Air Plan Approval; Washington; Update to the Adoption by Reference, Energy Facility Site Evaluation Council, 4233-4236 [2020-00549]
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Federal Register / Vol. 85, No. 16 / Friday, January 24, 2020 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: December 30, 2019.
Cheryl L Newton,
Acting Regional Administrator, Region 5.
following the entry for ‘‘Ozone (8-hour,
2008) Nonattainment New Source
Review Requirements’’ to read as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 52.720
*
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.720, the table in paragraph
(e) is amended by adding an entry for
‘‘Ozone (8-hour, 2015) certification of
emissions statement regulations’’
■
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographic or
nonattainment area
Name of SIP provision
*
Ozone (8-hour, 2015) certification of emissions
statement regulations.
*
*
*
Chicago and St. Louis
areas.
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0568; FRL–10003–
85-Region 10]
Air Plan Approval; Washington;
Update to the Adoption by Reference,
Energy Facility Site Evaluation Council
Environmental Protection
Agency (EPA).
AGENCY:
Final rule.
The Environmental Protection
Agency (EPA) is revising 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
approving 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.
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*
This final rule is effective
February 24, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2019–0568. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
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, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
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
PO 00000
Comments
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*
*
Certification that Illinois’ previously approved regulations at 35 IAC Part 254
meet the emissions statement requirements for the 2015 ozone NAAQS.
*
DATES:
BILLING CODE 6560–50–P
SUMMARY:
EPA approval date
*
*
5/16/2019 1/24/2020, [insert Federal
Register citation].
*
[FR Doc. 2020–00541 Filed 1–23–20; 8:45 am]
ACTION:
State
submittal
date
Sfmt 4700
*
*
(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. Many of the
provisions 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 Washington’s September 30,
2019, SIP revision. Other revised
Chapter 173–400 WAC provisions were
not submitted for approval as part of
this current SIP revision, including
certain subsections of WAC 173–400–
030 and 173–400–040. Specifically,
subsections WAC 173–400–030(30)
[subsequently renumbered to (32)],
WAC 173–400–030(36) [subsequently
renumbered to (38)], and WAC 173–
400–040(2) were not submitted by
Ecology and EFSEC as part of this
action. For those sections, the versions
previously approved by the EPA in the
Federal Register at 82 FR 24533 (May
30, 2017) remain in the SIP.
On October 29, 2019, we proposed
approving EFSEC’s updated adoption by
reference to include certain changes to
Ecology’s general air quality regulations
since EFSEC’s last adoption by reference
(84 FR 57836). The reasons for our
proposed approval were stated in the
proposed rule and will not be re-stated
here. The public comment period for
our proposed action ended on
November 29, 2019. We received no
adverse comments.
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Federal Register / Vol. 85, No. 16 / Friday, January 24, 2020 / Rules and Regulations
II. Final Action
The EPA is approving and
incorporating by reference into the
Washington SIP the submitted changes
to WAC 463–78–005, Adoption by
Reference, State effective August 26,
2019, and the corresponding submitted
updates to EFSEC’s adoption by
reference of the following sections of
Chapter 173–400 WAC:
• 173–400–111, 173–400–116, 173–
400–710, 173–400–720, 173–400–730,
173–400–810, 173–400–830, 173–400–
840, 173–400–850, State effective July
01, 2016;
• 173–400–025, 173–400–030, 173–
400–040, 173–400–050, 173–400–171,
173–400–740, State effective September
16, 2018; and
• 173–400–060 and 173–400–105,
State effective November 25, 2018.
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III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation
by reference as described in the
amendments set forth to 40 CFR part 52
below. The EPA has made, and will
continue to make, these materials
generally available through https://
www.regulations.gov and at the EPA
Region 10 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.1
IV. Statutory and Executive Order
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
1 62
FR 27968 (May 22, 1997).
