Air Plan Approval; WA; Updates to Materials Incorporated by Reference, 2738-2742 [2018-27774]
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§ 165.T05–0031 Safety Zone, Delaware
River Rock Blasting; Marcus Hook, PA.
(a) Location. The following area is a
safety zone: All the navigable waters of
the Delaware River within 500 yards of
vessels and machinery performing rock
blasting, rock removal, and dredging
operations, between Marcus Hook Range
and Tinicum Range.
(b) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port to
assist with enforcement of the safety
zone described in paragraph (a) of this
section.
(c) Regulations. (1) Vessels wishing to
transit the safety zone in the main
navigational channel may do so if they
can make satisfactory passing
arrangements with the drill boat
APACHE or the dredges TEXAS and
NEW YORK, as applicable, in
accordance with the Navigational Rules
in 33 CFR subchapter E via VHF–FM
channel 13 at least 30 minutes prior to
arrival. If vessels are unable to make
satisfactory passing arrangements with
the drill boat APACHE or the dredges
TEXAS and NEW YORK, they may
request permission from the Captain of
the Port, or his designated
representative, on VHF–FM channel 16.
(2) The operator of any vessel
requesting to transit through the safety
zone shall proceed as directed by the
drill boat APACHE, the dredges TEXAS
and NEW YORK, or the designated
representative of the Captain of the Port
and must operate at the minimum safe
speed necessary to maintain steerage
and reduce wake.
(3) No vessel may transit through the
safety zone during times of explosive
detonation. During explosive
detonation, vessels must maintain a
500-yard distance from the drill boat
APACHE. The drill boat APACHE will
make broadcasts, via VHF–FM Channel
13 and 16, at 15 minutes, 5 minutes, and
1 minute prior to detonation, as well as
a countdown to detonation on VHF–FM
Channel 16.
(4) After every explosive detonation
the dredging contractor will conduct a
survey to ensure the navigational
channel is clear for vessels to transit.
The drill boat APACHE will broadcast,
via VHF–FM channel 13 and 16, when
the survey has been completed and the
channel is clear to transit. Vessels
requesting to transit through the safety
zone shall proceed as directed by the
Captain of the Port and contact the drill
boat APACHE on VHF–FM channel 13
to make safe passing arrangements.
(d) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State
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and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This rule will
be enforced from February 10, 2019,
through March 15, 2019, unless
cancelled earlier by the Captain of the
Port.
Dated: February 4, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2019–01602 Filed 2–7–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0796; FRL–9987–76–
Region 10]
Air Plan Approval; WA; Updates to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Washington State
Implementation Plan (SIP). The
regulations affected by this update have
been previously submitted by the
Washington State Department of
Ecology (Ecology) and approved by the
EPA. In this action, the EPA is also
notifying the public of corrections to
typographical errors and rearranging the
contents for clarity. 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.
DATES: This action is effective February
8, 2019.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 10, 1200
Sixth Avenue, Seattle, WA 98101, or the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030,
or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, EPA Region 10, (206) 553–0256,
hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, the EPA from time to time,
must take action on SIP revisions
containing new and/or revised
regulations as being part of the SIP. On
May 22, 1997, the EPA revised the
procedures for incorporating by
reference Federally-approved SIPs, as a
result of consultations between the EPA
and the Office of the Federal Register
(OFR) (62 FR 27968). The description of
the revised SIP document, IBR
procedures and ‘‘Identification of plan’’
format are discussed in further detail in
the May 22, 1997 Federal Register
document. On March 20, 2013, the EPA
published a Federal Register beginning
the new IBR procedure for Washington
(78 FR 17108). The EPA subsequently
published updates to the IBR material
for Washington on December 8, 2014 (79
FR 72548) and April 12, 2016 (70 FR
21470). Since the publication of the last
IBR update, the EPA approved and
incorporated by reference the changes
listed below.
A. Added Regulations
Table 2—Additional Regulations
Approved for Washington Department
of Ecology (Ecology) Direct Jurisdiction
• Washington Administrative Code,
Chapter 173–400, General Regulations
for Air Pollution Sources, section 173–
400–025 (Adoption of Federal Rules).
For more information, see 81 FR 69385
(October 6, 2016).
Table 4—Additional Regulations
Approved for the Benton Clean Air
Agency (BCAA) Jurisdiction
• Washington Administrative Code,
Chapter 173–400, General Regulations
for Air Pollution Sources, section 173–
400–025 (Adoption of Federal Rules).
For more information, see 81 FR 69385
(October 6, 2016).
