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: http://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 http://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 http://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 http:// 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: http:// www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. ADDRESSES: E:\FR\FM\30MYR1.SGM 30MYR1

Agencies

[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 http://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 http://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 http://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