Air Plan Approval; Washington: General Regulations for Air Pollution Sources, Energy Facility Site Evaluation Council, 24531-24537 [2017-10908]

Download as PDF Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations to: https://www.archives.gov/federalregister/cfr/ibr-locations.html. * * * * * [FR Doc. 2017–10911 Filed 5–26–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2016–0785; FRL–9963–12– Region 10] Air Plan Approval; Washington: General Regulations for Air Pollution Sources, Energy Facility Site Evaluation Council Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving updates to the Energy Facility Site Evaluation Council (EFSEC) air quality regulations in the Washington State Implementation Plan (SIP). The EFSEC regulations primarily adopt by reference the Washington Department of Ecology (Ecology) general air quality regulations, which the EPA approved in the fall of 2014 and spring of 2015. Consistent with our approval of the Ecology general air quality regulations, we are also approving revisions to EFSEC’s air quality regulations to implement the preconstruction permitting regulations for large industrial (major source) energy facilities in attainment and unclassifiable areas, called the Prevention of Significant Deterioration (PSD) program. The PSD program for major energy facilities under EFSEC’s jurisdiction has historically been operated under a Federal Implementation Plan (FIP), in cooperation with the EPA and Ecology. This final approval of the EFSEC PSD program transfers the authority for issuing PSD permits from EPA to EFSEC for all of the categories of energy facilities for which EFSEC has jurisdiction. This narrows the current FIP to cover only those energy facilities for which EFSEC does not have jurisdiction or authority. The EPA is also approving EFSEC’s visibility protection permitting program which overlaps significantly with the PSD program in most cases. DATES: This final rule is effective June 29, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2016–0785. All documents in the docket are listed on the https://www.regulations.gov Web sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 17:28 May 26, 2017 Jkt 241001 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. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Orders Review I. Background Information On March 22, 2017, the EPA proposed to approve revisions to EFSEC’s general air quality regulations in the SIP (82 FR 14648). An explanation of the Clean Air Act (CAA) 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 April 21, 2017. The EPA received one comment on the proposal. II. Response to Comments Comment: ‘‘We need to protect clean air. The regulations that decrease air pollution should be fully funded and enforced.’’ Response: The SIP revision package submitted jointly by Ecology and EFSEC discussed the personnel, funding, and authority provided by both agencies in operating the air quality program for sources under EFSEC’s jurisdiction. As discussed in our proposal, the EPA has worked cooperatively with Ecology and EFSEC for over twenty years in issuing PSD and visibility permits, as well as meeting other air quality requirements. Therefore, consistent with our proposal, PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 24531 we have determined that EFSEC has adequate personnel, funding, and authority to implement the PSD and visibility protection programs and that the revised EFSEC regulations meet the criteria for approval under CAA section 110. III. Final Action A. Regulations Approved and Incorporated by Reference Into the SIP The EPA is approving, and incorporating by reference, the submitted revisions to Chapter 463–78 Washington Administrative Code (WAC) set forth below as amendments to 40 CFR part 52. B. Approved But Not Incorporated by Reference Regulations In addition to the regulations approved and incorporated by reference, the EPA reviews and approves state submissions to ensure they provide adequate enforcement authority and other general authority to implement and enforce the SIP. However, regulations describing state enforcement and other general authorities are generally not incorporated by reference, so as to avoid potential conflict with the EPA’s independent authorities. The EPA has reviewed and is approving WAC 463–78–135 Criminal Penalties, WAC 463–78–140 Appeals Procedure (except subsections 3 and 4 which deal with permits outside the scope of CAA section 110), WAC 463–78–170 Conflict of Interest, and WAC 463–78–230 Regulatory Actions, as providing EFSEC with adequate enforcement and other general authority for purposes of implementing and enforcing its SIP, but is not incorporating these sections by reference into the SIP codified in 40 CFR 52.2470(c). Instead, the EPA is including these sections in 40 CFR 52.2470(e), EPA Approved Nonregulatory Provisions and QuasiRegulatory Measures, as approved but not incorporated by reference regulatory provisions. C. Regulations To Remove From the SIP As discussed in our July 10, 2014 proposed approval of revisions to Chapter 173–400 WAC, Ecology formerly relied on the registration program under WAC 173–400–100 for determining the applicability of the new source review (NSR) permitting program (see 79 FR 39351 at page 39354). By statutory directive, this means of determining NSR applicability was replaced by revisions to WAC 173–400– 110 which set inconsequential unit, activity, and emissions thresholds. In our October 3, 2014 final action, we E:\FR\FM\30MYR1.SGM 30MYR1 24532 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations approved WAC 173–400–110 as the means of determining NSR applicability, and at Ecology’s request, removed WAC 173–400–100 from the SIP (79 FR 59653). Consistent with our proposed and final approval of revisions to Chapter 173–400 WAC, we are now removing, at EFSEC’s request, WAC 463–39–100 Registration (recodified to WAC 463–78–100) from the SIP because it is no longer used as the means of determining NSR applicability. As discussed in the proposal for this action, EFSEC adopted by reference most of the provisions in Chapter 173– 400 WAC, but excluded certain provisions pertaining to authorities or source categories outside EFSEC’s jurisdiction. WAC 173–400–151 Retrofit Requirements for Visibility Protection is one such provision. The EPA’s May 23, 1996 approval of EFSEC’s regulations included the incorporation by reference of WAC 173–400–151 (61 FR 25791). These regulations establish Best Available Retrofit Technology (BART) as part of the visibility protection program for an ‘‘existing stationary facility.’’ Under WAC 173–400–151 an ‘‘existing stationary facility’’ is defined, among other factors, as a facility not in operation prior to August 7, 1962, and also in existence on August 7, 1977. EFSEC advised the EPA that there are no sources under EFSEC’s jurisdiction that meet the definition of BARTeligible sources. The EPA is therefore granting EFSEC’s request to remove the incorporation by reference of WAC 173– 400–151 from the SIP. sradovich on DSK3GMQ082PROD with RULES D. Transfer of Existing EPA-Issued PSD Permits As part of the SIP revision package, EFSEC requested approval to exercise its authority to fully administer the PSD program with respect to those sources under EFSEC’s permitting jurisdiction that have existing PSD permits issued by the EPA. This includes authority to conduct general administration of these existing permits, authority to process and issue any and all subsequent PSD permit actions relating to such permits (e.g., modifications, amendments, or revisions of any nature), and authority to enforce such permits. Since 1993, EFSEC has had partial delegation of the PSD permitting program under the FIP and the EPA permits subject to transfer were also issued under state authority. EFSEC, in coordination with Ecology, has demonstrated adequate authority to enforce and modify these permits. Concurrent with our final approval of EFSEC’s PSD program into the Washington SIP, we are transferring the EPA-issued permits to EFSEC for the VerDate Sep<11>2014 17:28 May 26, 2017 Jkt 241001 Chehalis Generation Facility and Grays Harbor Energy Center facilities. E. Scope of Final Action The EFSEC PSD and visibility permitting programs primarily incorporate Chapter 173–400 by reference and the December 20, 2016 SIP revision package requested that the EPA approve the updated EFSEC regulations consistent with our prior approval of the Ecology regulations. As discussed in our April 29, 2015 approval of Ecology’s regulations under Chapter 173–400 WAC, Washington State does not regulate certain carbon dioxide emissions from industrial combustion of biomass under its PSD program. See 80 FR 23721, at page 23722. We are therefore revising the PSD FIP at 40 CFR 52.2497 and the visibility protection FIP at 40 CFR 52.2498 to reflect the approval of EFSEC’s PSD and visibility permitting programs, consistent with our prior approval of Chapter 173–400 WAC. Also as discussed in our prior approval of Ecology’s updated Chapter 173–400 WAC regulations, the EPA is excluding from the scope of this approval of EFSEC’s PSD and visibility permitting programs all Indian reservations in the State, except for nontrust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area), and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. See 80 FR 23721, at page 23726. Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and local air agencies in Washington authority over activities on non-trust lands within the 1873 Survey Area and the EPA is therefore approving EFESEC’s PSD and visibility permitting programs into the SIP with respect to such lands. IV. 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 SIP, 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 the EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 next update to the SIP compilation.1 The EPA has made, and will continue to make, these materials generally available through https:// 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 Orders Review Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and • does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using 1 62 FR 27968 (May 22, 1997). E:\FR\FM\30MYR1.SGM 30MYR1 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not impose substantial direct costs on tribal governments or preempt tribal law. The SIP is not approved to apply in Indian country located in the state, except for non-trust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area), or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Consistent with EPA policy, the EPA provided a consultation opportunity to the Puyallup Tribe in a letter dated July 1, 2016. The EPA did not receive a request for consultation. 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 31, 2017. 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, 24533 Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: May 17, 2017. Michelle L. Pirzadeh, Acting 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. Amend § 52.2470 by revising Table 3 of paragraph (c) and Table 1 of paragraph (e), to read as follows: ■ § 52.2470 * Identification of plan. * * (c) * * * * * TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC) JURISDICTION [See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability] State citation State effective date Title/subject EPA approval date Explanations Washington Administrative Code, Chapter 463–78—General and Operating Permit Regulations for Air Pollution Sources 78–005 ................................... Adoption by Reference .......... 8/27/15 5/30/17, [Insert Federal Register citation]. 78–010 ................................... Purpose .................................. 8/27/15 78–020 ................................... Applicability ............................ 11/11/04 78–030 ................................... Additional Definitions ............. 8/27/15 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 78–095 ................................... Permit Issuance ..................... 8/27/15 78–120 ................................... Monitoring and Special Report. 11/11/04 Except: (2), (3), (4), and (5). See below for revised Chapter 173–400 WAC provisions incorporated by reference. Except references to 173– 401–200 and 173–406– 101. 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. Washington Administrative Code, Chapter 173–400 Regulations Incorporated by Reference in WAC 463–78–005 sradovich on DSK3GMQ082PROD with RULES 173–400–030 ......................... Definitions .............................. 12/29/12 173–400–036 ......................... Relocation of Portable Sources. General Standards for Maximum Emissions. 12/29/12 173–400–040 ......................... VerDate Sep<11>2014 17:28 May 26, 2017 Jkt 241001 PO 00000 Frm 00079 4/1/11 Fmt 4700 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation].. 5/30/17, [Insert Federal Register citation]. Sfmt 4700 E:\FR\FM\30MYR1.SGM 30MYR1 Except: 173–400–030(91). 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. 24534 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC) JURISDICTION—Continued [See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability] State effective date State citation Title/subject 173–400–050 ......................... Emission Standards for Combustion and Incineration Units. Emission Standards for General Process Units. Emission Standards for Certain Source Categories. 173–400–060 ......................... 173–400–070 ......................... 12/29/12 12/29/12 Startup and Shutdown ........... 4/1/11 173–400–091 ......................... Voluntary Limits on Emissions 4/1/11 173–400–105 ......................... Records, Monitoring, and Reporting. Excess Emissions .................. New Source Review (NSR) for Sources and Portable Sources. 