Air Plan Approval; Washington; Revised Public Notice Provisions and Other Miscellaneous Revisions, 66363-66366 [2019-26147]

Download as PDF Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS § 10.1–1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by Federal law to maintain program delegation, authorization or approval.’’ Virginia’s Immunity law, Va. Code Sec. 10.1–1199, provides that ‘‘[t]o the extent consistent with requirements imposed by Federal law,’’ any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General’s January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any Federally authorized programs, since ‘‘no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with Federal law, which is one of the criteria for immunity.’’ Therefore, EPA has determined that Virginia’s Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its program consistent with the Federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on Federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the CAA is likewise unaffected by this, or any, state audit privilege or immunity law. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 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 proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office VerDate Sep<11>2014 16:13 Dec 03, 2019 Jkt 250001 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 application of those requirements would be inconsistent with the CAA; and • Does not provide 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 proposed for approval to apply on any Indian reservation land as defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule proposing to approve Virginia’s submittal addressing the infrastructure requirements of CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the 2015 ozone NAAQS 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 66363 recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 21, 2019. Diana Esher, Acting Regional Administrator, Region III. [FR Doc. 2019–26145 Filed 12–3–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2019–0635, FRL–10002– 87–Region 10] Air Plan Approval; Washington; Revised Public Notice Provisions and Other Miscellaneous Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the general air quality regulations submitted by the Washington Department of Ecology. The four categories of revisions to the State Implementation Plan (SIP) proposed for approval in this action are: Revising the adoption by reference date for federal regulations cross referenced in the state regulations; revising the definition of volatile organic compounds (VOC) to match changes to the federal definition; updating public involvement procedures for the new source review air permitting program to reflect changes to the federal requirements, allowing greater use of electronic notice and electronic access to information; and correcting typographical errors and minor wording changes for clarity. DATES: Comments must be received on or before January 3, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2019–0635 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 SUMMARY: E:\FR\FM\04DEP1.SGM 04DEP1 66364 Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Proposed Rules 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. This SUPPLEMENTARY INFORMATION section is arranged as follows: Table of Contents I. Background II. Analysis of Rule Updates III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Orders Review I. Background khammond on DSKJM1Z7X2PROD with PROPOSALS Section 110 of the Clean Air Act (CAA) governs the process by which a state submits air quality requirements to the EPA for approval into the SIP. The SIP is a state’s plan to implement, maintain, and enforce the national ambient air quality standards (NAAQS). Washington’s general air quality regulations are set forth at Chapter 173– 400 of the Washington Administrative Code (WAC). On November 5, 2019, the Washington Department of Ecology (Ecology) submitted a SIP revision titled Revised Public Notice Provisions in Chapter 173–400 Washington Administrative Code and Other Miscellaneous Changes. This SIP revision includes changes to the public notice process as well as several miscellaneous changes proposed for approval as described below. We note that Ecology’s SIP revision also included miscellaneous changes to the statewide Chapter 173–405 WAC Kraft Pulping Mills, Chapter 173–410 WAC Sulfite Pulping Mills, and Chapter 173– 415 WAC Primary Aluminum Plants regulations which we will address in a separate action. II. Analysis of Rule Updates A. WAC 173–400–025 WAC 173–400–025 Adoption of Federal Rules, last