Table 8—Additional Regulations
Approved for the Southwest Clean Air
Agency (SWCAA) Jurisdiction
• Southwest Clean Air Agency,
SWCAA 400, General Regulations for
Air Pollution Sources, sections 400–036
(Portable Sources from Other
Washington Jurisdictions), 400–072
(Small Unit Notification for Selected
Source Categories), 400–106 (Emission
Testing and Monitoring at Air
Contaminant Sources), 400–130 (Use of
Emission Reduction Credits), 400–131
(Deposit of Emission Reduction Credits
Into Bank), 400–136 (Maintenance of
Emission Reduction Credits in Bank),
400–800 (Major Stationary Source and
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Major Modification in a Nonattainment
Area), 400–810 (Major Stationary Source
and Major Modification Definitions),
400–820 (Determining if a New
Stationary Source or Modification to a
Stationary Source is Subject to These
Requirements), 400–830 (Permitting
Requirements), 400–840 (Emission
Offset Requirements), 400–850 (Actual
Emissions—Plantwide Applicability
Limitation (PAL)), 400–860 (Public
Involvement Procedures), Appendix A
(SWCAA Method 9 Visual Opacity
Determination Method), and Appendix
B (Description of Vancouver Ozone and
Carbon Monoxide Maintenance Area
Boundary). For more information, see 82
FR 17136 (April 10, 2017).
• Washington Administrative Code,
Chapter 173–400, General Regulations
for Air Pollution Sources, sections 173–
400–117 (Special Protection
Requirements for Federal Class I Areas),
173–400–118 (Designation of Class I, II,
and III Areas), and 173–400–560
(General Order of Approval). For more
information, see 82 FR 17136 (April 10,
2017).
B. Revised Regulations
Table 1—Regulations Approved
Statewide
• Washington Administrative Code,
Chapter 173–476, Ambient Air Quality
Standards, sections 173–476–020
(Applicability), 173–476–150 (Ambient
Air Quality Standard for Ozone), and
173–476–900 (Table of Standards). For
more information, see 81 FR 69385
(October 6, 2016).
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Table 2—Additional Regulations
Approved for Washington Department
of Ecology (Ecology) Direct Jurisdiction
• Washington Administrative Code,
Chapter 173–400, General Regulations
for Air Pollution Sources, sections 173–
400–110 (New Source Review (NSR) for
Sources and Portable Sources) and 173–
400–112 (Requirements for New Sources
in Nonattainment Areas—Review for
Compliance with Regulations). For more
information, see 81 FR 66823
(September 29, 2016).
• Washington Administrative Code,
Chapter 173–400, General Regulations
for Air Pollution Sources, sections 173–
400–040 (General Standards for
Maximum Emissions), 173–400–050
(Emission Standards for Combustion
and Incineration Units), 173–400–060
(Emission Standards for General Process
Units), 173–400–070 (Emission
Standards for Certain Source
Categories), 173–400–105 (Records,
Monitoring, and Reporting), 173–400–
111 (Processing Notice of Construction
Applications for Sources, Stationary
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Sources and Portable Sources), 173–
400–116 (Increment Protection), 173–
400–171 (Public Notice and
Opportunity for Public Comment), 173–
400–710 (Definitions), 173–400–720
(Prevention of Significant Deterioration
(PSD)), 173–400–730 (Prevention of
Significant Deterioration Application
Processing Procedures), 173–400–740
(PSD Permitting Public Involvement
Requirements), 173–400–810 (Major
Stationary Source and Major
Modification Definitions), 173–400–830
(Permitting Requirements), 173–400–
840 (Emission Offset Requirements),
and 173–400–850 (Actual Emissions
Plantwide Applicability Limitation
(PAL)). For more information, see 81 FR
69385 (October 6, 2016).
Table 3—Additional Regulations
Approved for the Energy Facilities Site
Evaluation Council (EFSEC) Jurisdiction
• Washington Administrative Code,
Chapter 463–78, General and Operating
Permit Regulations for Air Pollution
Sources, sections 463–78–005
(Adoption by Reference), 463–78–010
(Purpose), 463–78–020 (Applicability),
463–78–030 (Additional Definitions),
463–78–095 (Permit Issuance), and 463–
78–120 (Monitoring and Special
Report). For more information, see 82
FR 24531 (May 30, 2017).
Table 4—Additional Regulations
Approved for the Benton Clean Air
Agency (BCAA) Jurisdiction
• Washington Administrative Code,
Chapter 173–400, General Regulations
for Air Pollution Sources, sections 173–
400–040 (General Standards for
Maximum Emissions), 173–400–050
(Emission Standards for Combustion
and Incineration Units), 173–400–060
(Emission Standards for General Process
Units), 173–400–070 (Emission
Standards for Certain Source
Categories), 173–400–105 (Records,
Monitoring, and Reporting), 173–400–
111 (Processing Notice of Construction
Applications for Sources, Stationary
Sources and Portable Sources), 173–
400–171 (Public Notice and
Opportunity for Public Comment), 173–
400–810 (Major Stationary Source and
Major Modification Definitions), 173–
400–830 (Permitting Requirements),
173–400–840 (Emission Offset
Requirements), and 173–400–850
(Actual Emissions Plantwide
Applicability Limitation (PAL)). For
more information, see 81 FR 69385
(October 6, 2016).