12/29/12 sradovich on DSK3GMQ082PROD with RULES VerDate Sep<11>2014 17:28 May 26, 2017 Jkt 241001 PO 00000 Frm 00080 Explanations 5/30/17, [Insert Federal Register citation]. Except: 173–400–050(2); 173–400–050(4); 173–400– 050(5). 5/30/17, [Insert Federal Register citation]. Except: 173–400–070(1); 173–400–070(2); 173–400– 070(3); 173–400–070(4); 173–400–070(6); 173–400– 070(7); 173–400–070(8). 2/10/05 173–400–081 ......................... 173–400–107 ......................... 173–400–110 ......................... EPA approval date 9/20/93 12/29/12 Fmt 4700 5/30/17, [Insert Federal ister citation]. 5/30/17, [Insert Federal ister citation]. 5/30/17, [Insert Federal ister citation]. 6/2/95, 60 FR 28726. 5/30/17, [Insert Federal ister citation]. Sfmt 4700 E:\FR\FM\30MYR1.SGM RegRegReg- Reg- 30MYR1 Except: 173–400–110(1)(c)(ii)(C); 173–400–110(1)(e); 173– 400–110(2)(d); The part of WAC 173–400– 110(4)(b)(vi) that says, ‘‘not for use with materials containing toxic air pollutants, as listed in chapter 173– 460 WAC,’’;. The part of 400–110 (4)(e)(iii) that says, ‘‘where toxic air pollutants as defined in chapter 173–460 WAC are not emitted’’;. The part of 400–110(4)(f)(i) that says, ‘‘that are not toxic air pollutants listed in chapter 173–460 WAC’’;. The part of 400–110 (4)(h)(xviii) that says, ‘‘, to the extent that toxic air pollutant gases as defined in chapter 173–460 WAC are not emitted’’; The part of 400–110 (4)(h)(xxxiii) that says, ‘‘where no toxic air pollutants as listed under chapter 173–460 WAC are emitted’’;. The part of 400– 110(4)(h)(xxxiv) that says, ‘‘, or ≤ 1% (by weight) toxic air pollutants as listed in chapter 173–460 WAC’’;. The part of 400– 110(4)(h)(xxxv) that says, ‘‘or ≤ 1% (by weight) toxic air pollutants’’; The part of 400–110(4)(h)(xxxvi) that says, ‘‘or ≤ 1% (by weight) toxic air pollutants as listed in chapter 173–460 WAC’’;. 400–110(4)(h)(xl) , second sentence; The last row of the table in 173–400– 110(5)(b) regarding exemption levels for Toxic Air Pollutants. Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24535 TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC) JURISDICTION—Continued [See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability] State citation State effective date Title/subject EPA approval date 173–400–111 ......................... Processing Notice of Construction Applications for Sources, Stationary Sources and Portable Sources. 12/29/12 5/30/17, [Insert Federal Register citation]. 173–400–112 ......................... Requirements for New Sources in Nonattainment Areas—Review for Compliance with Regulations. New Sources in Attainment or Unclassifiable Areas—Review for Compliance with Regulations. Increment Protection .............. 12/29/12 5/30/17, [Insert Federal Register citation]. 12/29/12 5/30/17, [Insert Federal Register citation]. 9/10/11 Special Protection Requirements for Federal Class I Areas. Issuance of Emission Reduction Credits. Use of Emission Reduction Credits (ERC). Compliance Schedules .......... Public Notice and Opportunity for Public Comment. 12/29/12 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 173–400–175 ......................... Public Information .................. 2/10/05 173–400–190 ......................... Requirements for Nonattainment Areas. Creditable Stack Height and Dispersion Techniques. Adjustment for Atmospheric Conditions. Review of Major Stationary Sources of Air Pollution. Definitions .............................. 3/22/91 173–400–113 ......................... 173–400–116 ......................... 173–400–117 ......................... 173–400–131 ......................... 173–400–136 ......................... 173–400–161 ......................... 173–400–171 ......................... 173–400–200 ......................... 173–400–205 ......................... 173–400–700 ......................... 173–400–710 ......................... 4/1/11 4/1/11 3/22/91 12/29/12 2/10/05 3/22/91 4/1/11 12/29/12 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 6/2/95, 60 FR 28726 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 12/29/12 173–400–730 ......................... Prevention of Significant Deterioration Application Processing Procedures. PSD Permitting Public Involvement Requirements. Revisions to PSD Permits ..... 12/29/12 5/30/17, [Insert Federal Register citation]. 12/29/12 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 173–400–750 ......................... 173–400–800 ......................... VerDate Sep<11>2014 17:28 May 26, 2017 12/29/12 Major Stationary Source and Major Modification in a Nonattainment Area. Jkt 241001 PO 00000 Frm 00081 4/1/11 Fmt 4700 Except: 173–400–113(3), second sentence. 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). 5/30/17, [Insert Federal Register citation]. 6/2/95, 60 FR 28726 Prevention of Significant Deterioration (PSD). 173–400–740 ......................... Except: 173–400–111(3)(h); 173–400–111(5)(a) (last six words); 173–400–111(6); The part of 173–400– 111(8)(a)(v) that says, ‘‘and 173–460–040,’’; 173–400– 111(9). 5/30/17, [Insert Federal Register citation]. 6/2/95, 60 FR 28726 173–400–720 ......................... sradovich on DSK3GMQ082PROD with RULES Explanations Sfmt 4700 E:\FR\FM\30MYR1.SGM 30MYR1 Except: 173–400–720(4)(a)(i through iv); 173–400– 720(4)(b)(iii)(C); and 173– 400–720(4)(a)(vi) with respect to the incorporation by reference of the text in 40 CFR 52.21(b)(49)(v). * For the purpose of EFSEC’s incorporation by reference of 40 CFR 52.21, the date in WAC 173–400–720 (4)(a)(vi) is May 1, 2015. Except 173–400–730(4). Except: 173–400–750(2) second sentence. 24536 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC) JURISDICTION—Continued [See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability] State effective date State citation Title/subject 173–400–810 ......................... Major Stationary Source and Major Modification Definitions. Determining if a New Stationary Source or Modification to a Stationary Source is Subject to these Requirements. Permitting Requirements ....... 173–400–820 ......................... 173–400–830 ......................... 173–400–840 ......................... 173–400–850 ......................... 173–400–860 ......................... * * * * Emission Offset Requirements. Actual Emissions Plantwide Applicability Limitation (PAL). Public Involvement Procedures. * EPA approval date Explanations 12/29/12 5/30/17, [Insert Federal Register citation]. 12/29/12 5/30/17, [Insert Federal Register citation]. 12/29/12 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 5/30/17, [Insert Federal Register citation]. 12/29/12 12/29/12 4/1/11 5/30/17, [Insert Federal Register citation]. (e) * * * 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 173–400–220 ......................... 173–400–230 173–400–240 173–400–250 173–400–260 173–433–200 ......................... ......................... ......................... ......................... ......................... Requirements for Board Members. Regulatory Actions ................. Criminal Penalties .................. Appeals .................................. Conflict of Interest .................. Regulatory Actions and Penalties. 