Approval and Promulgation of Implementation Plans; Washington: Updates to Incorporation by Reference and Miscellaneous Revisions, 69385-69390 [2016-23862]
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69385
Rules and Regulations
Federal Register
Vol. 81, No. 194
Thursday, October 6, 2016
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2016–0394; FRL–9953–50–
Region 10]
Region 10, Office of Air and Waste, 1200
Sixth Avenue, Seattle, Washington
98101. The EPA requests that you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
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:
Table of Contents
Approval and Promulgation of
Implementation Plans; Washington:
Updates to Incorporation by Reference
and Miscellaneous Revisions
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Background Information
On August 12, 2016, the EPA
proposed to approve revisions to
Ecology’s general air quality regulations
contained in Chapter 173–400
Washington Administrative Code
(WAC) and the State ambient air quality
standards contained in Chapter 173–476
WAC (81 FR 53362). An explanation of
the Clean Air Act requirements, a
detailed analysis of the revisions, and
the EPA’s reasons for proposing
approval were provided in the notice of
proposed rulemaking, and will not be
restated here. The public comment
period for this proposed rule ended on
September 12, 2016. The EPA received
no comments on the proposal.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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: This final rule is effective
November 7, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2016–0394. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., 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 is publicly available
only in hard copy form. Publicly
available docket materials are available
at https://www.regulations.gov or at EPA
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SUMMARY:
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II. Final Action
The EPA is approving, and
incorporating by reference, the
submitted revisions to Chapters 173–
400 and 173–476 WAC set forth below
as amendments to 40 CFR part 52. We
are also approving, but not
incorporating 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
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by reference so as to avoid potential
conflict with the EPA’s independent
authorities.
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 finalizing the
incorporation by reference as described
in the amendments to 40 CFR part 52 set
forth below. These materials have been
approved by the EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by the
EPA into that plan, are fully federallyenforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of 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).
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
1 62
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FR 27968 (May 22, 1997).
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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
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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.
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 December 5,
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. 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.
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Dated: September 19, 2016.
Dennis J. McLerran,
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
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:
a. Amend paragraph (c):
■ i. ‘‘Table 1—Regulations Approved
Statewide’’, by revising entries 173–
476–020, 173–476–150, and 173–476–
900.
■ ii. ‘‘Table 2—Additional Regulations
Approved for Washington Department
of Ecology (Ecology) Direct
Jurisdiction’’, by adding entry 173–400–
025 in numerical order, and revising
entries 173–400–040, 173–400–050,
173–400–060, 173–400–070, 173–400–
105, 173–400–111, 173–400–116, 173–
400–171, 173–400–710, 173–400–720,
173–400–730, 173–400–740, 173–400–
810, 173–400–830, 173–400–840, and
173–400–850.
■ iii. ‘‘Table 4—Additional Regulations
Approved for the Benton Clean Air
Agency (BCAA) Jurisdiction’’, by adding
entry 173–400–025 in numerical order,
and revising entries 173–400–040, 173–
400–050, 173–400–060, 173–400–070,
173–400–105, 173–400–111, 173–400–
171, 173–400–810, 173–400–830, 173–
400–840, and 173–400–850.
■ b. Amend paragraph (e), ‘‘Table 1—
Approved but Not Incorporated by
Reference Regulations’’, by revising
entry 173–400–260.
The additions and revisions read as
follows:
■
■
§ 52.2470
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations
TABLE 1—REGULATIONS APPROVED STATEWIDE
[Not applicable in 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]
State citation
State effective
date
Title/Subject
*
*
*
*
EPA Approval date
Explanations
*
*
*
Washington Administrative Code, Chapter 173–476—Ambient Air Quality Standards
*
173–476–020 ............
*
*
Applicability .........................................
*
07/01/16
*
*
10/06/16, [Insert Federal Register citation].
*
*
173–476–150 ............
*
*
Ambient Air Quality Standard for
Ozone.
*
07/01/16
*
*
10/06/16, [Insert Federal Register citation].
*
*
173–476–900 ............
*
*
Table of Standards .............................
*
07/01/16
*
*
10/06/16, [Insert Federal Register citation].
*
*
*
*
*
*
*
*
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
*
173–400–025 .............
*
*
Adoption of Federal Rules .........
*
07/01/16
*
10/06/16, [Insert Federal Register citation].
*
173–400–040 .............
*
*
General Standards for Maximum
Emissions.
