Approval and Promulgation of Implementation Plans; Washington: General Regulations for Air Pollution Sources, 66823-66826 [2016-23298]
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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
§ 111.4
[Amended]
rule and the parallel proposed rule, we
will not institute a second comment
period on this action.
3. Amend § 111.4 by removing ‘‘July
31, 2012’’ and adding ‘‘September 29,
2016’’.
■
Dated: September 20, 2016.
Janet G. McCabe,
Acting Assistant Administrator, Office of Air
and Radiation.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016–23335 Filed 9–28–16; 8:45 am]
[FR Doc. 2016–23304 Filed 9–28–16; 8:45 am]
BILLING CODE 7710–12–P
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 50
40 CFR Part 52
[EPA–HQ–OAR–2016–0408; FRL–9953–20–
OAR]
[EPA–R10–OAR–2016–0493: FRL–9953–04–
Region 10]
RIN 2060–AS89
Approval and Promulgation of
Implementation Plans; Washington:
General Regulations for Air Pollution
Sources
Technical Correction to the National
Ambient Air Quality Standards for
Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Because the Environmental
Protection Agency (EPA) received
adverse comment, we are withdrawing
the direct final rule titled, ‘‘Technical
Correction to the National Ambient Air
Quality Standards for Particulate
Matter,’’ published on August 11, 2016.
DATES: Effective September 29, 2016, the
EPA withdraws the direct final rule
published at 81 FR 53006 on August 11,
2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Brett Gantt, Air Quality Assessment
Division, Office of Air Quality Planning
and Standards (Mail Code: C304–04),
Environmental Protection Agency, 109
T.W. Alexander Drive, Research
Triangle Park, NC 27711, telephone
number: 919–541–5274; fax number:
919–541–3613; email address:
gantt.brett@epa.gov.
SUMMARY:
Because
the EPA received adverse comment, we
are withdrawing the direct final rule
titled, ‘‘Technical Correction to the
National Ambient Air Quality Standards
for Particulate Matter,’’ published on
August 11, 2016 (81 FR 53006). We
stated in that direct final rule that if we
received adverse comment by
September 12, 2016, the direct final rule
would not take effect and we would
publish a timely withdrawal in the
Federal Register. We subsequently
received adverse comment on that direct
final rule. We will address those
comments in a final action, which will
be based on the parallel proposed rule
also published on August 11, 2016 (81
FR 53097). As stated in the direct final
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SUPPLEMENTARY INFORMATION:
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Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
In reviewing past State
Implementation Plan (SIP) actions, the
Washington Department of Ecology
(Ecology) and the Environmental
Protection Agency (EPA) discovered
minor typographical errors related to the
EPA’s previous approvals of Chapter
173–400 Washington Administrative
Code, General Regulations for Air
Pollution Sources. The EPA is taking
direct final action to correct these errors.
This direct final action makes no
substantive changes to the SIP and
imposes no new requirements.
DATES: This rule is effective on
November 28, 2016, without further
notice, unless the EPA receives adverse
comment by October 31, 2016. If the
EPA receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2016–0493 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
SUMMARY:
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66823
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://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, Air Planning Unit, Office of Air
and Waste (OAW–150), Environmental
Protection Agency, Region 10, 1200
Sixth Ave, Suite 900, Seattle, WA
98101; telephone number: (206) 553–
0256; email address: hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
I. Introduction
In final actions published October 3,
2014 (79 FR 59653) and April 29, 2015
(80 FR 23721), the EPA approved
Washington Administrative Code
(WAC) 173–400–110 New Source
Review (NSR) for Sources and Portable
Sources and WAC 173–400–112
Requirements for New Sources in
Nonattainment Areas—Review for
Compliance with Regulations with
certain exceptions. One of the listed
exceptions was ‘‘the part of 400–
110(4)(e)(f)(i)’’ related to toxic air
pollutants. The EPA notes that ‘‘400–
110(4)(e)(f)(i)’’ does not exist under
Chapter 173–400 WAC. The correct
citation is ‘‘400–110(4)(f)(i).’’ Similarly,
both final approvals contained
regulatory text under 40 CFR part
52.2470(c) which listed an exception for
WAC 173–400–112(8). WAC 173–400–
112(8) does not exist in the version of
Chapter 173–400 WAC adopted by
Ecology on November 28, 2012, which
the EPA reviewed and approved. This
exception, related to toxic air pollutants,
was a holdover from a previous
approval action (60 FR 28726, June 2,
1995). This exception was inadvertently
copied as part of 40 CFR 52.2470(c)
Table 2—Additional Regulations
Approved for Washington Department
of Ecology (Ecology) Direct Jurisdiction.
