Approval and Promulgation of Implementation Plans; Washington: Updates to Incorporation by Reference and Miscellaneous Revisions, 53362-53365 [2016-19031]
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Proposed Rules
APPENDIX B TO PART 4—NUMERICAL INDEX OF DISABILITIES—Continued
Diagnostic
Code No.
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7817 .................
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Erythroderma.
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7821 .................
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Cutaneous manifestations of collagen-vascular diseases not listed elsewhere (including scleroderma, calcinosis cutis,
subacute cutaneous lupus erythematosus, and dermatomyositis).
Papulosquamous disorders not listed elsewhere.
7822 .................
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5. Amend appendix C to part 4 by:
a. Removing the entry ‘‘Cutaneous
manifestations of collagen-vascular
diseases’’ and add in its place an entry
for ‘‘Cutaneous manifestations of
collagen-vascular diseases not listed
■
■
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elsewhere (including scleroderma,
calcinosis cutis, subacute cutaneous
lupus erythematosus, and
dermatomyositis)’’;
■ b. Adding in alphabetical order
entries for ‘‘Discoid lupus
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*
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erythematosus’’, and ‘‘Erythroderma’’;
and
■ c. Revising the entries under ‘‘Scars.’’
The additions and revisions read as
follows:
APPENDIX C TO PART 4—ALPHABETICAL INDEX OF DISABILITIES
Diagnostic
Code No.
*
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*
*
*
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Cutaneous manifestations of collagen-vascular diseases not listed elsewhere (including scleroderma, calcinosis cutis, subacute
cutaneous lupus erythematosus, and dermatomyositis) .................................................................................................................
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Discoid lupus erythematosus ...............................................................................................................................................................
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Erythroderma .......................................................................................................................................................................................
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Scars:
Burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of
the head, face, or neck .............................................................................................................................................................
Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck that are associated with underlying soft tissue
damage .....................................................................................................................................................................................
Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck that are not associated with underlying soft tissue damage ..............................................................................................................................................................................
Retina ...........................................................................................................................................................................................
Scars, other; and other effects of scars evaluated under diagnostic codes 7800, 7801, 7802, and 7804 .................................
Unstable or painful .......................................................................................................................................................................
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ACTION:
[FR Doc. 2016–18695 Filed 8–11–16; 8:45 am]
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Proposed rule.
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R10–OAR–2016–0394, FRL–9950–55–
Region 10]
Approval and Promulgation of
Implementation Plans; Washington:
Updates to Incorporation by Reference
and Miscellaneous Revisions
Environmental Protection
Agency (EPA).
AGENCY:
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The Environmental Protection
Agency (EPA) proposes to approve State
Implementation Plan revisions
submitted by the Washington State
Department of Ecology (Ecology) on July
11, 2016. The revisions update the
incorporation by reference of Federal
provisions cited in Ecology’s general air
quality regulations. The revisions also
reflect changes to the primary and
secondary National Ambient Air Quality
Standards (NAAQS) for ozone,
promulgated since Ecology’s last
update. Ecology also made minor
corrections to typographical errors and
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non-substantive edits for clarity, such as
standardizing the citation format.
BILLING CODE 8320–01–P
SUMMARY:
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Comments must be received on
or before September 12, 2016.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2016–0394 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
ADDRESSES:
E:\FR\FM\12AUP1.SGM
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Proposed Rules
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.
Jeff
Hunt, Air Planning Unit, Office of Air
and Waste (AWT–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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background
II. Analysis of Rule Updates
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. Background
Section 110 of the Clean Air Act
(CAA) governs the process by which a
state submits air quality requirements to
the EPA for approval into the State
Implementation Plan (SIP). The SIP is a
state’s plan to implement, maintain and
enforce the NAAQS. Ecology’s general
air quality regulations are set forth at
Chapter 173–400 of the Washington
Administrative Code (WAC). The EPA
last approved changes to Chapter 173–
400 WAC on April 29, 2015, which
incorporates by reference certain
Federal regulations, as of July 1, 2012
(80 FR 23721). Washington also adopts
and implements changes to the NAAQS
under Chapter 173–476 WAC, which the
EPA last approved on March 4, 2014 (79
FR 12078). On July 11, 2016,
Washington submitted a request to
update Chapters 173–400 and 173–476
WAC in the SIP, with revised Federal
citations as of January 1, 2016.