approved by the EPA on October 6, 2016, adopts by reference the federal air quality regulations as they existed on January 1, 2016 (81 FR 69385). As part of the current submittal, VerDate Sep<11>2014 16:13 Dec 03, 2019 Jkt 250001 Ecology revised WAC 173–400–025 to include changes to the federal air quality regulations as of January 24, 2018. This includes, with certain exceptions, Ecology’s adoption by reference of 40 CFR 52.21, which implements the Prevention of Significant Deterioration permitting program. The EPA is proposing to approve this change. B. Definition of VOC In several actions promulgated between 2012 and 2016, the EPA revised the federal definition of VOC in 40 CFR 51.100(s) to add ten compounds defined as VOC-exempt.1 In our February 25, 2016, final rule (81 FR 9339), the EPA also eliminated recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements related to tbutyl acetate (also known as tertiary butyl acetate or TBAC; CAS Number: 540–88–5). As part of the current submittal, Ecology revised the definition for ‘‘Volatile organic compound (VOC)’’ in WAC 173–400–030(102) to include all federal updates as of Ecology’s rule adoption.2 The EPA is proposing to approve this change. C. Permitting Public Involvement Requirements On October 18, 2016, the EPA revised the public involvement requirements for federal, state, and local permitting programs, including the new source review permitting program (81 FR 71613). The EPA’s final rule removed the mandatory requirement to provide public notice of a draft air permit through publication in a newspaper. Instead, the final rule allows for electronic notice (e-notice), including electronic access to the draft permit (eaccess), as an option for permitting authorities implementing EPA-approved programs. The EPA anticipated that enotice would enable permitting authorities to communicate permitting actions to the public more quickly and efficiently. The EPA further anticipated that e-access would expand access to permit-related documents. Ecology submitted revised versions of WAC 173–400–171 Public Notice and Opportunity for Public Comment and WAC 173–400–740 Permitting Public Involvement Requirements 1 See 77 FR 37610 (June 22, 2012), 78 FR 9823 (February 12, 2013), 78 FR 53029 (August 28, 2013), 78 FR 62451 (October 22, 2013), 79 FR 17037 (March 27, 2014), 81 FR 9339 (February 25, 2016), and 81 FR 50330 (August 1, 2016). 2 On November 16, 2018, the EPA added HFO– 1336mzz-Z to the list of compounds excluded from the regulatory definition of volatile organic compounds (83 FR 61127, November 28, 2018). PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 implementing these changes. A redline/ strikeout analysis of the changes is included in the docket for this action. Ecology also added a definition in WAC 173–400–030(26) for the term ‘‘electronic means’’ to support the use of e-notice and e-access. The EPA is proposing to approve the submitted changes. We note that Ecology did not submit, and the EPA is not proposing to approve, WAC 173–400–171 subsections (3)(o), (12), and the portion of (3)(b) related to the regulation of toxic air pollutants, because these subsections are outside the scope of this current action. D. Typographical Corrections and Stylistic Changes As part of the Revised Public Notice Provisions in Chapter 173–400 Washington Administrative Code and Other Miscellaneous Changes submittal, Ecology submitted several nonsubstantive typographical and stylistic updates to WAC 173–400–030 Definitions, WAC 173–400–040 General Standards for Maximum Emissions, WAC 173–400–050 Emission Standards for Combustion and Incineration Units, WAC 173–400–060 Emission Standards for General Process Units, and WAC 173–400–105 Records, Monitoring, and Reporting. A redline/strikeout of the changes is included in the docket for this action. We note that Ecology did not submit all changes to Chapter 173– 400 WAC as part of this current update. Specifically, Ecology submitted nonsubstantive revisions to WAC 173–400– 030 subsections: (5), (13), (18), (29), (30), (35), (48), (53), (56), (59), (62), (72), (74), (82), (90), (91), (94), and (105). We note that Ecology renumbered many of the definitions contained in WAC 173–400– 030 since our last approval (79 FR 59653, October 3, 2014). As noted in the proposed rulemaking for our October 3, 2014, final action, Ecology did not submit for approval the definition of ‘Toxic air pollutant (TAP)’ or ‘toxic air contaminant’ contained in WAC 173– 400–030(91), because these pollutants are not criteria pollutants or EPAidentified precursors under section 110 of the CAA.3 This definition was subsequently renumbered to WAC 173– 400–030(96) and was again not submitted for approval. We also note that Washington did not submit as part of this SIP revision several new definitions added to WAC 173–400–030. Specifically, these definitions are WAC 173–400–030 subsections: (6), (45), (83), (89), (97), (100), (103) and (104). Ecology also did not submit as part of this SIP revision, changes to the definitions in 3 79 E:\FR\FM\04DEP1.SGM FR 39351, July 10, 2014, at page 39352. 