Both typographical errors were also
inadvertently copied in the regulatory
text of a November 17, 2015 final
approval for the Benton Clean Air
Agency, under 40 CFR 52.2470(c) Table
4—Additional Regulations Approved for
the Benton Clean Air Agency (BCAA)
Jurisdiction, which generally relies on
the regulations contained in Chapter
173–400 WAC (80 FR 71695).
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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
II. Final Action
The EPA has determined that the
typographical errors referenced above
should be corrected at this time. The
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial action
and anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of this Federal Register, the EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on
November 28, 2016 without further
notice unless the EPA receives adverse
comment by October 31, 2016. If the
EPA receives adverse comment, the EPA
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. The
EPA will address all public comments
in a subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
this action. Any parties interested in
commenting must do so at this time.
Please note that if the EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, the EPA may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment.
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III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is correcting minor
typographical errors related to the
incorporation by reference contained in
40 CFR 52.2470(c) Table 2—Additional
Regulations Approved for Washington
Department of Ecology (Ecology) Direct
Jurisdiction and Table 4—Additional
Regulations Approved for the Benton
Clean Air Agency (BCAA) Jurisdiction.
These materials have been approved by
the EPA for inclusion in the SIP, have
been incorporated by reference by EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference by
the Director of the Federal Register in
the next update to the SIP compilation.1
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 10 Office
(please contact the person identified in
the ‘‘For Further Information Contact’’
1 62
FR 27968 (May 22, 1997).
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section of this preamble for more
information).
IV. Statutory and Executive Orders
Review
Under the Clean Air Act, 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 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 13563 (76 FR 3821,
January 21, 2011);
• 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
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land in
Washington except as specifically noted
below and is also not approved to apply
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in any other area where the EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Washington’s SIP is approved to apply
on non-trust land within the exterior
boundaries of the Puyallup Indian
Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe
of Indians Settlement Act of 1989, 25
U.S.C. 1773, Congress explicitly
provided state and local agencies in
Washington authority over activities on
non-trust lands within the 1873 Survey
Area.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the 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,
2016. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of this Federal Register, rather
than file an immediate petition for
judicial review of this direct final rule,
so that the EPA can withdraw this direct
final rule and address the comment in
the proposed rulemaking. This action
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting, and
Recordkeeping requirements.
Dated: September 14, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
of Ecology (Ecology) Direct Jurisdiction,
revising entries 173–400–110 and 173–
400–112; and
■ b. In Table 4—Additional Regulations
Approved for the Benton Clean Air
Agency (BCAA) Jurisdiction, revising
entries 173–400–110 and 173–400–112.
The revisions read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. In § 52.2470, amend paragraph (c)
by:
■ a. In Table 2—Additional Regulations
Approved for Washington Department
■
For the reasons stated above, 40 CFR
part 52 is amended as follows:
§ 52.2470
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT
JURISDICTION
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for facilities
subject to the applicability sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012]
State citation
State effective
date
Title/subject
EPA approval date
Explanations
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
*
*
New Source Review
(NSR) for Sources
and Portable Sources.
*
173–400–112 .............
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*
173–400–110 .............
*
*
Requirements for New
Sources in Nonattainment Areas—Review
for Compliance with
Regulations.
*
*
*
*
*
VerDate Sep<11>2014
*
12/29/12
*
*
9/29/16 [Insert Federal
Register citation].
12/29/12
*
*
9/29/16 [Insert Federal
Register citation].