3/22/91 6/2/95, 60 FR 28726 .............. 3/20/93 3/22/91 9/20/93 07/01/16 10/18/90 6/2/95, 60 FR 28726 .............. 6/2/95, 60 FR 28726 .............. 6/2/95, 60 FR 28726 .............. 10/6/16, 81 FR 69385 ............ 1/15/93, 58 FR 4578 .............. Energy Facility Site Evaluation Council Regulations 463–78–135 ........................... Criminal Penalties .................. 11/11/04 463–78–140 ........................... Appeals Procedure ................ 3/26/06 463–78–170 ........................... Conflict of Interest .................. 11/11/04 463–78–230 ........................... Regulatory Actions ................. 11/11/04 5/30/17, [Insert FEDERAL ISTER citation]. 5/30/17, [Insert FEDERAL ISTER citation]. 5/30/17, [Insert FEDERAL ISTER citation]. 5/30/17, [Insert FEDERAL ISTER citation]. REGREGREGREG- Benton Clean Air Agency Regulations 2.01 ........................................ 2.02 ........................................ 2.03 ........................................ sradovich on DSK3GMQ082PROD with RULES 2.04 ........................................ 2.05 ........................................ 2.06 ........................................ Powers and Duties of the Benton Clean Air Agency (BCAA). Requirements for Board of Directors Members. Powers and Duties of the Board of Directors. Powers and Duties of the Control Officer. Severability ............................ Confidentiality of Records and Information. 12/11/14 11/17/15, 80 FR 71695 .......... 12/11/14 11/17/15, 80 FR 71695 .......... 12/11/14 11/17/15, 80 FR 71695 .......... 12/11/14 11/17/15, 80 FR 71695 .......... 12/11/14 12/11/14 11/17/15, 80 FR 71695 .......... 11/17/15, 80 FR 71695 .......... Olympic Region Clean Air Agency Regulations 8.1.6 ....................................... VerDate Sep<11>2014 17:28 May 26, 2017 Penalties ................................ Jkt 241001 PO 00000 Frm 00082 5/22/10 Fmt 4700 10/3/13, 78 FR 61188 ............ Sfmt 4700 E:\FR\FM\30MYR1.SGM 30MYR1 Except (3) and (4). Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24537 TABLE 1—APPROVED BUT NOT INCORPORATED BY REFERENCE REGULATIONS—Continued State/local citation State/local effective date Title/subject EPA approval date Explanations Southwest Clean Air Agency Regulations 400–220 ................................. 400–230 ................................. 400–240 400–250 400–260 400–270 ................................. ................................. ................................. ................................. 400–280 ................................. Requirements for Board Members. Regulatory Actions and Civil Penalties. Criminal Penalties .................. Appeals .................................. Conflict of Interest .................. Confidentiality of Records and Information. Powers of Agency .................. 3/18/01 04/10/17, 82 FR 17136 .......... 10/9/16 04/10/17, 82 FR 17136 .......... 3/18/01 11/9/03 3/18/01 11/9/03 04/10/17, 04/10/17, 04/10/17, 04/10/17, 3/18/01 04/10/17, 82 FR 17136 .......... 82 82 82 82 FR FR FR FR 17136 17136 17136 17136 .......... .......... .......... .......... Spokane Regional Clean Air Agency Regulations 8.11 ........................................ Regulatory Actions and Penalties. * * * * * ■ 3. Amend § 52.2497 by revising paragraph (a) to read as follows: sradovich on DSK3GMQ082PROD with RULES § 52.2497 quality. Significant deterioration of air (a) The requirements of sections 160 through 165 of the Clean Air Act are not fully met because the plan does not include approvable procedures for preventing the significant deterioration of air quality from: (1) Facilities with carbon dioxide (CO2) emissions from the industrial combustion of biomass in the following circumstances: (i) Where a new major stationary source or major modification would be subject to Prevention of Significant Deterioration (PSD) requirements for greenhouse gases (GHGs) under 40 CFR 52.21 but would not be subject to PSD under the state implementation plan (SIP) because CO2 emissions from the industrial combustion of biomass are excluded from consideration as GHGs as a matter of state law under RCW 70.235.020(3); or (ii) Where a new major stationary source or major modification is subject to PSD for GHGs under both the Washington SIP and the FIP, but CO2 emissions from the industrial combustion of biomass are excluded from consideration in the Ecology PSD permitting process because of the exclusion in RCW 70.235.020(3); (2) Indian reservations in Washington, except for non-trust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area) as provided in the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, and any other area where the EPA or an Indian VerDate Sep<11>2014 17:28 May 26, 2017 Jkt 241001 09/02/14 09/28/15, 80 FR 58216 .......... tribe has demonstrated that a tribe has jurisdiction. (3) Sources subject to PSD permits issued by the EPA prior to August 7, 1977, but only with respect to the general administration of any such permits still in effect (e.g., modifications, amendments, or revisions of any nature). * * * * * 4. Amend § 52.2498 by revising paragraph (a) to read as follows: ■ § 52.2498 40 CFR Part 52 [VA203–5204; FRL–9957–86–Region 3] Air Plan Approval; Virginia; Update to Materials Incorporated by Reference Environmental Protection Agency (EPA). AGENCY: ACTION: Final rule; administrative change. Visibility protection. (a) The requirements of section 169A of the Clean Air Act are not fully met because the plan does not include approvable procedures for visibility new source review for: (1) Sources subject to the jurisdiction of local air authorities (except Benton Clean Air Agency and Southwest Clean Air Agency); (2) Indian reservations in Washington except for non-trust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area) as provided in the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. * * * * * [FR Doc. 2017–10908 Filed 5–26–17; 8:45 am] BILLING CODE 6560–50–P PO 00000 ENVIRONMENTAL PROTECTION AGENCY Frm 00083 Fmt 4700 Sfmt 4700 The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Virginia state implementation plan (SIP). The regulations affected by this update have been previously submitted by the Virginia Department of Environmental Quality (VADEQ) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office. SUMMARY: This action is effective May 30, 2017, except that amendatory instruction 2.d amending 40 CFR 52.2420(e) is effective June 9, 2017. DATES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; or NARA. For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. ADDRESSES: E:\FR\FM\30MYR1.SGM 30MYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24531-24537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10908]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0785; FRL-9963-12-Region 10]