04DEP1 Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Proposed Rules subsubsections (30) and (36), subsequently renumbered to (32) and (38). Therefore, the EPA will retain the definitions last approved on October 3, 2014 (79 FR 59653). Similarly, Ecology submitted non-substantive changes to WAC 173–400–040 subsection (1) but did not submit the more substantive changes to subsection (2) as part of this update.4 The EPA will retain the version of WAC 173–400–040(2) last approved on October 6, 2016 (81 FR 69386). We also note that our prior approval of WAC 173–400–040 did not include subsections (3) and (5), which were also not submitted as part of this update. Other non-substantive revisions submitted for approval include clarifying changes to WAC 173–400–050 subsection (1), WAC 173–400–060, and WAC 173–400–105, which are included in the docket for this action. E. Benton Clean Air Agency As discussed in our November 17, 2015 final approval, Benton Clean Air Agency (BCAA) generally uses Chapter State citation 173–400 WAC for program implementation, with certain exceptions (80 FR 71695). Ecology requested that the EPA approve the Chapter 173–400 WAC revisions discussed above to apply within BCAA’s jurisdiction, with one exception. BCAA does not implement WAC provisions related to the Prevention of Significant Deterioration permitting program under 173–400–700 through 173–400–750. Therefore, Ecology did not request approval of WAC 173–400–740 Permitting Public Involvement Requirements for BCAA’s direct permitting jurisdiction. We also note that in our November 17, 2015, final approval, BCAA Regulation I, sections 4.01(A) and 4.01(B) replaced the WAC 173–400–030 definitions for ‘‘fugitive dust’’ and ‘‘fugitive emissions.’’ These two definitions were renumbered in the most recent rule revision to WAC 173–400–030(40) and (41), respectively. Similarly, in our prior approval, BCAA sections 4.02(B), 4.02(C)(1), and 4.02(C)(3) replaced WAC 173–400–040 subsections (4), (9)(a), and State effective date Title/subject 66365 (9)(b), respectively. We are proposing to revise our approval of the Benton Clean Air Agency regulations accordingly. We are also proposing to correct a typographical error from a previous approval. In our November 17, 2015 final approval, we approved WAC 173– 400–081 (state effective April 1, 2011) to apply in BCAA’s jurisdiction. In a subsequent final action published October 6, 2016 (81 FR 69389), our prior approval of WAC 173–400–081 was inadvertently deleted from 40 CFR 52.2470(c), Table 4—Additional Regulations Approved for Benton Clean Air Agency (BCAA) Jurisdiction. We are proposing to amend 40 CFR 52.2470 to correct this error. III. Proposed Action We are proposing to approve and incorporate by reference in the Washington SIP at 40 CFR 52.2470(c) the following revisions as shown in the table below. We are also proposing to correct 40 CFR 52.2470 for BCAA’s jurisdiction, as discussed above. Explanations 40 CFR 52.2470(c), 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 173–400–025 .......... 173–400–030 .......... 173–400–040 .......... 173–400–050 .......... 173–400–060 .......... 173–400–105 .......... 173–400–171 .......... 173–400–740 .......... Adoption of Federal Rules. Definitions ....................... 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. PSD Permitting Public Involvement Requirements. 9/16/18 9/16/18 9/16/18 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(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 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). 9/16/18 40 CFR 52.2470(c), TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION khammond on DSKJM1Z7X2PROD with PROPOSALS 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 Except: 173–400–030(6); 173–400–030(32); 173–400–030(38); 173–400– 030(40); 173–400–030(41); 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). 4 Ecology also revised WAC 173–400–040 subsection (7), however the revised text was not part of the SIP. VerDate Sep<11>2014 16:13 Dec 03, 2019 Jkt 250001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 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

