Air Plan Approval; WA; Updates to Source-Category Regulations, 66366-66368 [2019-26146]
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<![CDATA[
66366
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Proposed Rules
State effective
date
State citation
Title/subject
173–400–040 ..........
General Standards for
Maximum Emissions.
Emission Standards for
Combustion and Incineration Units.
Emission Standards for
General Process Units.
Records, Monitoring, and
Reporting.
Public Notice and Opportunity for Public Comment..
173–400–050 ..........
173–400–060 ..........
173–400–105 ..........
173–400–171 ..........
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 in section III above and
correct the typographical error
discussed in section II.E. in this
preamble. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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
16:13 Dec 03, 2019
Jkt 250001
9/16/18
9/16/18
Explanations
Except: 173–400–040(2); 173–400–040(3); 173–400–040(4); 173–400–
040(5); 173–400–040(9).
Except: 173–400–050(2); 173–400–050(4); 173–400–050(5); 173–400–
050(6).
11/25/18
11/25/18
9/16/18
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).
• 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
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
Area. Consistent with EPA policy, the
EPA provided a consultation
opportunity to the Puyallup Tribe in a
letter dated March 21, 2018.
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: November 22, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019–26147 Filed 12–3–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0636: FRL–10002–
84–Region 10]
Air Plan Approval; WA; Updates to
Source-Category Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Washington State
Implementation Plan (SIP) that were
submitted by the Department of Ecology
(Ecology). In 1991, Ecology established
source-category regulations for kraft
pulp mills, sulfite pulping mills, and
primary aluminum plants. These
source-category regulations contain
requirements specific to these types of
facilities. However, the source-category
regulations also rely upon crossreferences to the general air quality
regulations to implement program
SUMMARY:
E:\FR\FM\04DEP1.SGM
04DEP1
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Proposed Rules
elements such as new source review
permitting. Since 1991, many of the
cross-references to the general
regulations for air pollution sources
have changed. In this action, the EPA is
proposing to revise the SIP to update the
cross-references and other
miscellaneous changes.
DATES: Written comments must be
received on or before January 3, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2019–0636 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, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
I. Background
In 1991, Washington established rules
for kraft pulp mills, sulfite pulp mills,
and primary aluminum plants and
submitted the rules to the EPA for
approval into the Washington SIP. The
EPA approved Chapters 173–405 Kraft
Pulping Mills, 173–410 Sulfite Pulping
Mills, and 173–415 Primary Aluminum
Plants Washington Administrative Code
(WAC) on January 15, 1993 (58 FR
VerDate Sep<11>2014
16:13 Dec 03, 2019
Jkt 250001
4578). These regulations established
source-category specific requirements
with cross-references to Chapter 173–
400 WAC General Regulations for Air
Pollution Sources to meet general
requirements. Since the EPA’s last
approval in 1993, many of the crossreferences contained in Chapters 173–
405, 173–410, and 173–415 WAC have
changed. On November 5, 2019, Ecology
submitted updated portions of Chapters
173–405, 173–410, and 173–415 WAC
for approval into the SIP.
II. Analysis of Rule Updates
Washington’s SIP submission consists
primarily of minor changes to the rules,
with a few more substantive changes
described below. The relatively minor
changes to Chapters 173–405, 173–410,
and 173–415 WAC include updating
cross-references to the requirements in
Chapter 173–400 WAC and making
clarifying changes to definitions and
supporting rule language. Redline/
strikeout analyses of Ecology’s 2019 rule
revisions proposed for approval are
included in the docket for this action.
The more significant changes include
revising WAC 173–405–072 Monitoring
Requirements and 173–410–062
Monitoring Requirements to extend the
timeframe for submission of source
testing reports from fifteen days to sixty
days for kraft and sulfite pulping mills.
Ecology’s SIP submission explains that
the change was made to provide a more
realistic timeframe to complete and
submit a quality-assured performance
test report. The sixty-day timeframe is
the same as the federal performance
report submission timeline established
for the pulp and paper industry in 40
CFR part 63, subpart S. See 40 CFR.