*
07/01/16
*
10/06/16, [Insert Federal Register citation].
173–400–050 .............
Emission Standards for Combustion and Incineration Units.
07/01/16
10/06/16, [Insert Federal Register citation].
173–400–060 .............
Emission Standards for General
Process Units.
Emission Standards for Certain
Source Categories.
07/01/16
10/06/16, [Insert Federal Register citation].
10/06/16, [Insert Federal Register citation].
173–400–070 .............
07/01/16
*
*
Records, Monitoring, and Reporting.
*
07/01/16
*
*
Processing Notice of Construction Applications for Sources,
Stationary Sources and Portable Sources.
*
07/01/16
*
10/06/16, [Insert Federal Register citation].
*
173–400–116 .............
*
*
Increment Protection ..................
*
07/01/16
Except: 173–400–070(7);
173–400–070(8).
*
10/06/16, [Insert Federal Register citation].
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*
*
*
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);
173–400–050(4);
173–400–050(5);
173–400–050(6).
*
10/06/16, [Insert Federal Register citation].
*
173–400–111 .............
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*
173–400–105 .............
*
*
*
*
*
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).
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TABLE 2—ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT
JURISDICTION—Continued
[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 effective
date
State citation
Title/Subject
EPA Approval date
Explanations
*
173–400–171 .............
*
*
Public Notice and Opportunity
for Public Comment.
*
07/01/16
*
10/06/16, [Insert Federal Register citation].
*
*
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).
*
173–400–710 .............
*
*
Definitions ..................................
*
07/01/16
173–400–720 .............
Prevention of Significant Deterioration (PSD).
07/01/16
*
10/06/16, [Insert Federal Register citation].
10/06/16, [Insert Federal Register citation].
173–400–730 .............
Prevention of Significant Deterioration.
Application Processing Procedures.
PSD Permitting Public Involvement.
Requirements .............................
07/01/16
10/06/16, [Insert Federal Register citation].
07/01/16
10/06/16, [Insert Federal Register citation].
*
173–400–810 .............
*
*
Major Stationary Source and
Major Modification Definitions.
*
07/01/16
*
10/06/16, [Insert Federal Register citation].
*
*
*
173–400–830 .............
*
*
Permitting Requirements ...........
*
07/01/16
*
*
173–400–840 .............
Emission Offset Requirements ..
07/01/16
173–400–850 .............
Actual Emissions Plantwide Applicability.
Limitation (PAL) .........................
07/01/16
*
10/06/16, [Insert Federal Register citation].
10/06/16, [Insert Federal Register citation].
10/06/16, [Insert Federal Register citation].
*
*
*
173–400–740 .............
*
*
*
*
*
*
*
*
*
*
Except:
173–400–720(4)(a)(i
through iv) and 173–400–
720(4)(b)(iii)(C).
*
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
*
*
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Washington Department of Ecology Regulations
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
173–400–025 ............
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TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION—
Continued
[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
Title/Subject
State/local
effective date
*
173–400–040 ............
*
*
General Standards for Maximum
Emissions.
173–400–050 ............
173–400–060 ............
EPA Approval date
Explanations
*
07/01/16
*
10/06/16, [Insert Federal Register citation].
Emission Standards for Combustion and Incineration Units.
07/01/16
10/06/16, [Insert Federal Register citation].
*
*
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);
173–400–050(4);
173–400–050(5);
173–400–050(6).
Emission Standards for General
Process Units.
Emission Standards for Certain
Source Categories.
07/01/16
10/06/16, [Insert Federal Register citation].
10/06/16, [Insert Federal Register citation].
*
173–400–105 ............
*
*
Records, Monitoring and Reporting.
*
07/01/16
*
10/06/16, [Insert Federal Register citation].
*
173–400–111 ............
*
*
Processing Notice of Construction Applications for Sources,
Stationary Sources and Portable Sources.
*
07/01/16
*
10/06/16, [Insert Federal Register citation].
*
*
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).
*
173–400–171 ............
*
*
Public Notice and Opportunity
for Public Comment.
*
07/01/16
*
10/06/16, [Insert Federal Register citation].
*
*
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).
*
173–400–810 ............
*
*
Major Stationary Source and
Major Modification Definitions.
*
07/01/16
*
10/06/16, [Insert Federal Register citation].
*
*
*
173–400–830 ............
*
*
Permitting Requirements ............
*
07/01/16
*
*
173–400–840 ............
Emission Offset Requirements ..
07/01/16
173–400–850 ............