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Table 8—Additional Regulations
Approved for the Southwest Clean Air
Agency (SWCAA) Jurisdiction
• Southwest Clean Air Agency,
SWCAA 400, General Regulations for
Air Pollution Sources, sections 400–010
(Policy and Purpose), 400–020
(Applicability), 400–030 (Definitions),
400–040 (General Standards for
Maximum Emissions), 400–050
(Emission Standards for Combustion
and Incineration Units), 400–060
(Emission Standards for General Process
Units), 400–070 (General Requirements
for Certain Source Categories), 400–074
(Gasoline Transport Tanker
Registration), 400–081 (Startup and
Shutdown), 400–091 (Voluntary Limits
on Emissions), 400–105 (Records,
Monitoring and Reporting), 400–109
(Air Discharge Permit Applications),
400–110 (Application Review Process
for Stationary Sources (New Source
Review)), 400–111 (Requirements for
New Sources in a Maintenance Plan
Area), 400–112 (Requirements for New
Sources in Nonattainment Areas), 400–
113 (Requirements for New Sources in
Attainment or Nonclassifiable Areas),
400–114 (Requirements for Replacement
or Substantial Alteration of Emission
Control Technology at an Existing
Stationary Source), 400–116
(Maintenance of Equipment), 400–151
(Retrofit Requirements for Visibility
Protection), 400–161 (Compliance
Schedules), 400–171 (Public
Involvement), 400–190 (Requirements
for Nonattainment Areas), 400–200
(Vertical Dispersion Requirement,
Creditable Stack Height and Dispersion
Techniques), 400–205 (Adjustment for
Atmospheric Conditions), and 400–210
(Emission Requirements of Prior
Jurisdictions). For more information, see
82 FR 17136 (April 10, 2017). We note
that we are correcting a typographical
error in Table 8 to exclude SWCAA
400–113(5) from the SIP consistent with
the original proposal and final rule
preamble.
Table 9—Additional Regulations
Approved for the Spokane Regional
Clean Air Agency (SRCAA) Jurisdiction
• Spokane Regional Clean Air
Agency, Regulation I, Article VI—
Emissions Prohibited, sections 6.05
(Particulate Matter and Preventing
Particulate Matter from Becoming
Airborne), 6.14 (Standards for Control of
Particulate Matter on Paved Surfaces),
and 6.15 (Standards for Control of
Particulate Matter on Unpaved Roads).
For more information, see 81 FR 21470
(April 12, 2016).
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C. Removed Regulations
Table 3—Additional Regulations
Approved for the Energy Facilities Site
Evaluation Council (EFSEC) Jurisdiction
• Washington Administrative Code
(WAC) 463–39–100 (Registration) and
WAC 173–400–151 (Retrofit
Requirements), as adopted by reference
in WAC 463–78–005. For more
information, see 82 FR 24531 (May 30,
2017).
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Table 8—Additional Regulations
Approved For The Southwest Clean Air
Agency (SWCAA) Jurisdiction
• Southwest Clean Air Agency,
SWCAA 400, General Regulations for
Air Pollution Sources, sections 400–052
(Stack Sampling of Major Combustion
Sources), 400–090 (Voluntary Limits on
Emissions), 400–100 (Registration and
Operating Permits), and 400–101
(Sources Exempt from Registration
Requirements). For more information,
see 82 FR 17136 (April 10, 2017).
• Washington Administrative Code,
Chapter 173–400, General Regulations
for Air Pollution Sources, sections 173–
400–010 (Policy and Purpose), 173–
400–020 (Applicability), 173–400–030
(Definitions), 173–400–040 (General
Standards for Maximum Emissions),
173–400–050 (Emission Standards for
Combustion and Incineration Units),
173–400–060 (Emission Standards for
General Process Units), 173–400–070
(Emission Standards for Certain Source
Categories), 173–400–081 (Startup and
Shutdown), 173–400–091 (Voluntary
Limits on Emissions), 173–400–100
(Registration), 173–400–105 (Records,
Monitoring and Reporting), 173–400–
107 (Excess Emissions), 173–400–110
(New Source Review (NSR)), 173–400–
112 (Requirements for New Sources in
Nonattainment Areas), 173–400–113
(Requirements for New Sources in
Attainment or Unclassifiable Areas),
173–400–151 (Retrofit Requirements for
Visibility Protection), 173–400–161
(Compliance Schedules), 173–400–171
(Public Involvement), 173–400–190
(Requirements for Nonattainment
Areas), 173–400–200 (Creditable Stack
Height & Dispersion Techniques), 173–
400–205 (Adjustment for Atmospheric
Conditions), and 173–400–210
(Emission Requirements of Prior
Jurisdictions). For more information, see
82 FR 17136 (April 10, 2017).
Table 9—Additional Regulations
Approved for the Spokane Regional
Clean Air Agency (SRCAA) Jurisdiction
• Spokane Regional Clean Air
Agency, Regulation I, Article VI—
Emissions Prohibited, section 6.16
(Motor Fuel Specifications for
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Oxygenated Gasoline). In a final action
dated June 29, 2005, the EPA approved
the request to remove section 6.16 as a
control measure for the Spokane carbon
monoxide maintenance area (70 FR
37269, page 37271). As discussed in the
preamble for that action, the Spokane
Regional Clean Air Agency repealed
section 6.16 on September 1, 2005, with
a commitment approved as part of the
maintenance plan they would re-adopt
section 6.16 should the Spokane area
violate the carbon monoxide National
Ambient Air Quality Standards. As part
of our March 20, 2013 action beginning
the new IBR procedure for Washington,
the EPA inadvertently included section
6.16 as an active control measure under
40 CFR 52.2470(c). The EPA is now
correcting that typographical error.