63.455(h)(2). Similarly, Ecology revised
WAC 173–415–060 Monitoring
Requirements to extend the time
allowed for submission of source testing
reports from thirty to sixty days for
primary aluminum plants. This sixtyday timeframe is the same as the federal
performance report submission timeline
for primary aluminum plants in 40 CFR
pat 63, subpart LL. See 40 CFR 63.850(b)
for primary aluminum plants.
In addition to the 2019 regulatory
changes described above, effective
September 23, 2005, Ecology revised
Chapter 173–415 WAC, which was not
submitted for SIP revision at that time.
Specifically, Ecology revised WAC 173–
415–020 Definitions and WAC 173–415–
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
66367
060 Monitoring and Reporting to better
align with the federal definitions and
requirements in 40 CFR part 63, subpart
LL. Ecology also added WAC 173–415–
015 Applicability that clarified the
general provisions of Chapter 173–400
WAC apply to all emission sources,
including all primary aluminum
reduction plants. This revision allowed
Ecology to repeal the redundant
provisions of WAC 173–415–045
Creditable Stack Height & Dispersion
Techniques, WAC 173–415–050 New
Source Review (NSR), 173–415–051
Prevention of Significant Deterioration
(PSD), and 173–415–080 Emission
Inventory, which cited to older,
subsequently revised provisions of
Chapter 173–400 WAC. A copy of the
2005 changes (WSR 05–17–169) is
included in the docket for this action.
We are proposing to approve these
changes. We also note, as described
below, that Ecology’s 2005 revisions
related to the regulation of fluorides are
outside the scope of Clean Air Act
(CAA) section 110 requirements for
SIPs.
Consistent with our January 15, 1993
approval, Ecology did not submit
requirements related to total reduced
sulfur, fluorides, or cross-references to
toxic air pollutants regulated under
Chapter 173–460 WAC, because they are
outside the scope of CAA section 110
requirements for SIPs. Similarly,
Chapters 173–405, 173–410, and 173–
415 WAC cross-reference Chapter 173–
400 WAC; however, not all provisions of
Chapter 173–400 WAC are contained in
the SIP.1 Lastly, Ecology did not submit
all revisions to Chapters 173–405, 173–
410, and 173–415 WAC as part of the
current SIP update. Please see Appendix
A of Ecology’s November 5, 2019, SIP
revision request for a full listing of
updates submitted for approval.
III. Proposed Action
We are proposing to approve and
incorporate by reference the revisions to
the Washington SIP shown in the table
below. We are also proposing to remove
from the SIP the outdated and
subsequent repealed provisions of WAC
173–415–045, 173–415–050, 173–415–
051, and 173–415–080.
1 See 40 CFR 52.2470(c), Table 2—Additional
Regulations Approved for Washington Department
of Ecology (Ecology) Direct Jurisdiction.
E:\FR\FM\04DEP1.SGM
04DEP1
66368
Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Proposed Rules
State citation
State
effective
date
Title/subject
Explanations
Washington Administrative Code, Chapter 173–405—Kraft Pulping Mills
173–405–021 .........
173–405–072 .........
173–405–086 .........
Definitions ..................................................
Monitoring Requirements ..........................
New Source Review (NSR) ......................
5/24/19
5/24/19
5/24/19
173–405–087 .........
Prevention of Significant Deterioration
(PSD).
5/24/19
Except 173–405–072(2).
Except provisions related to WAC 173–400–114 and provisions excluded from our
approval of WAC 173–400–110 through 173–400–113.
Except 173–400–720(4)(a)(i through iv), 173–400–720(4)(b)(iii)(C), and 173–400–
750(2) second sentence.
Washington Administrative Code, Chapter 173–410—Sulfite Pulping Mills
173–410–021 .........
173–410–062 .........
173–410–086 .........
Definitions ..................................................
Monitoring Requirements ..........................
New Source Review (NSR) ......................
5/24/19
5/24/19
5/24/19
173–410–087 .........
Prevention of Significant Deterioration
(PSD).
5/24/19
Except provisions related to WAC 173–400–114 and provisions excluded from our
approval of WAC 173–400–110 through 173–400–113.
