  9/29/23, [INSERT
                                Emission Reduction                     FEDERAL REGISTER
                                Credits in Bank.                       CITATION].
400-151......................  Retrofit Requirements         9/10/21  9/29/23, [INSERT
                                for Visibility                         FEDERAL REGISTER
                                Protection.                            CITATION].
 
                                                  * * * * * * *
400-171......................  Public Involvement...         9/10/21  9/29/23, [INSERT      Except: 400-
                                                                       FEDERAL REGISTER      171(2)(a)(xii).
                                                                       CITATION].
 
                                                  * * * * * * *
400-260......................  Conflict of Interest.         9/10/21  9/29/23, [INSERT
                                                                       FEDERAL REGISTER
                                                                       CITATION].
 
                                                  * * * * * * *
400-810......................  Major Stationary              9/10/21  9/29/23, [INSERT
                                Source and Major                       FEDERAL REGISTER
                                Modification                           CITATION].
                                Definitions.
 
                                                  * * * * * * *
400-850......................  Actual Emissions--            3/21/20  9/29/23, [INSERT
                                Plantwide                              FEDERAL REGISTER
                                Applicability                          CITATION].
                                Limitation (PAL).
 
                                                  * * * * * * *
Appendix A...................  SWCAA Method 9 Visual         3/21/20  9/29/23, [INSERT
                                Opacity                                FEDERAL REGISTER
                                Determination Method.                  CITATION].
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                         Table 1--Approved but Not Incorporated by Reference Regulations
----------------------------------------------------------------------------------------------------------------
                                                  State/local
   State/local citation        Title/subject       effective    EPA  approval date          Explanations
                                                     date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Southwest Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
400-230...................  Regulatory Actions         9/10/21  9/29/23, [INSERT
                             and Civil                           FEDERAL REGISTER
                             Penalties.                          CITATION].
400-240...................  Criminal Penalties         9/10/21  9/29/23, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].

[[Page 67102]]

 
 
                                                  * * * * * * *
400-270...................  Confidentiality of         9/10/21  9/29/23, [INSERT
                             Records and                         FEDERAL REGISTER
                             Information.                        CITATION].
400-280...................  Powers of Agency..         9/10/21  9/29/23, [INSERT
                                                                 FEDERAL REGISTER
                                                                 CITATION].
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2023-21267 Filed 9-28-23; 8:45 am]
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