Air Plan Approval; Washington: General Regulations for Air
Pollution Sources, Energy Facility Site Evaluation Council

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving updates
to the Energy Facility Site Evaluation Council (EFSEC) air quality
regulations in the Washington State Implementation Plan (SIP). The
EFSEC regulations primarily adopt by reference the Washington
Department of Ecology (Ecology) general air quality regulations, which
the EPA approved in the fall of 2014 and spring of 2015. Consistent
with our approval of the Ecology general air quality regulations, we
are also approving revisions to EFSEC's air quality regulations to
implement the preconstruction permitting regulations for large
industrial (major source) energy facilities in attainment and
unclassifiable areas, called the Prevention of Significant
Deterioration (PSD) program. The PSD program for major energy
facilities under EFSEC's jurisdiction has historically been operated
under a Federal Implementation Plan (FIP), in cooperation with the EPA
and Ecology. This final approval of the EFSEC PSD program transfers the
authority for issuing PSD permits from EPA to EFSEC for all of the
categories of energy facilities for which EFSEC has jurisdiction. This
narrows the current FIP to cover only those energy facilities for which
EFSEC does not have jurisdiction or authority. The EPA is also
approving EFSEC's visibility protection permitting program which
overlaps significantly with the PSD program in most cases.

DATES: This final rule is effective June 29, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2016-0785. 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. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background Information

On March 22, 2017, the EPA proposed to approve revisions to EFSEC's
general air quality regulations in the SIP (82 FR 14648). An
explanation of the Clean Air Act (CAA) 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 April 21, 2017. The EPA received one comment on the proposal.

II. Response to Comments

Comment: ``We need to protect clean air. The regulations that
decrease air pollution should be fully funded and enforced.''
Response: The SIP revision package submitted jointly by Ecology and
EFSEC discussed the personnel, funding, and authority provided by both
agencies in operating the air quality program for sources under EFSEC's
jurisdiction. As discussed in our proposal, the EPA has worked
cooperatively with Ecology and EFSEC for over twenty years in issuing
PSD and visibility permits, as well as meeting other air quality
requirements. Therefore, consistent with our proposal, we have
determined that EFSEC has adequate personnel, funding, and authority to
implement the PSD and visibility protection programs and that the
revised EFSEC regulations meet the criteria for approval under CAA
section 110.

III. Final Action

A. Regulations Approved and Incorporated by Reference Into the SIP

The EPA is approving, and incorporating by reference, the submitted
revisions to Chapter 463-78 Washington Administrative Code (WAC) set
forth below as amendments to 40 CFR part 52.

B. Approved But Not Incorporated by Reference Regulations

In addition to the regulations approved and incorporated by
reference, the EPA reviews and approves state submissions to ensure
they provide adequate enforcement authority and other general authority
to implement and enforce the SIP. However, regulations describing state
enforcement and other general authorities are generally not
incorporated by reference, so as to avoid potential conflict with the
EPA's independent authorities. The EPA has reviewed and is approving
WAC 463-78-135 Criminal Penalties, WAC 463-78-140 Appeals Procedure
(except subsections 3 and 4 which deal with permits outside the scope
of CAA section 110), WAC 463-78-170 Conflict of Interest, and WAC 463-
78-230 Regulatory Actions, as providing EFSEC with adequate enforcement
and other general authority for purposes of implementing and enforcing
its SIP, but is not incorporating these sections by reference into the
SIP codified in 40 CFR 52.2470(c). Instead, the EPA is including these
sections in 40 CFR 52.2470(e), EPA Approved Nonregulatory Provisions
and Quasi-Regulatory Measures, as approved but not incorporated by
reference regulatory provisions.

C. Regulations To Remove From the SIP

As discussed in our July 10, 2014 proposed approval of revisions to
Chapter 173-400 WAC, Ecology formerly relied on the registration
program under WAC 173-400-100 for determining the applicability of the
new source review (NSR) permitting program (see 79 FR 39351 at page
39354). By statutory directive, this means of determining NSR
applicability was replaced by revisions to WAC 173-400-110 which set
inconsequential unit, activity, and emissions thresholds. In our
October 3, 2014 final action, we

[[Page 24532]]

approved WAC 173-400-110 as the means of determining NSR applicability,
and at Ecology's request, removed WAC 173-400-100 from the SIP (79 FR
59653). Consistent with our proposed and final approval of revisions to
Chapter 173-400 WAC, we are now removing, at EFSEC's request, WAC 463-
39-100 Registration (recodified to WAC 463-78-100) from the SIP because
it is no longer used as the means of determining NSR applicability.
As discussed in the proposal for this action, EFSEC adopted by
reference most of the provisions in Chapter 173-400 WAC, but excluded
certain provisions pertaining to authorities or source categories
outside EFSEC's jurisdiction. WAC 173-400-151 Retrofit Requirements for
Visibility Protection is one such provision. The EPA's May 23, 1996
approval of EFSEC's regulations included the incorporation by reference
of WAC 173-400-151 (61 FR 25791). These regulations establish Best
Available Retrofit Technology (BART) as part of the visibility
protection program for an ``existing stationary facility.'' Under WAC
173-400-151 an ``existing stationary facility'' is defined, among other
factors, as a facility not in operation prior to August 7, 1962, and
also in existence on August 7, 1977. EFSEC advised the EPA that there
are no sources under EFSEC's jurisdiction that meet the definition of
BART-eligible sources. The EPA is therefore granting EFSEC's request to
remove the incorporation by reference of WAC 173-400-151 from the SIP.