Except 173–400–720(4)(a)(i through iv), 173–400–720(4)(b)(iii)(C), and 173–400–
750(2) second sentence.
Washington Administrative Code, Chapter 173–415—Primary Aluminum Plants
173–415–015 .........
173–415–020 .........
173–415–060 .........
Applicability ...............................................
Definitions ..................................................
Monitoring and Reporting ..........................
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 regulatory changes described in
section III above. The EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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;
VerDate Sep<11>2014
19:43 Dec 03, 2019
Jkt 250001
5/24/19
5/24/19
5/24/19
Except 173–415–015(3).
Except 173–415–020(6).
Except 173–415–060(1)(b).
• 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
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
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: November 22, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019–26146 Filed 12–3–19; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\04DEP1.SGM
04DEP1
]]>Agencies
[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Proposed Rules]
[Pages 66366-66368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26146]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0636: FRL-10002-84-Region 10]
Air Plan Approval; WA; Updates to Source-Category Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Washington State Implementation Plan (SIP)
that were submitted by the Department of Ecology (Ecology). In 1991,
Ecology established source-category regulations for kraft pulp mills,
sulfite pulping mills, and primary aluminum plants. These source-
category regulations contain requirements specific to these types of
facilities. However, the source-category regulations also rely upon
cross-references to the general air quality regulations to implement
program
[[Page 66367]]
elements such as new source review permitting. Since 1991, many of the
cross-references to the general regulations for air pollution sources
have changed. In this action, the EPA is proposing to revise the SIP to
update the cross-references and other miscellaneous changes.
DATES: Written comments must be received on or before January 3, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0636 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, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, 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
In 1991, Washington established rules for kraft pulp mills, sulfite
pulp mills, and primary aluminum plants and submitted the rules to the
EPA for approval into the Washington SIP. The EPA approved Chapters
173-405 Kraft Pulping Mills, 173-410 Sulfite Pulping Mills, and 173-415
Primary Aluminum Plants Washington Administrative Code (WAC) on January
15, 1993 (58 FR 4578). These regulations established source-category
specific requirements with cross-references to Chapter 173-400 WAC
General Regulations for Air Pollution Sources to meet general
requirements. Since the EPA's last approval in 1993, many of the cross-
references contained in Chapters 173-405, 173-410, and 173-415 WAC have
changed. On November 5, 2019, Ecology submitted updated portions of
Chapters 173-405, 173-410, and 173-415 WAC for approval into the SIP.
II. Analysis of Rule Updates
Washington's SIP submission consists primarily of minor changes to
the rules, with a few more substantive changes described below. The
relatively minor changes to Chapters 173-405, 173-410, and 173-415 WAC
include updating cross-references to the requirements in Chapter 173-
400 WAC and making clarifying changes to definitions and supporting
rule language. Redline/strikeout analyses of Ecology's 2019 rule
revisions proposed for approval are included in the docket for this
action. The more significant changes include revising WAC 173-405-072
Monitoring Requirements and 173-410-062 Monitoring Requirements to
extend the timeframe for submission of source testing reports from
fifteen days to sixty days for kraft and sulfite pulping mills.
Ecology's SIP submission explains that the change was made to provide a
more realistic timeframe to complete and submit a quality-assured
performance test report. The sixty-day timeframe is the same as the
federal performance report submission timeline established for the pulp
and paper industry in 40 CFR part 63, subpart S. See 40 CFR.
63.455(h)(2). Similarly, Ecology revised WAC 173-415-060 Monitoring
Requirements to extend the time allowed for submission of source
testing reports from thirty to sixty days for primary aluminum plants.
This sixty-day timeframe is the same as the federal performance report
submission timeline for primary aluminum plants in 40 CFR pat 63,
subpart LL. See 40 CFR 63.850(b) for primary aluminum plants.