Actual Emissions Plantwide Applicability Limitation (PAL).
07/01/16
*
10/06/16, [Insert Federal Register citation].
10/06/16, [Insert Federal Register citation].
10/06/16, [Insert Federal Register citation].
*
*
*
173–400–070 ............
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*
*
*
*
*
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*
*
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*
Except: 173–400–070(7);
173–400–070(8).
*
(e) * * *
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TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS
State/local citation
State/local
effective date
Title/Subject
EPA Approval date
Explanations
Washington Department of Ecology Regulations
*
173–400–260 ............
*
*
Conflict of Interest ...............................
*
*
*
*
*
*
*
07/01/16
*
*
[FR Doc. 2016–23862 Filed 10–5–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0240; FRL–9950–74–
Region 9]
Approval and Limited Approval and
Limited Disapproval of Air Quality
Implementation Plans; California;
Northern Sonoma County Air Pollution
Control District; Stationary Source
Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing action on five
permitting rules submitted as a revision
to the Northern Sonoma County Air
Pollution Control District (NSCAPCD or
District) portion of the applicable state
implementation plan (SIP) for the State
of California pursuant to requirements
under the Clean Air Act (CAA or Act).
SUMMARY:
*
*
*
10/06/16, [Insert Federal Register citation].
*
We are finalizing a limited approval and
limited disapproval of two rules; we are
finalizing approval of the remaining
three permitting rules; and we are
deleting three rules. The amended rules
govern the issuance of permits for
stationary sources, including review and
permitting of minor sources, major
sources and major modifications under
part C of title I of the Act. The limited
disapproval actions trigger an obligation
for EPA to promulgate a Federal
Implementation Plan (FIP) for the
specific New Source Review (NSR)
program deficiencies unless California
submits and we approve SIP revisions
that correct the deficiencies within two
years of the final action.
DATES: This rule will be effective on
November 7, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2016–0240. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, by phone: (415) 972–
3534 or by email at yannayon.laura@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Proposed Action
On May 19, 2016 (81 FR 31567), the
EPA proposed a limited approval and
limited disapproval (LA/LD) or a full
approval (as noted in the table) of the
following rules that were submitted for
incorporation into the Northern Sonoma
County portion of the California SIP.
TABLE 1—SUBMITTED NSR RULES
Rule No.
sradovich on DSK3GMQ082PROD with RULES
130
200
220
230
240
...............
...............
...............
...............
...............
Rule title
Definitions ........................................................
Permit Requirements .......................................
New Source Review ........................................
Action on Applications .....................................
Permit to Operate ............................................
We proposed a full approval of Rules
200, 230 and 240 because we
determined that these rules improve the
SIP and are consistent with the relevant
CAA requirements. We proposed a
limited approval of Rules 130 and 220
because we determined that these rules
improve the SIP and are largely
consistent with the relevant CAA
requirements. We simultaneously
proposed a limited disapproval of Rules
VerDate Sep<11>2014
Amended
18:20 Oct 05, 2016
Jkt 241001
11/14/14
11/14/14
11/14/14
11/14/14
2/22/84
Submitted
12/11/14
12/11/14
12/11/14
12/11/14
10/16/85
130 and 220 because some rule
provisions conflict with section 110 and
part C of the Act. These provisions
include the following:
A. The definition of Significant in
Rule 130 does not include lead as a
pollutant or provide a significant
emission rate. The rule also does not
provide a public notice threshold for
lead.
B. Rule 220 does not contain any
provisions specifying that required air
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Proposed action
LA/LD.
Full Approval.
LA/LD.
Full Approval.
Full Approval.
quality modeling shall be based on the
applicable models, databases, and other
requirements specified in Part 51
Appendix W; therefore, the
requirements of 40 CFR 51.160(f) and
51.166(l) have not been meet.
C. The text in Rule 220, Subsection
(b)(3) contains a significant
typographical error (the word ‘‘not’’ is
missing) concerning the requirements
pertaining to stack height.
E:\FR\FM\06OCR1.SGM
06OCR1
]]>Agencies
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Rules and Regulations]
[Pages 69385-69390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23862]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 /
Rules and Regulations
[[Page 69385]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0394; FRL-9953-50-Region 10]
Approval and Promulgation of Implementation Plans; Washington:
Updates to Incorporation by Reference and Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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: This final rule is effective November 7, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2016-0394. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information may not be publicly available, i.e.,
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 is publicly
available only in hard copy form. Publicly available docket materials
are available at https://www.regulations.gov or at EPA Region 10, Office
of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA
requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding Federal holidays.
