Air Plan Approval; Washington; Update to the Adoption by Reference, Energy Facility Site Evaluation Council, 57836-57838 [2019-23516]
Download as PDF
<![CDATA[
57836
Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Proposed Rules
License Fee or otherwise fails to
perform any of the material provisions
of this subpart, or such a breach or
failure by a Public Broadcaster results
from CPB’s inducement, and CPB does
not cure such breach or failure within
30 days after receiving notice thereof
from the Collective, then the Collective
may terminate the right of all Public
Broadcasters to be treated as Public
Broadcasters per this paragraph (e) upon
written notice to CPB. In such a case, a
prorated portion of the License Fee for
the remainder of the Term (to the extent
paid by CPB) shall, after deduction of
any damages payable to the Collective
by virtue of the breach or failure, be
credited to statutory royalty obligations
of Public Broadcasters to the Collective
for the Term as specified by CPB.
(f) Use of contractors. The right to rely
on this subpart is limited to Public
Broadcasters, except that a Public
Broadcaster may employ the services of
a third Person to provide the technical
services and equipment necessary to
deliver website Performances on behalf
of such Public Broadcaster, but only
through an Authorized website. Any
agreement between a Public Broadcaster
and any third Person for such services
shall:
(1) Obligate such third Person to
provide all such services in accordance
with all applicable provisions of the
statutory licenses and this subpart;
(2) Specify that such third Person
shall have no right to make website
Performances or any other performances
or Ephemeral Recordings on its own
behalf or on behalf of any Person or
entity other than a Public Broadcaster
through the Public Broadcaster’s
Authorized website by virtue of its
services for the Public Broadcaster,
including in the case of Ephemeral
Recordings, pre-encoding or otherwise
establishing a library of sound
recordings that it offers to a Public
Broadcaster or others for purposes of
making performances, but instead must
obtain all necessary licenses from the
Collective, the copyright owner or
another duly authorized Person, as the
case may be;
(3) Specify that such third Person
shall have no right to grant any
sublicenses under the statutory licenses;
and
(4) Provide that the Collective is an
intended third-party beneficiary of all
such obligations with the right to
enforce a breach thereof against such
third Person.
§ 380.32 Terms for making payment of
royalty fees and statements of account.
(a) Payment to the Collective. CPB
shall pay the License Fee to the
VerDate Sep<11>2014
20:38 Oct 28, 2019
Jkt 250001
Collective in five equal installments of
$800,000 each, which shall be due
December 31, 2020, and annually
thereafter through December 31, 2024.
(b) Reporting. CPB and Public
Broadcasters shall submit reports of use
and other information concerning
website Performances as agreed upon
with the Collective.
(c) Terms in general. Subject to the
provisions of this subpart, terms
governing late fees, distribution of
royalties by the Collective, unclaimed
funds, record retention requirements,
treatment of Licensees’ confidential
information, audit of royalty payments
and distributions, and any definitions
for applicable terms not defined in this
subpart shall be those set forth in
subpart A of this part.
Dated: October 23, 2019.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2019–23486 Filed 10–28–19; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0568, FRL–10001–
57–Region 10]
Air Plan Approval; Washington;
Update to the Adoption by Reference,
Energy Facility Site Evaluation Council
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to revise the
Washington State Implementation Plan
(SIP) to approve updates to the Energy
Facility Site Evaluation Council
(EFSEC) air quality regulations. The
EFSEC regulations apply to major
energy facilities in the State of
Washington and establish permitting
requirements and emissions standards
for such facilities. The EFSEC
regulations primarily adopt by reference
the Washington Department of Ecology
(Ecology) general air quality regulations
for program implementation. We are
proposing to approve EFSEC’s updated
adoption by reference to include certain
changes to Ecology’s general air quality
regulations since EFSEC’s last adoption
by reference, consistent with prior
approvals.
DATES: Comments must be received on
or before November 29, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2018–0568 at https://
SUMMARY:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt at (206) 553–0256, or hunt.jeff@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
I. Background
By statute, EFSEC has jurisdiction for
managing the air program with respect
to major energy facilities in the State of
Washington. See Chapter 80.50 of the
Revised Code of Washington (RCW).
The EFSEC air quality regulations are
contained in Chapter 463–78
Washington Administrative Code
(WAC) General and Operating Permit
Regulations for Air Pollution Sources.