Agencies

[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Proposed Rules]
[Pages 66363-66366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26147]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0635, FRL-10002-87-Region 10]


Air Plan Approval; Washington; Revised Public Notice Provisions 
and Other Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the general air quality regulations submitted by 
the Washington Department of Ecology. The four categories of revisions 
to the State Implementation Plan (SIP) proposed for approval in this 
action are: Revising the adoption by reference date for federal 
regulations cross referenced in the state regulations; revising the 
definition of volatile organic compounds (VOC) to match changes to the 
federal definition; updating public involvement procedures for the new 
source review air permitting program to reflect changes to the federal 
requirements, allowing greater use of electronic notice and electronic 
access to information; and correcting typographical errors and minor 
wording changes for clarity.

DATES: Comments must be received on or before January 3, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0635 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

[[Page 66364]]

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. This 
supplementary information section is arranged as follows:

Table of Contents

I. Background
II. Analysis of Rule Updates
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background

    Section 110 of the Clean Air Act (CAA) governs the process by which 
a state submits air quality requirements to the EPA for approval into 
the SIP. The SIP is a state's plan to implement, maintain, and enforce 
the national ambient air quality standards (NAAQS). Washington's 
general air quality regulations are set forth at Chapter 173-400 of the 
Washington Administrative Code (WAC). On November 5, 2019, the 
Washington Department of Ecology (Ecology) submitted a SIP revision 
titled Revised Public Notice Provisions in Chapter 173-400 Washington 
Administrative Code and Other Miscellaneous Changes. This SIP revision 
includes changes to the public notice process as well as several 
miscellaneous changes proposed for approval as described below. We note 
that Ecology's SIP revision also included miscellaneous changes to the 
statewide Chapter 173-405 WAC Kraft Pulping Mills, Chapter 173-410 WAC 
Sulfite Pulping Mills, and Chapter 173-415 WAC Primary Aluminum Plants 
regulations which we will address in a separate action.

II. Analysis of Rule Updates

A. WAC 173-400-025

    WAC 173-400-025 Adoption of Federal Rules, last approved by the EPA 
on October 6, 2016, adopts by reference the federal air quality 
regulations as they existed on January 1, 2016 (81 FR 69385). As part 
of the current submittal, Ecology revised WAC 173-400-025 to include 
changes to the federal air quality regulations as of January 24, 2018. 
This includes, with certain exceptions, Ecology's adoption by reference 
of 40 CFR 52.21, which implements the Prevention of Significant 
Deterioration permitting program. The EPA is proposing to approve this 
change.

B. Definition of VOC

    In several actions promulgated between 2012 and 2016, the EPA 
revised the federal definition of VOC in 40 CFR 51.100(s) to add ten 
compounds defined as VOC-exempt.\1\ In our February 25, 2016, final 
rule (81 FR 9339), the EPA also eliminated recordkeeping, emissions 
reporting, photochemical dispersion modeling and inventory requirements 
related to t-butyl acetate (also known as tertiary butyl acetate or 
TBAC; CAS Number: 540-88-5). As part of the current submittal, Ecology 
revised the definition for ``Volatile organic compound (VOC)'' in WAC 
173-400-030(102) to include all federal updates as of Ecology's rule 
adoption.\2\ The EPA is proposing to approve this change.
---------------------------------------------------------------------------

    \1\ See 77 FR 37610 (June 22, 2012), 78 FR 9823 (February 12, 
2013), 78 FR 53029 (August 28, 2013), 78 FR 62451 (October 22, 
2013), 79 FR 17037 (March 27, 2014), 81 FR 9339 (February 25, 2016), 
and 81 FR 50330 (August 1, 2016).
    \2\ On November 16, 2018, the EPA added HFO-1336mzz-Z to the 
list of compounds excluded from the regulatory definition of 
volatile organic compounds (83 FR 61127, November 28, 2018).
---------------------------------------------------------------------------

C. Permitting Public Involvement Requirements

    On October 18, 2016, the EPA revised the public involvement 
requirements for federal, state, and local permitting programs, 
including the new source review permitting program (81 FR 71613). The 
EPA's final rule removed the mandatory requirement to provide public 
notice of a draft air permit through publication in a newspaper. 
Instead, the final rule allows for electronic notice (e-notice), 
including electronic access to the draft permit (e-access), as an 
option for permitting authorities implementing EPA-approved programs. 
The EPA anticipated that e-notice would enable permitting authorities 
to communicate permitting actions to the public more quickly and 
efficiently. The EPA further anticipated that e-access would expand 
access to permit-related documents. Ecology submitted revised versions 
of WAC 173-400-171 Public Notice and Opportunity for Public Comment and 
WAC 173-400-740 Permitting Public Involvement Requirements implementing 
these changes. A redline/strikeout analysis of the changes is included 
in the docket for this action. Ecology also added a definition in WAC 
173-400-030(26) for the term ``electronic means'' to support the use of 
e-notice and e-access. The EPA is proposing to approve the submitted 
changes. We note that Ecology did not submit, and the EPA is not 
proposing to approve, WAC 173-400-171 subsections (3)(o), (12), and the 
portion of (3)(b) related to the regulation of toxic air pollutants, 
because these subsections are outside the scope of this current action.