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II. Analysis of Rule Updates
Chapter 173–400 WAC
In order to streamline updates to
Chapter 173–400 WAC and the
Washington SIP, Ecology created a new
section, WAC 173–400–025 Adoption of
Federal Rules, which states, ‘‘Federal
rules mentioned in this rule are adopted
as they exist on January 1, 2016.
Adopted or adopted by reference means
the federal rule applies as if it was
copied into this rule.’’ As part of this
process, Ecology modified other
sections of Chapter 173–400 WAC to
remove citations to specific Federal
regulation adoption dates, in order to
rely on WAC 173–400–025. Ecology also
corrected minor typographical errors,
standardized references, and
consistently formatted Federal citations.
A redline/strikeout of the changes is
included in the State’s submittal,
contained in the docket for this action.
We reviewed these changes and are
proposing to approve the revisions.
One outcome of Ecology’s update to
Chapter 173–400 WAC relates to the
Prevention of Significant Deterioration
(PSD) permitting program for major
stationary sources in attainment and
unclassifiable areas. The Washington
SIP, at WAC 173–400–720(4)(a)(vi),
generally incorporates by reference the
Federal PSD regulations contained in 40
CFR 52.21, with certain exceptions (80
FR 23721, April 29, 2015). As part of
our April 29, 2015 final action on WAC
173–400–720(4)(a)(vi) we excluded the
incorporation by reference of 40 CFR
52.21(b)(49)(v), 40 CFR 52.21(i)(5)(i),
and 40 CFR 52.21(k)(2), as the Federal
rules existed on July 1, 2012. These
citations relate to Federal greenhouse
gas, and fine particulate matter
significant monitoring concentration
and significant impact level provisions
vacated by Federal courts after July 1,
2012 (see our proposed rulemaking for
a full discussion, 80 FR 838, January 7,
2015, at page 842). After the court
vacated the provisions, the EPA
removed the provisions from 40 CFR
52.21 on December 9, 2013 (78 FR
73698) and August 19, 2015 (80 FR
50199). Ecology’s revised incorporation
by reference of these Federal regulations
as of January 1, 2016, captures the EPA’s
removal of the vacated provisions. We
are proposing to fully approve WAC
173–400–720(4)(a)(vi) because it meets
current Federal requirements and is
consistent with the court decisions. All
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other exceptions to our approval of
Chapter 173–400 WAC remain
unchanged since our April 29, 2015
final action.
Ecology also requested that the EPA
update the Chapter 173–400 WAC
citations for the Benton Clean Air
Agency (BCAA) jurisdiction consistent
with the exceptions noted in our
November 17, 2015 final approval (80
FR 71695). As discussed in the
proposed rulemaking for that action,
BCAA does not implement WAC
provisions related to the PSD program
under WAC 173–400–116 and 173–400–
700 through 173–400–750 (80 FR 55280,
September 15, 2015, at page 55283).
Also, as described in the proposed
rulemaking for that action, BCAA local
requirements contained in Regulation I,
section 4.02 apply in lieu of the WAC
provisions contained in WAC 173–400–
040(4), WAC 173–400–040(9)(a), and
WAC 173–400–040(9)(b). The EPA is
therefore proposing to approve the
update to Chapter 173–400 WAC for
BCAA’s jurisdiction consistent with the
exceptions noted above. The EPA is also
proposing to revise the visibility
protection Federal Implementation Plan
contained in 40 CFR 52.2498 to reflect
the approval of WAC 173–400–117
Special Protection Requirements for
Federal Class I Areas for sources within
BCAA’s jurisdiction.