These EFSEC regulations rely primarily
on the adoption by reference of the
corresponding Ecology general air
quality regulations contained in Chapter
173–400 WAC General Regulations for
Air Pollution Sources, with certain
exceptions discussed below.
As discussed in our prior approval of
the EFSEC regulations on May 30, 2017
(82 FR 24531), EFSEC’s adoption by
reference of Chapter 173–400 WAC is
modified in several ways. First,
references in Chapter 173–400 WAC
regarding appeals are modified to reflect
EFSEC’s independent appeals process in
WAC 463–78–140. Second, the cross
references to fees under Chapter 173–
455 WAC are modified to reflect
EFSEC’s independent fee structure set
out in Chapter 80.50 RCW. Third, while
EFSEC generally adopts most of the
E:\FR\FM\29OCP1.SGM
29OCP1
Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Proposed Rules
provisions of Chapter 173–400 WAC by
reference, not all provisions are
included.
EFSEC did not adopt by reference the
enforcement and authority provisions
contained in WAC 173–400–220
through 260. For these provisions,
EFSEC relies on its own independent
authorities, which are currently part of
Washington’s federally-approved SIP
under WAC 463–78–135 through 230. In
other cases, such as WAC 173–400–118
Designation of Class I, II, and III Areas,
WAC 173–400–151 Retrofit
Requirements for Visibility Protection,
and parts of WAC 173–400–070
Emission Standards for Certain Source
Categories, EFSEC did not adopt these
Chapter 173–400 WAC provisions by
reference because they pertain to source
categories or authorities outside the
scope of EFSEC’s jurisdiction.
Lastly, many parts of Chapter 173–400
WAC contain provisions that are not
related to the criteria pollutants
regulated under title I of the CAA, not
related to the requirements for SIPs
under section 110 of the CAA, or not
changed since the EPA’s last approval.
For this reason, EFSEC’s previous SIP
revision, submitted on December 20,
2016, requested approval for only those
parts of Chapter 173–400 WAC
consistent with the EPA’s October 3,
2014 (79 FR 59653), November 7, 2014
(79 FR 66291), and April 29, 2015 (80
FR 23721) approvals.
II. Washington SIP Revisions
On September 30, 2019, Ecology
submitted EFSEC’s updated adoption by
reference of Chapter 173–400 WAC as
an appendix to Ecology’s SIP revision,
National Ambient Air Quality
Standards: Infrastructure State
Implementation Plan for 2015 Ozone
and 2010 Sulfur Dioxide, to demonstrate
that the state has adequate infrastructure
(statutory, regulatory, and programmatic
authority) to implement revised air
quality standards.1 The updated
adoption by reference was submitted
primarily to bring EFSEC’s regulatory
program current with the most recent
57837
update Ecology made to Chapter 173–
400–025 WAC ‘‘Adoption of federal
rules’’ which adopts by reference the
federal rules as they existed on January
24, 2018. However, the specific Chapter
173–400 WAC provisions adopted by
reference, and submitted to the EPA for
approval, also include changes to
Chapter 173–400 WAC approved by the
EPA on October 6, 2016 (81 FR 69385)
and other recent changes to Chapter
173–400 WAC contained in the
proposed SIP revision submittal Revised
Public Notice Provisions and Other
Changes to Chapters 173–400, 173–405,
173–410, and 173–415 WAC, included
in the docket for this action.
III. Proposed Action
The EPA proposes to approve and
incorporate by reference into the
Washington SIP the revised EFSEC
regulations listed in Table 1 and the
corresponding updates to EFSEC’s
adoption by reference in Table 2.
TABLE 1—ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC) REGULATIONS FOR PROPOSED APPROVAL AND
INCORPORATION BY REFERENCE
State citation
State
effective date
Title/subject
Explanations
Chapter 463–78 WAC, General and Operating Permit Regulations for Air Pollution Sources
78–005 ...............
Adoption by Reference .................................
8/26/19
Subsection (1) only. See the table below for updated Chapter
173–400 WAC provisions adopted by reference and submitted to the EPA for approval.
TABLE 2—REVISED CHAPTER 173–400 WAC, REGULATIONS ADOPTED BY REFERENCE IN WAC 463–78–005 2
State citation
State
effective date
Title/subject
Explanations
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
173–400–025 .....
173–400–030 .....
Adoption of Federal Rules ...........................
Definitions .....................................................
9/16/18
9/16/18
173–400–040 .....
173–400–050 .....
General Standards for Maximum Emissions
Emission Standards for Combustion and Incineration Units.