*
*
*
*
Except: 173–400–110(1)(c)(ii)(C); 173–400–
110(1)(e); 173–400–110(2)(d); The part of
WAC 173–400–110(4)(b)(vi) that says,
• ‘‘not for use with materials containing toxic air
pollutants, as listed in chapter 173–460
WAC,’’;
The part of 400–110(4)(e)(iii) that says,
• ‘‘where toxic air pollutants as defined in chapter 173–460 WAC are not emitted’’;
The part of 400–110(4)(f)(i) that says,
• ‘‘that are not toxic air pollutants listed in chapter 173–460 WAC’’;
The part of 400–110(4)(h)(xviii) that says,
• ‘‘, to the extent that toxic air pollutant gases as
defined in chapter 173–460 WAC are not emitted’’;
The part of 400–110(4)(h)(xxxiii) that says,
• ‘‘where no toxic air pollutants as listed under
chapter 173–460 WAC are emitted’’;
The part of 400–110(4)(h)(xxxiv) that says,
• ‘‘, or ≤1% (by weight) toxic air pollutants as
listed in chapter 173–460 WAC’’;
The part of 400–110(4)(h)(xxxv) that says, • ‘‘or
≤1% (by weight) toxic air pollutants’’;
The part of 400–110(4)(h)(xxxvi) that says,
• ‘‘or ≤1% (by weight) toxic air pollutants as listed in chapter 173–460 WAC’’;
400–110(4)(h)(xl), second sentence; The last
row of the table in 173–400–110(5)(b) regarding exemption levels for Toxic Air Pollutants.
*
*
*
*
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*
66826
Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION
[Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations
and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability
sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012]
State/local citation
State/local
effective date
Title/subject
*
*
*
EPA approval date
*
Explanations
*
*
*
Washington Department of Ecology Regulations
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
*
173–400–110 .............
*
*
New Source Review
(NSR) for Sources
and Portable Sources.
*
173–400–112 .............
*
*
Requirements for New
Sources in Nonattainment Areas—Review
for Compliance with
Regulations.
*
*
*
*
*
*
12/29/12
*
*
9/29/16 [Insert Federal
Register citation].
12/29/12
*
*
9/29/16 [Insert FEDERAL
REGISTER citation].
*
*
[FR Doc. 2016–23298 Filed 9–28–16; 8:45 am]
*
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40 CFR Part 52
[EPA–R04–OAR–2015–0403; FRL–9953–05–
Region 4]
Air Plan Approval; TN: Revisions to
Logs and Reports for Startups,
Shutdowns and Malfunctions
Environmental Protection
Agency.
22:57 Sep 28, 2016
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ACTION:
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*
*
*
Final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
on September 25, 2013. The SIP
submittal includes a change to the TDEC
regulation ‘‘Logs and Reports.’’ EPA is
approving this SIP revision because it is
consistent with the Clean Air Act (CAA
SUMMARY:
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*
*
ENVIRONMENTAL PROTECTION
AGENCY
AGENCY:
*
*
Except: 173–400–110(1)(c)(ii)(C); 173–400–
110(1)(e); 173–400–110(2)(d); The part of
WAC 173–400–110(4)(b)(vi) that says,
• ‘‘not for use with materials containing toxic air
pollutants, as listed in chapter 173–460
WAC,’’;
The part of 400–110(4)(e)(iii) that says,
• ‘‘where toxic air pollutants as defined in
chapter 173–460 WAC are not emitted’’;
The part of 400–110(4)(f)(i) that says,
• ‘‘that are not toxic air pollutants listed in
chapter 173–460 WAC’’;
The part of 400–110(4)(h)(xviii) that says,
• ‘‘, to the extent that toxic air pollutant
gases as defined in chapter 173–460
WAC are not emitted’’;
The part of 400–110(4)(h)(xxxiii) that says,
• ‘‘where no toxic air pollutants as listed
under chapter 173–460 WAC are emitted’’;
The part of 400–110(4)(h)(xxxiv) that says,
• ‘‘, or ≤1% (by weight) toxic air pollutants
as listed in chapter 173–460 WAC’’;
The part of 400–110(4)(h)(xxxv) that says,
• ‘‘or ≤1% (by weight) toxic air pollutants’’;
The part of 400–110(4)(h)(xxxvi) that says,
• ‘‘or ≤1% (by weight) toxic air pollutants as
listed in chapter 173–460 WAC’’; 400–
110(4)(h)(xl), second sentence;
The last row of the table in 173–400–110(5)(b)
regarding exemption levels for Toxic Air Pollutants.