D. Typographical Corrections and Stylistic Changes

    As part of the Revised Public Notice Provisions in Chapter 173-400 
Washington Administrative Code and Other Miscellaneous Changes 
submittal, Ecology submitted several non-substantive typographical and 
stylistic updates to WAC 173-400-030 Definitions, WAC 173-400-040 
General Standards for Maximum Emissions, WAC 173-400-050 Emission 
Standards for Combustion and Incineration Units, WAC 173-400-060 
Emission Standards for General Process Units, and WAC 173-400-105 
Records, Monitoring, and Reporting. A redline/strikeout of the changes 
is included in the docket for this action. We note that Ecology did not 
submit all changes to Chapter 173-400 WAC as part of this current 
update. Specifically, Ecology submitted non-substantive revisions to 
WAC 173-400-030 subsections: (5), (13), (18), (29), (30), (35), (48), 
(53), (56), (59), (62), (72), (74), (82), (90), (91), (94), and (105). 
We note that Ecology renumbered many of the definitions contained in 
WAC 173-400-030 since our last approval (79 FR 59653, October 3, 2014). 
As noted in the proposed rulemaking for our October 3, 2014, final 
action, Ecology did not submit for approval the definition of `Toxic 
air pollutant (TAP)' or `toxic air contaminant' contained in WAC 173-
400-030(91), because these pollutants are not criteria pollutants or 
EPA-identified precursors under section 110 of the CAA.\3\ This 
definition was subsequently renumbered to WAC 173-400-030(96) and was 
again not submitted for approval. We also note that Washington did not 
submit as part of this SIP revision several new definitions added to 
WAC 173-400-030. Specifically, these definitions are WAC 173-400-030 
subsections: (6), (45), (83), (89), (97), (100), (103) and (104). 
Ecology also did not submit as part of this SIP revision, changes to 
the definitions in

[[Page 66365]]

subsubsections (30) and (36), subsequently renumbered to (32) and (38). 
Therefore, the EPA will retain the definitions last approved on October 
3, 2014 (79 FR 59653). Similarly, Ecology submitted non-substantive 
changes to WAC 173-400-040 subsection (1) but did not submit the more 
substantive changes to subsection (2) as part of this update.\4\ The 
EPA will retain the version of WAC 173-400-040(2) last approved on 
October 6, 2016 (81 FR 69386). We also note that our prior approval of 
WAC 173-400-040 did not include subsections (3) and (5), which were 
also not submitted as part of this update. Other non-substantive 
revisions submitted for approval include clarifying changes to WAC 173-
400-050 subsection (1), WAC 173-400-060, and WAC 173-400-105, which are 
included in the docket for this action.
---------------------------------------------------------------------------

    \3\ 79 FR 39351, July 10, 2014, at page 39352.
    \4\ Ecology also revised WAC 173-400-040 subsection (7), however 
the revised text was not part of the SIP.
---------------------------------------------------------------------------