Emission Standards for General Process
Units.
Records, Monitoring, and Reporting ............
Processing Notice of Construction Applications for Sources, Stationary Sources and
Portable Sources.
Increment Protection ....................................
Public Notice and Opportunity for Public
Comment.
9/16/18
9/16/18
173–400–060 .....
173–400–105 .....
173–400–111 .....
173–400–116 .....
173–400–171 .....
1 The EPA intends to act on the remainder of
Ecology’s infrastructure SIP revision separately.
VerDate Sep<11>2014
20:38 Oct 28, 2019
Jkt 250001
Except: 173–400–030(6); 173–400–030(32); 173–400–
030(38); 173–400–030(45); 173–400–030(83); 173–400–
030(89); 173–400–030(96); 173–400–030(97); 173–400–
030(100); 173–400–030(103); 173–400–030(104).
Except: 173–400–040(2); 173–400–040(3); 173–400–040(5).
Except: 173–400–050(2); 173–400–050(4); 173–400–050(5);
173–400–050(6).
11/25/18
11/25/18
07/01/16
07/01/16
9/16/18
Except: 173–400–111(3)(h);
The part of 173–400–111(8)(a)(v) that says,
• ‘‘and 173–460–040,’’; 173–400–111(9).
Except: The part of 173–400–171(3)(b) that says,
• ‘‘or any increase in emissions of a toxic air pollutant
above the acceptable source impact level for that toxic
air pollutant as regulated under chapter 173–460
WAC’’; 173–400–171(3)(o); 173–400–171(12).
2 Many of the provision of Chapter 173–400 WAC
adopted by reference remain unchanged since the
EPA’s last approval of EFSEC’s regulations and
were not resubmitted as part of the September 30,
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
2019 SIP revision. Other revised Chapter 173–400
WAC provisions were not submitted for approval as
part of this current SIP update.
E:\FR\FM\29OCP1.SGM
29OCP1
57838
Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Proposed Rules
TABLE 2—REVISED CHAPTER 173–400 WAC, REGULATIONS ADOPTED BY REFERENCE IN WAC 463–78–005 2—
Continued
State
effective date
State citation
Title/subject
173–400–710 .....
173–400–720 .....
Definitions .....................................................
Prevention of Significant Deterioration
(PSD).
Prevention of Significant Deterioration Application Processing Procedures.
PSD Permitting Public Involvement Requirements.
Major Stationary Source and Major Modification Definitions.
Permitting Requirements ..............................
Emission Offset Requirements .....................
Actual Emissions Plantwide Applicability
Limitation (PAL).
173–400–730 .....
173–400–740 .....
173–400–810 .....
173–400–830 .....
173–400–840 .....
173–400–850 .....
IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the regulations listed in section III of
this proposal. The EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov.
V. Statutory and Executive Orders
Review
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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.);
VerDate Sep<11>2014
20:38 Oct 28, 2019
Jkt 250001
07/01/16
07/01/16
Explanations
Except: 173–400–720(4)(a)(i through iv) and 173–400–
720(4)(b)(iii)(C).
07/01/16
9/16/18
07/01/16
07/01/16
07/01/16
07/01/16
• 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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Washington’s SIP is approved to apply
on non-trust land within the exterior
boundaries of the Puyallup Indian
Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe
of Indians Settlement Act of 1989, 25
U.S.C. 1773, Congress explicitly
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
provided state and local agencies in
Washington authority over activities on
non-trust lands within the 1873 Survey
Area. Consistent with EPA policy, the
EPA provided a consultation
opportunity to the Puyallup Tribe in a
letter dated May 16, 2019.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 16, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019–23516 Filed 10–28–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2019–0537; FRL–10001–
55–Region 3]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Virginia; Emission
Standards for Existing Municipal Solid
Waste Landfills
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
Clean Air Act (CAA) section 111(d) plan
submitted by the Virginia Department of
Environmental Quality (VADEQ). This
plan was submitted to fulfill the
requirements of the CAA and in
SUMMARY:
E:\FR\FM\29OCP1.SGM
29OCP1
]]>Agencies
[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Proposed Rules]
[Pages 57836-57838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23516]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0568, FRL-10001-57-Region 10]
Air Plan Approval; Washington; Update to the Adoption by
Reference, Energy Facility Site Evaluation Council
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
revise the Washington State Implementation Plan (SIP) to approve
updates to the Energy Facility Site Evaluation Council (EFSEC) air
quality regulations. The EFSEC regulations apply to major energy
facilities in the State of Washington and establish permitting
requirements and emissions standards for such facilities. The EFSEC
regulations primarily adopt by reference the Washington Department of
Ecology (Ecology) general air quality regulations for program
implementation. We are proposing to approve EFSEC's updated adoption by
reference to include certain changes to Ecology's general air quality
regulations since EFSEC's last adoption by reference, consistent with
prior approvals.