In addition to the 2019 regulatory changes described above,
effective September 23, 2005, Ecology revised Chapter 173-415 WAC,
which was not submitted for SIP revision at that time. Specifically,
Ecology revised WAC 173-415-020 Definitions and WAC 173-415-060
Monitoring and Reporting to better align with the federal definitions
and requirements in 40 CFR part 63, subpart LL. Ecology also added WAC
173-415-015 Applicability that clarified the general provisions of
Chapter 173-400 WAC apply to all emission sources, including all
primary aluminum reduction plants. This revision allowed Ecology to
repeal the redundant provisions of WAC 173-415-045 Creditable Stack
Height & Dispersion Techniques, WAC 173-415-050 New Source Review
(NSR), 173-415-051 Prevention of Significant Deterioration (PSD), and
173-415-080 Emission Inventory, which cited to older, subsequently
revised provisions of Chapter 173-400 WAC. A copy of the 2005 changes
(WSR 05-17-169) is included in the docket for this action. We are
proposing to approve these changes. We also note, as described below,
that Ecology's 2005 revisions related to the regulation of fluorides
are outside the scope of Clean Air Act (CAA) section 110 requirements
for SIPs.
Consistent with our January 15, 1993 approval, Ecology did not
submit requirements related to total reduced sulfur, fluorides, or
cross-references to toxic air pollutants regulated under Chapter 173-
460 WAC, because they are outside the scope of CAA section 110
requirements for SIPs. Similarly, Chapters 173-405, 173-410, and 173-
415 WAC cross-reference Chapter 173-400 WAC; however, not all
provisions of Chapter 173-400 WAC are contained in the SIP.\1\ Lastly,
Ecology did not submit all revisions to Chapters 173-405, 173-410, and
173-415 WAC as part of the current SIP update. Please see Appendix A of
Ecology's November 5, 2019, SIP revision request for a full listing of
updates submitted for approval.
---------------------------------------------------------------------------
\1\ See 40 CFR 52.2470(c), Table 2--Additional Regulations
Approved for Washington Department of Ecology (Ecology) Direct
Jurisdiction.
---------------------------------------------------------------------------
III. Proposed Action
We are proposing to approve and incorporate by reference the
revisions to the Washington SIP shown in the table below. We are also
proposing to remove from the SIP the outdated and subsequent repealed
provisions of WAC 173-415-045, 173-415-050, 173-415-051, and 173-415-
080.
[[Page 66368]]
------------------------------------------------------------------------
State
State citation Title/subject effective Explanations
date
------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-405--Kraft Pulping Mills
------------------------------------------------------------------------
173-405-021......... Definitions.... 5/24/19 ....................
173-405-072......... Monitoring 5/24/19 Except 173-405-
Requirements. 072(2).
173-405-086......... New Source 5/24/19 Except provisions
Review (NSR). related to WAC 173-
400-114 and
provisions excluded
from our approval
of WAC 173-400-110
through 173-400-
113.
173-405-087......... Prevention of 5/24/19 Except 173-400-
Significant 720(4)(a)(i through
Deterioration iv), 173-400-
(PSD). 720(4)(b)(iii)(C),
and 173-400-750(2)
second sentence.
------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-410--Sulfite Pulping Mills
------------------------------------------------------------------------
173-410-021......... Definitions.... 5/24/19 ....................
173-410-062......... Monitoring 5/24/19 ....................
Requirements.
173-410-086......... New Source 5/24/19 Except provisions
Review (NSR). related to WAC 173-
400-114 and
provisions excluded
from our approval
of WAC 173-400-110
through 173-400-
113.
173-410-087......... Prevention of 5/24/19 Except 173-400-
Significant 720(4)(a)(i through
Deterioration iv), 173-400-
(PSD). 720(4)(b)(iii)(C),
and 173-400-750(2)
second sentence.
------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-415--Primary Aluminum Plants
------------------------------------------------------------------------
173-415-015......... Applicability.. 5/24/19 Except 173-415-
015(3).
173-415-020......... Definitions.... 5/24/19 Except 173-415-
020(6).
173-415-060......... Monitoring and 5/24/19 Except 173-415-
Reporting. 060(1)(b).
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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 regulatory changes described in section III above. 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: November 22, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-26146 Filed 12-3-19; 8:45 am]
BILLING CODE 6560-50-P