D. Revised Source-Specific
Requirements
• As part of the EPA’s approval of the
second 10-year carbon monoxide
limited maintenance plan for the
Spokane area, we removed the
associated order and amendment for the
former Kaiser Aluminum and Chemical
Corporation’s aluminum reduction plant
located in Mead, Washington from the
incorporation by reference because the
facility had been shut down,
dismantled, and the operating permit
had been revoked. For more
information, see 81 FR 45417 (July 14,
2016).
II. EPA Action
In this action, the EPA is announcing
the update to the IBR material as of
November 1, 2018. The EPA is also
correcting minor typographical errors in
subsection 52.2470(c), including
removing SRCAA, Regulation I, section
6.16 and SWCAA 400–113(5), as
discussed above. This action also
corrects the EPA’s approval date for the
Energy Facilities Site Evaluation
Council’s incorporation by reference of
WAC 173–400–060, which was
inadvertently omitted in our May 30,
2017 final action (82 FR 24531). Lastly,
the EPA is rearranging the content of
subsection 52.2470(e) to organize the
actions by pollutant and type for clarity.
The EPA has determined that today’s
rule falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions which are already in effect as
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a matter of law in federal and approved
state programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of previously
EPA-approved regulations promulgated
by Washington and federally-effective
prior to November 1, 2018. The EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 10 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act (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);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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.);
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• 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
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land in
Washington except as specifically noted
below and is also not approved to apply
in any other area where the EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). Washington’s SIP is
approved to apply on non-trust land
within the exterior boundaries of the
Puyallup Indian Reservation, also
known as the 1873 Survey Area. Under
the Puyallup Tribe of Indians
Settlement Act of 1989, 25 U.S.C. 1773,
Congress explicitly provided state and
local agencies in Washington authority
over activities on non-trust lands within
the 1873 Survey Area.
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 of the
Washington regulations described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
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B. Submission to Congress and the
Comptroller General
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 rule 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. This rule is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
The EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the
Washington SIP compilations had
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, the EPA sees
no need in this action to reopen the 60day period for filing such petitions for
judicial review for this ‘‘Identification of
plan’’ update action for Washington.
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 record keeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 21, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
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. Section 52.2470 is amended by:
a. Revising paragraph (b);
b. In paragraph (c):
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i. Revising entry 173–400–060 in
Table 3.
ii. Revising entry 400–113 in Table 8.
iii. Removing entry 6.16 from Table 9.
■ c. In paragraph (e):
i. Amending Table 2 by moving the
entry at the end of the table ‘‘Particulate
Matter (PM10) 2nd 10-Year Limited
Maintenance Plan’’ for the Spokane area
after the entry ‘‘Particulate Matter
(PM10) 2nd 10-Year Limited
Maintenance Plan’’ for the Kent, Seattle,
and Tacoma area.
ii. Removing the undesignated
heading ‘‘Recently Approved Plans’’ in
Table 2.
The revisions read as follows:
§ 52.2470
Identification of plan.
*
*
*
*
*
(b) Incorporation by reference. (1)
Material listed as incorporated by
reference in paragraphs (c) and (d) of
this section with an EPA approved date
of November 1, 2018, was approved for
incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. The material incorporated
is as it exists on the date of the approval,
and notice of any change in the material
will be published in the Federal
Register. Entries in paragraphs (c) and
(d) of this section with EPA approval
dates on or after November 1, 2018, will
be incorporated by reference in the next
update to the SIP compilation.
(2)(i) EPA Region 10 certifies that the
rules and regulations provided by the
EPA at the addresses in paragraph (b)(3)
of this section are an exact duplicate of
the officially promulgated state rules
and regulations which have been
approved as part of the State
Implementation Plan as of November 1,
2018.
(ii) EPA Region 10 certifies that the
following source-specific requirements
provided by the EPA at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated State source-specific
requirements which have been
approved as part of the State
Implementation Plan as of November 1,
2018.
(3) Copies of the materials
incorporated by reference may be
inspected at the EPA Region 10, 1200
Sixth Ave., Seattle, WA 98101; or at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(c) * * *
E:\FR\FM\08FER1.SGM
08FER1
2742
Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Rules and Regulations
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 173–400 Regulations Incorporated by Reference in WAC 463–78–005
*
173–400–060 ..
*
*
Emission Standards for General
Process Units.