Chapter 173–476 WAC
The EPA last approved changes to
Chapter 173–476 WAC on March 4,
2014, which contained all promulgated
Federal NAAQS in existence at that
time (79 FR 12078). In 2015, the EPA
revised 40 CFR part 50 to include
revised primary and secondary 8-hour
ambient air quality standards for ozone
at 0.070 parts per million (80 FR 65292,
Oct. 26, 2015). Ecology’s revision to
Chapter 173–476 includes this update to
the ozone standards and the
interpretation method contained in 40
CFR part 50, Appendix U. We are
proposing to approve the revisions to
Chapter 173–476 WAC as meeting
current Federal requirements.
III. Proposed Action
We are proposing to approve and
incorporate by reference in the
Washington SIP at 40 CFR 52.2470(c)
the following revisions to Chapters 173–
400 and 173–476 WAC as shown in the
table below.
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State citation
State
effective date
Title/subject
Explanations
40 CFR 52.2470(c), TABLE 1—REGULATIONS APPROVED STATEWIDE
Washington Administrative Code, Chapter 173–476—Ambient Air Quality Standards
173–476–020 ....
173–476–150 ....
173–476–900 ....
Applicability .................................................................
Ambient Air Quality Standard for Ozone ....................
Appendix A. Table of Standards ................................
07/01/16
07/01/16
07/01/16
40 CFR 52.2470(c), TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY)
DIRECT JURISDICTION
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
173–400–025 ....
173–400–040 ....
Adoption of Federal Rules ..........................................
General Standards for maximum Emissions ..............
07/01/16
07/01/16
173–400–050 ....
07/01/16
173–400–116 ....
173–400–171 ....
Emission Standards for Combustion and Incineration
Units.
Emission Standards for General Process Units .........
Emission Standards for Certain Source Categories ..
Records, Monitoring, and Reporting ...........................
Processing Notice of Construction Applications for
Sources, Stationary Sources and Portable
Sources.
Increment Protection ...................................................
Public Notice and Opportunity for Public Comment ...
07/01/16
07/01/16
173–400–710 ....
173–400–720 ....
Definitions ...................................................................
Prevention of Significant Deterioration (PSD) ............
07/01/16
07/01/16
173–400–730 ....
Prevention of Significant Deterioration Application
Processing Procedures.
PSD Permitting Public Involvement Requirements ....
Major Stationary Source and Major Modification Definitions.
Permitting Requirements ............................................
Emission Offset Requirements ...................................
Actual Emissions Plantwide Applicability Limitation
(PAL).
07/01/16
173–400–060
173–400–070
173–400–105
173–400–111
....
....
....
....
173–400–740 ....
173–400–810 ....
173–400–830 ....
173–400–840 ....
173–400–850 ....
07/01/16
07/01/16
07/01/16
07/01/16
Except: 173–400–040(2)(c); 173–400–040(2)(d);
173–400–040(3);
173–400–040(5);
173–400–
040(7), second paragraph.
Except: 173–400–050(2) and 173–400–050(4)
through (6).
Except: 173–400–070(7); 173–400–070(8).
Except: 173–400–111(3)(h); The part of 173–400–
111(8)(a)(v) that says, • ‘‘and 173–460–040,’’;
173–400–111(9).
Except: The part of 173–400–171(3)(b) that says,
• ‘‘or any increase in emissions of a toxic air pollutant above the acceptable source impact level
for that toxic air pollutant as regulated under chapter 173–460 WAC’’; 173–400–171(12).
Except: 173–400–720(4)(a)(i through iv) and 173–
400–720(4)(b)(iii)(C).
07/01/16
07/01/16
07/01/16
07/01/16
07/01/16
40 CFR 52.2470(c), TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION
173–400–025 ....
173–400–040 ....
Adoption of Federal Rules ..........................................
General Standards for Maximum Emissions ..............
07/01/16
07/01/16
173–400–050 ....
Emission Standards for Combustion and Incineration
Units.
Emission Standards for General Process Units .........
Emission Standards for Certain Source Categories ..
07/01/16
173–400–060 ....
173–400–070 ....