DATES: Comments must be received on or before November 29, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0568 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
I. Background
By statute, EFSEC has jurisdiction for managing the air program
with respect to major energy facilities in the State of Washington. See
Chapter 80.50 of the Revised Code of Washington (RCW). The EFSEC air
quality regulations are contained in Chapter 463-78 Washington
Administrative Code (WAC) General and Operating Permit Regulations for
Air Pollution Sources. These EFSEC regulations rely primarily on the
adoption by reference of the corresponding Ecology general air quality
regulations contained in Chapter 173-400 WAC General Regulations for
Air Pollution Sources, with certain exceptions discussed below.
As discussed in our prior approval of the EFSEC regulations on May
30, 2017 (82 FR 24531), EFSEC's adoption by reference of Chapter 173-
400 WAC is modified in several ways. First, references in Chapter 173-
400 WAC regarding appeals are modified to reflect EFSEC's independent
appeals process in WAC 463-78-140. Second, the cross references to fees
under Chapter 173-455 WAC are modified to reflect EFSEC's independent
fee structure set out in Chapter 80.50 RCW. Third, while EFSEC
generally adopts most of the
[[Page 57837]]
provisions of Chapter 173-400 WAC by reference, not all provisions are
included.
EFSEC did not adopt by reference the enforcement and authority
provisions contained in WAC 173-400-220 through 260. For these
provisions, EFSEC relies on its own independent authorities, which are
currently part of Washington's federally-approved SIP under WAC 463-78-
135 through 230. In other cases, such as WAC 173-400-118 Designation of
Class I, II, and III Areas, WAC 173-400-151 Retrofit Requirements for
Visibility Protection, and parts of WAC 173-400-070 Emission Standards
for Certain Source Categories, EFSEC did not adopt these Chapter 173-
400 WAC provisions by reference because they pertain to source
categories or authorities outside the scope of EFSEC's jurisdiction.
Lastly, many parts of Chapter 173-400 WAC contain provisions that
are not related to the criteria pollutants regulated under title I of
the CAA, not related to the requirements for SIPs under section 110 of
the CAA, or not changed since the EPA's last approval. For this reason,
EFSEC's previous SIP revision, submitted on December 20, 2016,
requested approval for only those parts of Chapter 173-400 WAC
consistent with the EPA's October 3, 2014 (79 FR 59653), November 7,
2014 (79 FR 66291), and April 29, 2015 (80 FR 23721) approvals.
II. Washington SIP Revisions
On September 30, 2019, Ecology submitted EFSEC's updated adoption
by reference of Chapter 173-400 WAC as an appendix to Ecology's SIP
revision, National Ambient Air Quality Standards: Infrastructure State
Implementation Plan for 2015 Ozone and 2010 Sulfur Dioxide, to
demonstrate that the state has adequate infrastructure (statutory,
regulatory, and programmatic authority) to implement revised air
quality standards.\1\ The updated adoption by reference was submitted
primarily to bring EFSEC's regulatory program current with the most
recent update Ecology made to Chapter 173-400-025 WAC ``Adoption of
federal rules'' which adopts by reference the federal rules as they
existed on January 24, 2018. However, the specific Chapter 173-400 WAC
provisions adopted by reference, and submitted to the EPA for approval,
also include changes to Chapter 173-400 WAC approved by the EPA on
October 6, 2016 (81 FR 69385) and other recent changes to Chapter 173-
400 WAC contained in the proposed SIP revision submittal Revised Public
Notice Provisions and Other Changes to Chapters 173-400, 173-405, 173-
410, and 173-415 WAC, included in the docket for this action.
---------------------------------------------------------------------------
\1\ The EPA intends to act on the remainder of Ecology's
infrastructure SIP revision separately.
\2\ Many of the provision of Chapter 173-400 WAC adopted by
reference remain unchanged since the EPA's last approval of EFSEC's
regulations and were not resubmitted as part of the September 30,
2019 SIP revision. Other revised Chapter 173-400 WAC provisions were
not submitted for approval as part of this current SIP update.