*
*
*
*
*
*
2/10/05
*
*
*
5/30/17, 82 FR 24531.
*
*
*
*
*
*
*
TABLE 8—ADDITIONAL REGULATIONS APPROVED FOR THE SOUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION
[Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy Facilities Site Evaluation Council
(EFSEC) jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction,
and facilities subject to the applicability sections of WAC 173–405–012, 173–410–012, and 173–415–012]
State/local
citation
State/local
effective
date
Title/subject
EPA approval date
Explanations
Southwest Clean Air Agency Regulations
SWCAA 400—General Regulations for Air Pollution Sources
*
400–113 ..........
*
*
Requirements for New Sources in
Attainment or Nonclassifiable
Areas.
*
*
*
*
*
*
*
*
[FR Doc. 2018–27774 Filed 2–7–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2017–0358; FRL–9988–69–
OAR]
RIN 2060–AT66
National Emission Standards for
Hazardous Air Pollutants: Friction
Materials Manufacturing Facilities
Residual Risk and Technology Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
Pmangrum on DSK3GMQ082PROD with RULES
AGENCY:
This action finalizes the
residual risk and technology review
(RTR) conducted for the Friction
Materials Manufacturing Facilities
source category regulated under
SUMMARY:
VerDate Sep<11>2014
15:11 Feb 07, 2019
10/09/16
Jkt 247001
*
*
04/10/17, 82 FR 17136 ..................
*
*
national emission standards for
hazardous air pollutants (NESHAP). In
addition, we are taking final action
addressing periods of startup,
shutdown, and malfunction (SSM). We
are finalizing our proposed
determination that the risks from the
category are acceptable and that the
current NESHAP provides an ample
margin of safety to protect public health.
We identified no new cost-effective
controls under the technology review to
achieve further emissions reductions.
These final amendments include
amendments to revise reporting
requirements for deviations. These
amendments are made under the
authority of the Clean Air Act (CAA)
and will improve the effectiveness of
the rule. The amendments are
environmentally neutral.
DATES: This final rule is effective on
February 8, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2017–0358. All
PO 00000
Frm 00038
Fmt 4700
*
Except: 400–113(5).
Sfmt 4700
*
*
*
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov, or in hard
copy at the EPA Docket Center, EPA
WJC West Building, Room Number
3334, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading
Room hours of operation are 8:30 a.m.
to 4:30 p.m. Eastern Standard Time
(EST), Monday through Friday. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the Docket
Center is (202) 566–1742.
E:\FR\FM\08FER1.SGM
08FER1
]]>Agencies
[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Rules and Regulations]
[Pages 2738-2742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27774]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0796; FRL-9987-76-Region 10]
Air Plan Approval; WA; Updates to Materials Incorporated by
Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Washington
State Implementation Plan (SIP). The regulations affected by this
update have been previously submitted by the Washington State
Department of Ecology (Ecology) and approved by the EPA. In this
action, the EPA is also notifying the public of corrections to
typographical errors and rearranging the contents for clarity. 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.
DATES: This action is effective February 8, 2019.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Seattle,
WA 98101, or the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call
(202) 741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, (206) 553-
0256, hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, the EPA from time
to time, must take action on SIP revisions containing new and/or
revised regulations as being part of the SIP. On May 22, 1997, the EPA
revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between the EPA and the
Office of the Federal Register (OFR) (62 FR 27968). The description of
the revised SIP document, IBR procedures and ``Identification of plan''
format are discussed in further detail in the May 22, 1997 Federal
Register document. On March 20, 2013, the EPA published a Federal
Register beginning the new IBR procedure for Washington (78 FR 17108).
The EPA subsequently published updates to the IBR material for
Washington on December 8, 2014 (79 FR 72548) and April 12, 2016 (70 FR
21470). Since the publication of the last IBR update, the EPA approved
and incorporated by reference the changes listed below.
A. Added Regulations
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
Washington Administrative Code, Chapter 173-400, General
Regulations for Air Pollution Sources, section 173-400-025 (Adoption of
Federal Rules). For more information, see 81 FR 69385 (October 6,
2016).
Table 4--Additional Regulations Approved for the Benton Clean Air
Agency (BCAA) Jurisdiction
Washington Administrative Code, Chapter 173-400, General
Regulations for Air Pollution Sources, section 173-400-025 (Adoption of
Federal Rules). For more information, see 81 FR 69385 (October 6,
2016).