07/01/16
07/01/16
Records, Monitoring, and Reporting. ..........................
Processing Notice of Construction Applications for
Sources, Stationary Sources and Portable
Sources.
07/01/16
07/01/16
173–400–171 ....
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173–400–105 ....
173–400–111 ....
Public Notice and Opportunity for Public Comment ...
07/01/16
173–400–810 ....
Major Stationary Source and Major Modification Definitions.
Permitting Requirements ............................................
Emission Offset Requirements ...................................
Actual Emissions Plantwide Applicability Limitation
(PAL).
Except: 173–400–040(2)(c); 173–400–040(2)(d);
173–400–040(3);
173–400–040(4);
173–400–
040(5); 173–400–040(7), second paragraph; 173–
400–040(9)(a); 173–400–040(9)(b).
Except: 173–400–050(2) and 173–400–050(4)
through (6).
Except:
173–400–070(7); 173–400–070(8).
07/01/16
173–400–830 ....
173–400–840 ....
173–400–850 ....
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Except: 173–400–111(3)(h); The part of 173–400–
111(8)(a)(v) that says,
• ‘‘and 173–460–040,’’;
173–400–111(9).
Except: The part of 173–400–171(3)(b) that says,
• ‘‘or any increase in emissions of a toxic air pollutant above the acceptable source impact level for
that toxic air pollutant as regulated under chapter
173–460 WAC’’; 173–400–171(12).
07/01/16
07/01/16
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Proposed Rules
We are also proposing to approve, but
not incorporate by reference, the revised
version of WAC 173–400–260 Conflict
of Interest, state effective July 1, 2016.
Consistent with prior actions on the
Washington SIP, 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 typically not incorporated
by reference so as to avoid potential
conflict with the EPA’s independent
authorities. Therefore, we propose to
approve, WAC 173–400–260 into the
Washington SIP, but not incorporate the
provision by reference.
IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the regulations in the table in section III
above. 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).
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V. 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 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 proposed 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 proposed 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
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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. Consistent with EPA policy, the
EPA provided a consultation
opportunity to the Puyallup Tribe in a
letter dated July 13, 2016.
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.
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Authority: 42 U.S.C. 7401 et seq.
Dated: August 1, 2016.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2016–19031 Filed 8–11–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2016–0366; FRL–9950–36–
Region 8]
Approval and Promulgation of State
Implementation Plan Revisions to
Primary Air Quality Standards, Minor
Source Baseline Date, Incorporation by
Reference, and 2008 Ozone NAAQS
Infrastructure Requirements for CAA
Section 110(a)(2)(C) and (D)(i)(II);
Wyoming
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
Wyoming on May 28, 2015 and
November 6, 2015. The amendments
update the version of the Code of
Federal Regulations (CFR) incorporated
by reference into the rules of the State
of Wyoming for Chapter 2, Section 12;
Chapter 3, General Emission Standards,
Section 9; and Chapter 6, Prevention of
Significant Deterioration, Section 4. The
May 28, 2015 submittal updates a
citation to a Federal Register article
(i.e., Federal Register notice) under the
definition of ‘‘tpy CO2 equivalent
emissions (CO2e),’’ and lists a new
minor source baseline date for fine
particulate. The State also proposes to
update the primary air quality standards
for particulate matter (PM2.5) to reflect
federal updates that went into effect in
January 2013. The updated primary
PM2.5 standard is 12 micrograms per
cubic meter (mg/m3) annual arithmetic
mean concentration, which is lowered
from its previous level of 15 mg/m3. The
EPA is also proposing approval of
portions of the State’s February 6, 2014
2008 ozone National Ambient Air
Quality Standards (NAAQS)
infrastructure certification regarding
prevention of significant deterioration
(PSD) and the good neighbor provision.