E. Benton Clean Air Agency

    As discussed in our November 17, 2015 final approval, Benton Clean 
Air Agency (BCAA) generally uses Chapter 173-400 WAC for program 
implementation, with certain exceptions (80 FR 71695). Ecology 
requested that the EPA approve the Chapter 173-400 WAC revisions 
discussed above to apply within BCAA's jurisdiction, with one 
exception. BCAA does not implement WAC provisions related to the 
Prevention of Significant Deterioration permitting program under 173-
400-700 through 173-400-750. Therefore, Ecology did not request 
approval of WAC 173-400-740 Permitting Public Involvement Requirements 
for BCAA's direct permitting jurisdiction. We also note that in our 
November 17, 2015, final approval, BCAA Regulation I, sections 4.01(A) 
and 4.01(B) replaced the WAC 173-400-030 definitions for ``fugitive 
dust'' and ``fugitive emissions.'' These two definitions were 
renumbered in the most recent rule revision to WAC 173-400-030(40) and 
(41), respectively. Similarly, in our prior approval, BCAA sections 
4.02(B), 4.02(C)(1), and 4.02(C)(3) replaced WAC 173-400-040 
subsections (4), (9)(a), and (9)(b), respectively. We are proposing to 
revise our approval of the Benton Clean Air Agency regulations 
accordingly.
    We are also proposing to correct a typographical error from a 
previous approval. In our November 17, 2015 final approval, we approved 
WAC 173-400-081 (state effective April 1, 2011) to apply in BCAA's 
jurisdiction. In a subsequent final action published October 6, 2016 
(81 FR 69389), our prior approval of WAC 173-400-081 was inadvertently 
deleted from 40 CFR 52.2470(c), Table 4--Additional Regulations 
Approved for Benton Clean Air Agency (BCAA) Jurisdiction. We are 
proposing to amend 40 CFR 52.2470 to correct this error.

III. Proposed Action

    We are proposing to approve and incorporate by reference in the 
Washington SIP at 40 CFR 52.2470(c) the following revisions as shown in 
the table below. We are also proposing to correct 40 CFR 52.2470 for 
BCAA's jurisdiction, as discussed above.

----------------------------------------------------------------------------------------------------------------
                                                                          State
            State citation                     Title/subject         effective date          Explanations
----------------------------------------------------------------------------------------------------------------
   40 CFR 52.2470(c), 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
----------------------------------------------------------------------------------------------------------------
173-400-025..........................  Adoption of Federal Rules...         9/16/18  ...........................
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(100); 173-400-
                                                                                      030(103); 173-400-
                                                                                      030(104).
173-400-040..........................  General Standards for                9/16/18  Except: 173-400-040(2); 173-
                                        Maximum Emissions.                            400-040(3); 173-400-
                                                                                      040(5).
173-400-050..........................  Emission Standards for               9/16/18  Except: 173-400-050(2); 173-
                                        Combustion and Incineration                   400-050(4); 173-400-
                                        Units.                                        050(5); 173-400-050(6).
173-400-060..........................  Emission Standards for              11/25/18  ...........................
                                        General Process Units.
173-400-105..........................  Records, Monitoring, and            11/25/18  ...........................
                                        Reporting.
173-400-171..........................  Public Notice and                    9/16/18  Except: The part of 173-400-
                                        Opportunity for Public                        171(3)(b) that says,
                                        Comment.                                       ``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).
173-400-740..........................  PSD Permitting Public                9/16/18  ...........................
                                        Involvement Requirements.
----------------------------------------------------------------------------------------------------------------
   40 CFR 52.2470(c), TABLE 4--ADDITIONAL REGULATIONS APPROVED FOR BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION
----------------------------------------------------------------------------------------------------------------
         Washington Administrative Code, Chapter 173-400--General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
173-400-025..........................  Adoption of Federal Rules...         9/16/18  ...........................
173-400-030..........................  Definitions.................         9/16/18  Except: 173-400-030(6); 173-
                                                                                      400-030(32); 173-400-
                                                                                      030(38); 173-400-030(40);
                                                                                      173-400-030(41); 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).

[[Page 66366]]

 
173-400-040..........................  General Standards for                9/16/18  Except: 173-400-040(2); 173-
                                        Maximum Emissions.                            400-040(3); 173-400-
                                                                                      040(4); 173-400-040(5);
                                                                                      173-400-040(9).
173-400-050..........................  Emission Standards for               9/16/18  Except: 173-400-050(2); 173-
                                        Combustion and Incineration                   400-050(4); 173-400-
                                        Units.                                        050(5); 173-400-050(6).
173-400-060..........................  Emission Standards for              11/25/18  ...........................
                                        General Process Units.
173-400-105..........................  Records, Monitoring, and            11/25/18  ...........................
                                        Reporting.
173-400-171..........................  Public Notice and                    9/16/18  Except: The part of 173-400-
                                        Opportunity for Public                        171(3)(b) that says,
                                        Comment..                                      ``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).
----------------------------------------------------------------------------------------------------------------

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.

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 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