Table 8--Additional Regulations Approved for the Southwest Clean Air
Agency (SWCAA) Jurisdiction
Southwest Clean Air Agency, SWCAA 400, General Regulations
for Air Pollution Sources, sections 400-036 (Portable Sources from
Other Washington Jurisdictions), 400-072 (Small Unit Notification for
Selected Source Categories), 400-106 (Emission Testing and Monitoring
at Air Contaminant Sources), 400-130 (Use of Emission Reduction
Credits), 400-131 (Deposit of Emission Reduction Credits Into Bank),
400-136 (Maintenance of Emission Reduction Credits in Bank), 400-800
(Major Stationary Source and
[[Page 2739]]
Major Modification in a Nonattainment Area), 400-810 (Major Stationary
Source and Major Modification Definitions), 400-820 (Determining if a
New Stationary Source or Modification to a Stationary Source is Subject
to These Requirements), 400-830 (Permitting Requirements), 400-840
(Emission Offset Requirements), 400-850 (Actual Emissions--Plantwide
Applicability Limitation (PAL)), 400-860 (Public Involvement
Procedures), Appendix A (SWCAA Method 9 Visual Opacity Determination
Method), and Appendix B (Description of Vancouver Ozone and Carbon
Monoxide Maintenance Area Boundary). For more information, see 82 FR
17136 (April 10, 2017).
Washington Administrative Code, Chapter 173-400, General
Regulations for Air Pollution Sources, sections 173-400-117 (Special
Protection Requirements for Federal Class I Areas), 173-400-118
(Designation of Class I, II, and III Areas), and 173-400-560 (General
Order of Approval). For more information, see 82 FR 17136 (April 10,
2017).
B. Revised Regulations
Table 1--Regulations Approved Statewide
Washington Administrative Code, Chapter 173-476, Ambient
Air Quality Standards, sections 173-476-020 (Applicability), 173-476-
150 (Ambient Air Quality Standard for Ozone), and 173-476-900 (Table of
Standards). For more information, see 81 FR 69385 (October 6, 2016).
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
Washington Administrative Code, Chapter 173-400, General
Regulations for Air Pollution Sources, sections 173-400-110 (New Source
Review (NSR) for Sources and Portable Sources) and 173-400-112
(Requirements for New Sources in Nonattainment Areas--Review for
Compliance with Regulations). For more information, see 81 FR 66823
(September 29, 2016).
Washington Administrative Code, Chapter 173-400, General
Regulations for Air Pollution Sources, sections 173-400-040 (General
Standards for Maximum Emissions), 173-400-050 (Emission Standards for
Combustion and Incineration Units), 173-400-060 (Emission Standards for
General Process Units), 173-400-070 (Emission Standards for Certain
Source Categories), 173-400-105 (Records, Monitoring, and Reporting),
173-400-111 (Processing Notice of Construction Applications for
Sources, Stationary Sources and Portable Sources), 173-400-116
(Increment Protection), 173-400-171 (Public Notice and Opportunity for
Public Comment), 173-400-710 (Definitions), 173-400-720 (Prevention of
Significant Deterioration (PSD)), 173-400-730 (Prevention of
Significant Deterioration Application Processing Procedures), 173-400-
740 (PSD Permitting Public Involvement Requirements), 173-400-810
(Major Stationary Source and Major Modification Definitions), 173-400-
830 (Permitting Requirements), 173-400-840 (Emission Offset
Requirements), and 173-400-850 (Actual Emissions Plantwide
Applicability Limitation (PAL)). For more information, see 81 FR 69385
(October 6, 2016).
Table 3--Additional Regulations Approved for the Energy Facilities Site
Evaluation Council (EFSEC) Jurisdiction
Washington Administrative Code, Chapter 463-78, General
and Operating Permit Regulations for Air Pollution Sources, sections
463-78-005 (Adoption by Reference), 463-78-010 (Purpose), 463-78-020
(Applicability), 463-78-030 (Additional Definitions), 463-78-095
(Permit Issuance), and 463-78-120 (Monitoring and Special Report). For
more information, see 82 FR 24531 (May 30, 2017).
Table 4--Additional Regulations Approved for the Benton Clean Air
Agency (BCAA) Jurisdiction
Washington Administrative Code, Chapter 173-400, General
Regulations for Air Pollution Sources, sections 173-400-040 (General
Standards for Maximum Emissions), 173-400-050 (Emission Standards for
Combustion and Incineration Units), 173-400-060 (Emission Standards for
General Process Units), 173-400-070 (Emission Standards for Certain
Source Categories), 173-400-105 (Records, Monitoring, and Reporting),
173-400-111 (Processing Notice of Construction Applications for
Sources, Stationary Sources and Portable Sources), 173-400-171 (Public
Notice and Opportunity for Public Comment), 173-400-810 (Major
Stationary Source and Major Modification Definitions), 173-400-830
(Permitting Requirements), 173-400-840 (Emission Offset Requirements),
and 173-400-850 (Actual Emissions Plantwide Applicability Limitation
(PAL)). For more information, see 81 FR 69385 (October 6, 2016).