---------------------------------------------------------------------------
III. Proposed Action
The EPA proposes to approve and incorporate by reference into the
Washington SIP the revised EFSEC regulations listed in Table 1 and the
corresponding updates to EFSEC's adoption by reference in Table 2.
Table 1--Energy Facilities Site Evaluation Council (EFSEC) Regulations
for Proposed Approval and Incorporation by Reference
------------------------------------------------------------------------
State
State citation Title/subject effective date Explanations
------------------------------------------------------------------------
Chapter 463-78 WAC, General and Operating Permit Regulations for Air
Pollution Sources
------------------------------------------------------------------------
78-005............... Adoption by 8/26/19 Subsection (1)
Reference. only. See the
table below
for updated
Chapter 173-
400 WAC
provisions
adopted by
reference and
submitted to
the EPA for
approval.
------------------------------------------------------------------------
Table 2--Revised Chapter 173-400 WAC, Regulations Adopted by Reference
in WAC 463-78-005 \2\
------------------------------------------------------------------------
State
State citation Title/subject effective date Explanations
------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400--General Regulations for
Air Pollution Sources
------------------------------------------------------------------------
173-400-025.......... Adoption of 9/16/18 ...............
Federal Rules.
173-400-030.......... Definitions..... 9/16/18 Except: 173-400-
030(6); 173-
400-030(32);
173-400-030(38
); 173-400-
030(45); 173-
400-030(83);
173-400-030(89
); 173-400-
030(96); 173-
400-030(97);
173-400-030(10
0); 173-400-
030(103); 173-
400-030(104).
173-400-040.......... General 9/16/18 Except: 173-400-
Standards for 040(2); 173-
Maximum 400-040(3);
Emissions. 173-400-040(5)
.
173-400-050.......... Emission 9/16/18 Except: 173-400-
Standards for 050(2); 173-
Combustion and 400-050(4);
Incineration 173-400-050(5)
Units. ; 173-400-
050(6).
173-400-060.......... Emission 11/25/18 ...............
Standards for
General Process
Units.
173-400-105.......... Records, 11/25/18 ...............
Monitoring, and
Reporting.
173-400-111.......... Processing 07/01/16 Except: 173-400-
Notice of 111(3)(h);
Construction The part of 173-
Applications 400-111(8)(a)(
for Sources, v) that says,
Stationary ``and
Sources and 173-460-040,''
Portable ; 173-400-
Sources. 111(9).
173-400-116.......... Increment 07/01/16 ...............
Protection.
173-400-171.......... Public Notice 9/16/18 Except: The
and Opportunity part of 173-
for Public 400-171(3)(b)
Comment. that says,
``or
any increase
in emissions
of a toxic air
pollutant
above the
acceptable
source impact
level for that
toxic air
pollutant as
regulated
under chapter
173-460 WAC'';
173-400-171(3)
(o); 173-400-
171(12).
[[Page 57838]]
173-400-710.......... Definitions..... 07/01/16 ...............
173-400-720.......... Prevention of 07/01/16 Except: 173-400-
Significant 720(4)(a)(i
Deterioration through iv)
(PSD). and 173-400-
720(4)(b)(iii)
(C).
173-400-730.......... Prevention of 07/01/16 ...............
Significant
Deterioration
Application
Processing
Procedures.
173-400-740.......... PSD Permitting 9/16/18 ...............
Public
Involvement
Requirements.
173-400-810.......... Major Stationary 07/01/16 ...............
Source and
Major
Modification
Definitions.
173-400-830.......... Permitting 07/01/16 ...............
Requirements.
173-400-840.......... Emission Offset 07/01/16 ...............
Requirements.
173-400-850.......... Actual Emissions 07/01/16 ...............
Plantwide
Applicability
Limitation
(PAL).
------------------------------------------------------------------------
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the regulations listed in section III of this proposal. The
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov.
V. Statutory and Executive Orders Review
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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.);
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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Washington's SIP is approved to apply on non-trust land within the
exterior boundaries of the Puyallup Indian Reservation, also known as
the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and
local agencies in Washington authority over activities on non-trust
lands within the 1873 Survey Area. Consistent with EPA policy, the EPA
provided a consultation opportunity to the Puyallup Tribe in a letter
dated May 16, 2019.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 16, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-23516 Filed 10-28-19; 8:45 am]
BILLING CODE 6560-50-P