D. Transfer of Existing EPA-Issued PSD Permits

As part of the SIP revision package, EFSEC requested approval to
exercise its authority to fully administer the PSD program with respect
to those sources under EFSEC's permitting jurisdiction that have
existing PSD permits issued by the EPA. This includes authority to
conduct general administration of these existing permits, authority to
process and issue any and all subsequent PSD permit actions relating to
such permits (e.g., modifications, amendments, or revisions of any
nature), and authority to enforce such permits. Since 1993, EFSEC has
had partial delegation of the PSD permitting program under the FIP and
the EPA permits subject to transfer were also issued under state
authority. EFSEC, in coordination with Ecology, has demonstrated
adequate authority to enforce and modify these permits. Concurrent with
our final approval of EFSEC's PSD program into the Washington SIP, we
are transferring the EPA-issued permits to EFSEC for the Chehalis
Generation Facility and Grays Harbor Energy Center facilities.

E. Scope of Final Action

The EFSEC PSD and visibility permitting programs primarily
incorporate Chapter 173-400 by reference and the December 20, 2016 SIP
revision package requested that the EPA approve the updated EFSEC
regulations consistent with our prior approval of the Ecology
regulations. As discussed in our April 29, 2015 approval of Ecology's
regulations under Chapter 173-400 WAC, Washington State does not
regulate certain carbon dioxide emissions from industrial combustion of
biomass under its PSD program. See 80 FR 23721, at page 23722. We are
therefore revising the PSD FIP at 40 CFR 52.2497 and the visibility
protection FIP at 40 CFR 52.2498 to reflect the approval of EFSEC's PSD
and visibility permitting programs, consistent with our prior approval
of Chapter 173-400 WAC.
Also as discussed in our prior approval of Ecology's updated
Chapter 173-400 WAC regulations, the EPA is excluding from the scope of
this approval of EFSEC's PSD and visibility permitting programs all
Indian reservations in the State, except for nontrust land within the
exterior boundaries of the Puyallup Indian Reservation (also known as
the 1873 Survey Area), and any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. See 80 FR 23721,
at page 23726. Under the Puyallup Tribe of Indians Settlement Act of
1989, 25 U.S.C. 1773, Congress explicitly provided state and local air
agencies in Washington authority over activities on non-trust lands
within the 1873 Survey Area and the EPA is therefore approving EFESEC's
PSD and visibility permitting programs into the SIP with respect to
such lands.

IV. 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 SIP, 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 the EPA's approval, and will
be incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\1\ The EPA has made, and will
continue to make, these materials generally available through https://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).
---------------------------------------------------------------------------

V. Statutory and Executive Orders Review

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using

[[Page 24533]]

practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it will not impose substantial direct costs on tribal
governments or preempt tribal law. The SIP is not approved to apply in
Indian country located in the state, except for non-trust land within
the exterior boundaries of the Puyallup Indian Reservation (also known
as the 1873 Survey Area), or any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. Consistent with
EPA policy, the EPA provided a consultation opportunity to the Puyallup
Tribe in a letter dated July 1, 2016. The EPA did not receive a request
for consultation.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2017. 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: May 17, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart WW--Washington

0
2. Amend Sec. 52.2470 by revising Table 3 of paragraph (c) and Table 1
of paragraph (e), to read as follows:

Sec. 52.2470 Identification of plan.

* * * * *
(c) * * *

Table 3--Additional Regulations Approved For The Energy Facilities Site Evaluation Council (EFSEC) Jurisdiction
[See the SIP-approved provisions of WAC 463-78-020 for jurisdictional applicability]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 463-78--General and Operating Permit Regulations for Air Pollution
Sources
----------------------------------------------------------------------------------------------------------------
78-005........................... Adoption by 8/27/15 5/30/17, [Insert Except: (2), (3),
Reference. Federal Register (4), and (5). See
citation]. below for revised
Chapter 173-400
WAC provisions
incorporated by
reference.
78-010........................... Purpose............ 8/27/15 5/30/17, [Insert
Federal Register
citation].
78-020........................... Applicability...... 11/11/04 5/30/17, [Insert
Federal Register
citation].
78-030........................... Additional 8/27/15 5/30/17, [Insert Except references
Definitions. Federal Register to 173-401-200 and
citation]. 173-406-101.
78-095........................... Permit Issuance.... 8/27/15 5/30/17, [Insert
Federal Register
citation].
78-120........................... Monitoring and 11/11/04 5/30/17, [Insert
Special Report. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400 Regulations Incorporated by Reference in WAC 463-78-005
----------------------------------------------------------------------------------------------------------------
173-400-030...................... Definitions........ 12/29/12 5/30/17, [Insert Except: 173-400-
Federal Register 030(91).
citation].
173-400-036...................... Relocation of 12/29/12 5/30/17, [Insert
Portable Sources. Federal Register
citation]..
173-400-040...................... General Standards 4/1/11 5/30/17, [Insert Except: 173-400-
for Maximum Federal Register 040(2)(c); 173-400-
Emissions. citation]. 040(2)(d); 173-400-
040(3); 173-400-
040(5); 173-400-
040(7), second
paragraph.