Table 8--Additional Regulations Approved for the Southwest Clean Air
Agency (SWCAA) Jurisdiction
Southwest Clean Air Agency, SWCAA 400, General Regulations
for Air Pollution Sources, sections 400-010 (Policy and Purpose), 400-
020 (Applicability), 400-030 (Definitions), 400-040 (General Standards
for Maximum Emissions), 400-050 (Emission Standards for Combustion and
Incineration Units), 400-060 (Emission Standards for General Process
Units), 400-070 (General Requirements for Certain Source Categories),
400-074 (Gasoline Transport Tanker Registration), 400-081 (Startup and
Shutdown), 400-091 (Voluntary Limits on Emissions), 400-105 (Records,
Monitoring and Reporting), 400-109 (Air Discharge Permit Applications),
400-110 (Application Review Process for Stationary Sources (New Source
Review)), 400-111 (Requirements for New Sources in a Maintenance Plan
Area), 400-112 (Requirements for New Sources in Nonattainment Areas),
400-113 (Requirements for New Sources in Attainment or Nonclassifiable
Areas), 400-114 (Requirements for Replacement or Substantial Alteration
of Emission Control Technology at an Existing Stationary Source), 400-
116 (Maintenance of Equipment), 400-151 (Retrofit Requirements for
Visibility Protection), 400-161 (Compliance Schedules), 400-171 (Public
Involvement), 400-190 (Requirements for Nonattainment Areas), 400-200
(Vertical Dispersion Requirement, Creditable Stack Height and
Dispersion Techniques), 400-205 (Adjustment for Atmospheric
Conditions), and 400-210 (Emission Requirements of Prior
Jurisdictions). For more information, see 82 FR 17136 (April 10, 2017).
We note that we are correcting a typographical error in Table 8 to
exclude SWCAA 400-113(5) from the SIP consistent with the original
proposal and final rule preamble.
Table 9--Additional Regulations Approved for the Spokane Regional Clean
Air Agency (SRCAA) Jurisdiction
Spokane Regional Clean Air Agency, Regulation I, Article
VI--Emissions Prohibited, sections 6.05 (Particulate Matter and
Preventing Particulate Matter from Becoming Airborne), 6.14 (Standards
for Control of Particulate Matter on Paved Surfaces), and 6.15
(Standards for Control of Particulate Matter on Unpaved Roads). For
more information, see 81 FR 21470 (April 12, 2016).
[[Page 2740]]
C. Removed Regulations
Table 3--Additional Regulations Approved for the Energy Facilities Site
Evaluation Council (EFSEC) Jurisdiction
Washington Administrative Code (WAC) 463-39-100
(Registration) and WAC 173-400-151 (Retrofit Requirements), as adopted
by reference in WAC 463-78-005. For more information, see 82 FR 24531
(May 30, 2017).
Table 8--Additional Regulations Approved For The Southwest Clean Air
Agency (SWCAA) Jurisdiction
Southwest Clean Air Agency, SWCAA 400, General Regulations
for Air Pollution Sources, sections 400-052 (Stack Sampling of Major
Combustion Sources), 400-090 (Voluntary Limits on Emissions), 400-100
(Registration and Operating Permits), and 400-101 (Sources Exempt from
Registration Requirements). For more information, see 82 FR 17136
(April 10, 2017).
Washington Administrative Code, Chapter 173-400, General
Regulations for Air Pollution Sources, sections 173-400-010 (Policy and
Purpose), 173-400-020 (Applicability), 173-400-030 (Definitions), 173-
400-040 (General Standards for Maximum Emissions), 173-400-050
(Emission Standards for Combustion and Incineration Units), 173-400-060
(Emission Standards for General Process Units), 173-400-070 (Emission
Standards for Certain Source Categories), 173-400-081 (Startup and
Shutdown), 173-400-091 (Voluntary Limits on Emissions), 173-400-100
(Registration), 173-400-105 (Records, Monitoring and Reporting), 173-
400-107 (Excess Emissions), 173-400-110 (New Source Review (NSR)), 173-
400-112 (Requirements for New Sources in Nonattainment Areas), 173-400-
113 (Requirements for New Sources in Attainment or Unclassifiable
Areas), 173-400-151 (Retrofit Requirements for Visibility Protection),
173-400-161 (Compliance Schedules), 173-400-171 (Public Involvement),
173-400-190 (Requirements for Nonattainment Areas), 173-400-200
(Creditable Stack Height & Dispersion Techniques), 173-400-205
(Adjustment for Atmospheric Conditions), and 173-400-210 (Emission
Requirements of Prior Jurisdictions). For more information, see 82 FR
17136 (April 10, 2017).
Table 9--Additional Regulations Approved for the Spokane Regional Clean
Air Agency (SRCAA) Jurisdiction
Spokane Regional Clean Air Agency, Regulation I, Article
VI--Emissions Prohibited, section 6.16 (Motor Fuel Specifications for
Oxygenated Gasoline). In a final action dated June 29, 2005, the EPA
approved the request to remove section 6.16 as a control measure for
the Spokane carbon monoxide maintenance area (70 FR 37269, page 37271).