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]]>Agencies
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66823-66826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23298]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0493: FRL-9953-04-Region 10]
Approval and Promulgation of Implementation Plans; Washington:
General Regulations for Air Pollution Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In reviewing past State Implementation Plan (SIP) actions, the
Washington Department of Ecology (Ecology) and the Environmental
Protection Agency (EPA) discovered minor typographical errors related
to the EPA's previous approvals of Chapter 173-400 Washington
Administrative Code, General Regulations for Air Pollution Sources. The
EPA is taking direct final action to correct these errors. This direct
final action makes no substantive changes to the SIP and imposes no new
requirements.
DATES: This rule is effective on November 28, 2016, without further
notice, unless the EPA receives adverse comment by October 31, 2016. If
the EPA receives adverse comment, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2016-0493 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://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10,
1200 Sixth Ave, Suite 900, Seattle, WA 98101; telephone number: (206)
553-0256; email address: hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
I. Introduction
In final actions published October 3, 2014 (79 FR 59653) and April
29, 2015 (80 FR 23721), the EPA approved Washington Administrative Code
(WAC) 173-400-110 New Source Review (NSR) for Sources and Portable
Sources and WAC 173-400-112 Requirements for New Sources in
Nonattainment Areas--Review for Compliance with Regulations with
certain exceptions. One of the listed exceptions was ``the part of 400-
110(4)(e)(f)(i)'' related to toxic air pollutants. The EPA notes that
``400-110(4)(e)(f)(i)'' does not exist under Chapter 173-400 WAC. The
correct citation is ``400-110(4)(f)(i).'' Similarly, both final
approvals contained regulatory text under 40 CFR part 52.2470(c) which
listed an exception for WAC 173-400-112(8). WAC 173-400-112(8) does not
exist in the version of Chapter 173-400 WAC adopted by Ecology on
November 28, 2012, which the EPA reviewed and approved. This exception,
related to toxic air pollutants, was a holdover from a previous
approval action (60 FR 28726, June 2, 1995). This exception was
inadvertently copied as part of 40 CFR 52.2470(c) Table 2--Additional
Regulations Approved for Washington Department of Ecology (Ecology)
Direct Jurisdiction. Both typographical errors were also inadvertently
copied in the regulatory text of a November 17, 2015 final approval for
the Benton Clean Air Agency, under 40 CFR 52.2470(c) Table 4--
Additional Regulations Approved for the Benton Clean Air Agency (BCAA)
Jurisdiction, which generally relies on the regulations contained in
Chapter 173-400 WAC (80 FR 71695).
[[Page 66824]]
II. Final Action
The EPA has determined that the typographical errors referenced
above should be corrected at this time. The EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial action and anticipates no adverse comment. However, in
the ``Proposed Rules'' section of this Federal Register, the EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on November 28, 2016 without further notice unless the EPA
receives adverse comment by October 31, 2016. If the EPA receives
adverse comment, the EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. The EPA will address all public comments in a subsequent final
rule based on the proposed rule. The EPA will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. Please note that if the EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, the EPA may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is correcting minor typographical errors related to the
incorporation by reference contained in 40 CFR 52.2470(c) Table 2--
Additional Regulations Approved for Washington Department of Ecology
(Ecology) Direct Jurisdiction and Table 4--Additional Regulations
Approved for the Benton Clean Air Agency (BCAA) Jurisdiction. These
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\1\ The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 10 Office (please contact
the person identified in the ``For Further Information Contact''
section of this preamble for more information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Orders Review
Under the Clean Air Act, 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 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 13563 (76 FR 3821, January 21,
2011);
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 application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Washington's SIP is approved to apply on non-trust land within the
exterior boundaries of the Puyallup Indian Reservation, also known as
the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and
local agencies in Washington authority over activities on non-trust
lands within the 1873 Survey Area.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the 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, 2016. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that the EPA
can withdraw this direct final rule and address the comment in the
proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
[[Page 66825]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting,
and Recordkeeping requirements.
Dated: September 14, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons stated above, 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. In Sec. 52.2470, amend paragraph (c) by:
0
a. In Table 2--Additional Regulations Approved for Washington
Department of Ecology (Ecology) Direct Jurisdiction, revising entries
173-400-110 and 173-400-112; and
0
b. In Table 4--Additional Regulations Approved for the Benton Clean Air
Agency (BCAA) Jurisdiction, revising entries 173-400-110 and 173-400-
112.