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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
it does not address 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
in this preamble 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
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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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 24, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 13, 2019.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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ii. Revising the entry ‘‘173–400–030’’;
iii. Adding the entry ‘‘173–400–
030(30)&(36)’’ in numerical order;
■ iv. Revising the entry ‘‘173–400–040’’;
■ v. Adding the entry ‘‘173–400–040(2)’’
in numerical order; and
■ vi. Revising the entries ‘‘173–400–
050’’, ‘‘173–400–060’’, ‘‘173–400–105’’,
‘‘173–400–111’’, ‘‘173–400–116’’, ‘‘173–
400–171’’, ‘‘173–400–710’’, ‘‘173–400–
■
■
Subpart WW—Washington
2. Amend § 52.2470(c), Table 3, by:
a. Revising the entry ‘‘78–005’’; and
b. Under the heading ‘‘Washington
Administrative Code, Chapter 173–400
Regulations Incorporated by Reference
in WAC 463–78–005’’:
■ i. Adding the entry ‘‘173–400–025’’ in
numerical order;
■
■
■
720’’, ‘‘173–400–730’’, ‘‘173–400–740’’,
‘‘173–400–810’’, ‘‘173–400–830’’, ‘‘173–
400–840’’, and ‘‘173–400–850’’.
The revisions and additions read as
follows:
§ 52.2470
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC)
JURISDICTION
[See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability]
State citation
State
effective
date
Title/subject
EPA approval date
Explanations
Washington Administrative Code, Chapter 463–78—General and Operating Permit Regulations for Air Pollution Sources
78–005 ...........................
*
Adoption by Reference .......
*
8/26/19
1/20/2020, [Insert Federal
Register citation].
*
*
Subsection (1) only. See below for the updated Chapter 173–400—WAC provisions adopted by reference and submitted to the EPA for approval.
*
*
*
Washington Administrative Code, Chapter 173–400—Regulations Incorporated by Reference in WAC 463–78–005
173–400–025 .................
Adoption of Federal Rules ..
9/16/18
173–400–030 .................
Definitions ...........................
9/16/18
173–400–030(30) & (36).
Definitions ...........................
12/29/12
*
173–400–040 .................
*
*
General Standards for Maximum Emissions.
General Standards for Maximum Emissions.
Emission Standards for
Combustion and Incineration Units.
Emission Standards for
General Process Units.
173–400–040(2) .............
173–400–050 .................
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173–400–060 .................
*
173–400–105 .................
*
*
Records, Monitoring, and
Reporting.
*
173–400–111 .................
*
*
Processing Notice of Construction Applications for
Sources, Stationary
Sources and Portable
Sources.
*
173–400–116 .................
*
*
Increment Protection ...........
*
173–400–171 .................
*
*
Public Notice and Opportunity for Public Comment.
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9/16/18
4/1/11
1/20/2020, [Insert Federal
Register citation].
1/20/2020, [Insert Federal
Register citation].
5/30/17, 82 FR 24533.
*
*
1/20/2020, [Insert Federal
Register citation].
5/30/17, 82 FR 24533 .........
9/16/18
1/20/2020, [Insert Federal
Register citation].
11/25/18
1/20/2020, [Insert Federal
Register citation].
11/25/18
*
*
1/24/2020, [Insert Federal
Register citation].
07/01/16
*
*
1/20/2020, [Insert Federal
Register citation].
07/01/16
*
*
1/20/2020, [Insert Federal
Register citation].
9/16/18
*
*
1/20/2020, [Insert Federal
Register citation].
Frm 00045
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).
Fmt 4700
Sfmt 4700
*
*
Except: 173–400–040(2); 173–400–
040(3); 173–400–040(5).
Except: 173–400–040(2)(c); 173–400–
040(2)(d).
Except: 173–400–050(2); 173–400–
050(4); 173–400–050(5); 173–400–
050(6).
*
*
*
*
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).
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Federal Register / Vol. 85, No. 16 / Friday, January 24, 2020 / Rules and Regulations
TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC)
JURISDICTION—Continued
[See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability]
Title/subject
*
173–400–710 .................
*
*
Definitions ...........................
173–400–720 .................
Prevention of Significant
Deterioration (PSD).
Prevention of Significant
Deterioration Application
Processing Procedures.
PSD Permitting Public Involvement Requirements.