[[Page 24534]]

173-400-050...................... Emission Standards 12/29/12 5/30/17, [Insert Except: 173-400-
for Combustion and Federal Register 050(2); 173-400-
Incineration Units. citation]. 050(4); 173-400-
050(5).
173-400-060...................... Emission Standards 2/10/05
for General
Process Units.
173-400-070...................... Emission Standards 12/29/12 5/30/17, [Insert Except: 173-400-
for Certain Source Federal Register 070(1); 173-400-
Categories. citation]. 070(2); 173-400-
070(3); 173-400-
070(4); 173-400-
070(6); 173-400-
070(7); 173-400-
070(8).
173-400-081...................... Startup and 4/1/11 5/30/17, [Insert
Shutdown. Federal Register
citation].
173-400-091...................... Voluntary Limits on 4/1/11 5/30/17, [Insert
Emissions. Federal Register
citation].
173-400-105...................... Records, 12/29/12 5/30/17, [Insert
Monitoring, and Federal Register
Reporting. citation].
173-400-107...................... Excess Emissions... 9/20/93 6/2/95, 60 FR
28726.
173-400-110...................... New Source Review 12/29/12 5/30/17, [Insert Except:
(NSR) for Sources Federal Register 173-400-110(1)(c)(i
and Portable citation]. i)(C); 173-400-
Sources. 110(1)(e); 173-400-
110(2)(d); The
part of WAC 173-
400-110(4)(b)(vi)
that says, ``not
for use with
materials
containing toxic
air pollutants, as
listed in chapter
173-460 WAC,'';.
.............. The part of 400-110
(4)(e)(iii) that
says, ``where
toxic air
pollutants as
defined in chapter
173-460 WAC are
not emitted'';.
.............. The part of 400-
110(4)(f)(i) that
says, ``that are
not toxic air
pollutants listed
in chapter 173-460
WAC'';.
.............. The part of 400-110
(4)(h)(xviii) that
says, ``, to the
extent that toxic
air pollutant
gases as defined
in chapter 173-460
WAC are not
emitted''; The
part of 400-110
(4)(h)(xxxiii)
that says, ``where
no toxic air
pollutants as
listed under
chapter 173-460
WAC are
emitted'';.
.............. The part of 400-
110(4)(h)(xxxiv)
that says, ``, or
<= 1% (by weight)
toxic air
pollutants as
listed in chapter
173-460 WAC'';.
.............. The part of 400-
110(4)(h)(xxxv)
that says, ``or <=
1% (by weight)
toxic air
pollutants''; The
part of 400-
110(4)(h)(xxxvi)
that says, ``or <=
1% (by weight)
toxic air
pollutants as
listed in chapter
173-460 WAC'';.
.............. 400-110(4)(h)(xl) ,
second sentence;
The last row of
the table in 173-
400-110(5)(b)
regarding
exemption levels
for Toxic Air
Pollutants.

[[Page 24535]]

173-400-111...................... Processing Notice 12/29/12 5/30/17, [Insert Except: 173-400-
of Construction Federal Register 111(3)(h); 173-400-
Applications for citation]. 111(5)(a) (last
Sources, six words); 173-
Stationary Sources 400-111(6); The
and Portable part of 173-400-
Sources. 111(8)(a)(v) that
says, ``and 173-
460-040,''; 173-
400-111(9).
173-400-112...................... Requirements for 12/29/12 5/30/17, [Insert
New Sources in Federal Register
Nonattainment citation].
Areas--Review for
Compliance with
Regulations.
173-400-113...................... New Sources in 12/29/12 5/30/17, [Insert Except: 173-400-
Attainment or Federal Register 113(3), second
Unclassifiable citation]. sentence.
Areas--Review for
Compliance with
Regulations.
173-400-116...................... Increment 9/10/11 5/30/17, [Insert
Protection. Federal Register
citation].
173-400-117...................... Special Protection 12/29/12 5/30/17, [Insert
Requirements for Federal Register
Federal Class I citation].
Areas.
173-400-131...................... Issuance of 4/1/11 5/30/17, [Insert
Emission Reduction Federal Register
Credits. citation].
173-400-136...................... Use of Emission 4/1/11 5/30/17, [Insert
Reduction Credits Federal Register
(ERC). citation].
173-400-161...................... Compliance 3/22/91 6/2/95, 60 FR 28726
Schedules.
173-400-171...................... Public Notice and 12/29/12 5/30/17, [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).
173-400-175...................... Public Information. 2/10/05 5/30/17, [Insert
Federal Register
citation].
173-400-190...................... Requirements for 3/22/91 6/2/95, 60 FR 28726
Nonattainment
Areas.
173-400-200...................... Creditable Stack 2/10/05 5/30/17, [Insert
Height and Federal Register
Dispersion citation].
Techniques.
173-400-205...................... Adjustment for 3/22/91 6/2/95, 60 FR 28726
Atmospheric
Conditions.
173-400-700...................... Review of Major 4/1/11 5/30/17, [Insert
Stationary Sources Federal Register
of Air Pollution. citation].
173-400-710...................... Definitions........ 12/29/12 5/30/17, [Insert
Federal Register
citation].
173-400-720...................... Prevention of 12/29/12 5/30/17, [Insert Except: 173-400-
Significant Federal Register 720(4)(a)(i
Deterioration citation]. through iv); 173-
(PSD). 400-720(4)(b)(iii)
(C); and 173-400-
720(4)(a)(vi) with
respect to the
incorporation by
reference of the
text in 40 CFR
52.21(b)(49)(v).
* For the purpose
of EFSEC's
incorporation by
reference of 40
CFR 52.21, the
date in WAC 173-
400-720 (4)(a)(vi)
is May 1, 2015.
173-400-730...................... Prevention of 12/29/12 5/30/17, [Insert Except 173-400-
Significant Federal Register 730(4).
Deterioration citation].
Application
Processing
Procedures.
173-400-740...................... PSD Permitting 12/29/12 5/30/17, [Insert
Public Involvement Federal Register
Requirements. citation].
173-400-750...................... Revisions to PSD 12/29/12 5/30/17, [Insert Except: 173-400-
Permits. Federal Register 750(2) second
citation]. sentence.
173-400-800...................... Major Stationary 4/1/11 5/30/17, [Insert
Source and Major Federal Register
Modification in a citation].
Nonattainment Area.