The revisions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
Table 2--Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction
[Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat,
Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities
subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non-
trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other area where the EPA
or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for
facilities subject to the applicability sections of WAC 173-400-700, 173-405-012, 173-410-012, and 173-415-012]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-400-110................... New Source Review 12/29/12 9/29/16 [Insert Except: 173-400-
(NSR) for Sources Federal Register 110(1)(c)(ii)(C); 173-
and Portable citation]. 400-110(1)(e); 173-400-
Sources. 110(2)(d); The part of
WAC 173-400-
110(4)(b)(vi) that
says,
``not for use
with materials
containing toxic air
pollutants, as listed
in chapter 173-460
WAC,'';
The part of 400-
110(4)(e)(iii) that
says,
``where toxic
air pollutants as
defined in chapter 173-
460 WAC are not
emitted'';
The part of 400-
110(4)(f)(i) that
says,
``that are not
toxic air pollutants
listed in chapter 173-
460 WAC'';
The part of 400-
110(4)(h)(xviii) that
says,
``, to the
extent that toxic air
pollutant gases as
defined in chapter 173-
460 WAC are not
emitted'';
The part of 400-
110(4)(h)(xxxiii) that
says,
``where no
toxic air pollutants
as listed under
chapter 173-460 WAC
are emitted'';
The part of 400-
110(4)(h)(xxxiv) that
says,
``, or <=1%
(by weight) toxic air
pollutants as listed
in chapter 173-460
WAC'';
The part of 400-
110(4)(h)(xxxv) that
says, ``or
<=1% (by weight) toxic
air pollutants'';
The part of 400-
110(4)(h)(xxxvi) that
says,
``or <=1% (by
weight) toxic air
pollutants as listed
in chapter 173-460
WAC'';
400-110(4)(h)(xl),
second sentence; The
last row of the table
in 173-400-110(5)(b)
regarding exemption
levels for Toxic Air
Pollutants.
* * * * * * *
173-400-112................... Requirements for 12/29/12 9/29/16 [Insert .......................
New Sources in Federal Register
Nonattainment citation].
Areas--Review for
Compliance with
Regulations.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[[Page 66826]]
Table 4--Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction
[Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC)
jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173-400-700, 173-405-012,
173-410-012, and 173-415-012]
----------------------------------------------------------------------------------------------------------------
State/local
State/local citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Washington Department of Ecology Regulations
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-400-110................... New Source Review 12/29/12 9/29/16 [Insert Except: 173-400-
(NSR) for Sources Federal Register 110(1)(c)(ii)(C); 173-
and Portable citation]. 400-110(1)(e); 173-400-
Sources. 110(2)(d); The part of
WAC 173-400-
110(4)(b)(vi) that
says,
``not for use
with materials
containing toxic air
pollutants, as listed
in chapter 173-460
WAC,'';
The part of 400-
110(4)(e)(iii) that
says,
``where
toxic air
pollutants as
defined in chapter
173-460 WAC are not
emitted'';
The part of 400-
110(4)(f)(i) that
says,
``that are
not toxic air
pollutants listed
in chapter 173-460
WAC'';
The part of 400-
110(4)(h)(xviii) that
says,
``, to the
extent that toxic
air pollutant gases
as defined in
chapter 173-460 WAC
are not emitted'';
The part of 400-
110(4)(h)(xxxiii) that
says,
``where no
toxic air
pollutants as
listed under
chapter 173-460 WAC
are emitted'';
The part of 400-
110(4)(h)(xxxiv) that
says,
``, or <=1%
(by weight) toxic
air pollutants as
listed in chapter
173-460 WAC'';
The part of 400-
110(4)(h)(xxxv) that
says,
``or <=1%
(by weight) toxic
air pollutants'';
The part of 400-
110(4)(h)(xxxvi) that
says,
``or <=1%
(by weight) toxic
air pollutants as
listed in chapter
173-460 WAC''; 400-
110(4)(h)(xl),
second sentence;
The last row of the
table in 173-400-
110(5)(b) regarding
exemption levels for
Toxic Air Pollutants.
* * * * * * *
173-400-112................... Requirements for 12/29/12 9/29/16 [Insert .......................
New Sources in Federal Register
Nonattainment citation].
Areas--Review for
Compliance with
Regulations.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-23298 Filed 9-28-16; 8:45 am]
BILLING CODE 6560-50-P