As discussed in the preamble for that action, the Spokane Regional
Clean Air Agency repealed section 6.16 on September 1, 2005, with a
commitment approved as part of the maintenance plan they would re-adopt
section 6.16 should the Spokane area violate the carbon monoxide
National Ambient Air Quality Standards. As part of our March 20, 2013
action beginning the new IBR procedure for Washington, the EPA
inadvertently included section 6.16 as an active control measure under
40 CFR 52.2470(c). The EPA is now correcting that typographical error.
D. Revised Source-Specific Requirements
As part of the EPA's approval of the second 10-year carbon
monoxide limited maintenance plan for the Spokane area, we removed the
associated order and amendment for the former Kaiser Aluminum and
Chemical Corporation's aluminum reduction plant located in Mead,
Washington from the incorporation by reference because the facility had
been shut down, dismantled, and the operating permit had been revoked.
For more information, see 81 FR 45417 (July 14, 2016).
II. EPA Action
In this action, the EPA is announcing the update to the IBR
material as of November 1, 2018. The EPA is also correcting minor
typographical errors in subsection 52.2470(c), including removing
SRCAA, Regulation I, section 6.16 and SWCAA 400-113(5), as discussed
above. This action also corrects the EPA's approval date for the Energy
Facilities Site Evaluation Council's incorporation by reference of WAC
173-400-060, which was inadvertently omitted in our May 30, 2017 final
action (82 FR 24531). Lastly, the EPA is rearranging the content of
subsection 52.2470(e) to organize the actions by pollutant and type for
clarity. The EPA has determined that today's rule falls under the
``good cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedures Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation and section 553(d)(3)
which allows an agency to make a rule effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's rule simply codifies provisions which are already in
effect as a matter of law in federal and approved state programs. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of
previously EPA-approved regulations promulgated by Washington and
federally-effective prior to November 1, 2018. The EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 10 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (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);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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.);
[[Page 2741]]
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 practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). Washington's SIP
is approved to apply on non-trust land within the exterior boundaries
of the Puyallup Indian Reservation, also known as the 1873 Survey Area.
Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C.
1773, Congress explicitly provided state and local agencies in
Washington authority over activities on non-trust lands within the 1873
Survey Area.
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 of the
Washington regulations described in the amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
B. Submission to Congress and the Comptroller General
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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
The EPA has also determined that the provisions of section
307(b)(1) of the CAA pertaining to petitions for judicial review are
not applicable to this action. Prior EPA rulemaking actions for each
individual component of the Washington SIP compilations had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, the
EPA sees no need in this action to reopen the 60-day period for filing
such petitions for judicial review for this ``Identification of plan''
update action for Washington.
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 record keeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 21, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
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. Section 52.2470 is amended by:
0
a. Revising paragraph (b);
0
b. In paragraph (c):
i. Revising entry 173-400-060 in Table 3.
ii. Revising entry 400-113 in Table 8.
iii. Removing entry 6.16 from Table 9.
0
c. In paragraph (e):
i. Amending Table 2 by moving the entry at the end of the table
``Particulate Matter (PM10) 2nd 10-Year Limited Maintenance
Plan'' for the Spokane area after the entry ``Particulate Matter
(PM10) 2nd 10-Year Limited Maintenance Plan'' for the Kent,
Seattle, and Tacoma area.
ii. Removing the undesignated heading ``Recently Approved Plans''
in Table 2.
The revisions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed as incorporated
by reference in paragraphs (c) and (d) of this section with an EPA
approved date of November 1, 2018, was approved for incorporation by
reference by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. The material incorporated is as it
exists on the date of the approval, and notice of any change in the
material will be published in the Federal Register. Entries in
paragraphs (c) and (d) of this section with EPA approval dates on or
after November 1, 2018, will be incorporated by reference in the next
update to the SIP compilation.
(2)(i) EPA Region 10 certifies that the rules and regulations
provided by the EPA at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated state
rules and regulations which have been approved as part of the State
Implementation Plan as of November 1, 2018.
(ii) EPA Region 10 certifies that the following source-specific
requirements provided by the EPA at the addresses in paragraph (b)(3)
of this section are an exact duplicate of the officially promulgated
State source-specific requirements which have been approved as part of
the State Implementation Plan as of November 1, 2018.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10, 1200 Sixth Ave., Seattle, WA 98101; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) * * *
[[Page 2742]]
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 173-400 Regulations Incorporated by Reference in WAC 463-78-005
----------------------------------------------------------------------------------------------------------------
* * * * * * *
173-400-060.............. Emission Standards for 2/10/05 5/30/17, 82 FR 24531..
General Process Units.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Table 8--Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction
[Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy
Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations and any other area where the EPA or
an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability
sections of WAC 173-405-012, 173-410-012, and 173-415-012]
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State/local
State/local citation Title/subject effective date EPA approval date Explanations
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Southwest Clean Air Agency Regulations
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SWCAA 400--General Regulations for Air Pollution Sources
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* * * * * * *
400-113.................. Requirements for New 10/09/16 04/10/17, 82 FR 17136. Except: 400-113(5).
Sources in Attainment
or Nonclassifiable
Areas.
* * * * * * *
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* * * * *
[FR Doc. 2018-27774 Filed 2-7-19; 8:45 am]
BILLING CODE 6560-50-P