[[Page 24536]]

173-400-810...................... Major Stationary 12/29/12 5/30/17, [Insert
Source and Major Federal Register
Modification citation].
Definitions.
173-400-820...................... Determining if a 12/29/12 5/30/17, [Insert
New Stationary Federal Register
Source or citation].
Modification to a
Stationary Source
is Subject to
these Requirements.
173-400-830...................... Permitting 12/29/12 5/30/17, [Insert
Requirements. Federal Register
citation].
173-400-840...................... Emission Offset 12/29/12 5/30/17, [Insert
Requirements. Federal Register
citation].
173-400-850...................... Actual Emissions 12/29/12 5/30/17, [Insert
Plantwide Federal Register
Applicability citation].
Limitation (PAL).
173-400-860...................... Public Involvement 4/1/11 5/30/17, [Insert
Procedures. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
(e) * * *

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
----------------------------------------------------------------------------------------------------------------
173-400-220...................... Requirements for 3/22/91 6/2/95, 60 FR 28726
Board Members.
173-400-230...................... Regulatory Actions. 3/20/93 6/2/95, 60 FR 28726
173-400-240...................... Criminal Penalties. 3/22/91 6/2/95, 60 FR 28726
173-400-250...................... Appeals............ 9/20/93 6/2/95, 60 FR 28726
173-400-260...................... Conflict of 07/01/16 10/6/16, 81 FR
Interest. 69385.
173-433-200...................... Regulatory Actions 10/18/90 1/15/93, 58 FR 4578
and Penalties.
----------------------------------------------------------------------------------------------------------------
Energy Facility Site Evaluation Council Regulations
----------------------------------------------------------------------------------------------------------------
463-78-135....................... Criminal Penalties. 11/11/04 5/30/17, [Insert
Federal Register
citation].
463-78-140....................... Appeals Procedure.. 3/26/06 5/30/17, [Insert Except (3) and (4).
Federal Register
citation].
463-78-170....................... Conflict of 11/11/04 5/30/17, [Insert
Interest. Federal Register
citation].
463-78-230....................... Regulatory Actions. 11/11/04 5/30/17, [Insert
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Benton Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
2.01............................. Powers and Duties 12/11/14 11/17/15, 80 FR
of the Benton 71695.
Clean Air Agency
(BCAA).
2.02............................. Requirements for 12/11/14 11/17/15, 80 FR
Board of Directors 71695.
Members.
2.03............................. Powers and Duties 12/11/14 11/17/15, 80 FR
of the Board of 71695.
Directors.
2.04............................. Powers and Duties 12/11/14 11/17/15, 80 FR
of the Control 71695.
Officer.
2.05............................. Severability....... 12/11/14 11/17/15, 80 FR
71695.
2.06............................. Confidentiality of 12/11/14 11/17/15, 80 FR
Records and 71695.
Information.
----------------------------------------------------------------------------------------------------------------
Olympic Region Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
8.1.6............................ Penalties.......... 5/22/10 10/3/13, 78 FR
61188.
----------------------------------------------------------------------------------------------------------------

[[Page 24537]]

Southwest Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
400-220.......................... Requirements for 3/18/01 04/10/17, 82 FR
Board Members. 17136.
400-230.......................... Regulatory Actions 10/9/16 04/10/17, 82 FR
and Civil 17136.
Penalties.
400-240.......................... Criminal Penalties. 3/18/01 04/10/17, 82 FR
17136.
400-250.......................... Appeals............ 11/9/03 04/10/17, 82 FR
17136.
400-260.......................... Conflict of 3/18/01 04/10/17, 82 FR
Interest. 17136.
400-270.......................... Confidentiality of 11/9/03 04/10/17, 82 FR
Records and 17136.
Information.
400-280.......................... Powers of Agency... 3/18/01 04/10/17, 82 FR
17136.
----------------------------------------------------------------------------------------------------------------
Spokane Regional Clean Air Agency Regulations
----------------------------------------------------------------------------------------------------------------
8.11............................. Regulatory Actions 09/02/14 09/28/15, 80 FR
and Penalties. 58216.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Amend Sec. 52.2497 by revising paragraph (a) to read as follows:

Sec. 52.2497 Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air
Act are not fully met because the plan does not include approvable
procedures for preventing the significant deterioration of air quality
from:

(1) Facilities with carbon dioxide (CO2) emissions from
the industrial combustion of biomass in the following circumstances:

(i) Where a new major stationary source or major modification would
be subject to Prevention of Significant Deterioration (PSD)
requirements for greenhouse gases (GHGs) under 40 CFR 52.21 but would
not be subject to PSD under the state implementation plan (SIP) because
CO2 emissions from the industrial combustion of biomass are
excluded from consideration as GHGs as a matter of state law under RCW
70.235.020(3); or
(ii) Where a new major stationary source or major modification is
subject to PSD for GHGs under both the Washington SIP and the FIP, but
CO2 emissions from the industrial combustion of biomass are
excluded from consideration in the Ecology PSD permitting process
because of the exclusion in RCW 70.235.020(3);
(2) Indian reservations in Washington, except for non-trust land
within the exterior boundaries of the Puyallup Indian Reservation (also
known as the 1873 Survey Area) as provided in the Puyallup Tribe of
Indians Settlement Act of 1989, 25 U.S.C. 1773, and any other area
where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction.
(3) Sources subject to PSD permits issued by the EPA prior to
August 7, 1977, but only with respect to the general administration of
any such permits still in effect (e.g., modifications, amendments, or
revisions of any nature).
* * * * *

0
4. Amend Sec. 52.2498 by revising paragraph (a) to read as follows:

Sec. 52.2498 Visibility protection.

(a) The requirements of section 169A of the Clean Air Act are not
fully met because the plan does not include approvable procedures for
visibility new source review for:
(1) Sources subject to the jurisdiction of local air authorities
(except Benton Clean Air Agency and Southwest Clean Air Agency);
(2) Indian reservations in Washington except for non-trust land
within the exterior boundaries of the Puyallup Indian Reservation (also
known as the 1873 Survey Area) as provided in the Puyallup Tribe of
Indians Settlement Act of 1989, 25 U.S.C. 1773, and any other area
where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction.
* * * * *

[FR Doc. 2017-10908 Filed 5-26-17; 8:45 am]
BILLING CODE 6560-50-P

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