The EPA is not taking action on the
Chapter 6, Permitting Requirements,
Section 14 portion of the May 24, 2012
submittal because it has been
superseded by a November 6, 2015
submittal (81 FR 35271). The EPA is not
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Proposed Rules]
[Pages 53362-53365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19031]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0394, FRL-9950-55-Region 10]
Approval and Promulgation of Implementation Plans; Washington:
Updates to Incorporation by Reference and Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
State Implementation Plan revisions submitted by the Washington State
Department of Ecology (Ecology) on July 11, 2016. The revisions update
the incorporation by reference of Federal provisions cited in Ecology's
general air quality regulations. The revisions also reflect changes to
the primary and secondary National Ambient Air Quality Standards
(NAAQS) for ozone, promulgated since Ecology's last update. Ecology
also made minor corrections to typographical errors and non-substantive
edits for clarity, such as standardizing the citation format.
DATES: Comments must be received on or before September 12, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2016-0394 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
[[Page 53363]]
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 (AWT-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 wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Analysis of Rule Updates
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110 of the Clean Air Act (CAA) governs the process by which
a state submits air quality requirements to the EPA for approval into
the State Implementation Plan (SIP). The SIP is a state's plan to
implement, maintain and enforce the NAAQS. Ecology's general air
quality regulations are set forth at Chapter 173-400 of the Washington
Administrative Code (WAC). The EPA last approved changes to Chapter
173-400 WAC on April 29, 2015, which incorporates by reference certain
Federal regulations, as of July 1, 2012 (80 FR 23721). Washington also
adopts and implements changes to the NAAQS under Chapter 173-476 WAC,
which the EPA last approved on March 4, 2014 (79 FR 12078). On July 11,
2016, Washington submitted a request to update Chapters 173-400 and
173-476 WAC in the SIP, with revised Federal citations as of January 1,
2016.
II. Analysis of Rule Updates
Chapter 173-400 WAC
In order to streamline updates to Chapter 173-400 WAC and the
Washington SIP, Ecology created a new section, WAC 173-400-025 Adoption
of Federal Rules, which states, ``Federal rules mentioned in this rule
are adopted as they exist on January 1, 2016. Adopted or adopted by
reference means the federal rule applies as if it was copied into this
rule.'' As part of this process, Ecology modified other sections of
Chapter 173-400 WAC to remove citations to specific Federal regulation
adoption dates, in order to rely on WAC 173-400-025. Ecology also
corrected minor typographical errors, standardized references, and
consistently formatted Federal citations. A redline/strikeout of the
changes is included in the State's submittal, contained in the docket
for this action. We reviewed these changes and are proposing to approve
the revisions.
One outcome of Ecology's update to Chapter 173-400 WAC relates to
the Prevention of Significant Deterioration (PSD) permitting program
for major stationary sources in attainment and unclassifiable areas.
The Washington SIP, at WAC 173-400-720(4)(a)(vi), generally
incorporates by reference the Federal PSD regulations contained in 40
CFR 52.21, with certain exceptions (80 FR 23721, April 29, 2015). As
part of our April 29, 2015 final action on WAC 173-400-720(4)(a)(vi) we
excluded the incorporation by reference of 40 CFR 52.21(b)(49)(v), 40
CFR 52.21(i)(5)(i), and 40 CFR 52.21(k)(2), as the Federal rules
existed on July 1, 2012. These citations relate to Federal greenhouse
gas, and fine particulate matter significant monitoring concentration
and significant impact level provisions vacated by Federal courts after
July 1, 2012 (see our proposed rulemaking for a full discussion, 80 FR
838, January 7, 2015, at page 842). After the court vacated the
provisions, the EPA removed the provisions from 40 CFR 52.21 on
December 9, 2013 (78 FR 73698) and August 19, 2015 (80 FR 50199).
Ecology's revised incorporation by reference of these Federal
regulations as of January 1, 2016, captures the EPA's removal of the
vacated provisions. We are proposing to fully approve WAC 173-400-
720(4)(a)(vi) because it meets current Federal requirements and is
consistent with the court decisions. All other exceptions to our
approval of Chapter 173-400 WAC remain unchanged since our April 29,
2015 final action.