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:
Table of Contents
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background Information
On August 12, 2016, the EPA proposed to approve revisions to
Ecology's general air quality regulations contained in Chapter 173-400
Washington Administrative Code (WAC) and the State ambient air quality
standards contained in Chapter 173-476 WAC (81 FR 53362). An
explanation of the Clean Air Act requirements, a detailed analysis of
the revisions, and the EPA's reasons for proposing approval were
provided in the notice of proposed rulemaking, and will not be restated
here. The public comment period for this proposed rule ended on
September 12, 2016. The EPA received no comments on the proposal.
II. Final Action
The EPA is approving, and incorporating by reference, the submitted
revisions to Chapters 173-400 and 173-476 WAC set forth below as
amendments to 40 CFR part 52. We are also approving, but not
incorporating 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.
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 finalizing the incorporation by reference as described
in the amendments to 40 CFR part 52 set forth below. These materials
have been approved by the EPA for inclusion in the State Implementation
Plan, have been incorporated by reference by the 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 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
[[Page 69386]]
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.
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 December 5, 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. 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 19, 2016.
Dennis J. McLerran,
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. In Sec. 52.2470:
0
a. Amend paragraph (c):
0
i. ``Table 1--Regulations Approved Statewide'', by revising entries
173-476-020, 173-476-150, and 173-476-900.
0
ii. ``Table 2--Additional Regulations Approved for Washington
Department of Ecology (Ecology) Direct Jurisdiction'', by adding entry
173-400-025 in numerical order, and revising entries 173-400-040, 173-
400-050, 173-400-060, 173-400-070, 173-400-105, 173-400-111, 173-400-
116, 173-400-171, 173-400-710, 173-400-720, 173-400-730, 173-400-740,
173-400-810, 173-400-830, 173-400-840, and 173-400-850.
0
iii. ``Table 4--Additional Regulations Approved for the Benton Clean
Air Agency (BCAA) Jurisdiction'', by adding entry 173-400-025 in
numerical order, and revising entries 173-400-040, 173-400-050, 173-
400-060, 173-400-070, 173-400-105, 173-400-111, 173-400-171, 173-400-
810, 173-400-830, 173-400-840, and 173-400-850.
0
b. Amend paragraph (e), ``Table 1--Approved but Not Incorporated by
Reference Regulations'', by revising entry 173-400-260.
The additions and revisions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
[[Page 69387]]
Table 1--Regulations Approved Statewide
[Not applicable in 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]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/Subject effective date EPA Approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-476--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-476-020................. Applicability.... 07/01/16 10/06/16, [Insert ............................
Federal Register
citation].
* * * * * * *
173-476-150................. Ambient Air 07/01/16 10/06/16, [Insert ............................
Quality Standard Federal Register
for Ozone. citation].
* * * * * * *
173-476-900................. Table of 07/01/16 10/06/16, [Insert ............................
Standards. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-400-025.................... Adoption of Federal 07/01/16 10/06/16, [Insert ...................
Rules. Federal Register
citation].
* * * * * * *
173-400-040.................... General Standards 07/01/16 10/06/16, [Insert Except: 173-400-
for Maximum Federal Register 040(2)(c);
Emissions. citation]. 173-400-040(2)(d);
173-400-040(3);
173-400-040(5);
173-400-040(7),
second paragraph.
173-400-050.................... Emission Standards 07/01/16 10/06/16, [Insert Except: 173-400-
for Combustion and Federal Register 050(2);
Incineration Units. citation]. 173-400-050(4);
173-400-050(5);
173-400-050(6).
173-400-060.................... Emission Standards 07/01/16 10/06/16, [Insert ...................
for General Process Federal Register
Units. citation].
173-400-070.................... Emission Standards 07/01/16 10/06/16, [Insert Except: 173-400-
for Certain Source Federal Register 070(7);
Categories. citation]. 173-400-070(8).
* * * * * * *
173-400-105.................... Records, Monitoring, 07/01/16 10/06/16, [Insert ...................
and Reporting. Federal Register
citation].
* * * * * * *
173-400-111.................... Processing Notice of 07/01/16 10/06/16, [Insert Except: 173-400-
Construction Federal Register 111(3)(h); The
Applications for citation]. part of 173-400-
Sources, Stationary 111(8)(a)(v) that
Sources and says,
Portable Sources. ``and 173-460-
040,''; 173-400-
111(9).