173–400–730 .................
173–400–740 .................
*
173–400–810 .................
*
*
Major Stationary Source
and Major Modification
Definitions.
*
173–400–830 .................
*
*
Permitting Requirements ....
173–400–840 .................
Emission Offset Requirements.
Actual Emissions Plantwide
Applicability Limitation
(PAL).
173–400–850 .................
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
45 CFR Part 162
[CMS–0055–F]
RIN 0938–AT52
Administrative Simplification:
Modification of the Requirements for
the Use of Health Insurance Portability
and Accountability Act of 1996 (HIPAA)
National Council for Prescription Drug
Programs (NCPDP) D.0 Standard
Office of the Secretary, HHS.
Final rule.
AGENCY:
ACTION:
This final rule adopts a
modification of the requirements for the
use of the Telecommunication Standard
Implementation Guide, Version D,
Release 0 (Version D.0), August 2007,
National Council for Prescription Drug
Programs, by requiring covered entities
to use the Quantity Prescribed (460–ET)
field for retail pharmacy transactions for
Schedule II drugs. The modification
SUMMARY:
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07/01/16
07/01/16
07/01/16
9/16/18
07/01/16
07/01/16
07/01/16
07/01/16
EPA approval date
*
*
1/24/2020, [Insert Federal
Register citation].
1/24/2020, [Insert Federal
Register citation].
1/24/2020, [Insert Federal
Register citation].
Jkt 250001
*
Except: 173–400–720(4)(a)(i through iv)
and 173–400–720(4)(b)(iii)(C).
*
*
*
*
1/24/2020, [Insert Federal
Register citation].
1/24/2020, [Insert Federal
Register citation].
1/24/2020, [Insert Federal
Register citation].
*
*
*
*
*
*
I. Background
The Health Insurance Portability and
Accountability Act of 1996 (HIPAA)
Frm 00046
*
*
*
1/24/2020, [Insert Federal
Register citation].
enables covered entities to distinguish
whether a prescription is a ‘‘partial fill,’’
where less than the full amount
prescribed is dispensed, or a refill,
where the full amount prescribed is
dispensed, in the HIPAA retail
pharmacy transactions. This
modification is important to ensure the
availability of a greater quantum of data
that may help prevent impermissible
refills of Schedule II drugs, which will
help to address the public health
concerns associated with prescription
drug abuse in the United States.
DATES: Effective Date: This final rule is
effective on March 24, 2020.
Incorporation by reference: The
incorporation by reference of certain
publications listed in the rule was
approved by the Director of the Federal
Register as of March 17, 2009.
Compliance Date: Compliance with
these regulations is required by
September 21, 2020.
FOR FURTHER INFORMATION CONTACT:
Michael Cabral, (410) 786–6168.
Geanelle G. Herring, (410) 786–4466.
Daniel Kalwa, (410) 786–1352.
Christopher S. Wilson, (410) 786–3178.
SUPPLEMENTARY INFORMATION:
PO 00000
Explanations
1/24/2020, [Insert Federal
Register citation].
*
[FR Doc. 2020–00549 Filed 1–23–20; 8:45 am]
lotter on DSKBCFDHB2PROD with RULES
State
effective
date
State citation
Fmt 4700
Sfmt 4700
requires the Secretary of Health and
Human Services (HHS) to adopt
standards for the electronic
transmission of certain health care
administrative transactions conducted
between health care providers, health
plans, health care clearinghouses, and
others. In January 2009 (74 FR 3295),
the Secretary adopted the National
Council for Prescription Drug Programs
(NCPDP) Telecommunication Standard
Implementation Guide, Version D,
Release 0, August 2007 (hereinafter
referred to as Version D.0) for the
following retail pharmacy transactions:
Health care claims or equivalent
encounter information, referral
certification and authorization, and
coordination of benefits.
A. Inappropriate Medicare Part D
Payments for Schedule II Drugs Billed
as Refills
Schedule II drugs are defined, in part,
by the Controlled Substances Act (CSA)
as those with a high potential for abuse
which may lead to severe psychological
or physical dependence (21 U.S.C.