Ecology also requested that the EPA update the Chapter 173-400 WAC
citations for the Benton Clean Air Agency (BCAA) jurisdiction
consistent with the exceptions noted in our November 17, 2015 final
approval (80 FR 71695). As discussed in the proposed rulemaking for
that action, BCAA does not implement WAC provisions related to the PSD
program under WAC 173-400-116 and 173-400-700 through 173-400-750 (80
FR 55280, September 15, 2015, at page 55283). Also, as described in the
proposed rulemaking for that action, BCAA local requirements contained
in Regulation I, section 4.02 apply in lieu of the WAC provisions
contained in WAC 173-400-040(4), WAC 173-400-040(9)(a), and WAC 173-
400-040(9)(b). The EPA is therefore proposing to approve the update to
Chapter 173-400 WAC for BCAA's jurisdiction consistent with the
exceptions noted above. The EPA is also proposing to revise the
visibility protection Federal Implementation Plan contained in 40 CFR
52.2498 to reflect the approval of WAC 173-400-117 Special Protection
Requirements for Federal Class I Areas for sources within BCAA's
jurisdiction.
Chapter 173-476 WAC
The EPA last approved changes to Chapter 173-476 WAC on March 4,
2014, which contained all promulgated Federal NAAQS in existence at
that time (79 FR 12078). In 2015, the EPA revised 40 CFR part 50 to
include revised primary and secondary 8-hour ambient air quality
standards for ozone at 0.070 parts per million (80 FR 65292, Oct. 26,
2015). Ecology's revision to Chapter 173-476 includes this update to
the ozone standards and the interpretation method contained in 40 CFR
part 50, Appendix U. We are proposing to approve the revisions to
Chapter 173-476 WAC as meeting current Federal requirements.
III. Proposed Action
We are proposing to approve and incorporate by reference in the
Washington SIP at 40 CFR 52.2470(c) the following revisions to Chapters
173-400 and 173-476 WAC as shown in the table below.
[[Page 53364]]
------------------------------------------------------------------------
State
State citation Title/subject effective date Explanations
------------------------------------------------------------------------
40 CFR 52.2470(c), TABLE 1--REGULATIONS APPROVED STATEWIDE
------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-476--Ambient Air Quality
Standards
------------------------------------------------------------------------
173-476-020.......... Applicability... 07/01/16 ...............
173-476-150.......... Ambient Air 07/01/16 ...............
Quality
Standard for
Ozone.
173-476-900.......... Appendix A. 07/01/16 ...............
Table of
Standards.
------------------------------------------------------------------------
40 CFR 52.2470(c), TABLE 2--ADDITIONAL REGULATIONS APPROVED FOR
WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION
------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400--General Regulations for
Air Pollution Sources
------------------------------------------------------------------------
173-400-025.......... Adoption of 07/01/16 ...............
Federal Rules.
173-400-040.......... General 07/01/16 Except: 173-400-
Standards for 040(2)(c); 173-
maximum 400-040(2)(d);
Emissions. 173-400-040(3)
; 173-400-
040(5); 173-
400-040(7),
second
paragraph.
173-400-050.......... Emission 07/01/16 Except: 173-400-
Standards for 050(2) and 173-
Combustion and 400-050(4)
Incineration through (6).
Units.
173-400-060.......... Emission 07/01/16 ...............
Standards for
General Process
Units.
173-400-070.......... Emission 07/01/16 Except: 173-400-
Standards for 070(7); 173-
Certain Source 400-070(8).
Categories.
173-400-105.......... Records, 07/01/16 ...............
Monitoring, and
Reporting.
173-400-111.......... Processing 07/01/16 Except: 173-400-
Notice of 111(3)(h); The
Construction part of 173-
Applications 400-111(8)(a)(
for Sources, v) that says,
Stationary ``and
Sources and 173-460-040,''
Portable ; 173-400-
Sources. 111(9).
173-400-116.......... Increment 07/01/16 ...............
Protection.
173-400-171.......... Public Notice 07/01/16 Except: The
and Opportunity part of 173-
for Public 400-171(3)(b)
Comment. that says,
``or
any increase
in emissions
of a toxic air
pollutant
above the
acceptable
source impact
level for that
toxic air
pollutant as
regulated
under chapter
173-460 WAC'';
173-400-171(12
).