* * * * * * *
173-400-116.................... Increment Protection 07/01/16 10/06/16, [Insert ...................
Federal Register
citation].
[[Page 69388]]
* * * * * * *
173-400-171.................... Public Notice and 07/01/16 10/06/16, [Insert Except: The part of
Opportunity for Federal Register 173-400-171(3)(b)
Public Comment. citation]. 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 10/06/16, [Insert ...................
Federal Register
citation].
173-400-720.................... Prevention of 07/01/16 10/06/16, [Insert Except: 173-400-
Significant Federal Register 720(4)(a)(i
Deterioration (PSD). citation]. through iv) and
173-400-720(4)(b)(
iii)(C).
173-400-730.................... Prevention of 07/01/16 10/06/16, [Insert ...................
Significant Federal Register
Deterioration. citation].
Application
Processing
Procedures.
173-400-740.................... PSD Permitting 07/01/16 10/06/16, [Insert ...................
Public Involvement. Federal Register
Requirements........ citation].
* * * * * * *
173-400-810.................... Major Stationary 07/01/16 10/06/16, [Insert ...................
Source and Major Federal Register
Modification citation].
Definitions.
* * * * * * *
173-400-830.................... Permitting 07/01/16 10/06/16, [Insert ...................
Requirements. Federal Register
citation].
173-400-840.................... Emission Offset 07/01/16 10/06/16, [Insert ...................
Requirements. Federal Register
citation].
173-400-850.................... Actual Emissions 07/01/16 10/06/16, [Insert ...................
Plantwide Federal Register
Applicability. citation].
Limitation (PAL)....
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
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
----------------------------------------------------------------------------------------------------------------
173-400-025.................... Adoption of Federal 07/01/16 10/06/16, [Insert ...................
Rules. Federal Register
citation].
[[Page 69389]]
* * * * * * *
173-400-040.................... General Standards 07/01/16 10/06/16, [Insert Except: 173-400-
for Maximum Federal Register 040(2)(c);
Emissions. citation]. 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).
173-400-050.................... Emission Standards 07/01/16 10/06/16, [Insert Except: 173-400-
for Combustion and Federal Register 050(2);
Incineration Units. citation]. 173-400-050(4);
173-400-050(5);
173-400-050(6).
173-400-060.................... Emission Standards 07/01/16 10/06/16, [Insert ...................
for General Process Federal Register
Units. citation].
173-400-070.................... Emission Standards 07/01/16 10/06/16, [Insert Except: 173-400-
for Certain Source Federal Register 070(7);
Categories. citation]. 173-400-070(8).
* * * * * * *
173-400-105.................... Records, Monitoring 07/01/16 10/06/16, [Insert ...................
and Reporting. Federal Register
citation].
* * * * * * *
173-400-111.................... Processing Notice of 07/01/16 10/06/16, [Insert Except: 173-400-
Construction Federal Register 111(3)(h);-- The
Applications for citation]. part of 173-400-
Sources, Stationary 111(8)(a)(v) that
Sources and says, ``and 173-
Portable Sources. 460-040,''; 173-
400-111(9).
* * * * * * *
173-400-171.................... Public Notice and 07/01/16 10/06/16, [Insert Except:-- The part
Opportunity for Federal Register of 173-400-
Public Comment. citation]. 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).
* * * * * * *
173-400-810.................... Major Stationary 07/01/16 10/06/16, [Insert ...................
Source and Major Federal Register
Modification citation].
Definitions.
* * * * * * *
173-400-830.................... Permitting 07/01/16 10/06/16, [Insert ...................
Requirements. Federal Register
citation].
173-400-840.................... Emission Offset 07/01/16 10/06/16, [Insert ...................
Requirements. Federal Register
citation].
173-400-850.................... Actual Emissions 07/01/16 10/06/16, [Insert ...................
Plantwide Federal Register
Applicability citation].
Limitation (PAL).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 69390]]
Table 1--Approved But Not Incorporated by Reference Regulations
----------------------------------------------------------------------------------------------------------------
State/local
State/local citation Title/Subject effective date EPA Approval date Explanations
----------------------------------------------------------------------------------------------------------------
Washington Department of Ecology Regulations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-400-260................. Conflict of 07/01/16 10/06/16, [Insert ............................
Interest. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-23862 Filed 10-5-16; 8:45 am]
BILLING CODE 6560-50-P