812(b)(2)). Regulators take particular
interest in Schedule II drugs because of
public health concerns associated with
their potential for misuse. The CSA
prohibits the refilling of Schedule II
drugs, but permits partial fills of
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]]>Agencies
[Federal Register Volume 85, Number 16 (Friday, January 24, 2020)]
[Rules and Regulations]
[Pages 4233-4236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00549]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0568; FRL-10003-85-Region 10]
Air Plan Approval; Washington; Update to the Adoption by
Reference, Energy Facility Site Evaluation Council
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is revising 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 approving 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: This final rule is effective February 24, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2019-0568. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available at https://www.regulations.gov, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
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, wherever ``we,''
``us,'' or ``our'' is used, it means 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. Many of the provisions 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 Washington's
September 30, 2019, SIP revision. Other revised Chapter 173-400 WAC
provisions were not submitted for approval as part of this current SIP
revision, including certain subsections of WAC 173-400-030 and 173-400-
040. Specifically, subsections WAC 173-400-030(30) [subsequently
renumbered to (32)], WAC 173-400-030(36) [subsequently renumbered to
(38)], and WAC 173-400-040(2) were not submitted by Ecology and EFSEC
as part of this action. For those sections, the versions previously
approved by the EPA in the Federal Register at 82 FR 24533 (May 30,
2017) remain in the SIP.
On October 29, 2019, we proposed approving EFSEC's updated adoption
by reference to include certain changes to Ecology's general air
quality regulations since EFSEC's last adoption by reference (84 FR
57836). The reasons for our proposed approval were stated in the
proposed rule and will not be re-stated here. The public comment period
for our proposed action ended on November 29, 2019. We received no
adverse comments.
[[Page 4234]]
II. Final Action
The EPA is approving and incorporating by reference into the
Washington SIP the submitted changes to WAC 463-78-005, Adoption by
Reference, State effective August 26, 2019, and the corresponding
submitted updates to EFSEC's adoption by reference of the following
sections of Chapter 173-400 WAC:
173-400-111, 173-400-116, 173-400-710, 173-400-720, 173-
400-730, 173-400-810, 173-400-830, 173-400-840, 173-400-850, State
effective July 01, 2016;
173-400-025, 173-400-030, 173-400-040, 173-400-050, 173-
400-171, 173-400-740, State effective September 16, 2018; and
173-400-060 and 173-400-105, State effective November 25,
2018.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation by reference as described in
the amendments set forth to 40 CFR part 52 below. The EPA has made, and
will continue to make, these materials generally available through
https://www.regulations.gov and at the EPA Region 10 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by the EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 it does not address 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 in this preamble 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 24, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 13, 2019.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 4235]]
Subpart WW--Washington
0
2. Amend Sec. 52.2470(c), Table 3, by:
0
a. Revising the entry ``78-005''; and
0
b. Under the heading ``Washington Administrative Code, Chapter 173-400
Regulations Incorporated by Reference in WAC 463-78-005'':
0
i. Adding the entry ``173-400-025'' in numerical order;
0
ii. Revising the entry ``173-400-030'';
0
iii. Adding the entry ``173-400-030(30)&(36)'' in numerical order;
0
iv. Revising the entry ``173-400-040'';
0
v. Adding the entry ``173-400-040(2)'' in numerical order; and
0
vi. Revising the entries ``173-400-050'', ``173-400-060'', ``173-400-
105'', ``173-400-111'', ``173-400-116'', ``173-400-171'', ``173-400-
710'', ``173-400-720'', ``173-400-730'', ``173-400-740'', ``173-400-
810'', ``173-400-830'', ``173-400-840'', and ``173-400-850''.