173-400-710.......... Definitions..... 07/01/16 ...............
173-400-720.......... Prevention of 07/01/16 Except: 173-400-
Significant 720(4)(a)(i
Deterioration through iv)
(PSD). and 173-400-
720(4)(b)(iii)
(C).
173-400-730.......... Prevention of 07/01/16 ...............
Significant
Deterioration
Application
Processing
Procedures.
173-400-740.......... PSD Permitting 07/01/16 ...............
Public
Involvement
Requirements.
173-400-810.......... Major Stationary 07/01/16 ...............
Source and
Major
Modification
Definitions.
173-400-830.......... Permitting 07/01/16 ...............
Requirements.
173-400-840.......... Emission Offset 07/01/16 ...............
Requirements.
173-400-850.......... Actual Emissions 07/01/16 ...............
Plantwide
Applicability
Limitation
(PAL).
------------------------------------------------------------------------
40 CFR 52.2470(c), TABLE 4--ADDITIONAL REGULATIONS APPROVED FOR BENTON
CLEAN AIR AGENCY (BCAA) JURISDICTION
------------------------------------------------------------------------
173-400-025.......... Adoption of 07/01/16 ...............
Federal Rules.
173-400-040.......... General 07/01/16 Except: 173-400-
Standards for 040(2)(c); 173-
Maximum 400-040(2)(d);
Emissions. 173-400-040(3)
; 173-400-
040(4); 173-
400-040(5);
173-400-040(7)
, second
paragraph; 173-
400-040(9)(a);
173-400-040(9)
(b).
173-400-050.......... Emission 07/01/16 Except: 173-400-
Standards for 050(2) and 173-
Combustion and 400-050(4)
Incineration through (6).
Units.
173-400-060.......... Emission 07/01/16 ...............
Standards for
General Process
Units.
173-400-070.......... Emission 07/01/16 Except:
Standards for 173-400-070(7);
Certain Source 173-400-070(8)
Categories. .
173-400-105.......... Records, 07/01/16 ...............
Monitoring, and
Reporting..
173-400-111.......... Processing 07/01/16 Except: 173-400-
Notice of 111(3)(h); The
Construction part of 173-
Applications 400-111(8)(a)(
for Sources, v) that says,
Stationary ``and
Sources and 173-460-040,''
Portable ;
Sources. 173-400-111(9).
173-400-171.......... Public Notice 07/01/16 Except: The
and Opportunity part of 173-
for Public 400-171(3)(b)
Comment. that says,
``or
any increase
in emissions
of a toxic air
pollutant
above the
acceptable
source impact
level for that
toxic air
pollutant as
regulated
under chapter
173-460 WAC'';
173-400-171(12
).
173-400-810.......... Major Stationary 07/01/16 ...............
Source and
Major
Modification
Definitions.
173-400-830.......... Permitting 07/01/16 ...............
Requirements.
173-400-840.......... Emission Offset 07/01/16 ...............
Requirements.
173-400-850.......... Actual Emissions 07/01/16 ...............
Plantwide
Applicability
Limitation
(PAL).
------------------------------------------------------------------------
[[Page 53365]]
We are also proposing to approve, but not incorporate by reference,
the revised version of WAC 173-400-260 Conflict of Interest, state
effective July 1, 2016. Consistent with prior actions on the Washington
SIP, 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 typically not incorporated by reference so as to avoid
potential conflict with the EPA's independent authorities. Therefore,
we propose to approve, WAC 173-400-260 into the Washington SIP, but not
incorporate the provision by reference.
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the regulations in the table in section III above. 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).
V. 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 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 proposed 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 proposed 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. Consistent with EPA policy, the EPA
provided a consultation opportunity to the Puyallup Tribe in a letter
dated July 13, 2016.
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: August 1, 2016.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2016-19031 Filed 8-11-16; 8:45 am]
BILLING CODE 6560-50-P