The revisions and additions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
Table 3--Additional Regulations Approved for the Energy Facilities Site Evaluation Council (EFSEC) Jurisdiction
[See the SIP-approved provisions of WAC 463-78-020 for jurisdictional applicability]
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 463-78--General and Operating Permit Regulations for Air Pollution
Sources
----------------------------------------------------------------------------------------------------------------
78-005............................. Adoption by 8/26/19 1/20/2020, [Insert Subsection (1)
Reference. Federal Register only. See below
citation]. for the updated
Chapter 173-400--
WAC provisions
adopted by
reference and
submitted to the
EPA for approval.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Washington Administrative Code, Chapter 173-400--Regulations Incorporated by Reference in WAC 463-78-005
----------------------------------------------------------------------------------------------------------------
173-400-025........................ Adoption of Federal 9/16/18 1/20/2020, [Insert ...................
Rules. Federal Register
citation].
173-400-030........................ Definitions......... 9/16/18 1/20/2020, [Insert Except: 173-400-
Federal Register 030(6); 173-400-
citation]. 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).
173-400-030(30) & (36)............. Definitions......... 12/29/12 5/30/17, 82 FR 24533
* * * * * * *
173-400-040........................ General Standards 9/16/18 1/20/2020, [Insert Except: 173-400-
for Maximum Federal Register 040(2); 173-400-
Emissions. citation]. 040(3); 173-400-
040(5).
173-400-040(2)..................... General Standards 4/1/11 5/30/17, 82 FR 24533 Except: 173-400-
for Maximum 040(2)(c); 173-400-
Emissions. 040(2)(d).
173-400-050........................ Emission Standards 9/16/18 1/20/2020, [Insert Except: 173-400-
for Combustion and Federal Register 050(2); 173-400-
Incineration Units. citation]. 050(4); 173-400-
050(5); 173-400-
050(6).
173-400-060........................ Emission Standards 11/25/18 1/20/2020, [Insert ...................
for General Process Federal Register
Units. citation].
* * * * * * *
173-400-105........................ Records, Monitoring, 11/25/18 1/24/2020, [Insert ...................
and Reporting. Federal Register
citation].
* * * * * * *
173-400-111........................ Processing Notice of 07/01/16 1/20/2020, [Insert Except: 173-400-
Construction Federal Register 111(3)(h); The
Applications for citation]. part of 173-400-
Sources, Stationary 111(8)(a)(v) that
Sources and says,
Portable Sources. ``and 173-
460-040,'';
173-400-111(9).
* * * * * * *
173-400-116........................ Increment Protection 07/01/16 1/20/2020, [Insert ...................
Federal Register
citation].
* * * * * * *
173-400-171........................ Public Notice and 9/16/18 1/20/2020, [Insert Except: The part of
Opportunity for Federal Register 173-400-171(3)(b)
Public Comment. citation]. that says,
``or any
increase in
emissions of a
toxic air
pollutant above
the acceptable
source impact
level for that
toxic air
pollutant as
regulated under
chapter 173-460
WAC'';
173-400-171(3)(o);
173-400-171(12).
[[Page 4236]]
* * * * * * *
173-400-710........................ Definitions......... 07/01/16 1/24/2020, [Insert ...................
Federal Register
citation].
173-400-720........................ Prevention of 07/01/16 1/24/2020, [Insert Except: 173-400-
Significant Federal Register 720(4)(a)(i
Deterioration (PSD). citation]. through iv) and
173-400-720(4)(b)(
iii)(C).
173-400-730........................ Prevention of 07/01/16 1/24/2020, [Insert ...................
Significant Federal Register
Deterioration citation].
Application
Processing
Procedures.
173-400-740........................ PSD Permitting 9/16/18 1/24/2020, [Insert ...................
Public Involvement Federal Register
Requirements. citation].
* * * * * * *
173-400-810........................ Major Stationary 07/01/16 1/24/2020, [Insert ...................
Source and Major Federal Register
Modification citation].
Definitions.
* * * * * * *
173-400-830........................ Permitting 07/01/16 1/24/2020, [Insert ...................
Requirements. Federal Register
citation].
173-400-840........................ Emission Offset 07/01/16 1/24/2020, [Insert ...................
Requirements. Federal Register
citation].
173-400-850........................ Actual Emissions 07/01/16 1/24/2020, [Insert ...................
Plantwide Federal Register
Applicability citation].
Limitation (PAL).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-00549 Filed 1-23-20; 8:45 am]
BILLING CODE 6560-50-P
